This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the Borough of Barnegat Light."
The purpose of this chapter is 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 of the borough. It shall be administered
to ensure orderly growth and development, the conservation, protection and
proper use of land and adequate provisions for circulation, utilities and
service.
As used in this chapter, the following terms shall have the meanings
indicated:
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage
ditches or required along a natural stream or watercourse for preserving the
channel and providing for the flow of water therein to safeguard the public
against flood damage in accordance with Title 58 of the Revised Statutes.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented
to the Planning Board for final approval in accordance with these regulations
and which, if approved, shall be filed with the proper county recording officer.
LOT
A designated parcel, tract or area of land established by a plat
or otherwise as permitted by law and to be used, developed or built upon as
a unit.
MASTER PLAN
A composite of one or more written or graphic proposals for the development
of the borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MINOR SUBDIVISION
Any subdivision containing not more than three lots fronting on an existing minor street not involving any new street or road or the extension of borough facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map, Chapter
215, Zoning, or this chapter and not involving planned development or the extension of any off-tract improvement.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A 40:55D-32 or any prior
act authorizing such adoption. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
OWNER
Any person having sufficient proprietary interest in the land sought
to be subdivided to commence and maintain proceedings to subdivide the same
under this chapter.
PERFECTED SUBMISSION
An application and plat determined by the Secretary to the Planning
Board or other competent authority to be complete in all detail and to comply
with all applicable requirements of local and state regulations.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including cash,
provided that a municipality shall not require more than 10% of the total
performance guaranty in cash.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of §
172-5.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §
172-5.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other
way which is an existing state, county or municipal roadway or which is shown
upon a plat heretofore approved pursuant to law or which is approved by official
action pursuant to N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly
filed and recorded in the office of the county recording officer prior to
the appointment of a Planning Board and the grant to such Board of the power
to review plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks,
parking areas and other areas within the street lines.
B.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial 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 legal entity commencing proceedings under this chapter to effect
a subdivision of land hereunder for himself or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following
shall not be considered subdivisions within the meaning of this chapter, if
no new streets are created: divisions of land found by the Planning Board
or Subdivision Committee thereof 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; and conveyances so as to combine existing lots by deed or other instrument.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by
the majority of the Planning Board members in attendance at the regular Planning
Board meeting for the purpose of classifying subdivisions in accordance with
the provisions of this chapter and such other duties relating to land subdivisions
which may be conferred on this Committee by said Board.
The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
A. General. The subdivision plat shall conform to design
standards that shall encourage good development patterns within the borough.
Where either or both an Official Map or Master Plan has been adopted, the
subdivider shall conform to the proposals and conditions shown thereon. The
streets, drainage rights-of-way, school sites, public parks and playgrounds
shown on an officially adopted Master Plan or Official Map shall be considered
in approval of subdivision plats. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat in accordance
with Sections 29, 29.1, 29.2 and 29.3 of Chapter 291 of the Laws of 1975 and shall be such as to lend themselves to the harmonious development
of the borough and enhance the public welfare in accordance with the following
design standards.
B. Streets.
(1) The arrangement of streets now shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets.
(2) Minor streets shall be so designed as to discourage through
traffic.
(3) Right-of-way width.
(a) The right-of-way width shall be measured from lot line
to lot line and shall not be less than the following:
[1] Arterial streets: 100 feet.
[2] Collector streets: 70 feet.
[4] Marginal access streets: 40 feet.
(b) The right-of-way width for internal roads and alleys
in multifamily, commercial and industrial development shall be determined
on an individual basis and shall in all cases be of sufficient width and design
to accommodate safely the maximum traffic, parking and loading needs and maximum
access for fire-fighting equipment.
(4) 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 Mayor and Council under conditions
approved by the Planning Board.
(5) 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 the road. If the subdivision is along
one side only, 1/2 of the required extra width shall be dedicated.
(6) Grades of arterial and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 3/10 of 1%.
(7) Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the curbline with a curve having a radius
of not less than 15 feet.
(8) Street jogs with center-line offsets of less than 125
feet shall be prohibited.
(9) A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(10) When connecting street lines deflect from each other
at any one point by more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
(11) If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(12) No street shall have a name which will duplicate or so
nearly duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
C. Blocks.
(1) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter
215, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(2) In blocks over 1,000 feet long, pedestrian crosswalks
shall be required in locations deemed necessary by the Planning Board. Such
walkway shall be 10 feet wide and be straight from street to street.
(3) For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for such use.
D. Lots.
(1) Lot dimensions and area shall not be less than the requirements of Chapter
215, Zoning.
(2) Insofar as it is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3) Each lot shall front upon an approved street at least 50 feet in width, except lots fronting on streets described in Subsection
B(3)(a)[4] and
(b) and further excepting those lots fronting the Beach-Dune Protective Facility as shown on the Borough Master Plan. Such lots may front the facility, provided that an easement, right-of-way or portion of the lot is provided which gives access from the lot to a street of at least 50 feet in width. The easement, right-of-way or portion of the lot shall be at least 15 feet in width along its entire length and be maintained in such manner as to provide vehicular access to the lot and so as not to be a blighting or deteriorating influence on neighboring property.
(4) 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.
(5) Where there is a question as to the suitability of a lot or lots for the proposed use due to factors such as rock formations, flood conditions, the existence of dunes or the location of the proposed lot within the Beach-Dune Area or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. No lot shall be shown upon, or included within, a subdivision unless the proposed use of said lot will be consistent with the provisions of Barnegat Light and §
215-5 of Chapter
215, Zoning, of the Code of the Borough of Barnegat Light.
[Amended 2-28-1994 by Ord. No. 94-118]
E. Public use and service areas.
(1) In large-scale development, easements along rear property
lines or elsewhere for utility installations may be required. Such easements
shall be at least 15 feet wide and located in consultation with the companies
or borough departments concerned.
(2) Where a subdivision is traversed by a watercourse, drainageway,
channel or street, there shall be provided a storm sewer easement or drainage
right-of-way conforming substantially to the lines of such watercourse and
such further width or construction, or both, as shall be adequate for the
purpose.
(3) Natural features, such as trees, brooks, hilltops and
view, shall be preserved whenever possible in designing any subdivision containing
such features. Whenever any native vegetation, such as bayberry bushes or
trees, cedar trees, holly trees, beach plums, etc., exist at the time of application
for a subdivision, such native vegetation shall be left intact insofar as
is possible and is consistent with the intended construction or use of the
tract following approval of the subdivision. This shall not be construed to
prohibit the normal maintenance of the grounds so as to render the tract or
portion thereof in a pleasing state of appearance to both owner and community.