This chapter shall be known and may be cited
as "The Land Subdivision Ordinance of the Borough of Dumont."
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 and the inhabitants thereof. 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.
The approval provisions of this chapter shall
be administered by the governing body after favorable referral by
the Joint Land Use Board in accordance with Section 14 (N.J.S.A. 40:55-1.14)
of Chapter 433 of the Laws of 1953.
This chapter shall not be construed to repeal the provisions of Chapter 455, Zoning, of this Code or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
[Amended by Ord. No. 867]
As used in this chapter:
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 1 of Title 58 of the Revised Statutes, the amendments thereof and supplements thereto (N.J.S.A. 58:1-1 to 58:1-34).
The final map of all or a portion of the subdivision which
is presented to the Joint Land Use Board for final approval in accordance
with regulations established by this chapter and which, if approved,
shall be filed with the proper county recording officer.
Refers to the duly constituted Joint Land Use Board of the
Borough.
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. NOTE. For construction of term "lot," see Loechner v. Campoll,
49 N.J. 504, 510 (1967).
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Joint Land Use Board.
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, Chapter 455, Zoning, of the Code of the Borough of Dumont or of this chapter.
A map adopted in accordance with the Official Map and Building
Permit Act (1953), Chapter 434 of the Laws of 1953 (N.J.S.A. 40:55-1.30
et seq.), or any prior act authorizing such adoption. Such map shall
be deemed conclusive with respect to the location and width of the
streets, public parks and playgrounds and drainage rights-of-way shown
thereon.
Any improvement to an area not located on the property which
is the subject of a development application or on a contiguous portion
of a street or right-of-way.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Joint Land Use 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 Borough Clerk for Joint Land Use Board consideration and tentative approval, and meeting the requirements of § 386-24 of this chapter.
A privately owned strip of land of less width than the lot
depth permitted by the applicable zoning regulations and bounded on
one side by a proposed street and on the other by the boundary of
a subdivision.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification, and meeting the requirements of § 386-23 of this chapter.
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 as provided in N.J.S.A.
40:55-1.17 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 Joint Land Use 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,
sidewalks, parking areas and other areas within the street lines.
For the purpose of this chapter, "streets" shall be classified as
follows:
Arterial streets are those which are used primarily
for fast or heavy traffic.
Collector streets are those 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.
Minor streets are those which are used primarily
for access to the abutting properties.
Marginal access streets are streets which are
parallel with and adjacent to arterial streets and highways; and which
provide access to abutting properties and protection from through
traffic.
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.
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.
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,
however, that no new streets or roads are involved:
Divisions of land for agricultural purposes
where the resulting parcels are three acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
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"Subdivision" are includes resubdivision, and,
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
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A committee of at least three Joint Land Use Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
for performing such other duties relating to land subdivision as may
be conferred on the Committee by the Board.
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 Joint Land Use Board and governing body 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 agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impracticable or will exact undue
hardship, the Joint Land Use Board and the governing body 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.
