[1969 Code § 18-1]
This chapter shall be known and may be cited as "The Land Subdivision
Regulations of the Borough of Surf City."
[1969 Code § 18-2]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough in order to
promote the public health, safety, convenience and general welfare
of the Borough. It shall be administered to insure the orderly growth
and development, the conservation, protection and proper use of land
and adequate provision of circulation, utilities and services.
[1969 Code § 18-3]
The approval provisions of this chapter shall be administered
by the Planning Board in accordance with the Municipal Planning Act
(1953), as amended and supplemented.
[1969 Code § 18-4]
As used in this chapter:
Shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against a flood damage in
accordance with N.J.S.A. 58:1.
Shall mean the official action of the Planning Board taken
on a tentatively approved plat after all requirements, conditions
and engineering plans have been completed and the required improvements
have been installed or bonds properly posted for their completion.
A plat that receives such final approval must have been prepared by
a licensed professional engineer and land surveyor in compliance with
all the provisions of Chapter 358, Laws of 1953, as amended and supplemented
and is the map which must be filed with the County Clerk within 90
days after such action in order to make the approval binding.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with this chapter and which, if approved, shall be filed with the
County Clerk.
Shall mean a subdivision where the majority of the lots front
on lagoons at least 100 feet in width.
Shall mean a parcel or portion of land separated from other
parcels or portions by description as on a subdivision or record of
survey map or by metes and bounds for purposes of sale, lease or separate
use.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the Borough which shall have
been duly adopted by the Planning Board.
Shall mean any subdivision containing not more than three
lots fronting on an existing improved street, not involving any new
street, road or easement of access, or the extension of water lines
and/or municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provisions or portion of the Master Plan, Official Map, Zoning
Ordinance of the Borough, or this chapter and provided further that
the proposed subdivision is not adjacent to any other tract or part
of a tract of vacant or unsubdivided and under the same ownership.
Shall mean a map adopted in accordance with the Official
Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any
prior act authorizing such adoption, as amended and supplemented.
Such a map shall be deemed to be conclusive with respect to the location
and width of the streets, public park and playground, and drainage
right-of-way shown thereon.
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board or other approving body approves a plat, including performance
bonds, escrow, agreements and other similar collateral or surety agreements.
Shall mean the map of a subdivision.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of subsection 29-6.2 of this chapter.
Shall mean the sketch map of subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of subsection 29-6.1 of this chapter.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action or a street
or way on a plat duly filed and recorded in the office of the County
Clerk prior to the appointment of a Planning Board and the grant to
such a Board of the power to review plats and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines. For the purpose of this chapter, streets
shall be classified as follows:
CONTROLLED ACCESS HIGHWAYSAre those used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSAre those which are used primarily for fast or heavy through traffic.
MAJOR STREETSAre those which are used primarily for heavy local and through traffic.
COLLECTOR STREETSAre those which carry traffic from minor streets to the major street, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSAre those which are used primarily for access to the abutting properties.
MARGINAL SERVICEStreets are those which are parallel or adjacent to controlled access highways or major streets; and which provide access to abutting properties and protection from through traffic.
ALLEYSAre minor ways which are used primarily for vehicular service access to the back of the side of properties otherwise abutting on a street.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate, or future, of sale or building development; except
that the following divisions shall not be considered subdivisions,
provided, however, that no new streets or roads are involved: divisions
of property by testamentary provisions or intestacy, or divisions
of property upon court order. "Subdivision" shall also include resubdivision,
and where appropriate to the context relates to the process of subdividing
or to the lands or territory divided. Divisions of land into parcels
that would be too small to build on under the provisions of the Zoning
Ordinance of the Borough shall not be considered a subdivision where
the purpose of this division is to increase the size of a lot existing
at the time of the division. No subdivision is involved where there
has been a division of a tract of land in accordance with such maps
that have been prepared by the Borough for assessment purposes or
approved by the Borough prior to September 15, 1967.
Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
such other duties relating to land subdivision which may be conferred
on this Committee by the Board.
Shall mean the official action taken on a preliminary plat
by the Planning Board meeting in regular sessions which determines
whether or not the map submitted is in proper form and meets the established
standards adopted for design layout and development of the subdivision.
Such tentative approval confers certain irrevocable rights upon a
subdivider for a period of three years on a condition that the general
terms and conditions specifically agreed upon will be fully met, and
further that the final plat be submitted for final approval within
the three-year time period.
[1969 Code § 18-5.1; Ord. No. 77-11 § 1; Ord. No. 84-8]
a.
Any owner of lands within the Borough, prior to subdividing or resubdividing land, as defined in Section 29-4, shall submit to the Secretary of the Planning Board at least three weeks prior to the regular meeting of the Board, three copies of a completed application and seven copies of a sketch plat of the proposed subdivision for purposes of classification, procedural advice or preliminary discussion. At the time of submitting an application, the following fee schedule shall apply:
1.
Each application at the time of submission shall pay an application
fee of $100.
2.
In addition, each applicant shall deposit in cash or certified or
cashiers check, with the Secretary of the Planning Board, $50 per
lot up to and including 10 lots, plus an additional $5 per lot on
each lot above 10 lots.
Such fee shall be placed in an escrow account by the Planning
Board to cover the cost of professional, legal and engineering services
for review or other incidental expenses connected with the processing
of all materials submitted.
d.
If classified as a minor subdivision by the Subdivision Committee,
a notation to that effect shall be made on the sketch plat. The plat
shall then be forwarded to the Secretary of the Planning Board for
consideration by the board at its next regular meeting. If the classification
is approved, the sketch plat shall be returned to the subdivider for
submission by him to the Ocean County Planning Board. After approval
by the Ocean County Planning Board, the sketch plat shall be returned
to the Secretary of the Borough Planning Board for further action.
If the minor subdivision is approved by the Planning Board, the Chairman
and Secretary of the Board shall indicate such approval by signing
the sketch plat, and the Borough Clerk shall also sign and affix the
seal of the Borough. No further action shall be required.
e.
Before the Secretary of the Planning Board returns the approved sketch
plat to the subdivider, the latter shall have sufficient copies made
to furnish one copy to each of the following:
1.
Borough Clerk.
2.
Borough Engineer.
3.
Construction Official and/or Zoning Officer.
4.
Tax Assessor.
5.
Secretary of the Planning Board.
6.
County Planning Board.
|
The cost of the copies shall be charged to the subdivider, if
sufficient copies have not been provided by him, and shall be collected
before the return of the original sketch plat to the subdivider.
|
f.
Either a deed description or plat map drawn in compliance with N.J.S.A.
40:55D-47, shall be filed by the subdivider with the County Clerk
within 190 days from the date of approval of the sketch plat.
[1969 Code § 18-5.2]
a.
At least one linen tracing and seven prints of the preliminary plat,
one linen tracing and seven prints of utility map showing plans, profiles
and cross sections of all gradings, paving, roads, sidewalks, storm
and sanitary sewers and appurtenances, water mains, gas mains, bridges
and street signs, and showing connections to existing or proposed
utilities, together with three completed application forms for tentative
approval shall be submitted by the owner properly signed as being
the person or subdivider seeking approval, or by his agent acting
for and with the consent of the owner, to the Secretary of the Planning
Board at least three weeks prior to the Planning Board meeting at
which consideration is desired.
b.
The subdivider must first receive approval from the Secretary of
the Planning Board that his submission with respect to preliminary
approval is perfected before the subdivider may advertise for a public
hearing.
c.
The applicant shall comply with the provisions of N.J.S.A. 40:55-1.7
and any supplements and amendments thereto as regards to procedures
for giving notice. For information purpose only, N.J.S.A. 40:55-1.7
provides as follows:
|
"Whenever a hearing is required under any section
in this chapter, before action by a Planning Board, notice of the
hearing shall be published in the official newspaper of the municipality
or in a newspaper of general circulation in the municipality at least
10 days prior to the hearing. In cases dealing with plat approval,
notice of the hearing shall be mailed at least five days prior thereto,
addressed to the owners, as their names appear on the municipal tax
record of adjoining property and property directly across the street
or streets from the property involved.
|
|
The notice of hearing shall contain a brief description
of the property involved, a statement as to its location, a list of
the maps and other documents to be considered, and a summary statement
of the matters to be heard. Copies of the maps and other documents
to be considered at the hearing shall be filed in the office of the
Borough Clerk. Such copies shall be made available at such office
for public inspection."
|
|
The subdivider shall also file the affidavits of mailing and
publication as herein required with the Secretary of the Planning
Board prior to the hearing.
|
d.
Upon submission of the preliminary plat for tentative approval, the
Secretary of the Planning Board shall submit one copy to each of the
following:
e.
The Planning Board shall act on the preliminary plat within 60 days
after the submission has been declared perfected, but in no case before
the expiration of the twenty-day period within which the County Planning
Board, the Borough Engineer and other officers or public body whose
approval is required, may submit a report on the subdivision. In all
cases the recommendations of such authorities shall be given careful
consideration in the final decision of the Borough Planning Board.
If the Planning Board disapproves a plat, the reasons for disapproval
shall be remedied prior to further consideration. The person submitting
a plat shall be notified of the action of the Planning Board within
60 days of its effective date of submission. For purposes of computing
the effective date of submission, such date shall be defined as the
date upon which the Secretary of the Planning Board has officially
declared the submission to be perfected and has authorized the subdivider
to advertise for public hearing.
f.
If the Planning Board acts favorably on a preliminary plat, the Chairman
of the Planning Board shall affix his signature to the plat with a
notation that it has received tentative approval. The same shall then
be returned to the subdivider for compliance with final approval requirements.
g.
Tentative approval shall confer upon the applicant the following
rights for a three-year period from the date of such approval:
h.
Failure of the Planning Board to act within the allotted time shall
be deemed to constitute approval of the plat and the Borough Clerk
shall issue a certificate to that effect.
[1969 Code § 18-5.3]
a.
After subdivision approval has been granted and prior to issuing
a building permit, the applicant shall tender to the Borough a fee
in cash or other security approved by the Borough Attorney, equal
to 5% of the Borough Engineer's estimated cost for on-site and
off-site improvements which directly or indirectly affect public streets
and lands within the Borough including but not limited to streets,
curbs, aisles, lanes, driveways, parking spaces, loading areas, easements,
lighting, sidewalks, landscaping walls, fences, storm drainage, sanitary
sewer and water systems. The purpose of such fee shall be to cover
costs of inspection of the improvements and other similar legal and
engineering services. All such fees shall be placed in a separate
escrow account by the Planning Board, the signatories for the same
to be countersigned in the same manner as in other similar accounts
of the Borough.
b.
All the above improvements shall be subject to inspection and approval
by the Construction Official who shall be notified by the applicant
at least 48 hours prior to the start of construction. The Construction
Official may require the assistance of the engineer in effecting inspection
and approval. No underground installations, subgrade and/or stages
of paving or other work done in stages shall be poured, installed,
covered, backfilled or removed until inspected and approved. Distribution
and supply lines installed by a recognized utility company operating
under the regulations of the Public Utilities Commission of the State
of New Jersey are hereby exempt from this inspection requirement.
c.
A Certificate of Occupancy shall not be approved until all the required
improvements have been installed and improved and functioning properly
to that building, or portion of a building for which a Certificate
of Occupancy is requested in accordance with the provisions of this
chapter or other appropriate legal requirements. Nor shall any Certificate
of Occupancy be issued for any building or portion of a building or
other improvements remaining to be constructed elsewhere on or off
the site in order to complete the entire project until a performance
guarantee, letter of credit or other form of guarantee acceptable
to the Borough Council in a form approved by the Borough Attorney
and in an amount determined by the Borough Engineer to be sufficient
to assure completion of all the remaining improvements and in a form
guaranteeing completion of remaining improvements within one year.
The Borough Council may require a three-year maintenance bond for
any and all off-site improvements in the form and manner designated
above.
d.
The Borough Engineer and Borough and Planning Board Attorneys shall,
at the request of the Planning Board, submit to the Planning Board
a schedule of fees for services rendered in accordance with the provisions
of this chapter for subdivision review, off-site inspections and such
other professional services as may be required.
[1969 Code § 18-5.4]
a.
The final plat shall be submitted to the Secretary of the Planning
Board for forwarding to the Planning Board for final approval within
three years from the date of preliminary approval. The Board shall
act upon the final plat within 45 days after the date of such submission.
b.
The original tracing, one translucent tracing cloth copy, two cloth
prints, six black on white prints and three copies of the application
form for final approval shall be submitted to the Secretary of the
Planning Board at least 10 days prior to the date of a regular Planning
Board meeting. Unless the preliminary plat is approved without changes,
the final plat shall have incorporated all changes or modifications
required by the Board.
c.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed
and those to be installed and that the subdivider has complied with
one or both of the following:
d.
Any plat which requires County Planning Board approval pursuant to
N.J.S.A. 40:27.12 as amended and supplemented, shall be forwarded
to the County Planning Board for its action prior to final action
by the Planning Board.
e.
The final plat shall be forwarded to the Borough Engineer upon receipt
by the Secretary of the Planning Board for his review. He shall report
back to the Planning Board within 10 days regarding compliance of
the final plat with the general terms and conditions of tentative
approval.
f.
If the Planning Board approves the final plat, a notation to that
effect shall be made on each plat and shall be signed by the Chairman
and the Secretary of the Planning Board; and the Borough Clerk shall
sign the same and affix the Borough seal.
g.
Failure of the Planning Board and the governing body to act within
the allotted time or mutually agreed upon extension thereof, shall
be deemed to be favorable approval and the Borough Clerk shall issue
a certificate to that effect in accordance and compliance with the
requirements of N.J.S.A. 40:44.1.18, as amended and supplemented.
i.
The final plat, after final approval by the Planning Board, shall
be filed by the subdivider with the County Clerk within 90 days from
the date of such approval. If any final plat is not filed within this
period, the approval shall expire.
j.
No plat shall be accepted for filing by the County Clerk unless it
has been approved by the Planning Board and signed by the Chairman
and Secretary of the Planning Board, and by the Borough Engineer and
Clerk.
k.
The Borough Clerk is hereby designated and authorized, pursuant to
N.J.S.A. 40:55.1.24, to issue certificates as to approval of subdivision
of land.
[1969 Code § 18-5.5]
If any persons shall be aggrieved by the action of the Planning
Board, appeal in writing to the Borough Council may be taken within
10 days after the date of the action by the Planning Board. A hearing
thereon shall be had on at least 10 days' written notice to all
parties in interest, who shall be afforded an opportunity to be heard.
After such hearing the Borough Council may affirm or reverse the action
of the Planning Board by a recorded vote of a majority of the total
members thereof. The findings and reasons for the disposition of the
appeal shall be stated on the records of the Borough Council and the
applying party shall be given a copy.
[1969 Code § 18-6.1]
The sketch plat shall be based on tax map information or some
other similarly accurate base at a scale conforming with an existing
tax map, to enable the entire tract to be shown on one sheet and show
or include the following information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract.
b.
All existing structures, streams and other water courses and wooded
areas or areas of natural vegetation (native to Long Beach Island,
such as Holly, Beach Plum, Bayberry, Cedar, etc.) within the portion
to be subdivided and within 200 feet thereof. The location of all
structures, both within the proposed subdivision and immediately adjacent
to it shall be shown. The use of all buildings and land areas shall
be indicated.
c.
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records.
d.
The tax map sheet, block and lot numbers, and block and lot numbers
of adjoining property.
e.
All existing or proposed streets or roads within or adjoining the
subdivision, setting forth the names of streets or roads and the right-of-way
and cartway widths thereof.
f.
Distance in feet to nearest intersections.
g.
Dimensions of lots concerned.
h.
Arrow indicating direction of North.
|
The sketch plat shall be clearly and legibly drawn or reproduced
by a licensed New Jersey professional engineer and/or land surveyor.
|
[1969 Code § 18-6.2; Ord. No. 70-7 § 1]
The preliminary plat shall be designed in accordance with the provisions of Section 29-7 of this chapter, in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale conforming with a tax map, by a licensed New Jersey professional engineer and/or land surveyor. For initial consideration by the Planning Board prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:
a.
A key map showing the entire subdivision and its relation to surrounding
areas.
b.
The tract name, tax map sheet, block and lot number, date reference
meridian, graphic scale and the following names, addresses and facts:
c.
Acreage of tract to be subdivided to nearest tenth of an acre.
d.
Sufficient approximate elevations and contours to determine the general
slope and natural drainage of the land and the high and low points
of all proposed new streets. Proposed contours shall be shown in dashed
lines with arrows indicating the direction of runoff. The proposed
elevation at the corners of the lot and house and of the garage floor
shall be shown.
e.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features.
f.
Plans, profiles and cross sections of all grading, paving, curbs,
sidewalks, storm and sanitary sewers and appurtenances, water mains,
gas mains, street signs, bridges, shade trees and showing connections
to existing or proposed utilities and all meeting the requirements
of the Borough Engineer.
g.
Any subdivision or part thereof which does not meet with the established
requirements of this chapter or other applicable regulations shall
not be approved.
When the preliminary plat, which has been granted tentative
approval, forms the basis upon which approval will be made, such plat
map and its accompanying engineering plans must be prepared by a licensed
professional engineer and/or licensed land surveyor in compliance
with all the provisions of Chapter 358 of the Laws of 1953, as amended
and supplemented, before the required improvements of this chapter
are installed or the performance guaranty for same are furnished,
which requirements must be met before application and the granting
of final approval of the plat can be made.
h.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
i.
Block and lot numbers as approved by the Tax Assessor, for all newly
formed or altered lots.
[1969 Code § 18-6.3]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 50 feet and in compliance with all
the provisions of Chapter 358 of the Laws of 1953, as amended and
supplemented. The final plat shall show or be accompanied by the following:
a.
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
b.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines; with accurate dimensions,
bearings or deflection angles, and radii, arcs, and central angles
of all curves.
c.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d.
Block and lot numbers as approved by the Tax Assessor.
e.
Minimum building setback line on all lot and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining unsubdivided land.
h.
Certification by engineer or surveyor or as to accuracy of details
of plat.
i.
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement.
j.
When approval of a plat is required by any officer or body of such
a municipality, County or State, approval shall be certified on the
plat.
k.
Plans, profiles and cross sections of all grading, paving, curbs,
sidewalks, storm and sanitary sewers and appurtenances, water mains,
gas mains, street signs, bridges, shade trees, as built, approved
by the engineer shall accompany the final plat.
l.
Contours at one foot intervals.
m.
Certificate from Tax Collector that all taxes are paid to date.
[1969 Code § 18-7.1]
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the ultimate installation of the following as may be required by the
Planning Board and Borough Council.
a.
Grading and Paving of Streets. All streets shall be constructed in
accordance with official grades established by the Borough and shall
conform to the minimum specifications as commonly utilized by the
Borough and County unless specifications for thicker or stronger streets
shall be set by the Borough Engineer and required by the Planning
Board and Borough Council due to special soil or other conditions
in the area concerned. No street shall be accepted unless all utilities
available for such prospective lot have been installed to a point
inside the curbline.
b.
Curbs and Gutters. Combined concrete curbs and two-foot wide gutters
shall be installed on both sides of all streets unless specifically
excepted. The top of the curb shall be at least six inches wide. The
gutter shall be 24 inches wide and six inches in depth at its intersection
with the curb. The gutter shall have a minimum of six inches in depth.
Curbs and gutters shall be monolithic. They shall be cut into separate
sections not exceeding 10 feet in length and shall have division plates
extending entirely through the concrete. Premolded joint materials
conforming to requirements as recommended by the Borough Engineer
shall be used in curbs at intervals not in excess of 50 feet.
c.
Sidewalks. Concrete sidewalks four feet in width and four inches
thick shall be installed on both sides of all streets. The sidewalks
shall be made of or cut into squares not exceeding five feet in length
with division plates extending through the concrete. Premolded joint
material conforming to requirements as recommended by the Borough
Engineer shall be used at intervals not in excess of 50 feet. Such
premolded joint materials shall also be used where curbs and sidewalks
join each other. Where crossed by a driveway, the sidewalk shall be
six inches thick. The sidewalk shall have a slope of 1/4 inch per
foot toward the street.
d.
Bridges. Bridges shall meet with the approval of the Borough Engineer.
e.
Sanitary and Storm Sewers and Their Appurtenances, and Water Mains.
Sanitary and storm sewers and their appurtenances, and water mains
shall meet with the approval of the Borough Engineer and shall conform
with comprehensive plans for these facilities in the Borough.
f.
Street Lighting. Street lighting shall be installed in accordance
with the "Recommended Practice of Street and Highway Lighting" of
the Illuminating Engineering Society (latest edition) or as required
by the Borough Engineer along the streets within and abutting the
subdivision.
g.
Street Signs and Other Signs. Signs, curve signs, school crossing
signs, and other signs needed to regulate traffic or for warning purposes
shall be installed as specified by the Borough Engineer and Director
of the Department of Streets and Roads, of the same or equal quality,
size and style as those being erected by the Borough at the time of
the approval of the subdivision.
h.
Gas Mains. Gas mains shall conform with the standards and specifications
of the public utility serving the Borough and with the recommendations
of the Borough Engineer.
i.
Fire Hydrants. Fire hydrants and control valves shall be installed
not more than 600 feet apart at proper locations to be determined
by the Borough Engineer and shall be painted in such colors so as
to conform with existing hydrants in the Borough, or as specified
by the Borough Engineer.
j.
Monuments. Monuments shall be of the size and shape required by Section
4 of Chapter 358 of the Laws of 1953, as amended and supplemented,
and shall be placed in accordance with the statute.
k.
Fire Alarm Systems. Fire alarm systems shall be installed where they
can be connected either by wire or electronically to an existing system.
l.
Native Vegetation. Whenever any native vegetation such as bayberry
bushes or trees, cedar trees, holly trees, beach plums, etc., exist
at the time of application for a subdivision, such native vegetation
will be left intact insofar as is possible consistent with the intended
construction on or use of the tract following subdivision. This shall
not be construed to prohibit the normal maintenance of the grounds
so as to render the tract or portion thereof in a pleasing state of
appearance to both owner and community.
|
All of the above listed improvements shall be constructed in
accordance with the requirements of the Borough and in a manner satisfactory
to the Borough Engineer.
|
[1969 Code § 18-7.2]
No final plat shall be approved by the Planning Board until
the completion of such required improvements has been certified to
the Planning Board by the Borough Engineer, unless the subdivision
owner shall have filed with the Borough a performance guarantee sufficient
in amount to cover the cost of all such improvements or uncompleted
portions thereof as estimated by the Borough Engineer, and assuring
the installation of such uncompleted improvements on or before an
agreed date. Such performance guarantee may be in the form of a performance
bond which shall be issued by a bonding or surety company licensed
to do business in New Jersey, and approved by the Borough Council;
a certified check, returnable to the subdivider after full compliance;
or any other type of surety approved by the Borough Attorney.
The performance guarantee shall be approved by the Borough Attorney
as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the Planning Board, but, in
no case, for a term of more than three years. However, with the consent
of the owner and the surety, if there be one, the Borough Council
may, by resolution, extend the term of such performance guarantee
for an additional period not to exceed three years. The amount of
the performance guarantee may be reduced by the Borough Council by
resolution when portions of the required improvements have been installed.
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the Borough for the reasonable cost of the improvements
not installed and upon receipt of the proceeds thereof, the Borough
shall install such improvements.
[1969 Code § 18-8]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
[1969 Code § 18-8.1]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the Borough. Where
either or both an Official Map or Master Plan has or have been adopted,
the subdivision shall conform to the proposals and conditions shown
thereon. The streets, drainage rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan or
Official Map shall be considered in approval of subdivision plats.
Where no Master Plan or Official Map exists, streets and drainage
rights-of-way shall be shown on the final plat in accordance with
Section 20 of Chapter 433 of the Laws of 1953, as amended and supplemented,
and shall be such as to lend themselves to the harmonious development
of the Borough and enhance the public welfare in accordance with the
design standards enumerated in this section.
[1969 Code § 18-8.2]
a.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
b.
Minor streets shall be designed so as to discourage through traffic.
c.
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic as the Planning
Board may determine appropriate.
d.
The right-of-way width shall be measured from lot line to lot line,
and shall not be less than 50 feet.
e.
The right-of-way for internal roads and alleys in multifamily, commercial
and industrial districts shall be on an individual basis, and shall
in all cases be of sufficient width for loading needs and maximum
access for firefighting equipment.
f.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Borough Council under conditions
approved by the Planning Board.
g.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
h.
Grades of arterial and collector streets shall not exceed 5%. Grades
on other streets shall not exceed 7%. No street shall have a minimum
grade of less than .5%.
i.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 20 feet.
j.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
k.
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
l.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet for minor streets
and 300 feet for arterial and collector streets.
m.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
n.
Dead-end streets (cul-de-sacs) shall not be longer than 600 feet
and shall provide a turnaround at the end with a radius of not less
than 50 feet and tangent whenever possible to the right side of the
street. If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
o.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
[1969 Code § 18-8.3]
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
Zoning Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
b.
In blocks over 800 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkway
shall be 10 feet wide and be straight from street to street.
c.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
[1969 Code § 18-8.4]
a.
Lot dimensions and area shall not be less than the requirements of
the Borough Zoning Ordinance.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
c.
Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in subsection 29-6.2e, and except lots fronting on private roadways or easements; provided however, that no such private roadway or easement shall be less than 25 feet in width.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formation, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
[1969 Code § 18-8.5]
a.
In large-scale development, easements along rear property lines or
elsewhere for utility installation may be required. Such easement
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
b.
Where a subdivision is traversed by a watercourse, drainage way,
channel or street, there shall be provided a storm water easement
or drainage right-of-way conforming substantially with the lines of
such watercourse, and such further width or construction, or both,
as will be adequate for the purpose.
[1969 Code § 18-9]
After final approval of the plat has been granted, any person
that shall be aggrieved by such action of the Planning Board may appeal
in writing to the Borough Council within 10 days after the date of
the final approval. A hearing thereon shall be held on public notice
published by the Borough Clerk notifying all parties in interest who
shall be afforded an opportunity to be heard. After such hearing the
Borough Council may affirm or reverse the action by a recorded vote
of a majority of the total members thereof. The findings and reasons
for the disposition of the appeal shall be stated on the records of
the Borough Council and the applying party shall be given a copy.
Nothing in this chapter shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
[1969 Code § 18-10]
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of Surf City.
Any action taken by the Borough Council and the Planning Board under
the terms of this chapter shall give primary consideration to the
above-mentioned matters, and to the welfare of the entire Borough.
However, if the subdivider or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impractical or
will exact undue hardship, the Planning Board and the Borough Council
may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
established by this chapter.
