Township of Belleville, NJ
Essex County
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[Ord. #1949]
[Ord. #1949 § 1]
"An ordinance establishing rules, regulations and standards governing the subdivision of land within the Township of Belleville pursuant to the authority set forth in R.S. 40:55-1.1 and supplements thereto, setting forth the procedure to be followed by the Planning Board and Governing Body in applying and administering these through 40:55-1.29 and amendments, rules, regulations and standards; and providing penalties for the violation thereof."
[Ord. #1949 § 1]
This chapter shall be known and may be cited as: "The Land Subdivision Ordinance of the Township of Belleville, New Jersey."
[Ord. #1949 § 2]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Township of Belleville in order to provide for the orderly growth and development of the Township and to assure and promote the comfort, health, safety, convenience and general welfare of the Township in conformance with the Town's master plan, zoning ordinance and official map.
[Ord. #1949 § 3]
The provisions of this chapter shall be administered by the Governing Body after favorable referral by the Township Planning Board in accordance with R.S. 40:55-1.14.
[Ord. #1949 § 4]
As used in this chapter:
a. 
BUFFER STRIP - Shall mean a landscaped, planting strip of at least 10 feet wide providing a vertical screening not less than five feet in height to protect subdivision from railroad rights-of-way, and major or secondary arterial streets, and to be maintained for the life of the use to which the land is put.
b. 
CROSSWALK OR WALKWAY - Shall mean a right-of-way, dedicated to public use, to facilitate pedestrian access through a subdivision.
c. 
CUL-DE-SAC - (See street).
d. 
DRAINAGE RIGHT-OF-WAY - Shall mean the lands required for the installation of storm water sewers or drainage ditches or lands or interests therein required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein so as to safeguard the public against flood damage in accordance with R.S. 58:1-1 et seq. as amended and supplemented to date.
e. 
DWELLING UNIT - Shall mean any room or combination of rooms containing sleeping, cooking and sanitary facilities intended to provide living accommodations for a family.
f. 
EASEMENT - Shall mean a restriction established in a real estate deed to permit the use of land by the public, a corporation, or particular persons for specific uses.
g. 
FAMILY - Shall mean one or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, hotel or motel.
h. 
LOT - Shall mean any parcel, plot, site, or portion of land separated or divided from other parcels or portions by description on a subdivision plat, deed, record or survey map or by metes and bounds with the intention of offering such unit for sale, lease or separate use either as an undeveloped or developed site, regardless of how it is conveyed.
i. 
MASTER PLAN - Shall mean a comprehensive plan consisting of mapped and written proposals duly adopted by the Planning Board for the future growth, protection and development of the Township recommending standards for the promotion of the comfort, convenience, public health, safety and general welfare of the community.
j. 
OFFICIAL MAP - Shall mean the official map as adopted by the Township in accordance with the Official Map and Building Permit Act, R.S. 40:55-1.30 through 40:55-1.42 or any other prior act authorizing such adoption.
k. 
OFFICIAL NOTICE - Shall mean notifications of all property owners affected by a proposed subdivision within the limits defined in this chapter by either a personal visit, telephone call or registered mail, and the requirement to have a notice of the public hearing published in a newspaper of general circulation within the Township at least 10 days prior to the hearing.
l. 
OWNER - Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
m. 
PERFORMANCE GUARANTEE - Shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves the plat, including performance bonds, escrow agreements, or other similar collateral or surety agreement.
n. 
PLAT - Shall mean the map of a subdivision.
o. 
PLAT, FINAL - Shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval and recommendation to the Governing Body in accordance with these regulations, and which if approved shall be filed with the proper County Recording Officer.
p. 
PLAT, PRELIMINARY - Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Township Clerk for Planning Board consideration and tentative approval and meeting the requirements of this chapter.
q. 
PLAT, SKETCH - Shall mean the sketch map of a subdivision of sufficient accuracy for submission to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
r. 
RECREATION SITE - Shall mean a useable, single tract of land developed for recreation and play uses as part of a subdivision including a minimum five acre site required in subdivisions for planned residential development in accordance with the Zoning Ordinance of the Township of Belleville.
s. 
RIGHT-OF-WAY - Shall mean the land and space required on the surface, subsurface, and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air as established by local authorities, and shall be measured from lot line to lot line.
t. 
STREET - Shall mean any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing State, County or Township 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 board of the power to review plats, and includes the land between street lines, whether improved or unimproved, and may comprise pavements, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
u. 
STREET, ALLEY - Shall mean a minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
v. 
STREET, ARTERIAL- Shall mean streets used primarily for traveling between cities and designed to handle greater volumes of traffic than collector or local streets.
w. 
STREET, COLLECTOR - Shall mean those which carry traffic from local streets to the major system of arterial streets.
x. 
STREET, CUL-DE-SAC - Shall mean a local deadend street terminating in a circular turn-around area generally not used for ingress and egress by more than 10 abutting lots and generally not longer than 400 feet.
y. 
STREET, LIMITED SERVICE - Shall mean a local deadend street terminating in a rectangular turn-around area not to be used for ingress or egress by more than four abutting lots and not to exceed 200 feet in length.
z. 
STREET, LOOP - Shall mean a continuous local street, whose entrance and exit are parallel or nearly parallel to each other and generally not used for ingress and egress by more than 50 abutting lots.
aa. 
STREET, MINOR - Shall mean those streets which need to be entered only for stopping at a destination on that street and which need not be used for general circulation or through traffic.
bb. 
SUBDIVIDER - Shall mean any individual, firm, association, syndicate, copartnership, corporation, or other legal entity commencing proceedings to subdivide the land for himself or for another according to the provision of this chapter.
cc. 
SUBDIVISION - Shall mean the division of a lot, tract, or parcel of land into two or more lots, sites or other division 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 land for agricultural purposes where the resulting parcels are three acres or larger in size, divisions of property by testamentary or intestate provisions or divisions of property upon court order. Subdivision also includes resubdivision, and where appropriate to the context relates to the process of subdividing or to the lands or territory divided.
dd. 
SUBDIVISION COMMITTEE - Shall mean a committee of at least five 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 of performing such other duties relating to land subdivision as may be conferred on this committee by the board.
ee. 
SUBDIVISION, MAJOR - Shall mean any subdivision not classified as a minor subdivision.
ff. 
SUBDIVISION, MINOR - Shall mean any subdivision containing not more than four lots fronting on an existing street, nor involving any new street or road or the extension of Township 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, health code or this chapter.
gg. 
WALKWAY - (See Crosswalk).
[Ord. #1949; Ord. #2564; Ord. #2715]
[Ord. #1949 § 5; Ord. #2564 § 1]
a. 
A sketch plat is required of all owners, as herein defined, seeking a subdivision for the purpose of classification and preliminary discussion so that they may obtain the advice of the Planning Board, its subdivision committee, and other Township Officials in the formative stages of the design, and for the purpose of assuring coordination with the master plan.
b. 
Procedures for Submitting Sketch Plat.
1. 
Submit to the secretary of the Planning Board at least two weeks prior to the regular meeting of the board six copies of the sketch plat application and eight copies of the sketch plat of the proposed subdivision for purposes of classification and preliminary discussion.
2. 
Immediately upon receipt of the copies of the sketch plat of a major subdivision the secretary of the Planning Board shall forward two copies of the sketch plat to the Essex County Planning Board, and one copy each to the members of the subdivision committee engineer and building inspector for their review and comments. If within 20 days after receiving the sketch plat for the County Planning Board or Building Inspector do not return their copies and any comments to the secretary of the Planning Board, the sketch plat shall be deemed to have been approved by them.
3. 
Whenever a sketch plat of a minor subdivision is submitted for review which fronts on an existing street, three copies of the deeds of dedication shall be included in the application to provide sufficient right-of-way where the existing street right-of-way is less than the minimum requirements of this chapter or the adopted master plan.
4. 
If the sketch plat is classified as a major subdivision, a notation to that effect shall be made on the plat together with any recommendations and comments from the Planning Board and returned to the subdivider for compliance.
5. 
If classified and approved as a minor subdivision by unanimous action of the subdivision committee, a notation to that effect will be made on the sketch plat which will then be forwarded to the Mayor and for final action thereon.
6. 
The subdivision committee shall report its actions at the next regular meeting of the Planning Board. The Planning Board shall spread on the report in its official minutes and cause an official notice of the approvals of minor subdivision by the subdivision committee to be placed in a newspaper of general circulation with the Town.
7. 
Nine copies of the approved sketch plat of a minor subdivision only shall be distributed by the secretary of the Planning Board as follows:
(a) 
Township Clerk: one copy.
(b) 
Township Engineer: one copy.
(c) 
Building Inspector: one copy.
(d) 
Township Attorney: one copy.
(e) 
Township Planning Board: two copies.
(f) 
County Planning Board: three copies.
8. 
The approved sketch plat of a minor subdivision will be returned to the subdivider within one week following signature by the secretary of the Planning Board, the Mayor and the Township Clerk and the submission of deeds of dedication where applicable.
9. 
The approval of a sketch plat of a minor subdivision shall expire 90 days from the date of approval unless within such period either a deed description or plat map drawn in compliance with R.S. 46:23-9.11, is filed by the subdivider with the County Recording Officer and a copy of such deed or plat map together with the date and index reference of the filing with the County Recording Officer is filed with the secretary of the Township Planning Board and the Township Clerk.
c. 
Details of Sketch Plat. The sketch plat shall be based on tax map information or some other similarly accurate base at a scale not smaller than 400 feet to the inch and preferably 200 feet to the inch or larger to enable the entire tract to be shown on one sheet and shall show or include the following information:
1. 
A key map showing the location and approximate area of the subdivision in relation to a portion of the Township shown at a scale of approximately 2,000 feet to the inch.
2. 
A map of the entire tract(s) of land being subdivided showing all existing and proposed property lines, tax map sheet number, block number and lot numbers, easements, rights-of-way, street names, power lines, structures, streams, drainage facilities and wooded areas within the area of the entire tract and present owners of all adjacent properties within 200 feet thereof.
3. 
All streets and streams within 500 feet of the subdivisions.
4. 
Marshes, ponds, streams and land subject to flooding in the subdivision and within 200 feet thereof where the application is for a minor subdivision.
5. 
A title block giving the name of the subdivision, the present owner of the land, name and license number of person who prepared the map, scale of the map, north arrow, proposed number of dwelling units and type, if any, and space for the signatures of the secretary of the Planning Board, the Mayor, and the Township Clerk.
6. 
All plats shall conform to the requirements of the Township zoning ordinance.
d. 
Submission of Preliminary Plat. Purpose for Submission of Preliminary Plat. The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board. They show the specific design of the subdivision and its public improvements so that the Planning Board may review and approve a detailed design for an entire tract.
e. 
Procedures for Submitting Preliminary Plat.
1. 
A preliminary plat shall be submitted to the secretary of the Planning Board at least two weeks prior to the Planning Board meeting at which consideration is desired. It shall be submitted in at least eight blue or black on white prints and shall be accompanied by six completed copies of the application forms for preliminary approval.
2. 
The subdivider shall mail a notice at least 10 days prior to public hearing to all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the Township tax record. The subdivider shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the Township at least 10 days prior to the hearing. Such notices shall state the time and place of the hearing, a brief description of the property involved, a statement as to its location, a list of the maps and other documents to be considered, a summary statement of the matters to be heard and that a copy of the subdivision has been filed with the Township Clerk for public inspection. (R.S. 40:55-1.7). Proof of publication and service shall be filed with the Planning Board.
3. 
If the preliminary plat lies within 300 feet of another municipal boundary, a copy of the plat shall be sent by the Planning Board secretary to the secretary of the Planning Board of the adjoining municipality indicating whether the proposed subdivision of the Township of Belleville is in reasonable harmony with its plans for development. The secretary of the Planning Board of the adjoining community should be informed of the date of the public hearing and any communications prior to this date will be considered in relation to the approval or disapproval of the plat.
4. 
The secretary shall retain one complete set of maps and application forms of the preliminary submission for the Planning Board and one complete set of plans shall be forwarded by the secretary immediately upon receipt of the plans to the following:
(a) 
County Planning Board.
(b) 
Township Engineer.
(c) 
Building inspector.
(d) 
Planning Board of adjoining municipality where applicable.
(e) 
Such other municipal, County or State officials as directed by the Planning Board.
5. 
The Planning Board shall take formal action either approving or disapproving the preliminary plat within 60 days after the completion of a public hearing, but in no case before the expiration date of the 20 days within which the County may submit a report on the subdivision. The recommendations of the County Planning Board shall be given careful consideration in the final decision on the plat.
6. 
If the plat is disapproved, the reasons for disapproval shall be stated upon the records of the Planning Board.
7. 
If the Planning Board acts favorably on a preliminary plat, the chairman and secretary shall affix their signature to the plat with the notation that it has received tentative approval and the plat shall be referred to the Governing Body for action. The Governing Body shall act within 30 days. Its action shall be noted on the plat signed by the Mayor, and the plat shall be returned to the subdivider for compliance with final approval requirements.
8. 
A copy of this action taken by the Governing Body shall be forwarded to the Township Clerk, to the Township Planning Board and Township Engineer.
9. 
(Reserved)
10. 
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval.
(a) 
That the general terms and conditions upon which the preliminary approval was granted will not be changed.
(b) 
That the applicant may submit on or before the expiration date, the whole, or part of the plat for final approval.
f. 
Details of Preliminary Plat.
1. 
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not smaller than one inch equals 100 feet, and shall be designated in compliance with New Jersey land surveyor, or by a licensed New Jersey professional engineer. The plat shall be designed in accordance with the provisions of section VI.
2. 
The preliminary plat shall include the following information and shall show the location of the proposed site and approximate area of the subdivision in relation to the entire Township:
(a) 
Title Block.
(1) 
Name of subdivision.
(2) 
Name and address subdivider.
(3) 
Name and address of the owner of record.
(4) 
Name and address of all property owners within 200 feet of the extreme limits of the subdivision.
(5) 
Name, address and license number of the professional person who prepared the drawing.
(6) 
Acreage of tract to be subdivided to nearest tenth of an acre.
(7) 
Proposed number of dwelling units and type.
(b) 
Sufficient elevations or contours to determine the general slope and natural drainage of the land to points extending 200 feet beyond the subdivision boundary and tentative cross-section and center line profiles for all proposed new streets. (See section VI(i), VI(z).
(c) 
North Arrow.
(d) 
Subdivision boundary line (heavy solid line).
(e) 
The location of existing water courses and any natural features such as wooded areas, rock formations to the proper scales both within the proposed site and within 200 feet of its boundary. Trees with a caliber of six inches or more which are located within the proposed site shall be indicated.
g. 
Street rights-of-way of subdivision and within 200 feet of its boundaries:
1. 
Name of each street.
2. 
Location and width.
3. 
Centerline elevation at intersections and other critical points.
4. 
Typical cross sections and centerline profiles for all proposed new streets.
h. 
Other rights-of-way and easements on the subdivision and within 200 feet of its boundaries:
1. 
Identification and description.
2. 
Location and width.
3. 
Restrictions of use, if any.
i. 
Other rights-of-way and easements on the subdivision and within 200 feet of its boundaries.
1. 
Identification and description.
2. 
Location and width.
3. 
Restrictions of use, if any.
j. 
Drainage, structures on the subdivision and within 200 feet of its boundaries.
1. 
Types of structures.
2. 
Location, invert elevations, gradients and sizes of all pipe and of all other structures where applicable.
k. 
The location of other utility structures such as water lines and sewers on the subdivision and within 200 feet of its boundaries.
l. 
Marshes, ponds, streams and land subject to periodic flooding in the subdivision and within 200 feet of its boundaries showing the location and area covered and indicating apparent high water level.
m. 
Lot Layout.
1. 
Lot lines and dimensions of each lot to be nearest foot.
2. 
Building setback lines (dashed) and their dimensions from the street line.
3. 
Existing zoning and the boundaries thereof.
4. 
Identification of lots or parcels for land use and land to be reserved or dedicated to public use, if any.
5. 
Easements and restricted areas with the notation as to purpose on restrictions.
n. 
Buildings and other structures located on the subdivision and within 200 feet of its boundaries.
o. 
Test hole data which, however, may be omitted from the preliminary plat if the information is not yet available, but shall conform to this ordinance containing the following data and certified by the Township Engineer.
1. 
Date, location, and graphic representation of findings of all test holes including groundwater level. One test hole shall be required for each acre to be subdivided.
2. 
Locations shall include critical conditions and areas where drainage structures required seepage are to be constructed.
p. 
All plats shall conform to the requirements of the Township zoning ordinance.
q. 
Improvements or Guarantees Prior to Final Approval. Before consideration of a final subdivision plat, the subdivider shall have installed the improvements required under this chapter or, at the option of the Planning Board, shall have posted adequate performance guarantees to assure the installation of the required improvements in accordance with the provisions of this chapter.
r. 
Submission of Final Plat.
1. 
Purpose for Submission of Final Plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal become the basis for the construction of the subdivision and inspection by the Township Engineer and Planning Board. The plat itself must be recorded at the County Record's Office to have legal status.
s. 
Procedures for Submitting Final Plat.
1. 
A final plat shall be submitted by the subdivider or his agent to the Township Clerk or secretary of the Planning Board within three years from the date of approval of the preliminary plat. The final plat and all supporting drawings and documents shall be submitted to the secretary of the Planning Board at least 15 days prior to a meeting date in order to be heard at that particular meeting. The Planning Board shall act upon the final plat within 45 days after the regular meeting at which it is presented for approval.
2. 
Before making application to the Planning Board for final approval the subdivider shall carry out the following steps:
(a) 
Make all required corrections requested subject to preliminary plat approval.
(b) 
Complete six copies of an application for final approval.
(c) 
Pay the required fining fees at the Township Clerk's office.
(d) 
Obtain a general liability insurance policy and submit a copy to the Township Clerk for submission to the Township Attorney for approval as to form.
3. 
Prepare prints for distribution and filing with the following:
(a) 
County Planning Board: one copy.
(b) 
Township Engineer: one copy.
(c) 
Building Inspector: one copy.
(d) 
Township Attorney: one copy.
(e) 
Township Clerk: one copy.
(f) 
Planning Board: two copies.
4. 
The final plat shall be accompanied by a statement by the Township Engineer certifying the accuracy of the details of the plat and that he is in receipt of a map or maps showing an exact location and elevation, the water, sewer and storm sewer mains and streets identifying those portions already installed and that the subdivider has complied with one or both of the following:
(a) 
Installed all improvements in accordance with the requirements of these regulations, or
(b) 
Posted a performance guarantee with the Township Clerk in sufficient amount to assure the completion of all required improvements in accordance with the provisions of this ordinance.
5. 
The final plat shall be accompanied by letters directed to the Chairman of the Planning Board and signed by a reasonable official of the water company, government authority or district which provides water, sewer or storm sewer service that has jurisdiction in the area approving each proposed utility installation design and stating who will construct the facility so that service will be available when required in conformity with the provisions of the filed rate schedule.
6. 
Submission of the final plat shall include deeds of dedication three copies each for all properties including any street rights-of-way which might be offered to the Township for dedication.
7. 
If the Planning Board favorably refers a final plat to the Governing Body, a notation to that effect shall be made on three copies of the plat and shall be signed by the secretary to the Planning Board. The Governing Body shall take action no later than the second regular meeting following the referral, noting its action on the plat, and the Mayor affixing his signature thereto if the action is favorable.
8. 
Failure of the Planning Board to act within 45 days or a mutually agreed upon extension and failure of the Governing Body to act not later than the second regular meeting after the Planning Board has made a favorable referral or approval as the case may be and the Township Clerk shall issue a certificate to that effect.
9. 
The final plat, after final approval by the Governing Body shall be filed by the subdivider with the County Recording Officer within 90 days from date of such approval. No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Governing Body and signed by the Mayor. If any final plat is not filed within this period, the approval shall expire.
10. 
Expiration of approval shall mean the previous approval by the Governing Body is null and void and, in order to obtain a reapproval, a new filing fee as well as a review of all previous findings must be conducted.
11. 
Upon application by the subdivider showing good cause, the Planning Board may make a reasonable extension of the time within which the subdivider must file with the County Recording Officer provided, however, that the plat be revised according to any change in regulations or ordinances applicable to the plat subsequent to the original time period of 90 days of the extended period of time.
12. 
If any person shall be aggrieved by the action of the Planning Board appeal in writing to the Governing Body may be taken within 10 days after the date of action of the Planning Board. A hearing thereon shall be had on notice to all parties in interest who shall be afforded an opportunity to be heard. After such hearing the Governing Body 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 Governing Body, and the applying party shall be given a copy.
t. 
Details of Final Plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all the requirements for filing a map with the County Recording Officer. The final plat shall show or be accompanied by the same information required for preliminary approval in addition to the following:
1. 
Each block and lot shall be numbered in conformity to existing tax map procedures.
2. 
The building address number for each proposed building lot of the subdivision in accordance with existing Township of Belleville building address numbering requirements and regulations and based on the width of the lots of the subdivision as required by the zoning ordinance of the Township of Belleville.
3. 
Bearing or deflection angles and radii arc and center angles of all curves.
4. 
Proposed final contours at two foot intervals extending 200 feet beyond the boundary of the subdivision.
5. 
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement for the dedication of streets, alleys, easements and other rights-of-way and any lands for public uses.
6. 
Certification from the tax collector that all taxes are paid to date.
7. 
At least one corner of the subdivision shall be tied to U.S.G. benchmark with data on the plat as to how the bearings were determined. Monuments, lot corners and other survey points shall be located and described.
8. 
When approval of plat is required by an officer or body of the County and State, approval shall be certified on that plat.
9. 
When percolation tests have not been made and shown on the preliminary plat for each acre, they shall be submitted for each acre at this stage in accordance with the provisions of this chapter.
10. 
Public improvement and utility plans for profiles are declared an integral part of the final plat submission and along with the final plat itself, this subdivision ordinance and the Township specifications for public improvement shall be the basis for the performance guarantee.
(a) 
Unless a specific waiver is requested in writing by the applicant to the Planning Board to be considered at a meeting at which the presence of the Township Engineer in an advisory capacity shall be required, the proposed public improvements and utilities shall be considered to be required to comply specifically with these subdivision regulations and the Township specifications.
(b) 
The public improvements and utility plans shall include:
The same area with the same scale and title block as required on the preliminary plat.
[Ord. #2715 § I]
a. 
When Required. Site plan review and approval shall be required from the Planning Board for all land development, improvement, rehabilitation, alteration or change in use for any residential, institutional, commercial, industrial development involving an enlargement of an area 750 square feet or more and/or the rehabilitation of 2,500 square feet or more of building area or any vehicular parking or storage lot development in excess of 10 or more vehicles or surface area of 3,500 square feet or more proposed by any private developer or public agency or authority. Approval of the site plan shall be obtained prior to the commencement of any excavations, compactions, removal of soil, clearing of a site, construction or demolition or placing of any fill material on lands contemplated for development. Site plan approval is a prerequisite to the issuance of a building permit. No certificate of occupancy shall be issued unless all construction and development conforms to the plans as approved by the reviewing board. In circumstances where the areas are less than the above and where there might involve substantial changes in such matters as traffic, access and parking, lighting, safety and buffer requirements, the director of planning shall review the proposed development to determine if application to the Planning Board is required, regardless of whether a proposed use is permitted.
b. 
Exceptions. Site plan review will not be required for the construction of a single detached one- or two-family home which are not part of a planned unit development, adjacent to a lot or lots to be developed or constructed for a similar use within a period of one year of the date of a certificate of occupancy.
[Ord. #1949]
[Ord. #1949 § 6]
a. 
Subdivisions shall be served by paved public streets and all new streets shall be graded and provided with an all weather base and pavement with an adequate crown in keeping with Township specifications and standards.
b. 
The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing mapped or potential streets.
c. 
No subdivision showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Governing Body after recommendation by the Planning Board.
d. 
Subdivisions that adjoin or include streets that do not conform to widths as shown on the master plan, official map or the street width requirements of this chapter, shall dedicate additional width along one or both sides of the road. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.
e. 
The right-of-way widths shall be measured from lot line to lot line. Right-of-way width and pavement shall not be less than the following unless indicated as such on the master plan or official map.
Right-of-Way
Pavement Width
1.
Major and secondary arterial streets
80 feet
64 feet
2.
Collector streets
60 feet
40 feet
3.
Minor streets
50 feet
36 feet
4.
Limited service streets
35 feet
28 feet
f. 
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standard set forth by the Township, County or State engineers when the paving concerns roads under their jurisdiction and where such standards exist. Roads specifically serving industrial areas shall adhere to Township standards designed for the development of industrial uses and shall be sufficient to handle voluminous traffic and heavy trucking.
g. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point and the centerline of both intersecting streets shall pass through a common point, measuring from this common point, two intersections shall be spaced at a minimum of 150 feet. The block corners at intersections shall be rounded at the curb lines with a curve having a radius of not less than 20 feet high shall be permitted within 25 feet of any intersection.
h. 
Where streets have a reverse curve, a tangent of at least 100 feet in length shall be required.
i. 
No street shall have a minimum grade of less than 3/4 of 1%, which shall be defined to mean a vertical rise of 75 feet for each 100 feet of horizontal distance. No street shall have a minimum grade of more than 8%, which shall be defined to mean a vertical rise of eight feet for each 100 feet of horizontal distance.
j. 
All changes in grade where the grade is 1% or greater where the grade is 1% or greater shall be corrected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance, but not so great as to create drainage problems. Sight distance shall be at least:
1. 
1,000 feet for arterial streets.
2. 
750 feet for collector streets.
3. 
500 feet for minor streets.
k. 
Lot dimensions and area shall not be less than the requirements of the zoning ordinance of the and insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
l. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line and all setbacks shall be measured from such new line.
m. 
Where the property to be subdivided is next to or includes a railroad right-of-way, such as road crossings, screening provisions shall be made or buffer strips, freight access, warning signals and signs in recognition of the relationship between the railroad and the subdivision.
n. 
Subdivisions abutting major or secondary 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 the Planning Board may determine appropriate. Minor streets shall not intersect collector streets at intervals more frequent than 500 feet whenever practical in the opinion of the Planning Board.
o. 
Curbing, gutters and catch basins shall be provided along all streets in accordance with the road and sidewalk construction ordinance of the Township.
p. 
Curbs, gutters and catch basins shall be adequate to handle the maximum water runoff from tributary lands.
q. 
Sidewalks shall be provided along one side of all limited service streets and along both sides of all other streets in accordance with the road and sidewalk construction ordinance of the Township.
r. 
All sidewalks shall be located a minimum of one foot within the street right-of-way.
s. 
All sidewalks shall have a minimum slope of 1/4 inch per foot toward the gutter.
t. 
Shade Trees and Planting Strips. The planting of shade trees shall be provided in all residential subdivisions and in subdivisions of other kinds where deemed appropriate by the Planning Board. Trees shall be planted along both sides of the street at intervals of not more than 40 feet and in types, sizes and locations conducive to health growth, and according to any standards adopted by the Township Shade Tree Commission so as not to interfere with street paving, sidewalks or utilities and shall not be located within street rights-of-way.
u. 
All trees should be of nursery stock of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.
v. 
All planting shall be done to conform with good nursery landscape practice.
w. 
All planting strips within street rights-of-way shall be finished grades, properly prepared and seeded or sodded with lawn grass in conformance with good nursery practice.
x. 
Topsoil Protection. No topsoil shall be removed from areas intended for lawn or open space. Topsoil moved during the course of construction shall be redistributed within the subdivision so as to provide cover to all areas of the subdivision and shall be stabilized by seeding or planting.
y. 
Drainage System. A preliminary grading and drainage system plan shall be a part of the preliminary plat. It shall indicate in general terms a proposal for an adequate system of drainage structures to carry off and store or discharge the storm water runoff and natural drainage water which originates not only within the property boundaries but also that which originates beyond the property boundaries.
z. 
The public improvement and utilities plans and profiles shall show the final drainage plan and street profiles. They shall be prepared and submitted with the final plat after the approval of the preliminary plat and drainage plan.
aa. 
No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
bb. 
Monuments shall be installed in compliance with the requirements of R.S. 46:23-9.11(g).
cc. 
A ditch or brook right-of-way shall be offered for dedication to the Township for drainage purposes. Such right-of-way shall be shown on the drainage plan and on the final plat and shall be of sufficient width to include 10 feet access strip in addition to the width of the ditch or brook as measured from bank top to bank top.
dd. 
Where a subdivision is traversed by a watercourse, drainage way, channel, or street, there shall be provided a storm 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.
ee. 
Land subject to periodic or occasional flooding shall not be plotted for residential occupancy nor for any other use which may endanger life or property or aggravate the flood hazard.
ff. 
In large scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments concerned.
gg. 
All public water, fire hydrants, storm sewer and sanitary sewer mains should be installed in accordance with the specifications of the governmental authority or district which has jurisdiction in the area.
hh. 
A letter approving such a proposed installation and a statement as to who will carry out the construction, signed by a responsible official in the area, shall be directed to the chairman of the Planning Board and shall be received prior to favorably referring the final plat.
ii. 
Specification for Underground Wiring. In all major subdivisions the developer shall, with the approval of the Township Engineer, arrange with the local electric and telephone utilities for the installation of utilities' electric distribution supply facilities and telephone line underground in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff and electric and telephone service as the same as the time are on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board a copy of the written instrument from such utility evidencing compliance with this provision.
jj. 
A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Such features may well be suggested for park and recreation sites.
On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape treatment of the development.
kk. 
Performance guarantees may be required to complete improvements to lands to be deeded to the Township under planned residential developments.
ll. 
Land Uses. Proposed land uses shall conform to the zoning ordinance of the Town, master plan, if adopted, the official map and the provisions of this chapter.
mm. 
Subdivision designs shall indicate consideration for suitable protection of different types of land uses and the segregation of the vehicular and pedestrian traffic incompatible with particular uses.
nn. 
Requirements for Certificate of Occupancy for a Lot Within a Major Subdivision:
1. 
No dwelling shall be deemed habitable nor shall a Certificate of Occupancy for any lot within a major subdivision be issued until the Township Engineer certifies that the following improvements are installed, as shown on the approved final plat and accompanying supplementary documentation and specifications, in that area or portion of the subdivision for which final approval has been granted as the improvements relate to the health, welfare and safety of the occupants of the dwelling for which the certificate is sought. The following improvements are deemed minimal for the purpose of determining habitability:
(a) 
Utilities: All utilities including but not limited to water, gas, storm, drains, sanitary sewers, electric lines and telephone lines shall be installed.
(b) 
Grading: All street rights-of-way shall be graded and maintained including required plantings.
(c) 
Curbing: Curbing along all streets shall be installed.
(d) 
Sidewalks: Sidewalks, as required, shall be installed.
(e) 
Street Base: The base material for all streets shall be installed.
(f) 
Roadway Obstructions: All exposed obstruction in the roadway such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposure with bituminous concrete as approved by the Township Engineer.
(g) 
Street Lights: Street lights in vicinity of subject premises shall be installed.
2. 
The owner or subdivider shall have the right to make application to the Governing Body with respect to the temporary waiver of one or more of the aforesaid improvements, which application shall be made in writing addressed to the Township Council. The Township Council may, at its discretion, allow the owner or subdivider an opportunity to be heard in respect to such application at a time and date to be set by the Township Council. The Township Engineer shall, within five days of receipt of the request of the Township Council, report his findings in respect to the application of the owner or subdivider for a Certificate or Certificates of Occupancy to the Township Council. In the event that the Township Council approves the issuance of a Certificate of Occupancy without the installation of all of the required improvements, pursuant to the application of the owner or subdivider, the building inspector shall be notified thereof, and a time period shall be fixed for the installation of the improvements. The Governing Body for good cause shown may waive any of the above requirements except those contained in (a) above.
[Ord. #1949]
[Ord. #1949 § 7]
a. 
A performance guarantee estimate shall be prepared by the Township Engineer setting forth all requirements for improvements as fixed by the Planning Board, and their estimated cost. The Governing Body shall pass a resolution either approving or adjusting this performance guarantee estimate and shall provide a copy of the performance guarantee estimate and resolution to the subdivider for use in obtaining and posting a performance guarantee.
b. 
The approved performance guarantee estimate shall fix the requirements of maintenance of the utilities and improvements to be installed and completed by the subdivider. A surety company or cash bond meeting the requirements herein above set forth may be furnished to secure the maintenance guarantee or the performance bond may be styled or amended to provide such security in reduced amount in keeping with the requirements.
c. 
Approval by Township Attorney. The subdivider shall present two copies of the performance guarantee in an amount equal to the amount of the approved performance guarantee estimate for approval as to form and execution by the Township Attorney.
d. 
The Township Attorney shall notify the secretary of the Planning Board prior to the Planning Board meeting that the performance guarantee is properly executed and can be added to the agenda.
e. 
Bonding and Cash Requirements. The performance guarantee shall be the approved performance guarantee estimate, and as surety a performance bond in which the subdivider shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey, or cash, or a certified check shall be deposited with the Township of Belleville by payment to the Township Treasurer. The Township Treasurer shall issue its receipt for such cash deposits and shall cause the same to be deposited in a bank named by and at the risk of the subdivider in the name of the Township of Belleville to be retained as security for completion of all requirements and to be returned to the subdivider on completion of all required work and expiration of the period of maintenance guarantee or in the event of default on the part of the subdivider to be used by the Township of Belleville to pay the cost and expense of obtaining completion of all requirements. Every bond, whether case of surety shall contain a clause to the effect that a determination by the Township Engineer that the principal has defaulted in the performance of his obligation shall be binding and conclusive upon the surety and the principal.
f. 
10% of the amount of the approved performance estimate shall be deposited by the subdivider in cash with the Township of Belleville. The remaining 90% may be in cash or surety bond. In the event of default the 10% fund herein mentioned shall be first applied to the completion of the requirements and the cash or the surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provision. The engineer's determination that the principal has defaulted in his obligation shall be binding and conclusive upon the principal.
g. 
Inspection and Tests. All improvements and utility installations shall be inspected during the time of their installations under the supervision of the Township Engineer to insure satisfactory completion.
h. 
In no case shall any paving work (including prime and seal coats) be done without permission from the Township Engineer prior to any such construction so that a representative of the Township Engineer's office may be present at the time the work is to be done.
i. 
The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work:
1. 
Road subgrade.
2. 
Curb and gutter forms.
3. 
Curbs and gutters.
4. 
Road paving - after each cost in the case of priming and sealing.
5. 
Sidewalk forms.
6. 
Sidewalks.
7. 
Drainage pipes and other drainage structures before back filling.
8. 
Shade trees and planting strips.
9. 
Street name signs.
10. 
Street lighting.
11. 
Sanitary sewers.
12. 
Monuments.
j. 
A final inspection of all improvements and utilities will be made to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance guarantee covering such improvements and utilities.
k. 
Inspection by the Township of Belleville of the installation of improvements and utilities by the subdivider shall not operate to subject the Township of Belleville to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence, during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements upon the subdivider and contractors, if any.
l. 
After completing the construction of the public improvements covered by the performance guarantee, the subdivider shall prepare a set of the approved public improvement and utility plans and the profiles amended to read "as constructed" and apply to the Township Engineer for final inspection of the work. The Township Engineer shall report to the Governing Body on the condition of the work and recommend that the performance guarantee be released, extended or declared in default.
m. 
Release. The Governing Body shall, by resolution release or declare in default each performance guarantee. Such performance guarantee shall run for a period to be fixed by the Governing Body, but in no case for a term of more than three years. However, on the request of the owner and accompanying consent of the surety, if there be one, the Governing Body may by resolution extend the term of such performance for an additional period not to exceed three years. The amount of the performance guarantee may be reduced by the Governing Body by resolution when portions of the required improvements have been installed and have been inspected and approved by the Township Engineer. If any improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof, the Township shall install such improvements. The Township shall also have all other remedies as may be lawfully available.
n. 
Maintenance Guarantee. After completing the construction of the public improvements as required under this chapter, and prior to the acceptance of any streets by the Township of Belleville for maintenance, the subdivision owner shall file with the municipality a guarantee in the form of a surety bond that all streets will remain in a satisfactory condition for a period of two years. The amount of such guarantee shall be established by the Governing Body acting on the advice of the Township Engineer and the form thereof shall be approved by the Township Attorney.
[Ord. #1949]
[Ord. #1949 § 8]
a. 
The subdivider shall file with the Governing Body a comprehensive general liability insurance policy at the same time as he files his performance guarantee. The Township Attorney shall approve the policy for form. The policy shall be of the same term as the performance guarantee and shall be extended in conformance with any extension of the performance guarantee.
b. 
Coverage. The policy shall insure the Township of Belleville and the subdivider and shall cover all operations in the development involving existence and maintenance of property and building and contracting operations of every nature including all public improvements. The policy shall have limits of liability of $500,000 for bodily injury to each person and $1,000,000 liability on the aggregate, for each accident, and property liability of $100,000 for each accident and $200,000 aggregate property damage liability.
[Ord. #1949 § 9]
The administration of the rules, regulations and standards of this ordinance by the Planning Board and Governing Body shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Belleville. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one of more of these regulations is impractical or will exact undue hardship, the Planning Board may recommend such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter only.