Article VII Subdivision Review

A key map showing the entire subdivision and its relation to surrounding areas.

The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

(a)

Name and address of record owner or owners.

(b)

Name and address of the sub-divider.

(c)

Name and address of the person who prepared the map.

Acreage of tract to be subdivided to nearest tenth of an acre.

Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and centerline profiles for all proposed new streets.

The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.

(6)

Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connection to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and shall submit results with the preliminary plat. Any subdivision or part thereof, which does not meet with the established requirements of this chapter or other applicable regulations, shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.

(7)

A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

§ 210-50.2 Final plat.

[Amended 11-4-2020 by Ord. No. 48-2020]

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 20 feet and shall be in compliance with all provisions of Chapter 358 of the Laws of 1953. The final plat shall show or be accompanied by the items listed on the following final plat checklist:

Date and name and location of the subdivision, name of the owner, graphic scale and reference meridian.

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.

The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites, other than residential, shall be noted.

Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with the number one.

Minimum building setback line on all lots and other sites.

(6)

Location and description of all monuments.

(7)

Names and owners of adjoining un-subdivided land.

(8)

Certificate by the engineer or surveyor as to the accuracy of details of the plat.

(9)

Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

(10)

When approval of a plat is required by an officer or body of such a municipality, county or state, approval shall be certified on the plat.

(11)

Cross sections and profiles of streets, approved by the Municipal Engineer, may be required to accompany the final plat.

(12)

Contours at five foot intervals for slopes averaging 10% or greater and at two foot intervals for land of lesser slopes.

(13)

Plans and profiles of storm and sanitary sewers and water mains.

§ 210-51 Review standards.

[Amended 11-4-2020 by Ord. No. 48-2020]

The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either an Official Map or Master Plan, or both, has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. All subdivisions shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare, in accordance with following design standards.

Streets.

The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

Minor streets shall be so designed as to discourage through traffic.

Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.

The right-of-way width shall be measured from lot line to lot line and shall not be less than the following

(a)

Arterial streets: 80 feet.

(b)

Collector streets: 60 feet.

(c)

Marginal access streets: 40 feet.

(d)

The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall, in all cases, be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

No subdivision showing reverse strips and controlling access to a street shall be approved, except where the control and disposal of land comprising such strips have been placed in the governing body under conditions approved by the Planning Board.

(6)

Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

(7)

Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.

(8)

Street intersections shall be as nearly at right angles as possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curb line with a curve having a radius of not less than 20 feet.

(9)

Street jogs with center-line offsets of less than 125 feet shall be prohibited.

(10)

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(11)

When connecting street lines deflect from each other at any one point by more than 10° and not more than 45° they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

(12)

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition.

(13)

Dead-end streets (cul-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and a tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided, and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(14)

No street shall have a name, which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by this chapter and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Board. Such walkways shall be 10 feet wide and be straight from street to street.

For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Lots.

Lot dimensions and area shall not be less than the requirements of this chapter.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Each lot must front upon an approved street at least 50 feet in width, except lots fronting on streets described in paragraphs A(4)(c) and (d) of this section.

Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

Public use and service area.

In large-scale development, 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 municipal departments concerned.

Where a subdivision is traversed by a watercourse, drainage way, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

§ 210-53 Preliminary and final approval of major subdivisions.

Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

§ 210-52 Exceptions.

[Amended 11-4-2020 by Ord. No. 48-2020]

The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of this article, if the literal enforcement of one or more provisions of this article is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.

[Amended 11-4-2020 by Ord. No. 48-2020]

Effect of preliminary approval. Preliminary approval of a major subdivision shall, except as provided in § 210-52, Exceptions, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks and lot size and yard dimensions and off-tract improvements.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section of the preliminary subdivision plat or site plan, as the case may be.

That the applicant may apply for, and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

Final approval of major subdivisions. The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).[1]

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval, and a certificate of the Secretary, as to the failure of the Board to act, shall be issued upon request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

§ 210-54 Agreements made prior to approval; penalties; civil action; liens.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by its failure to report thereon within the required time period.

[1]

[Editor's Note: See N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8.]

Effect of final approval of a major subdivision. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 210-52, Exceptions, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, except that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in this chapter, the Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this Act, the granting of final approval terminates the time period of preliminary approval.

[Amended 11-4-2020 by Ord. No. 48-2020]

If, before final subdivision approval has been granted, any person transfers or sells, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any line which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $2,000, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and set aside and invalidate any conveyance made pursuant to such a contract of sale, if a certificate of compliance has not been issued in accordance with § 210-55, Approval Certificates, below.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 210-55 Approval certificates.

[Amended 11-4-2020 by Ord. No. 48-2020]

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of this Act, may apply, in writing, to the City Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board.

Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof. Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of Chapter 291 of the Laws of New Jersey 1975.

The City Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The City Clerk shall keep a duplicate of each certificate, consecutively numbered, including a statement of the fees charged, in a binder as a permanent record of his office.

Each such certificate shall be designated a certificate as to approval of subdivision of land and shall certify:

Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of Chapter 291 of the Laws of New Jersey 1975.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.