[HISTORY: Adopted by the Borough Council of the Borough of Alpine
as Ch. XVI (Ord. No. 185) of the 1970 Revised General Ordinances. Amendments
noted where applicable.]
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:
An area bounded by streets.
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.
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.[1]
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.
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.
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.
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.
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.
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.
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.
Any individual, firm, association, syndicate, copartnership or corporation
having title in land.
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.
The map of a subdivision.
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.
All subdivisions not classified as minor or simple subdivisions.
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:
PRIMARY STREETSThose which are used primarily for fast or heavy traffic.
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.
MINOR STREETSThose which are used primarily for access to the abutting properties.
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.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
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:
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.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited to
judgments of foreclosure.
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 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."
[1]
Editor's Note: Former N.J.S.A. 58:1 was repealed by L. 1945, c. 22.
See now N.J.S.A. 58:1A-1 et seq.
A.
Submission of minor subdivision plat.
[Amended by Ord. No. 273; Ord. No. 279]
(1)
Any owner of land within the borough or his legally constituted
agent shall, prior to subdividing or resubdividing land, where such subdivision
is desired to qualify as a minor subdivision, submit to the Planning Board
at least 10 days prior to the regular meeting of the Planning Board 14 copies
of a minor subdivision plat, together with 14 copies of an application form,
as required by the Board.
(2)
Minor subdivision approval shall be granted or denied by the Planning Board within 45 days of the date of submission of an application and sketch plat which fully meets the requirements of § 195-6 hereunder, or within such further time as may be consented to by the applicant. If a variance is required, the time for approval is 120 days. Notice and public hearing are not required for a minor subdivision application unless a variance is required. If approved by the Planning Board or Zoning Board of Adjustment, a notation to that effect will be made on the minor subdivision plat, Where County Planning Board approval is required, it will be forwarded to that Board for its consideration. The plat will then be forwarded to the Chairman of the Planning Board or Zoning Board for his/her signature and returned to the subdivider within one week following the next regular meeting of the appropriate Board.
(3)
Before the Clerk returns any approved minor subdivision
plat to the subdivider, the subdivider shall furnish the Clerk sufficient
copies to furnish one copy each to the following:
(4)
Either a deed or a plat map drawn in compliance with
N.J.S.A. 46:23-9[1] et seq. shall be filed or recorded with the Bergen County Clerk
within 190 days from the date of return of the approved plat.
[1]
Editor's Note: Former N.J.S.A. 46:23-9 was repealed by L. 1953, c.
358. See now N.J.S.A. 46:23-9.15.
(5)
If the minor subdivision plat is not approved, the proposed
subdivider shall be notified of the reasons for such disapproval and whether
the proposed subdivision could qualify for resubmission under the procedure
for major subdivisions.
B.
Submission of preliminary plat of major subdivision for
tentative approval.
[Amended by Ord. No. 273; Ord. No. 279; Ord. No. 304]
(1)
At least 14 black and white prints of the preliminary
plat, together with 14 application forms for preliminary approval, shall be
submitted to the Planning Board two weeks prior to the Planning Board meeting
at which a public hearing and consideration is desired.
(2)
The Planning Board shall determine if such application for a major subdivision is complete, as provided in § 195-6 hereunder. If the application is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Planning Board or the Board's designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted. If the Planning Board finds that the application is complete, the Secretary shall immediately notify the developer as to the date of the next meeting of the Board at which the application will be considered and a public hearing held thereon. The applicant shall then give notice by newspaper publication and by giving additional notice to all persons entitled to notice of the hearing on the application in accordance with Chapter 35, Land Use Procedures, § 35-28, of this Code. Such notice shall be given at least 10 days before the hearing. If the Board requires any substantial amendment in the layout or improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice.
(3)
Copies of the preliminary plat shall be forwarded by
the Secretary of the Planning Board prior to the hearing to the following
persons:
(a)
County Planning Board.
(b)
Borough Engineer.
(c)
All members of Planning Board.
(d)
Board of Health.
(e)
Board Attorney.
(f)
Board planning consultant.
(g)
Such other municipal, county or state officials as directed
by the Planning Board.
(h)
If the preliminary plat lies within 200 feet of a municipal
boundary, a copy of the plat shall be sent by the Secretary of the Planning
Board to the Secretary of the Planning Board of the adjoining community. A
written statement shall be requested from the adjoining community indicating
whether the proposed subdivision in the Borough of Alpine is in reasonable
harmony with its plans for development. The Secretary of the Planning Board
of the adjoining community shall be informed of the date of the public hearing,
and any communications received prior to this date shall be considered in
relation to the approval or disapproval of the plat.
(4)
After the public hearing, the Board shall take formal
action either approving or disapproving the preliminary plat within the time
required by N.J.S.A. 40:55D-48, viz., for a subdivision of 10 or fewer lots
the Board shall grant or deny preliminary approval within 45 days of the date
of the submission and in the case of a subdivision of more than 10 lots it
shall grant or deny preliminary approval within 95 days of the date of such
submission, or within such further time as may be consented to by the developer.
If a variance is required, the time for approval shall be 120 days. Otherwise
the Board shall be deemed to have granted preliminary approval to the subdivision.
However, in no case shall Board approval be given before the expiration of
the twenty-day period within which the County Planning Board may submit a
report on said subdivision. In all cases the recommendations of the County
Planning Board shall be given careful consideration in the final decision
of the Planning Board. If the County Planning Board has approval pursuant
to N.J.S.A. 40:27-12,[2] its action shall be noted on the plat, and if disapproved, two
copies of the reasons for disapproval shall be returned with the plat. If
either the Borough Board or County Planning Board disapproves the plat, the
reasons for disapproval shall be remedied prior to further consideration.
If approval is required by any other officer or public body, the same procedure
as applies to submission for approval by the County Planning Board shall apply.
[2]
Editor's Note: Former N.J.S.A. 40:27-12 was repealed L. 1968, c. 285,
§ 22.
(5)
Preliminary approval shall except as hereinafter set
forth confer upon the applicant the following rights for a three-year period
from the date of such approval:
(a)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; and yard dimensions and off-tract improvements; except that nothing
herein shall be construed to prevent the borough from modifying by ordinance
such general terms and conditions of preliminary approval as relate to public
health and safety.
(b)
That the applicant may submit for final approval on or
before such expiration date of preliminary. approval the whole of a section
or sections of the preliminary subdivision plat.
(c)
That the applicant may apply for and the Board may grant
extensions on such preliminary approval for additional periods of at least
one year but not to exceed a total extension of two years, provided that,
if the design standards have been revised by ordinance, such revised standards
shall govern.
C.
Submission of final plat of major subdivision.
[Amended by Ord. No. 273; Ord. No. 279]
(1)
The final plat shall be submitted to the Secretary of the Planning Board for final approval within the time limit specified in Subsection B(5). The Board shall act upon the final plat within 45 days after the date of submission for final approval. A conditional approval will first be made, allowing the developer to proceed with the construction of streets and other improvements or the posting of bonds and guaranties such as may be agreed to by the Board. Final approval will be given upon satisfactory completion of the improvements or posting of bonds. Approval shall be conditioned on certification by the Bergen County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of c. 251, L. 1975, N.J.S.A. 4:24-39 et seq.
(2)
The original tracing, 14 black and white prints and one
copy of the application form for final approval shall be submitted to the
Secretary of the Planning Board at least five days prior to the date of a
regular Planning Board meeting. Unless the preliminary plat is approved without
changes, the final plat shall have incorporated all changes or modifications
required by the Planning Board.
(3)
Before final approval of the final plat, a statement
shall be submitted by the Borough Engineer that he is in receipt of a map
showing all utilities in exact location and elevation identifying those portions
already installed and those to be installed and that the subdivider has complied
with one or both of the following:
(4)
Any plat which requires County Planning Board approval
pursuant to N.J.S.A. 40:27-2 shall be forwarded to the County Planning Board
for its action prior to final approval.
(5)
Failure of the Planning Board to act within the allotted
time, or a mutually agreed upon extension, shall be deemed to be favorable
approval and the Borough Clerk shall issue a certificate to that effect.
(6)
Upon final approval, 16 black and white paper prints
of the final plat map shall be furnished to the Planning Board for the preparation
of agreements and for distribution to the following:
(a)
Borough Clerk.
(b)
Borough Engineer.
(c)
Building Inspector or Zoning Officer.
(d)
Tax Assessor.
(e)
Tax Collector.
(f)
County Planning Board.
(g)
Board of Health.
(h)
Superintendent of Public Works.
(i)
Planning Board files.
(7)
Development map.
(a)
The Planning Board, at its option, may require five copies
of a development map to be submitted to the Secretary of the Planning Board
with the final plat. Copies of the development map, if required, upon approval
of the final plat, shall be filed in the office of the Borough Clerk, Building
Inspector, Assessor, Engineer and Board of Health for their use. The development
map shall be the same as the final plat, but shall contain the following additional
information:
[1]
Location of each proposed building with grade level of
lowest floor. Location of each proposed septic tank with grade level.
[2]
Setback and side yard dimensions.
[3]
Present and finished grade levels at any additional points
required by the Borough Engineer.
[4]
Present and finished grade levels at house and lot lines.
[5]
Sidewalk lines and levels if sidewalks required.
[6]
Curb and pavement lines and grades.
[7]
Corner radii.
[8]
Bearings or radii of other than straight streets.
[9]
Location of catch basins.
[10]
Storm drains, with capacity, course and grade.
[11]
Points of disposal and manner of disposal of efflux.
[12]
Existing or proposed easements.
[13]
Tentative grades of streets.
[14]
Typical cross-section of streets showing all improvements.
[15]
Location of trees, 10 inches or over, to be removed.
[16]
Any other matters required on preliminary sketch and
with accuracy of detail consistent with final maps.
[17]
Contours at intervals of five feet elevation.
[18]
Plans and profiles of storm, sanitary sewers and water
mains.
[19]
House numbers.
(b)
If the Planning Board requires a development plan which
is to be checked by the Borough Engineer, the subdivider shall deposit a sufficient
fee to reimburse the Engineer for his work. The fee shall be commensurate
with the work involved.
(8)
The final plat map, after final approval by the Planning
Board, shall be filed by the subdivider with the county recording officer
within 95 days from the date of such approval. The Planning Board, for good
cause, may extend the time for plat filing for a period not to exceed 190
days.
(9)
No plat shall be accepted for filing by the county recording
officer unless it has been duly approved by the Borough Planning Board and
signed by its Chairman.
D.
Construction of streets.
[Amended by Ord. No. 227]
(1)
Duties of Borough Engineer.
(a)
The Borough Engineer shall design and lay out all work
in construction of streets where the work or project is built or constructed
by the borough or any contractor hired by the borough to perform work for
it, and shall include all paving, curbs, sidewalks, sanitary sewers, storm
drains, drainage systems, and any other structure in the streets. The Borough
Engineer shall in each case prepare all construction plans and profiles and
shall set all grade stakes.
(b)
Where any work is to be performed by a private contractor
or by a private developer, for the development of private property, either
performing the work or hiring a contractor to perform the work and as shown
on a preliminary plat approved by the Planning Board, the work shall be subject
to the inspection and approval by the Borough Engineer before it shall be
finally approved or before any release or reduction of surety bonds for construction
or maintenance of the streets by the borough. The Borough Engineer shall be
required to inspect all plans and specifications for construction and approve
them prior to commencement of work.
(c)
The Borough Engineer shall not perform any work for or
make any charges for work to be performed by any developer or contractor performing
work in the borough for private development. He shall maintain a status as
engineer that shall not conflict with his/her duties as Borough Engineer.
(d)
The Borough Engineer shall submit vouchers for any work
done by him/her to the borough detailing the work and the amounts to be charged
therefor.
(2)
Compliance with standard specifications. All construction
of streets shall be in accordance with standard specifications of the borough
which shall be in effect at the time construction is started.
(3)
Fees for private construction. Any developer or contractor
undertaking said street or related construction for private purposes shall
deposit with the Borough Clerk a sum of money equal to 7% of the estimated
cost of the improvements to cover all costs and expenses of inspection and
supervision, engineering fees and legal expenses, except for preparation of
the developer's agreement. All expenses of the Borough Engineer and other
expenses arising out of private construction of streets shall be charged against
such funds received as provided in this paragraph and any funds not expended
shall be paid to the developer.
(4)
Inspections by Borough Engineer. The Borough Engineer
shall perform the following inspections in connection with the certification
of improvements within any development:
(a)
Prior to the start of any excavation work, the developer
shall notify the Borough Engineer. At the time the Borough Engineer shall
inspect the construction location and grade stakes, original ground conditions
and weather conditions and shall decide whether work is to proceed or be delayed.
(b)
During rough grade work the Borough Engineer shall conduct
periodic inspections of work progress and investigate any subsurface conditions
that are encountered. If, during the course of construction, unforeseen conditions,
such as springs, aquifer layers, high groundwater tables and miscellaneous
unknowns are encountered, it shall be at the discretion of the Borough Engineer
whether or not the developer shall install additional catchbasins, storm drains,
french drains, or any other drainage appurtenance.
(c)
The Borough Engineer shall inspect all drainage trenches
and storm drain pipes prior to any backfilling of the trenches. The storm
drain pipes, pipe joints and pipe bedding shall be inspected by the Engineer
before the trenches can be backfilled. All trenches shall be backfilled and
tamped in accordance with standard specifications approved by the Borough
Engineer.
(d)
The Borough Engineer shall inspect excavation, subbase
and pouring of curbs and sidewalks. Construction shall conform to plans and
specifications and the tickets for these delivered-on-the-site materials shall
be inspected to determine the quantities used.
(e)
The Borough Engineer shall inspect and check the materials
and amount of materials used for the subbase material. Materials shall conform
to the requirements as set forth on the plans and specifications. When approval
is given by the Borough Engineer, the work may proceed.
(f)
The Borough Engineer shall inspect final pavement construction
work during the course of construction. The pavement shall be constructed
in accordance with the requirements as set forth on the plans and specifications
as adopted by resolution of the Mayor and Council.
(g)
The Borough Engineer shall inspect the site of grading
of individual lots so as to avoid the creation of low spots on lawns and driveways.
(h)
The installation of concrete monuments shall be inspected
by the Borough Engineer.
(i)
Utilities shall be inspected by the Borough Engineer
in conjunction with the various utility companies concerned.
(j)
The Borough Engineer shall perform tree inspection in
conjunction with the Building Inspector to prevent the unnecessary destruction
of trees of four inches diameter and greater.
(k)
It shall be the responsibility of the Borough Engineer
to file inspection reports of every inspection he makes with the Secretary
of the Planning Board and Mayor and Council.
A.
Minor subdivision plat. The minor subdivision plat shall
be clearly and legibly drawn or reproduced at a scale of not less than one
inch equals 50 feet, and shall be drawn or certified by a licensed New Jersey
land surveyor, at any of the four sizes specified in the Map Filing Act: 8 1/2
inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; and 30
inches by 40 inches. It shall include or be accompanied by the following information:
[Amended by Ord. No. 273]
(1)
The location and proposed boundaries, with distances
and bearings, or that portion which is to be subdivided in relation to the
entire tract.
(3)
The names of all adjoining property owners as disclosed
by the most recent municipal tax records.
(4)
Bearings and distances of all sides and indication of
any existing reference corners in the subdivision.
(5)
Square foot area of all existing and proposed lots.
(6)
Within the portion to be subdivided and within 200 feet,
the location of existing streets, buildings, including indication of use,
watercourses, bridges, culverts, drainpipes and any natural features, such
as wooded areas and rock formations.
(7)
Show all existing utilities and road improvements.
(8)
Sufficient elevations or contours to determine the general
slope and natural drainage of the land and the high and low points.
(9)
Where a proposed or potential new building site is to
be established, plans for water supply, sewage disposal, and storm drainage.
When an individual water supply or sewage disposal system is proposed, the
plan for such system shall 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 minor subdivision plat. Any subdivision 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.
(10)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the minor subdivision
plat.
B.
Preliminary plat of major subdivision. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 200 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. Any plat indicating design of engineering features shall be signed and sealed by a licensed New Jersey professional engineer. The plat shall be designed in compliance with the provisions of § 195-8 and shall show or be accompanied by the following information:
[Amended by Ord. No. 273; Ord. No. 304]
(1)
A key map showing the entire subdivision and its relation
to surrounding areas.
(3)
Acreage of tract to be subdivided to nearest 1/10
of an acre.
(4)
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.
(5)
The location of existing and proposed property lines,
streets, buildings, watercourses, railroads, bridges, culverts, drain pipes,
and any natural features, such as wooded areas and rock formations, and proposed
areas to be dedicated for public use.
(6)
Plans of proposed utility layouts, sewers, storm drains,
water, gas and electricity, showing connections to existing or any proposed
utility systems. When an individual water supply and/or sewage disposal system
is proposed, i.e., septic tanks, the plan for such system must be approved
by the appropriate local, county or state health agency, as required. When
a public sewage disposal system is not available, the developer shall have
adequate percolation tests and test pits and/or borings made and shall submit
the results, including the character of soil formations and groundwater conditions,
with the preliminary plat. Any subdivision or part thereof which does not
meet with the established requirements of this chapter or 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.
In all subdivision applications, the approval of the local Board of Health
of the borough is required.
(7)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the preliminary
plat.
(8)
Street widths.
(9)
Corner radii.
(10)
Approximate positions of proposed or existing monuments.
(11)
Tentative grades of streets.
(12)
Typical cross-sections of streets showing roadway paving.
(13)
All existing buildings, including approximate dimensions,
together with present and proposed use.
(14)
Any lots where more than a single-family residence is
proposed to be constructed, indicating for each such lot the approximate location
and dimensions of the proposed building together with proposed use.
(15)
Application forms as may be required by the Planning
Board.
(16)
In order that the Planning Board may assess the impact
of the proposed major subdivision upon the natural environment, the preliminary
plat shall be accompanied by an environmental impact statement, which shall
contain information and analysis covering the items hereinafter set forth.
The Planning Board, as part of its review procedures, shall take into consideration
the effect of the applicant's proposal upon all aspects of the environment,
including but not limited to sewage disposal, water quality, water supply,
soil erosion, preservation of trees and vegetation, protection of watercourses,
and the presence of any nuisance factors. The Planning Board shall not approve
any subdivision hereunder unless it determines and finds that the proposed
development will not result in unavoidable harmful effects to the natural
environment, has been designed and conceived with a view towards the protection
of natural resources, and will not place a disproportionate or excessive demand
upon the total resources available for such proposal and for any future proposals.
The Planning Board may upon application and for a good cause waive the requirement
for an environmental impact statement or for any of the specific requirements
relating thereto as set forth hereunder. The environmental impact statement
shall cover the following, but may refer to, without repeating, items of information
called for above in this subsection:
(a)
Description of development. The contours, buildings,
roads, paved areas, proposed grading or regrading, existence of natural streams
and the relationship of the premises to surrounding properties and existing
utility lines shall be described.
(b)
Sewerage facilities. It must be shown that permission
has been obtained from the appropriate authority to connect with the borough
or county sewerage system.
(c)
Water supply. It must be shown that permission has been
obtained from the appropriate authority to have an adequate supply of potable
water supplied for the use intended.
(d)
Drainage. It must be shown that stormwater runoff from
the site is so controlled that on- and off-site erosion is neither caused
nor worsened, and that potential of downstream flooding is not increased.
[1]
Volume of stormwater runoff now existing from site and
volume to be generated by new improvements, using a fifty-year design storm.
[2]
Data on landscaping, vegetation map, tree and ground
cover, existing on site compared with that proposed.
[3]
Changes of runoff to be caused by change of such landscape
and all roofs and paved surfaces.
[4]
Plans for disposition of stormwater, whether by retention
on site or means of channeling so as to protect downstream property.
[5]
Stream encroachments. In the case of streams having a
drainage area exceeding 1/2 square mile, an encroachment permit is required
from the Division of Water Resources for fill or diversion of a water channel,
alteration of a stream, repair or construction of a bridge, culvert, reservoir,
dam, wall, pipeline or cable crossing.
[6]
Floodplains. Description of potential flood damages,
including a summary of flood stages from state and federal sources.
[7]
Submission of a sediment and erosion control plan drawn
in accordance with the guidelines and standards adopted from time to time
by the County Soil Conservation District.
(e)
Critical impact areas. Plans should include any area,
condition or feature which is environmentally sensitive or which, if disturbed
during construction, would adversely affect the environment.
[1]
Critical impact areas include, but are not limited to,
stream corridors, streams, wetlands, estuaries, slopes greater than 20%, highly
acid or highly erodible soils, areas of high water table, and mature stands
of native vegetation, and aquifer recharge and discharge areas.
[2]
A statement of impact upon critical areas and of adverse
impacts which cannot be avoided.
[3]
Environmental protective measures, procedures and schedules
to minimize damage to critical impact areas.
(f)
List of licenses. A list of all licenses, permits and
other approvals required by municipal, county or state law and the status
of each.
(g)
Listing of adverse environmental impacts. A listing of
all adverse environmental impacts, especially irreversible damage, that cannot
be avoided.
(h)
Assessment of the environmental impact. An assessment
of the environmental impact of the project.
(i)
Listing of steps. A listing of steps proposed to minimize
environmental damage to the site and region during construction and operation.
(17)
A soil erosion and sediment control plan prepared by
a licensed New Jersey professional engineer in accordance with specifications
for soil erosion and sediment control of the Bergen County Soil Conservation
District for certification, pursuant to c. 251 of the Laws of 1975, N.J.S.A.
4:24-39 et seq. The Planning Board shall not give unconditional approval to
the preliminary plat until receipt of the Soil Conservation District certification.
Any fees or expenses involved in the review by the District shall be the applicant's
responsibility. Upon receipt of a report from the Bergen County Soil Conservation
District the Planning Board shall require incorporation of soil erosion and
sediment control measures as it deems appropriate as a condition of tentative
approval of the preliminary plat.
C.
Final plat of major subdivision. The final plat shall
be drawn in ink on tracing cloth at a scale of not less than one inch equals
100 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:
(1)
Date, name and location of the subdivision, name of owner,
graphic scale and reference meridian.
(2)
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.
(3)
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.
(4)
Each block shall be numbered, and the lots within each
block shall be numbered consecutively beginning with number one.
(5)
Minimum building setback line on all lots and other sites, in accordance with the requirements of Chapter 220, Zoning, for the area to be subdivided, with proper dimensions.
(6)
Location and description of all monuments.
(7)
Names of owners of adjoining unsubdivided land, as they
appear on municipal tax records.
(8)
Certification by engineer or surveyor as to accuracy
of details of plat.
(9)
Certification that the applicant is agent or owner of
the land, or that the owner has given consent.
(10)
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.
(11)
Cross-sections and profiles of streets, approved by the
Borough Engineer, may be required to accompany the final plat.
(12)
Contours at five-foot intervals for slopes averaging
10% or greater, and at two-foot intervals for land of lesser slope.
(13)
Plans and profiles of storm and sanitary sewers and water
mains.
(14)
Certificate from Tax Collector that all taxes are paid
to date.
(15)
Right-of-way requirements for widening existing streams
and for providing future floodway areas, with accurate dimensions and bearings
and other engineering data.
(16)
A North point with indication of datum used.
(17)
Appropriate title block showing the proposed name of
the development and the name and license number of the engineer.
(18)
Approval block for signature and seal of the Borough
Engineer.
(19)
Approval block for signature of the Bergen County Planning
Board.
(20)
Approval block for signature of the Borough Planning
Board.
(21)
Approval block for signature of the Borough Clerk.
(22)
Application blanks as may be required by the Planning
Board.
D.
Off-tract improvements. Pursuant to the provisions of
N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, construction of or contributions
for off-tract water, sewer, drainage and street improvements may be required
in accordance with the following criteria:
[Amended by Ord. No. 273]
(1)
Improvements to be constructed at the sole expense of
the applicant. In cases where reasonable and necessary need for an off-tract
improvement or improvements is necessitated or required by the proposed development
application, and where no other property owners receive a special benefit
thereby, the Planning Board may require the applicant, as a condition of subdivision
approval, at the applicant's sole expense, to provide for and construct such
improvements as if such were on-tract improvements, in the manner provided
hereafter and as otherwise provided by law.
(2)
Contributions by developer toward required off-tract
improvements.
(a)
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Board in writing. Such resolution or determination of the Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required the Board shall be guided by the rules and regulations specified in Chapter 220, Zoning, of the borough and the Borough Master Plan. The Board may also be guided by counsel from the Board attorney, engineer, planning consultant and other qualified experts and municipal officials relative to the subject matter.
(b)
In the event that the Board determines that one or more
improvements constitute an off-tract improvement, the Board shall notify the
Borough Council of same specifying the Board's recommendation relative to
the estimated cost of same, the applicant's prorated share of the cost, and
possible methods or means to implement same including but not limited to performance
and maintenance guaranties, cash contributions, development agreements and
other forms of surety.
(c)
The Board shall not grant final approval on the subdivision
until all aspects of such conditions have been mutually agreed by both the
applicant and the Borough Council and a written resolution to that effect
by the Borough Council has been transmitted to the Board.
(3)
Methods of implementation.
(a)
Performance and maintenance guaranties. Where a performance
or maintenance guaranty or other surety is required in connection with an
off-tract improvement the applicant shall be required to follow the same procedures
and requirements as specified in this chapter for other improvements.
(b)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as may be
required by this chapter or by the Board, the agreement shall be approved
as to form, sufficiency and execution by the Board attorney and Borough Attorney.
Such agreement shall specify the amount of cash contributions, if any, the
method of payment of same, the relative timing of such payment and the obligation
or obligations to be undertaken by the borough.
(c)
Cash contributions, when not required. Cash contributions
for off-tract improvements shall not be required under the following conditions:
[1]
Where another county or state agency has jurisdiction
over the subject improvement and requires a cash contribution, guaranty or
other surety of the applicant in lieu of such conditions imposed by the borough;
[2]
Where a benefit assessment or other similar tax levy
is imposed upon the applicant for the off-site improvement provided; or
[3]
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the municipality, subject to standards and other
conditions as may be imposed by the borough.
(d)
Cash contributions, method of payment. Where a cash contribution
is required by this chapter such contribution shall be deposited with the
Treasurer of the borough with a copy of the applicant's transmittal letter
forwarded to the Borough Council, the Borough Engineer and the Board. Any
and all moneys received by the Treasurer shall be deposited in an escrow account
for the purpose of undertaking the improvements specified. Where such improvements
are not undertaken or initiated for a period of 10 years, the funds may be
retained by the borough and may be used for general municipal purposes, but
in such event, neither the applicant nor any of his heirs, executors, administrators,
or grantees shall be liable to the borough for any assessment for the purpose
of installing any of the improvements for which the cash contribution was
made.
(4)
Prorated formula for determining applicant's share of
off-tract improvements. Where an off-tract improvement is required the following
criteria shall be utilized in determining the proportionate share of such
improvement to the applicant:
(a)
Street widening. Street widening, alignment, corrections,
channelization of intersections, construction of barriers, new or improved
traffic signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere and the construction of new streets and other similar
street or traffic improvements: the applicant's proportionate share shall
be in the ratio of the estimated peak hour traffic capacity of the present
facility, and the estimated peak hour traffic generated by the proposed development.
The ratio thus calculated shall be increased by 10% for contingencies.
(b)
Water distribution facilities. Water distribution facilities
including the installation of new water mains, the extension of existing water
mains, the relocation of such facilities and the installation of other appurtenances
associated therewith: the applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties in gallons
to the sum of the deficiency in gallons per day for the existing system or
subsystem and the estimated daily use of water for the proposed development.
The ratio thus calculated shall be increased by 10% for contingencies.
(c)
Sanitary sewage distribution facilities. Sanitary sewage
distribution facilities including the installation, relocation, or replacement
of collector and interceptor sewers and the installation, relocation or replacement
of other appurtenances associated therewith: the applicant's proportionate
cost shall be in the ratio of the estimated daily flow in gallons to the sum
of the present deficient capacity for the existing system or subsystem and
the estimated daily flow from the proposed project or development. In the
case where the peak flow for the proposed development may occur during the
peak flow period for the existing system, the ratio shall be the estimated
peak flow rate from the proposed development in gallons per minutes to the
sum of the present peak flow deficiency in the existing system or subsystem
and the estimated peak flow rate from the proposed development. The greater
of the two ratios thus calculated shall be increased by 10% for contingencies
and shall be the ratio used to determine the cost to the applicant.
(d)
Stormwater; drainage improvements. Stormwater and drainage
improvements, including installation, relocation or replacement of transmission
lines, culverts, catch basins and the installation, relocation or replacement
of other appurtenances associated therewith: the applicant's proportionate
cost shall be in the ratio of the estimated peak surface runoff as proposed
to be delivered into the existing system measured in cubic feet per second
to the sum of the existing peak flow in cubic feet per second deficient for
the existing system and the estimated peak flow as proposed to be delivered.
The ratio thus calculated shall be increased by 10% for contingencies. Applicant's
engineer shall compute the drainage basin area and the area of the development
and the percent of the total drainage basin area occupied by the development.
Where no drainage system exists which will receive the flow of surface water
from the applicant's development, applicant shall furnish all drainage rights-of-way
deemed to be necessary by the Board.
(e)
General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract facilities which
shall be borne by the applicant, the Board shall also determine the pro rata
amount of cost to be borne by other owners of lands which will be benefited
by the proposed improvements.
[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:
(1)
Streets.
(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[1] 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.
(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.[1]
(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.
(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:
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:
(1)
For injunctive relief.
(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.
