The purpose of this article 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 of the Borough. It shall be administered to insure
the orderly growth and development, the conservation, protection and
proper use of land and adequate provision for circulation, utilities
and services.
As used in this article, 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 Chapter
16A of Title 58 of the Revised Statutes (N.J.S.A. 58:16A-1 et seq.).
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
See §
186-3.
[Amended 7-17-1979 by Ord. No. 1134]
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board.
MINOR SUBDIVISION
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, the Zoning Ordinance of this chapter.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit Act, N.J.S.A. 40:55D-32 et seq., or any other act authorizing
such adoption. Such a map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks, and playgrounds,
and drainage right-of-way shown thereon.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceeding to subdivide
the same under this chapter.
PERFORMANCE GUARANTEE
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, provided
that the Borough shall not require more than 10% of the total performance
guaranty in cash.
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the administrative officer for Planning Board consideration and tentative approval and meeting the requirements of §
186-89B.
[Amended 7-17-1979 by Ord. No. 1134]
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 §
186-89.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action or a street or way
on a plat duly filed and recorded in the office of the county recording
officer prior of the appointment of Planning Board and including the
grant to such Board of the power to review plats and includes the
land between the street lines whether improved or unimproved, and
may comprise pavement, shoulders, gutters, sidewalks, parking areas
and other areas within the street lines. For the purpose of this chapter,
streets shall be classified as follows:
A.
Arterial streets are those which are used primarily
for fast or heavy traffic.
B.
Collector streets are those which carry traffic
from minor streets to the major system of arterial streets including
the principal entrance to streets of a residential development and
streets for circulation within such a development.
C.
Minor streets are those which are used primarily
for access to the abutting properties.
D.
Marginal access streets are streets which are
parallel to and adjacent to arterial streets and highways and which
provide access to abutting properties and protection from through
traffic.
E.
Alleys are minor ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
The division of a lot, tract, or parcel of land into two
or more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development, except that
the following divisions shall not be considered subdivisions, provided
that no new streets or roads are involved: divisions of land for agricultural
purposes where the resulting parcels are five acres or larger in size;
divisions of property by testamentary or intestate provisions; divisions
of property upon court order; conveyance so as to confine existing
lots by deed or other instrument. "Subdivision" also includes resubdivision
and, where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this article, and such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to §
186-90 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in §
186-91I of this chapter. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in §
186-91I of this chapter, the approving attorney may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to §
186-90 of this chapter for the section granted final approval.
The subdivider shall observe the following requirements
and principles of land and subdivision in the design of each subdivision
or portion thereof.
The subdivision plat shall conform to design
standards that will encourage good development patterns within the
Borough. Where either or both an Official Map or Master Plan has or
have been adopted, the subdivision 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 plans. Street and drainage rights-of-way shall be shown
on the final plat in accordance with Section 20 of Chapter 433 of
the Laws of 1953 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.
To defray engineering expenses and other expenses
incidental to the proper processing and recording of subdivisions
or resubdivisions, and to insure proper supervision of all work, the
following schedule of fees is to be paid by the applicant or the developer
in connection with all subdivisions and improvements:
A. Preliminary plat submission; escrow fund.
(1) At the time of submission of the preliminary plat,
the subdivider shall pay a fee of $100. In addition, he shall set
up an escrow fund with the escrow agent. This fund shall be used to
pay the fees of professional personnel employed to process, review
and make recommendations on the proposed preliminary plat. The amount
of the fund shall be computed as follows:
(a)
For the first 10 lots: $10 per lot.
(b)
For the next 40 lots: $5 per lot.
(c)
For the next 50 lots: $2 per lot.
(d)
For all additional lots: $1.50 per lot.
(2) The balance, if any, shall be returned to the subdivider,
upon written request, after final approval of the subdivision by the
Mayor and Council.
B. For an engineering or other expert examination and
reporting on a final plan which contains new streets, the subdivider
shall pay a fee of $50 for streets up to 300 linear feet and $50 for
each additional 300 linear feet or fraction thereof, payable on presentation
of final plans.
[Amended 7-17-1979 by Ord. No. 1134]
C. In addition, he shall add to the escrow fund an amount
equal to $35 per lot to be used to pay the fees of professional personnel
employed to process, review, and make recommendations on the final
plat and to inspect and improve construction of all site improvements,
which shall be refundable in whole or in part.
D. Cost of all prints required by regulations, payable
prior to filing plans in county. For subdivisions on existing streets
when a written report is required, a fee of $10 per lot, minimum fee
$30, payable with preliminary presentation of map.
E. A fee of $25 shall be paid for examining and processing
minor subdivisions, plus an escrow deposit of $50 for legal and engineering
fees, if any, which shall be refundable in whole or in part.
When two or more contiguous lots are being developed
as a single building lot, the application for site plan approval shall
be accompanied by an application for resubdivision and shall be noted
on the Tax Map. Such application for resubdivision shall be handled
first by procedures established by the Subdivision Ordinance. No part
of the lot thus created shall be sold or transferred without approval
from the Planning Board.
The approval of the site plan shall be granted
by the Planning Board upon its determination that the site plan complies
with the statutes of the state, the resolutions of the county and
the ordinances of the Borough and with the following standards and
regulations:
A. The Planning Board shall take into consideration the
public health, safety and the general welfare, the comfort and convenience
of the public in general and the residents of the immediate neighborhood
in particular, and may attach such conditions and safeguards as a
precondition to approval of the site plan, as in its opinion, will
further the general purpose and intent of this chapter.
B. The applicant has submitted a site plan containing
all the required information.
C. The details of the site plan are in accord with the
law of the state, county and Borough, including the local Master Plan,
Official Map, floodplain and other ordinances as may be in existence
at the time of the application.
D. All trafficways to and from the public street are
adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners, schools or places
of public assembly; and other safety considerations as determined
by the Police Department.
E. Circulation shall be adequate to provide safe accessibility
to all required off-street parking and loading areas and for emergency
vehicles as determined by the Police and Fire Departments.
F. All playground, parking and service areas are reasonably
screened, at all seasons of the year, from the view of adjacent residential
lots and streets and that the general landscaping of the site is in
character with the generally prevailing scheme of the neighborhood.
G. Drainage, sewer lines, retaining walls, culverts and
other capital improvements are adequate as determined by the Borough
Engineer.
H. Trees and other natural features shall be protected
during construction and preserved to the greatest extent possible.
I. Provisions shall be made for the safe and adequate
drainage of the surface runoff waters in and out from the premises
so that flooding and erosion of the property and the property of others
will be prevented. Unless otherwise provided by the Board, drainage
facilities shall be designed on the basis of a recommendation of the
Borough Engineer.
J. Provision shall be made for the regulation of land
in floodplain/way areas.
K. Provision shall be made for the indoor and enclosed
storage of garbage and refuse. Garbage containers, other than cans
and plastic bags, including dump-type on wheels and large truck body
pickup and transfer units, shall be maintained on site and shall not
be placed within the public right-of-way.
L. The lighting of the building, of the property and
of all signs on the property shall be such as not to produce glare
at the exterior lots lines of the premises and that the height of
any light source on a commercial, industrial or public facility or
within the property shall not exceed 18 feet. The traffic circulation
patterns shall be such as to eliminate to the extent possible any
glare from the lights of autos onto the adjacent property.
M. Drainage, sewer lines, retaining walls, culverts,
and other capital improvements are adequate measured by accepted engineering
design standards or Borough regulations and that all required improvements
on the site plan are completed prior to final approval, or subsequent
to approval after posting adequate bonding.
N. All playground, parking and service areas and parking
lots are reasonably screened at all seasons of the year from the view
of residential lots and streets or from those most likely to be exposed
to the property as determined by the Board.
O. There is a harmonious relationship between the development
of the site and existing development of contiguous land and adjacent
neighborhoods; that there is a harmonious location of principal and
accessory buildings in relation to the site and in relation to one
another.
P. Each loading space shall conform to the requirements
of existing zoning regulations as nearly as may be practicable and
be located in such a position as to cause the least hindrance to internal
circulation of traffic and the least noise and aesthetic disturbance
to the public and neighboring property owners. No loading space shall
be located in a position in which any vehicle using the space will
block the free passage of pedestrians or vehicles or the public right-of-way.
Q. The Board shall approve the most appropriate location
for on-site parking, considering the size and topography of the property,
safety factors, adequate buffering, aesthetics and the elimination
of glare, dust and noise caused by traffic.
R. Paving shall be in conformity with Borough standards.
Curbs shall be concrete and adequate in size and location to direct
surface water runoff away from neighboring properties and toward approved
drainage systems.
S. Natural resources shall be preserved to the fullest
extent possible.
T. Provisions shall be made for the security of employees,
residents of neighboring properties and visitors to the property as
recommended by the Police Department.
U. Provisions shall be made for required open spaces
as established in existing zoning regulations.
V. Sidewalks and curbs shall be provided where needed
to protect the safety of pedestrians.
W. Provisions for the protection and conservation of
soil from erosion due to excavation and grading shall be made to meet
state requirements.
X. Outside storage when permitted by the appropriate
board shall be shielded from public view and protected by adequate
fencing and screening.
Upon a finding of the Planning Board that, due
to a special condition peculiar to a given site, certain data normally
required is inappropriate or unnecessary, or that strict compliance
with any requirements would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon, the applicant,
the Board may vary or waive such requirements.
The Planning Board shall within 45 days after
receipt of the site plans from the Construction Official approve or
disapprove the proposed development with respect to adequacy of planning
standards for the site. Site plan approval shall expire one year after
approval is granted.
[Amended 12-15-1987 by Ord. No.
2038]
A. Minor subdivision application fees shall be $50.
B. Application fee for variances classified in accordance with Article
V, §
186-29A(3), and N.J.S.A. 40:55D-70c shall be $50.
C. Applicants shall be required to pay for all engineering
and legal fees including, but not limited to, charges to the municipality
for amendments to the Tax Map.
D. Applicants are required to establish an appropriate
escrow account with the municipality to cover anticipated engineering,
legal and expert fees incurred by the municipality including, but
not limited to, any charges to the municipality for amendments to
the Tax Map.
E. A fee of $300 is required with all applications for
site plan review.
If, before favorable site plan approval, any person clears the site, constructs or begins construction of any new building, or extends a building where a new use is involved, such person shall be subject to a penalty provided for at §
186-105.