This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of The Borough of Norwood."
It is the intent and purpose of this chapter:
A. Promote orderly development. To protect the character
and maintain the stability of all areas within the borough and to
promote the orderly and beneficial development of such areas.
B. Promulgate rules and procedures. To provide rules,
regulations and procedures to guide the appropriate development of
lands within the borough in a manner which will promote the public
health, safety, morals and general welfare.
C. Location and design of streets. To encourage the location
and design of streets and roadways which will promote the free flow
of traffic while discouraging the location of such facilities and
routes which will result in congestion or hazardous conditions, for
vehicular and pedestrian traffic.
D. Prevent overcrowding. To provide adequate light, air
and open space.
E. Secure safety from hazards. To secure safety from
fire, flood, panic and other natural and man-made disasters.
F. Limit congestion. To limit congestion in the public
streets and so protect the public health, safety, convenience and
the general welfare by providing for off-street parking of motor vehicles
and for the loading and unloading of vehicles.
G. Promote appropriate densities. To promote the establishment
of appropriate population densities and concentrations that will contribute
to the well-being of persons, neighborhoods, communities and regions
and preservation of the environment.
H. Provide sufficient space. To provide sufficient space
in appropriate locations for a variety of agricultural, residential,
recreational, commercial and industrial uses and open space, both
public and private, according to their respective environmental requirements
in order to meet the needs of all New Jersey citizens.
I. Creation development techniques. To promote a desirable
visual and aesthetic environment through creative development techniques
and good civic design and arrangements.
J. Efficient use of land. To encourage coordination of
the various public and private procedures and activities shaping land
development with a view of lessening the cost of such development
and to the more efficient use of land.
K. Promote conservation of open space. To promote the
conservation of open space and valuable natural resources and to prevent
urban sprawl and degradation of the environment through improper use
of land.
L. Reduce hazards in steep-sloping areas. To reduce the
hazards which exist in steep-sloping areas by reason of erosion, siltation,
flooding, surface water runoff, pollution of water supplies from point
and nonpoint sources.
M. Preserve water supply. To preserve and protect the
quality and quantity of ground- and surface water supply from pollution
and diminution of their safe yield.
N. Protect from inappropriate development. To preserve
and protect areas of high water table, floodway and flood hazard areas
from inappropriate development.
O. Preserve in natural state. To preserve streams, watercourses
and wetlands in their natural state wherever possible.
P. Control runoff. To assure the adequacy of existing
and proposed culverts and bridges; to induce water recharge into the
ground where practical; to lessen nonpoint pollution; to maintain
the integrity of stream channels for their biological functions as
well as for drainage and the means necessary for water supply, preservation
or prevention or alleviation of flooding.
Q. Protect flood hazard areas. To preserve and protect
development within areas of high water table floodways and flood hazard
areas.
The provisions of this chapter shall be administered
by the Norwood Planning Board in accordance with Section 14 of Chapter
433 of the Laws of 1953.
As used in this chapter, the following terms
shall have the meanings indicated:
DETENTION BASIN
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
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 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 these regulations and which if approved shall be filed with the
proper County Recording Officer.
FLOOD HAZARD AREA
The rivers or other watercourses and adjacent land areas
subject to inundation of the event of the design flood of a one-hundred-year-frequency
storm. These areas include the floodway and flood fringe areas as
delineated on the Flood Insurance Rate Maps and Flood Boundary Maps,
prepared by the Federal Emergency Management Agency, and as adopted
by the Borough of Norwood.
FLOODWAYS
The rivers or other watercourses and the adjacent land areas
to be reserved in order to discharge the design flood of a one-hundred-year-frequency
storm without cumulatively increasing the water surface elevation
more than 0.2 feet.
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 borough which shall have been duly
adopted by the Planning Board.
MINOR SUBDIVISION
Any subdivision containing not more than six lots fronting on an existing improved street, not involving any new street or road or the 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, Chapter
233, Zoning, or this chapter; provided, however, that a subdivision which is in conflict with the requirements of Chapter
233, Zoning, shall be considered a minor subdivision so long as it does not contain more than two lots and in all other respects complies with this section.
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 a 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 commerce 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 may be made before the Planning Board or
other approving body approves a plat, including performance bonds,
escrow agreements and other similar collateral or surety agreements.
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of Article
III, Plat Details of this chapter.
RETENTION BASIN
Those areas which exist or are created for the temporary
storage of stormwater and absorption of this water into the ground.
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 Article
III, Plat Details of this chapter.
SLOPE
The ratio or rise of land to horizontal separation of this
rise. For the purpose of this chapter, a slope shall be determined
by dividing vertical elevation difference on adjacent contour lines
by the scaled horizontal distance perpendicular to these adjacent
contour lines. For the purpose of measurement or calculation on any
map, plat, plan or other document required by the Borough of Norwood,
or any agency or Board thereof, slopes shall be measured from a topographic
map upon a scale of one inch equals 100 feet or larger.
STEEP SLOPE
A land area where at least 10% of a given site of one acre
or more has land surface gradients of 15% or greater. Steep slopes
shall also mean steep topography.
STREAM
Any natural body of water flowing continuously or intermittently,
whether designated as a stream, spring, brook, river or otherwise
and consisting of a bed, bank and water, but not including lakes or
ponds.
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:
A. Arterial streets are those which are used primarily
for fast or heavy traffic.
B. Collector streets are those which carry 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 streets are those which are used primarily for
access to the abutting properties.
D. Marginal access streets are streets which are parallel
to and adjacent to arterial streets and highways and which provide
access to abutting properties and protection from through traffic.
E. 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.
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 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 at least three 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.
TREE
Any woody perennial plant with one main trunk, such trunk
having a diameter of at least eight inches when measured four feet
above the level of the existing grade.
WATERCOURSE
Rivers, streams, brooks, waterways, lakes and all other bodies
of water, whether public or private, excluding piped drainage systems,
which are contained within, flow through or border on the Borough
of Norwood and which receive or conduct surface water runoff.
WETLANDS
Those areas that are inundated by surface or ground water
with a frequency sufficient to support and under normal circumstances
does or would support a prevalence of vegetative or aquatic life that
requires saturated or seasonally saturated soil condition for growth
and reproduction. Wetlands include, but are not limited to swamps,
marshes, bogs and similar areas, such as sloughs, potholes, wet meadows,
river overflow, mud flats and natural ponds. Wetlands shall include,
but not be limited to, those shown on the United States Department
of the Interior Wetland Maps or similar maps published by t e New
Jersey Department of Environmental Protection.