This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the Borough of Clementon."
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Borough of Clementon in order to promote the public health, safety,
convenience and general welfare of the municipality. It shall be administered
to insure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
[Amended 2-21-2022 by Ord. No. 2022-06]
The provisions of this chapter shall be administered by the Borough of Clementon Joint Land Use Board in accordance with Chapter
5, Article
I, of the Code of the Borough of Clementon.
[Added 6-18-2013 by Ord. No. 2013-10; amended 11-12-2013 by Ord. No.
2013-16]
There is adopted by ordinance an official submission checklist
which specifies the information that must accompany all applications
for subdivision under this chapter. No application shall be deemed
complete under N.J.S.A. 40:55D-10.3 unless the requirements have been
met or waived by the Land Use Board following a waiver request by
the applicant. The Checklist is available and on file at Borough Hall.
As used in this chapter, the following terms
shall have the meanings indicated:
DRAINAGE RIGHT-OF-WAY
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 to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the New Jersey Revised Statutes.
FINAL PLAT
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with this chapter, and which if approved shall be filed with the proper
county recording officer.
LOT
A parcel or portion of land separated from other parcels
or portions by description as on a subdivision or record of survey
map or by metes and bounds for purpose of sale, lease or separate
use.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the municipality which have been duly
adopted by the Planning Board.
MINOR SUBDIVISION
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road or extension
of municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Master Plan, Official Map, Zoning
Ordinance or this chapter.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing
such adoption. Such map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks and playgrounds,
and drainage right-of-way shown thereon.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
PLAT
Means the map of a subdivision.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of §
249-10 of this chapter.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §
249-9 of this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing state, county or
municipal 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
recording officer 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 the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified as follows:
B.
COLLECTOR STREETSThat which carries traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C.
MINOR STREETThat which is used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSStreet which is parallel to and adjacent to arterial streets and highways, and which provides access to abutting properties and protection from through traffic.
E.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions 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.
SUBDIVISION COMMITTEE
A Committee of 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 such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under §
249-12 or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
The sketch plat shall be based on Tax Map information
or some other similarly accurate base at a scale (preferably not less
than 100 feet to the inch) to enable the entire tract to be shown
on one sheet and shall show or include the following information:
A. The location of that portion which is to be subdivided
in relation to the entire tract.
B. All existing structures and wooded areas within the
portion to be subdivided and within 200 feet thereof.
C. The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
D. The Tax Map sheet, block and lot numbers.
E. All streets or roads and streams within 500 feet of
the subdivision.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed (New Jersey) land surveyor or by a planner holding full or associate membership in the American Institute of Planners. The plat shall be designed in compliance with the provisions of §
249-14 of this chapter and shall show or be accompanied by the following information:
A. A key map showing the entire subdivision and its relation
to surrounding areas.
B. The tract name, Tax Map sheet, block and lot number,
date, reference meridian, graphic scale and the following names and
addresses:
(1) Name and address of record owner or owners.
(2) Name and address of the subdivider.
(3) Name and address of person who prepared map.
C. Acreage of tract to be subdivided to nearest 1/10
of an acre.
D. 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 center line profiles for all
proposed new streets.
E. 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.
F. Plans of proposed utility layouts (sewers, storm drains,
water, gas and electricity) showing feasible connections 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 submit the 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.
G. A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
The final plat shall be drawn in ink on tracing
cloth 24 inches by 36 inches in size at a scale of not less than one
inch equaling 50 feet and in compliance with all the provisions of
Chapter 358 of the Laws of 1953. The final plat shall show or be accompanied
by the following:
A. Date, name and location of the subdivision, name of
owner, graphic scale and reference meridian.
B. 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.
C. 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.
D. Each block shall be numbered, and the lots within
each block shall be numbered consecutively beginning with number one.
E. Minimum building setback line on all lots and other
sites.
F. Location and description of all monuments.
G. Names of owners of adjoining unsubdivided land.
H. Certification by engineer or surveyor as to accuracy
of details of plat.
I. Certification that the applicant is agent or owner
of the land, or that the owner has given consent under an option agreement.
J. When approval of a plat is required by any officer
or body of such a municipality, county or state, approval shall be
certified on the plat.
K. Cross sections and profiles of streets, storm and
sanitary sewers, water mains and utilities approved by the Municipal
Engineer may be required to accompany the final plat.
L. Contours shall be mapped at one-foot intervals at
a scale of one inch equals 50 feet horizontal and a scale of one inch
equals five feet vertical.
M. Certificate from Tax Collector that all taxes are
paid to date.
The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
A. General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
municipality. Where either or both an Official Map or Master Plan
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. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat
in accordance with Section 20 of Chapter 433 of the Laws of 1953 and
shall be such as to lend themselves to the harmonious development
of the municipality and enhance the public welfare in accordance with
the following design standards:
(1) Streets.
(a)
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.
(b)
Minor streets shall be so designed as to discourage
through traffic.
(c)
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.
(d)
The right-of-way width shall be measured from
lot line to lot line and shall not be less than the following:
[1]
Arterial streets: 80 feet.
[2]
Collector streets: 60 feet.
[4]
Marginal access streets: 40 feet.
[5]
The right-of-way width for internal roads and
alleys in multifamily, commercial and industrial development shall
be determined on an individual basis and shall in all cases be of
sufficient width and design to safely accommodate the maximum access
for fire-fighting equipment.
(e)
No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the governing body
under conditions approved by the Planning Board.
(f)
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.
(g)
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%.
(h)
Street intersections shall be as nearly at right
angles as is possible and in no case shall be less than 60º.
The block corners at intersections shall be rounded at the curb line
with a curve having a radius of not less than 20 feet.
(i)
Street jogs with center line offsets of less
than 125 feet shall be prohibited.
(j)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(k)
When connecting street lines deflect from each
other at any one point by more than 10º and not more than 45º,
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.
(l)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(m)
Dead-end streets (culs-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 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.
(n)
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.
(2) Blocks.
(a)
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the Zoning Ordinance and to provide for convenient access, circulation control
and safety of street traffic.
(b)
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Planning Board.
Such walkway shall be 10 feet wide and be straight from street to
street.
(c)
For commercial, group housing or industrial
use, block size shall be sufficient to meet all area and yard requirements
for such use.
(3) Lots.
(a)
Lot dimensions and area shall not be less than
the requirements of the Zoning Ordinance.
(b)
Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
(c)
Each lot must front upon an approved street
at least 50 feet in width except lots fronting on streets described
in § 249-14A(1)(d)(4) and (5).
(d)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(e)
Where there is a question as to the suitability
of a lot or lots for their intended use due to factors such as rock
formations, flood conditions or similar circumstances, the Planning
Board may, after adequate investigation, withhold approval of such
lots.
(4) Public use and service areas.
(a)
In large-scale development, easements along
rear property lines or elsewhere for utility installations may be
required. Such easements shall be at least 10 feet wide and located
in consultation with the companies or municipal departments concerned.
(b)
Where a subdivision is traversed by a watercourse,
drainageway, channel or street, there shall be provided a stormwater
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.
(c)
Natural features such as trees, brooks, hilltops
and views shall be preserved whenever possible in designing any subdivision
containing such features.
These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough of Clementon.
Any action taken by the Planning Board under the terms of this chapter
shall give primary consideration to the above-mentioned matters and
to the welfare of the entire community. However, if the subdivider
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one or more of
these regulations is impracticable or will exact undue hardship, the
Planning Board may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.