[Ord. No. 642; readopted
by Ord. No. 2020-1235]
This Ordinance shall be known and may be cited as the Land Development
Ordinance of the Borough of Manville.
This Ordinance is adopted pursuant to the Municipal Land Use
Law of the State of New Jersey, Chapter 291, Laws of 1975, as amended
and supplemented, and as the same may hereafter be amended and supplemented,
and is intended to encompass the primary ordinances of the Borough
of Manville relating to land development and land utilization in said
Borough, and in furtherance of the purposes expressed in said Municipal
Land Use Law, with the exception of the Zoning Ordinance of the Borough
of Manville, which is separately adopted.
For the purpose of this Ordinance, unless the context clearly
indicates a different meaning, the following definitions shall apply.
See also the "Definitions" contained in Article 3 of Chapter 31, Zoning Ordinance, of the Borough Code.
It is intended that the words used in this Ordinance shall be
defined as set forth in Sections 3, 3.1, 3.2, 3.3 and 3.4 (N.J.S.A.
40:55D-3 through 40:55D-7, both inclusive) of the Municipal Land Use
Law, as amended and supplemented, and as the same may hereafter be
amended and supplemented.
The Land Use Administrator and/or Planning Board Engineer.
Development designs, situations, or existing features on
a developer's property, or any nearby property, creating, imposing,
aggravating or leading to impractical, unsafe, unsatisfactory or non-complying
conditions such as insufficient number of shade trees; a layout inconsistent
with zoning regulations; insufficient street width; unsuitable street
grade; unsuitable street location; inconvenient street system; inadequate
utilities such as water, drainage, and sewerage; unsuitable size,
shape and location for any area reserved for public use or land for
open space in a planned development; infringement upon land designated
as subject to flooding; and the creation of conditions leading to
soil erosion from wind or water from excavation or grading, all as
set forth in N.J.S.A. 40:55D-38 and measured against the design and
performance standards of this Ordinance.
The Planning Board of the Borough of Manville, unless a different
agency is designated in the text of this Ordinance when acting pursuant
to the authority of the Municipal Land Use Law.
See Article 5, Section 30-502.
The Planning Board Chairman may appoint a committee of at
least three members of the Planning Board, for the purpose of reviewing
subdivision and site plan applications prior to action by the entire
Planning Board, to provide initial review as to whether such applications
comply with all ordinance provisions and to make recommendations to
the Planning Board for classification and action. In the event, that
no such Development Committee shall be appointed, the functions shall
be performed by the Planning Board itself. Such Development Committee
shall have no authority to act for the Board nor to bind the Board,
but is merely an initial review and recommendatory body.
"Site plan" means a development plan of one or more lots
on which is shown (1) the existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, flood plains, marshes and waterways, (2) the location of
all existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utility services,
landscaping, structures and signs, lighting, screening devices, and
(3) any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board adopted pursuant
to Article 3 (N.J.S.A. 40:55D-37 et seq.) of the Municipal Land Use
Law.
Minor Site Plan. See subsection 30-302.2b.
A triangular area abutting two intersecting streets where
vision is unobstructed. The sight triangle is formed by the intersecting
street sidelines and a line connecting a point on each sideline a
set distance from the intersection.
A street shall be defined as set forth in the Municipal Land
Use Law. Classifications of streets shall be as follows:
Arterial streets are those which are used primarily for fast
or heavy traffic.
Collector streets are those which carry traffic from minor streets
including the principal entrance streets of a residential development
and streets for circulation within such a development.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal service streets are streets which are parallel to a
adjacent to arterial streets and highways; and which provide access
to abutting properties and protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
Subdivision means the division of a lot, tract or parcel of
land into two or more lots, tracts, parcels or other divisions of
land for sale or development. The following shall not be considered
subdivisions within the meaning of this act, if no new streets are
created: (1) divisions of land found by the planning board or subdivision
committee thereof appointed by the chairman to be for agricultural
purposes where all resulting parcels are 5 acres or larger in size,
(2) divisions of property by testamentary or intestate provisions,
(3) divisions of property upon court order, including but not limited
to judgments of foreclosure, (4) consolidation of existing lots by
deed or other recorded instrument and (5) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
administrative officer to conform to the requirements of the municipal
development regulations and are shown designated as separate lots,
tracts or parcels on the tax map of atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision."
Resubdivision means (1) the further division or relocation of
lot lines of any lot or lots within a subdivision previously made
and approved or recorded according to law or (2) the alteration of
any streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
Minor Subdivision. A subdivision of land that does not involve
(1) the creation of more than 2 lots, including the remainder of the
original lot; (2) planned development as defined in the Municipal
Land Use Law; (3) any new street; or (4) extension of any off-tract
improvement, the cost of which is to be prorated pursuant to Section
30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42).
All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards in Article 7 and requirements of Chapter 31, Zoning Ordinance, and conditions imposed by the Approving Authority as shown on the approved plat and/or included in the resolution adopted by the Approving Authority.
No Zoning Permit, Construction Permit, or Certificate of Occupancy (See Article 12 of Chapter 31, Zoning Ordinance) shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this Ordinance or for use of a lot which was created by subdivision after the effective date of, and not in conformity with the provisions of this Ordinance. No site improvements such as, but not limited to, excavation or construction of public or private improvements shall be commenced except in conformance with this Ordinance in accordance with plat approvals and the issuance of required permits. No Certificate of Occupancy shall be issued where improvements required under site plan review have not been completed.
The Approving Authority, when acting upon applications for preliminary
or minor subdivision approval, and preliminary site plan approval,
shall have the power to grant such exceptions from the Design and
Performance Standards in Article 7 of this Ordinance as may be reasonable
and within the general purpose and intent of the provisions for subdivision/site
plan review and approval, If the literal enforcement of one or more
provisions of this Ordinance is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question.
Except for plats submitted under the Informal Discussion provisions of Article 5, and sketch plats of minor subdivisions and minor site plans, all plans, plats and drawings, and all studies and certifications which require a particular expertise, shall be prepared by a person licensed by the State of New Jersey to perform the particular work so presented or certified, and shall bear the seal of such person. See, for example, Sections 30-308.1, 30-309.1, 30-309.4, 30-603.4, and 30-707.
Where specific data is called for in this Ordinance relating to a public utility installation, such as location cross-sections, circuit arrangement, system flow, and the like, and the public utility involved in electric, gas, water or communications, due consideration shall be given to Board of Public Utility guidelines as to proprietary interests of such public utilities concerning system security and public safety. Information as required by this Ordinance (i.e., Sections 30-307.1d; 30-308.3f, h; and 30-308.5) is for general purpose relating to land development as expressed in the Municipal Land Use Law. Additional information as required by the Borough Engineer for review and approval of construction plans of a developer, which the public utility does not furnish directly to the developer, may be discussed with an provided by the public utility to the Borough Engineer.
