This chapter shall be known as the "Land Subdivision
and Site Plan Ordinance of the Borough of Allendale."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and the development
of land in the Borough in order to promote its public health, safety,
convenience and general welfare. It shall be administered to ensure
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
As authorized by N.J.S.A. 40:55D-37, the provisions
of this chapter shall be administered by the Planning Board; provided,
however, that whenever, pursuant to law or ordinance, the Board of
Adjustment has jurisdiction to grant the plan or subdivision approval,
then the applicable provisions of this chapter shall be administered
by the Board of Adjustment.
This chapter shall not be construed to repeal
the Zoning Ordinance or any part thereof. All other ordinances which
are inconsistent with the provisions of this chapter shall be deemed
superseded to the extent of such inconsistency.
The rules, regulations and standards contained
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. 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 site plan applicant 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.