This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the Borough of Alpine."
The purpose of this chapter shall be to provide rules, regulations and
standards to guide land subdivision in the borough in order to promote the
public health, safety, convenience and general welfare. It shall be administered
to ensure the orderly growth and development, conservation, protection and
proper use of land and adequate provision for circulation, utilities and services.
[Amended by Ord. No. 273]
The provisions of this chapter shall be administered by the Borough
Planning Board, or Zoning Board of Adjustment where applicable, in accordance
with N.J.S.A. 40:55D-1 et seq., as amended and supplemented. Hereunder, where
the term "Planning Board" is used, this shall mean "Zoning Board of Adjustment"
where such Board has jurisdiction.
[Amended by Ord. No. 273; Ord. No. 279; Ord. No. 304]
As used in this chapter, the following terms shall have the meanings
indicated:
BLOCK
An area bounded by streets.
CLEAR SIGHT DISTANCE
A line of unobstructed vision from a point 4 1/2 feet above
the center line of a street alley to the nearest point on the top of an object
four inches high on the same center line.
DRAINAGE RIGHT-OF-WAY
The lands required for 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 N.J.S.A. 58:1.
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 borough which shall have been duly adopted by
the Planning Board.
MINOR OR SIMPLE SUBDIVISION
Any subdivision containing no more than two lots fronting on an existing street not involving a planned development, any new street or road, or the extension of any off-tract improvement, the cost of which is to be prorated, pursuant to N.J.S.A. 40:55D-42, 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
220, Zoning, or this chapter. No more than one minor subdivision shall be allowed on the same original property per two-year period.
MINOR SUBDIVISION PLAT
The final map of a minor subdivision which is presented to the Planning
Board for approval in accordance with these regulations and which, if approved,
shall be filed with the proper county recording officer.
OFF-SITE
Located outside the lot lines of the lot in question, but within
the property of which the lot is a part, which is the subject of a development
application or contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENTS
Water, sewer, drainage and street improvements serving a proposed
subdivision or development, not located on the property of the subdivision
or development, nor on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation
having title in land.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement that
certain improvements 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 Clerk for Planning Board consideration and tentative approval and meeting the requirements of §
195-6 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 on 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 including
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 STREETSThose which carry traffic from minor streets to the major system of primary streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C.
MINOR STREETSThose which are used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSThose which are parallel with and adjacent to primary streets and highways, and which provide access to abutting properties and protection from through traffic.
E.
ALLEYSMinor 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 legal entity commencing proceedings under this chapter to effect
a subdivision of land for himself or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following
shall not be considered subdivisions if no new streets are created:
A.
Divisions of land found by the Planning 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.
B.
Divisions of property by testamentary or intestate provisions.
C.
Divisions of property upon court order, including but not limited to
judgments of foreclosure.
D.
Consolidation of existing lots by deed or other recorded instrument.
E.
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 Building Inspector to conform to the requirements of the borough development
regulations and are shown and designated as separate lots, tracts or parcels
on the borough tax map. The term "subdivision" shall also include the term
"resubdivision."
[Amended by Ord. No. 273]
A. Required improvements. After the granting of conditional
approval of the final plat, but before final approval, the subdivider shall
have installed or shall have furnished performance guaranties together with
a satisfactory time schedule for the completion of improvements in relation
to the construction and occupancy of the buildings, to which schedule the
issuance of certificates of occupancy shall be related, as follows:
(2) No topsoil shall be removed from the site or used as
spoil. Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting. The requirements of the Alpine
ordinance on topsoil removal shall be complied with.
(3) Monuments shall be of the size and shape required by
Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance
with said statute.
(4) Ordinance of the Borough of Alpine setting forth minimum
requirements for the acceptance of streets.
(6) Chapter
220, Zoning, of Alpine.
(7) Water mains, culverts, storm sewers and sanitary sewers
shall be properly connected with an approved system and shall be adequate
to handle all present and probable future development. All the above-listed
improvements shall be subject to inspection and approval by the Borough Engineer
who shall be notified by the developer at least 24 hours prior to the start
of construction. No underground installation shall be covered until inspected
and approved.
B. Performance guaranty.
(1) No final plat shall be approved by the Planning Board
until the completion of all required improvements has been certified to the
Planning Board by the Borough Engineer unless the person, firm, or corporation
responsible for the work shall furnish a performance guaranty in the amount
of 120% of the construction cost of the required improvements as estimated
by the Borough Engineer, drawn in favor of the Borough of Alpine. This performance
guaranty shall be given to ensure compliance with the specifications of the
borough, and shall also ensure the completion of the work to be undertaken.
(2) The performance guaranty may be wholly in cash or an
equivalent acceptable to the Council or the performance guaranty may consist
of a performance bond which shall be issued by a bonding or surety company
approved by the Council and in an amount equal to 120% of the estimated cost
of construction as set forth by the Borough Engineer. In addition to the surety
bond there shall be deposited with the borough cash or an acceptable equivalent
in an amount equal to 10% of the estimated construction costs. All performance
guaranties or bonds shall be subject to approval by the Borough Attorney as
to form, sufficiency and execution.
(3) The performance bond shall run for a period to be fixed
by the Planning Board, but in no case for a term of more than three years.
The time allowed for installation of the improvements for which the performance
guaranty has been provided may be extended by the Borough Council by resolution.
As a condition or as part of any such extension, the amount of any performance
guaranty shall be increased or reduced, as the case may be, to an amount not
to exceed 120% of the cost of the installation as determined at of the time
of the passage of the resolution.
(4) If the required improvements are not completed or corrected
in accordance with the performance guaranties, the obligor and surety, if
any, shall be liable thereon to the borough for the reasonable cost of the
improvements not completed or corrected, and the borough may, either prior
to or after the receipt of the proceeds thereof, complete such improvements.
(5) Upon substantial completion of all required appurtenant
utility improvements, and the connection of same to the public system, the
obligor may notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Borough Engineer. Thereupon
the Borough Engineer shall inspect all improvements of which such notice has
been given and shall file a detailed report, in writing, with the Council,
indicating either approval, partial approval or rejection of such improvements,
with a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be set forth.
(6) The Borough Council shall either approve, partially approve
or reject the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the contents
of the report and the action of the approving authority with relation thereto
no later than 65 days after receipt of the notice from the obligor of the
completion of the improvements. Where partial approval is granted, the obligor
shall be released from all liability, pursuant to the performance guaranty,
except for that portion adequately sufficient to secure provision of the improvements
not yet approved; provided that 30% of the amount of the performance guaranty
posted may be retained to ensure completion of all improvements. Failure of
the Borough Council to send or provide such notification to the obligor within
65 days shall be deemed to constitute approval of the improvements and the
obligor and surety, if any, shall be released from all liability pursuant
to such performance guaranty for such improvements.
(7) If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth in this
section shall be followed.
(8) Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Borough Council or the Borough Engineer.
(9) The obligor shall reimburse the borough for all reasonable
inspection fees paid to the Borough Engineer for the foregoing inspection
of improvements; and the borough may require of the developer a deposit for
all or a portion of the reasonably anticipated fees to be paid to the Borough
Engineer for such inspection.
(10) In the event that final approval is by stages or sections
of development, pursuant to N.J.S.A. 40:55D-38, the provisions of this section
shall be applied by stage or section.
(11) Upon completion of the construction, the person responsible
for the work shall deliver to the Borough Council a maintenance bond in an
amount equal to 25% of the performance guaranty indicated above. This bond
shall cover a period of two years from the day of the acceptance of the work.
The bond shall guarantee in general all workmanship and materials and shall
specifically include curbs and sidewalks which have cracked, or are out of
line or grade, and pavement which has settled due to faulty subgrade work.
The bond shall be approved by the Council after approval by the Borough Attorney
as to form, sufficiency and execution.
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 the proposals
and conditions shown on the Official Map and the Master Plan. The streets,
drainage right-of-way, school sites, public parks and playgrounds shown on
the Master Plan and Official Map shall be considered in approval of subdivision
plats.
B. Streets. In general, streets should conform to the following
requirements:
(1) Conform to the Master Plan and Official Map as to approximate
location and width.
(2) Tend to form street pattern which will furnish as direct
access as feasible from the homes to the center of the borough.
(3) Be adapted to topographic features of the land. The right-of-way
width, grades, provisions as to culs-de-sac, curves, intersections and block
length shall conform to the ordinance setting forth the minimum requirements
for the acceptance of roads.
(4) Afford connection for adjacent future development.
(5) Be named so as to avoid ambiguity and confusion.
(6) Street intersections shall be at right angles wherever
possible and intersections of less than 70º (measured center line to
center line) shall not be permitted.
(7) Include dead-end streets only when unavoidable. A cul-de-sac shall be no longer than 400 feet except when the four-hundred-foot maximum length would not accommodate a total of eight lots including corner lots. In such a case the maximum length of the cul-de-sac shall be four times the required minimum lot width specified in Chapter
220, Zoning, for the district in which it is located. On each cul-de-sac, a turnaround having an outside radius of at least 50 feet or satisfactory equivalent turning area shall be provided.
(8) 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.
(9) 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.
(10) Street jogs with center-line offsets of less than 125
feet shall be prohibited.
(11) Where a subdivision abuts any one or more of the following
highways, streets or proposed streets: Palisades Interstate Parkway, Route
9-W, Proposed Bergen County East-West Highway, Hillside Avenue, Anderson Avenue,
Closter Dock Road; or any route of comparable intermunicipal importance proposed
in the Borough Master Plan or Official Map, the Planning Board may require
either:
(a) A marginal access street along such highway or street;
or
(b) Reverse frontage so that the lots contiguous to such
highway or street will front on an internal street, with a buffer strip for
planting provided along the highway or street; or
(c) Such other means of separating through and local traffic
as the Planning Board may determine to be appropriate.
(12) Right-of-way width, measured from lot line to lot line,
shall not be less than 50 feet or as specified in the Master Plan or Official
Map.
(13) Grades of primary and collector streets shall not exceed
6%. Grades on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 1/2 of 1%.
(14) No more than two streets shall cross at the same point.
(15) In general, tangents of at least the following lengths
shall be introduced between reverse curves:
(a) On primary streets: 200 feet.
(b) On collector streets: 100 feet.
(c) On minor and marginal access streets: 50 feet.
(16) When street lines deflect by more than 10º, they
shall be connected by curves with at least the following center-line radii:
(a) On primary streets: 300 feet.
(b) On collector streets: 300 feet.
(c) On minor and marginal access streets: 100 feet.
(17) Clear sight distance along the center lines of collector
and primary streets shall be maintained at not less than 300 feet.
(18) Access by street shall be provided for all lots in the
subdivision and adjacent tracts. The subdivider shall improve all streets
to the limit of the subdivision.
(19) Provision of half streets, except to complete existing
half streets, is prohibited.
(20) Drainage on all roads to be maintained so that the natural
groundwater is not impaired by development. Drainage facilities are to be
provided where groundwater flow is impaired.
C. Lots. Applicable to both simple or minor and regular
or major subdivisions:
(1) The area and width of lots and setback requirements shall conform to the requirements of Chapter
220, Zoning.
(2) Lot lines, other than street frontages, should be straight
lines or follow topographic features.
(3) Side lot lines should be at right angles to straight
streets and radial to curved streets.
(4) Intersecting property lines on corner lots adjacent to
the street lines should be rounded with a curve of suitable radius, of at
least 15 feet.
(5) Each lot must front upon an approved street at least
50 feet in width except lots fronting on streets which have been approved
by the Mayor and Council for a lesser width in accordance with regulations
of the borough.
(6) 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.
(7) 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.
D. Public use and service areas.
(1) 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 further width or construction, or both, as will be adequate for the purpose.
(2) Natural features such as trees, brooks, hilltops and
views and contour lines shall be preserved whenever possible in designing
any subdivision containing such features.
E. Blocks. Block lengths shall not be less than 500 feet
nor more then 12 times the minimum lot width required for the zoning district
in which the block is located, or 1,300 feet, whichever is greater. Blocks
along major highways and primary streets shall not be less than 800 feet long.
Public crosswalks 12 feet wide may be required for blocks longer than 1,000
feet from the ends of the culs-de-sac or elsewhere when required for public
convenience, including the provision of walks giving access to schools and
playgrounds.
F. Utilities.
(1) All properties shall be connected to a public sanitary
sewer system and to a public water supply system if accessible.
(2) Installation of all sewer, water and other utilities
shall be in strict accordance with the engineering standards and specifications
of the Borough Engineer, municipal authority of the utility concerned.
(3) All utility facilities including telephone and electric
lines, gas, water, and any and all other utility facilities which may be installed
shall be installed underground. This requirement shall apply to all zones
whether residential, commercial or otherwise and to all types of structures
whether residential, commercial, or otherwise, and to all types of utility
installations and whether for private or public purposes or use. Temporary
use for purposes of construction may be made of poles, overhead wires or aboveground
conduits, provided the same do not interfere with public safety and are removed
immediately after temporary use is ended.
(4) Upon exceptional hardship being shown because of unusual
topographic or other natural conditions, the Planning Board may recommend
favorably to the Council that the foregoing requirements be waived in whole
or in part as to permanent underground installation of utilities. If the Council
shall by majority vote of the entire body approve the recommendation of the
Planning Board as to waiver, the waiver shall then be effected and deemed
granted to the applicant.
[Amended by Ord. No. 273; Ord. No. 414]
A. An application for subdivision of land shall be accompanied
by a deposit to cover the cost of review services provided by the Borough
Engineer, planning consultant, Borough Attorney, Board attorney and other
borough personnel, the publication of notices and other required expenses.
The Borough Clerk shall place the deposit in the borough trust account in
the name of the applicant and shall charge thereto all such disbursements.
The amount of the deposit shall be determined as follows:
(1) Major subdivision.
(a) Final plat, per lot: $300.
(b) Preliminary plat, per lot: $300.
(2) Minor subdivision plat, per lot: $300.
B. Any unused portion of the deposit shall be returned to
the applicant. If the cost of review services exceeds the amount of deposit,
sufficient additional funds shall be deposited before any approved plat is
returned to the applicant. The inspection fee deposit for the installation
of improvements shall be 2% of the estimated improvement costs.
C. An application for connection to a public sanitary sewer
system located in an adjoining municipality shall be accompanied by a deposit
of $2,500 to cover the cost of review services provided by the Borough Engineer,
planning consultant, Borough Attorney, and other borough personnel, the publication
of notices and other required expenses. The Borough Clerk shall place the
deposit in the borough trust account in the name of the applicant and shall
charge thereto all such disbursements. Any unused portion of the deposit shall
be returned to the applicant. If the cost of review services exceeds the amount
of deposit, sufficient additional funds shall be deposited before any approved
application is returned to the applicant.
[Added 5-20-1996 by Ord.
No. 522]
[Amended by Ord. No. 273]
A. Failure to obtain subdivision approval. If, before favorable
referral and final approval has been obtained, any person transfers or sells
or agrees to sell, as owner or agent, any land which forms a part of a subdivision
on which, by ordinance, the Planning Board or Zoning Board is required to
act, such person shall be subject to a fine not to exceed $1,000 and each
parcel, plot or lot so disposed of shall be deemed a separate violation in
accordance with the provisions of N.J.S.A. 40:55D-55.
B. Other violations. In addition to the foregoing, the borough
may institute and maintain a civil action:
(2) To 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 the provisions of N.J.S.A. 40:55D-56. 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 subdivider or his/her assigns or successors, to secure the
return of any deposit made or purchase price paid and also a reasonable search
fee, survey expense and title closing expense, if any. Any such action must
be brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of such land or within six years, if unrecorded.
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. 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/her agent can clearly demonstrate that, because of peculiar conditions
pertaining to the 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.