This chapter shall be known as the "Harmony
Township Land Subdivision Ordinance of 1979."
The Township Committee of Harmony declares that
these rules, regulations and standards for guiding the subdivision
of land for various purposes have been promulgated to provide for
the orderly growth and coordinated development of the Township of
Harmony and to assure and promote the comfort, convenience, safety,
public health and general welfare of its people and, further, that
the approval of such subdivisions shall be administered in accordance
with the following considerations:
B.
Recognition of
a desirable relationship to the general land form, its topographic
and geologic character, to natural drainage and surface water runoff
and to the groundwater table.
C.
Recognition of
desirable standards of subdivision design, including adequate provision
for pedestrian and vehicular traffic, for surface water runoff and
for suitable building sites for the land use contemplated.
D.
Provision for
such facilities as are desirable adjuncts to the contemplated use,
such as parks, recreation areas, school sites, fire houses and off-street
parking.
E.
Preservation of
such natural assets as ponds, streams, shrubs and trees.
F.
Provision of adequate
utilities services and circulation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of this chapter shall be administered
by the Land Use Board of the Township of Harmony in accordance with
N.J.S.A. 40:55D-1 et seq., its amendments and supplements thereto.
A.
In interpreting
and applying the provisions of this chapter, they shall be held to
the minimum requirements adopted for the promotion of the public health,
safety, morals, convenience and general welfare.
B.
Where the provisions
of this chapter impose greater restrictions or higher standards than
those of any statute, other ordinance or regulation, the provisions
of this chapter shall govern. Where the provisions of any statute,
other ordinances or regulations impose greater restrictions or higher
standards than this chapter, the provisions of such statute, ordinance
or regulation shall govern.
For the purpose of this chapter, the terms and words listed in this section shall have the meaning herein given. Terms and words not defined herein but defined in Chapter 525, Zoning, of the Code of the Township of Harmony, shall have, for the purposes of this chapter, the meanings given them in Chapter 525 as the same now reads or may be amended. Terms and words not defined herein nor in Chapter 525 but defined in the Municipal Land Use Law,[1] shall have, for the purposes of this chapter, the meanings
given them in the Municipal Land Use Law, its amendments or supplements
thereto. Terms and words not defined in any of the foregoing sources
shall be the meanings established by common usage of the words unless
the context herein clearly indicates the contrary.
For the purpose of certification of lists pursuant to N.J.S.A.
40:55D-12, the Tax Assessor of the Township of Harmony, and shall
mean the Harmony Township Engineer for all other purposes related
to the administration of the within chapter, including, but not limited
to, the certification of the completeness of an application for development.
The Land Use Board of Harmony Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An application form completed as specified by ordinance and
the rules and regulations of the Board, and all accompanying documents
required by ordinance for approval of the application or subdivision
plat, provided that the Board may require such additional information
not specified in the ordinance or any revision in the accompanying
documents as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revisions
in the accompanying documents so required by the Board. An application
shall be certified as complete immediately upon the meeting of all
requirements specified in the ordinance and in the rules and regulations
of the Board and shall be deemed complete as of the day it is so certified
by the Administrative Officer for purposes of the commencement of
the time period for action by the Board.
A right-way dedicated to public use, to facilitate pedestrian
access through a subdivision.
A short dead-end street terminating in a vehicular turnaround
area.
The lands required for the installation of stormwater sewers or drainage ditches or 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 Chapter 1 of Title 58 of the New Jersey Revised Statutes.[2]
A restriction established in a lot to permit the use of land
by the public, a corporation or particular persons for specified uses.
A plan or plans prepared subsequent to preliminary plat approval conforming to the requirements of § 425-14.
The unit into which land is divided on a subdivision plat
or deed, 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. "Lot" shall also mean "parcel," "plot," "site"
or any similar term.
Any security which may be accepted under N.J.S.A. 40:55D-53,
its amendments and supplements thereto, for the maintenance of any
improvements required.
A composite of one or more written or graphic proposals for
the development of Harmony Township as set forth pursuant to N.J.S.A.
40:55D-28, its amendments and supplements thereto.
The Official Map as adopted by the Township of Harmony pursuant
to Article 5 of N.J.S.A. 40:55D-1 et seq., is amendments and supplements
thereto.
The final map or maps for a portion or all of a subdivision previously shown on an approved preliminary plan, drawn and submitted in accordance with the requirements of § 425-15.
The sketch map or maps of a proposed subdivision, sufficiently accurate for subdivision, discussion and classification in accordance with the requirements of § 425-12.
Any security which may be accepted under N.J.S.A. 40:55D-53,
its amendments and supplements thereto in lieu of a requirement that
certain improvements be made before the Land Use Board approves the
plat, including performance bonds, escrow agreements, cash not to
exceed 10% of the total performance guaranty and other similar collateral
or surety agreements.
Any street, avenue, boulevard, road, parkway,
viaduct, drive or other way:
Which is an existing state, county or Township
roadway.
Which is shown upon a plat heretofore approved
pursuant to law.
Which is approved by official action.
Which is on a plat duly filed and recorded in
the office of the County Clerk prior to the appointment of a Land
Use Board and the grant to such Board of power to review plats.
The term "street" includes the land between
street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, curbs, sidewalks, parking areas and other areas
within the street lines.
For the purpose of this chapter, Township-owned
"streets" shall be classified as follows:
COLLECTORS, MAJORStreets which
carry traffic that is intracounty or intramunicipal in nature. Such
streets connect minor collectors with arterials and highways.
COLLECTORS, MINORStreets which
provide service to and within subdivisions. Such streets connect the
local streets with the major collectors or other minor collectors
and may provide vehicular and pedestrian access to abutting properties.
LOCAL STREETSStreets which provide
vehicular and pedestrian access to abutting properties. Such streets
connect with minor collectors. Local streets constitute all streets
not otherwise classified. Local Streets shall be classified into two
classifications:
Class I shall include all streets labeled as
local street, except those classified as Class II.
Class II. To be classified as a Class II local
street, it must meet the following conditions:
Be exclusively for residential purposes;
Be a cul-de-sac, loop street or place, as defined in § 425-22A, provided that said place does not, in the opinion of the Land Use Board, function to convey vehicular traffic between two Class I streets or a Class I and a Class II street which would necessitate it being classified Class I;
Be in a zone requiring a minimum of 225 feet
of street frontage;
Have front yard setbacks either by zone requirements
or by covenant of at least 75 feet;
By covenant restrict all parking of vehicles
owned or operated by permanent or temporary residents of the residence
to be parked on the lot; and
Provide a minimum of four parking spaces (including
garages; excluding driveways) on each lot.
ALLEYA minor way which is used
primarily for vehicular service access to the rear or side of properties
otherwise abutting on a street.
SUITABLE IMPROVED EXISTING STREETSStreets which have been improved to the satisfaction of the Township
Engineer so as to be suitable for access by all vehicles, including
fire and other emergency equipment, in all weather conditions and
shall include a requirement that the perpetual maintenance of said
street is in some way provided for.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other division of land for
sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Land Use Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size, provided that the Land Use Board shall require suitable
proofs that said division is for agricultural purposes only and may
impose suitable limitations and controls with respect to the use thereof
for erection of any structure of a nonagricultural type.
Divisions of property by testamentary of intestate
provision, provided that said resulting parcels can be clearly recognized
and defined if divided by testamentary instrument.
Divisions of property upon court order, including
but not limited to, judgments of foreclosure, provided that the Board
shall have found and satisfied that the purpose of the parties and/or
the applicant in obtaining the court-ordered division was not to circumvent
the procedures established and provided by this chapter for the subdivision
of lands.
Consolidation of existing lots by deed or other
recorded instrument.
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 Harmony Township Zoning and
Subdivision Ordinances and are shown and designated as separate lots,
tracts or parcels on the Harmony Township Tax Map.
"Subdivision" also includes resubdivision and,
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
A committee of at least three Land Use 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 subdivisions as may be delegated
by the Board.
All subdivisions not classified as minor subdivisions.
Shall mean any subdivision of land that does not involve:
The creation of more than three new lots, plus
a remainder for a total of four lots fronting on a suitably improved
existing street within a five-year period.
A planned development.
Any new street or the extension of Township
facilities.
The extension of any off-tract improvement, the cost of which is to be prorated pursuant to Chapter 254, Improvements, Off-Tract, of the Code of the Township of Harmony.
An adverse effect on the development of the
remainder of the parcel or adjoining property.
A conflict with any provisions or portion of
the Master Plan, Official Map, Zoning Ordinance or this chapter.
An effect on development of the remainder of
the parcel or adjoining property.
A conflict with any provision or portion of
the Master Plan, Official Map, Zoning Ordinance or this chapter.
