[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; amended 10-13-2020 by Ord. No. 3598]
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 be another name for the Planning Board
Site Plan Subcommittee consisting of the Construction Official, Zoning
Official, Township Engineer, Township Planner, and Planning Board
Chairman or a Planning Board member designated by the Chairman and
one Class 4 member of the Planning Board. The Planning Board Secretary
shall be present at the Planning Board Subcommittee meetings to record
and distribute meeting minutes.
[Amended 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644]
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:
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:
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.
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.
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.
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.
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:
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:
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.
