This chapter shall be known and may be cited
as the "Land Subdivision and Site Plan Ordinance of the Borough of
Caldwell."
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision and site
development in the Borough of Caldwell in order to promote the public
health, safety, convenience and general welfare of the municipality.
It shall be administered to ensure 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 Borough of Caldwell Planning Board or Board
of Adjustment, whichever has jurisdiction of the development application,
in accordance with Chapter 291 of the Laws of New Jersey, 1975 (N.J.S.A.
40:55D-1 et seq.)
A.
The rules, regulations and standards set out in this
chapter shall be considered the basic requirements for the protection
of the public health, safety and welfare of the citizens of the Borough.
Any action taken by the Planning Board and the Borough Council under
the terms of this chapter shall give primary consideration to the
above-mentioned matters and to the welfare of the entire community.
B.
However, if the applicant 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 constitute undue hardship, the Planning Board and Borough Council may permit substantial compliance in lieu of literal compliance as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter, Chapter 250, Zoning, and other related ordinances.
For the purposes of this chapter, the terms
used herein shall have the meanings respectively ascribed to them
in this section:
The Zoning Enforcement Officer of the Borough of Caldwell.
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to Section 25 or 27 of Chapter 291, Laws of New Jersey, 1975 (N.J.S.A.
40:55D-34 or 40:55D-36).
The Borough of Caldwell Planning Board or Zoning Board when
acting pursuant to the authority of Chapter 291, Laws of New Jersey,
1975 (N.J.S.A. 40:55D-1 et seq.).
The Municipal Board of Adjustment of the Borough of Caldwell
established pursuant to Section 56 of Chapter 291, Laws of New Jersey,
1975 (N.J.S.A. 40:55D-69).
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
[Amended 7-13-1999 by Ord. No. 1073-99]
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 250, Zoning, and upon issuance of an authorization therefor by the Planning Board.
The Planning Board of Essex County.
A dead-end street with a turnaround at the end.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to Chapter 291,
Laws of New Jersey, 1975 (N.J.S.A. 40:55D-1 et seq.).
A zoning ordinance, land subdivision and site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to N.J.S.A. 40:55D-1 et seq.
[Amended 7-13-1999 by Ord. No. 1073-99]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
[Amended 7-13-1999 by Ord. No. 1073-99]
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, erosion and sedimentation.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision or site
plan which is presented to the Planning Board for final approval in
accordance with these regulations, and which, in the case of a subdivision,
if approved shall be filed with the proper county recording officer.
The Mayor and Council of the Borough of Caldwell.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken pursuant to Chapter 291, Laws of New Jersey, 1975 (N.J.S.A.
40:55D-1 et seq.) or whose rights to use, acquire or enjoy property
have been denied, violated or infringed by an action or failure to
act pursuant to Chapter 291, Laws of New Jersey, 1975.
Includes improvement and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by N.J.S.A. 40:55D-1
et seq., including but not limited to surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-13-1999 by Ord. No. 1073-99]
Any subdivision not classified as a minor subdivision.
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, pursuant to N.J.S.A. 40:55D-28.
[Amended 7-13-1999 by Ord. No. 1073-99]
A subdivision of land for the creation of no more than two
lots, including the remainder of tract fronting on an existing street,
provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to Section 30 of Chapter
291, Laws of New Jersey, 1975 (N.J.S.A. 40:55D-42).
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to adoption, revision or amendment of Chapter 250, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of Chapter 250, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
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.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Any individual, partnership, firm, association, syndicate
or corporation having sufficient proprietary interest in the land
sought to be subdivided or otherwise developed to commence and maintain
proceedings under this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Section 7.1 of Chapter 291, Laws
of New Jersey, 1975 (N.J.S.A. 40:55D-12).
Any security which may be accepted by the Borough, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-13-1999 by Ord. No. 1073-99]
The Municipal Planning Board of the Borough of Caldwell established
pursuant to Section 14 of Chapter 291, Laws of New Jersey, 1975 (N.J.S.A.
40:55D-23).
Map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.[1]
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, or the alteration of any streets or
the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or other instrument.
[Amended 7-13-1999 by Ord. No. 1073-99]
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans by the Planning
Board.
Standards adopted by ordinance pursuant to Section 52 of
Chapter 291, Laws of New Jersey 1975 (N.J.S.A. 40:55D-65) regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality; or required by
applicable federal or state laws or municipal ordinances.
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 this chapter;
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. The function of streets
shall be differentiated one from the other as follows:
ARTERIALA street that has a primary purpose of moving heavy traffic volumes, including significant regional traffic.
COLLECTOR STREETA street which carries traffic from local streets to the major system of arterials, as well as providing access to abutting land uses.
LOCAL STREETA street which primarily functions to provide access to abutting land uses.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Any individual, partnership, firm, association, syndicate
or corporation 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, 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
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;
and 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 Administrative Officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the municipality. The term "subdivision" shall also include
the term "resubdivision."
[1]
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48
and 40:55D-49.
