Chester City Zoning Code
ARTICLE VII
Subdivision of Land
§ 163-53 Approving agencies.
The approval provisions of this article shall be administered by the Borough in accordance with Chapter 291 of the Laws of New Jersey, 1975, except where ancillary jurisdiction shall apply.
§ 163-54 Subdivision approval requirements.
Approval of a subdivision plan shall be granted in the event that the subdivision plan complies with the following standards and regulations:
A.
The applicant has submitted an application, checklist and a plan containing all of the information and data as provided for in this chapter.
B.
The details of the subdivision plan in accordance with the standards of the zoning and subdivision sections of this chapter, and any amendments thereto and any and all other ordinances of the Borough and amendments thereto as may be in existence at the time of the application and in harmony with the adopted comprehensive Master Plan of the Borough.
C.
That all parking and traffic problems shall be resolved.
D.
That adequate provisions are made for drainage and stormwater to prevent any off-site damage.
E.
That reasonable screening, at all seasons of the year, of all playgrounds, parking and service areas, from the view of adjacent properties and streets be provided where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public.
F.
That the location, power, directions, and time of any outdoor lighting will not have any adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.
G.
That the details of the subdivision plan for the authorized use will be such that the operation will not offend the public interest.
H.
The Board may require applicant to contribute his prorated share of the cost of the necessary off-site improvements as more specifically provided in § 163-30.
I.
Evidence of approval of a soil erosion and sedimentation control plan as required by law.
K.
Proof of payment of taxes and all fees.
L.
Documentation of applications for development submitted to the approving authority shall include either a Letter of Interpretation (LOI) or Presence or Absence Determination issued by the NJDEP concerning freshwater wetlands and/or freshwater wetland transition areas regarding the subject tract.
§ 163-55 Conditions for approval of subdivision plans.
Subdivision plans. In approving a subdivision plan, the approving authority shall condition such approval upon approval by the following agencies:
A.
Approval of plans for water and sewer installation from the Borough Engineer and/or other applicable approving authority.
B.
Morris County Planning Board.
D.
Fire Prevention Bureau.
E.
Environmental Committee.
F.
Shade Tree Commission.
G.
Board of Health.
H.
Such other agencies as may have jurisdiction.
§ 163-56 Concept plat and procedures; taxes and assessments.
A.
Introduction.
(1)
All developers applying for subdivision or resubdivision have the option of submitting a concept plat in accordance with the requirements of this section.
(2)
All concept plats shall be prepared in accordance with the requirements of this chapter.
(3)
As a condition for subdivision approval, the applicant must submit proof from the Borough tax search officer or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which subdivision is sought.
B.
Procedures.
(1)
Submission of plat.
(a)
Fourteen paper prints, folded, together with 10 copies of an application, checklist and all other documents and a filing fee as required shall be submitted to the administrative officer. No subdivision shall be processed by the approving authority until the application is deemed complete. Upon receipt of a complete application, the administrative officer shall forward all copies of the application package to the secretary of the approving authority.
(b)
The secretary of the approving authority shall distribute the application package as follows:
(2)
After consideration of the recommendations of the subdivision committee and the Borough Engineer, the approving authority shall decide on the completeness of the application. If deemed complete, the application procedure can proceed. If deemed incomplete, the administrative officer shall so notify the applicant, in writing, of such with reasons for the incompleteness.
§ 163-57 Minor subdivision approval.
A.
Minor subdivision approval shall be granted or denied within 45 days of the date of completeness or within such further time as may be consented to by the applicant, or such further time as allowed by law due to any variances involved with the application. Failure of the approving authority to act within such time shall constitute minor subdivision approval.
B.
Whenever review or approval of the application by the County Planning Board is required, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
C.
Upon approval by the Morris County Planning Board, the applicant shall submit a deed description or plat map, drawn in compliance with Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.10 et seq.) to the approving authority for signatures.
D.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the minor subdivision, is filed by the developer with the Office of the Morris County Clerk.
E.
The approving authority may condition such approval on terms ensuring the provision of improvements pursuant to the terms of this chapter or any other ordinance so requiring such improvements.
§ 163-58 Preliminary plat approval.
A.
Introduction.
(1)
Fourteen copies of the preliminary plat and 10 copies of the application, checklist and all supporting documents for a proposed subdivision constitute the material to be officially submitted to the approving authority. They show the general design of the subdivision and its public improvements so that the approving authority can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities is completed. Approval of the preliminary plat does not constitute an approval of the final plat.
(2)
When revision of a preliminary plat is made, 14 prints of the revised preliminary plat shall be filed upon resubmission, so that the files of the approving authority and other Borough officials will be current.
(3)
The preliminary plat shall serve as a key map to subdivisions subsequently laid out in sections on separate final plans.
B.
Procedures.
(1)
Procedure to be followed by the applicant. The preliminary plat shall be submitted to the administrative officer. The submission shall include the following:
(2)
Procedure to be followed for completeness:
(a)
The Borough Engineer and Subdivision Subcommittee shall review the submittal for a determination of completeness and make a report to the approving authority. The approving authority shall review such reports and, after determining the status of completeness, direct the administrative officer to:
[1]
Inform the applicant in writing of the deficiencies in the application and that the application is incomplete. This shall be done within 45 days of the submission of the application or it shall be deemed to be properly submitted.
[2]
Notify the applicant that the application has been deemed complete and that a hearing date has been set.
(b)
Upon determination of a complete application, the administrative officer shall distribute the remainder as follows:
(c)
Upon submission of a complete application for a subdivision of 10 or fewer lots, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for subdivision of more than 10 lots, the approving authority shall grant or deny preliminary approval within 95 days of the date of submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval.
(3)
Notification. The applicant shall cause notice of a public hearing on the preliminary plan submission to be published in the official newspaper of the Borough at least 10 days prior to the date set by the approving authority for a hearing. The applicant shall give public notice of the hearing on the application pursuant to the requirements of § 163-36.
(4)
Procedure for approval.
(a)
A hearing shall be scheduled by the approving authority secretary and held no less than 10 days prior to the date the approving authority is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions of time as may be consented to by the applicant. The applicant shall be advised of the hearing date at least 20 days prior hereto. Such hearing shall be conducted in accordance with § 163-35.
(b)
Reports.
[1]
The Borough Engineer shall prepare and submit a report of finds for approving authority consideration and action prior to the hearing.
[2]
Whenever review or approval of the application by the County Planning Board is required, the Borough approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
[3]
Approval of the Soil Erosion and Sedimentation Control Plan as required by law.
(c)
A copy of the action taken by the Borough approving authority shall be forwarded to the applicant, or his representative who appeared for him, within 10 days of the hearing. Additional copies shall be provided as directed by the approving authority.
(d)
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the applicant of the approving authority without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
(e)
If the approving authority approves the preliminary plat, and all conditions have been met, the Chairman of the Board shall sign the preliminary plat original with a notation that it has received approval and shall then be returned to the applicant for compliance with final plat approval requirements as provided in this section; provided, however, that prior to the return of the original tracing the applicant shall have provided the Borough Engineer with a complete set of Mylar or other suitable base reproducibles of the preliminary plat.
(5)
Expiration of preliminary approval.
(a)
Approving authority approval of the preliminary plat shall expire three years after the date of such formal action, except that in cases of 50 acres or more, extension may be granted pursuant to N.J.S.A. 40:55D-49d, its amendments and supplements thereto.
(b)
Approving authority approval of the preliminary plat confers upon the subdivision applicant the following rights for a three-year period from date of approval:
[1]
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 sidewalk; lot size, 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 it relates to public health and safety.
[2]
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat.
[3]
That the applicant may apply for and the approving authority 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.
[4]
In the case of a subdivision for an area of 50 acres or more, the approving authority may grant rights referred to in Subsection B(5)(b)[1], [2] and [3] above for such period of time longer than three years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the approving authority may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall govern.
§ 163-59 Final plat approval.
A.
Improvements of guaranties prior to final approval. Payment of fees. Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under § 163-61 hereof, or the approving authority shall require the posting of adequate performance guaranties to assure the installation of those required improvements which are permitted to be installed after final approval in accordance with § 163-32 hereof. No final approval may be granted until all fees, including inspection fees, have been paid or deposited in accordance with Article V hereof.
B.
Introduction.
(1)
A final plat and supporting as-built drawings and documents for a proposed final subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the approving authority review of the preliminary plat, as well as the improvements and utility plans.
(2)
The final plat itself shall be an accurate survey record of the properties resulting from the subdivision.
C.
Procedures.
(1)
Procedure to be followed by the applicant.
(a)
The final plat shall be submitted to the administrative officer.
(b)
The submission shall include the following:
[1]
Ten copies of the application for final plat approval.
[2]
Fourteen paper prints of the final plat.
[3]
Evidence of the completion of all improvements except sidewalks and final paving course of all streets.
[4]
Five copies of a letter, in appropriate cases, directed to the Chairman of the approving authority, signed by a responsible official of the State or County Highway Department, approving construction on state or county rights-of-way.
[5]
Five copies of deeds of dedication for all properties, including street rights-of-way which are being offered to the Borough for dedication.
(2)
Procedure to be followed for completeness:
(a)
The Borough Engineer and Subdivision Subcommittee shall review the submittal for a determination of completeness and make a report to the approving authority. The approving authority shall review such reports and, after determining the status of completeness, direct the administrative officer to:
D.
Procedure for approval.
(1)
A hearing shall be scheduled by the approving authority secretary and held not less than 10 days prior to the date the approving authority is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions as may be consented to by the applicant. The secretary shall advise the applicant of the meeting date.
(2)
The Borough Engineer shall prepare and submit a report of findings for approving authority consideration and action prior to the hearing.
(3)
Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure to act within such time shall constitute approval.
(4)
Whenever review or approval of the application by the County Planning Board is required, the Borough approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(5)
If the plat is approved, the subdivider shall make all required corrections to the satisfaction of the approving authority prior to obtaining the Chairman's signature of approval.
(6)
The Chairman of the approving authority shall sign and date the final plat upon the following authorization:
(7)
The subdivider shall prepare and deliver to the approving authority secretary the corrected and signed final plat and drawings as follows:
(a)
Eight black on white paper prints and two Mylar reproducibles, which shall be distributed as follows:
[1]
Borough Clerk: one print.
[2]
Borough Engineer: one print.
[3]
Building Inspector: one print.
[4]
Tax Assessor: one print.
[5]
County Planning Board: one print and one Mylar reproducible.
[6]
Official issuing certificates for approved lots: one print.
[7]
Board of Health: one print.
[8]
Approving authority file: one paper print and one Mylar reproducible.
(8)
The subdivider shall, within 95 days from the date of signed approval, file the signed original tracing with the Morris County Clerk unless extended.
(9)
Approving authority approval of a final plat shall not be deemed to be acceptance by the Borough of any street or other land shown or offered for dedication to public use.
E.
Expiration of approval.
(1)
Approving authority approval of a final plat shall expire 95 days after the date of the approving authority resolution authorizing the Chairman to sign the drawings, unless the applicant shall have filed within that time period a copy of the plat with the County Recording Officer and delivered to the administrative officer a certification of such filing.
(2)
Upon application by the subdivider showing good cause, the approving authority may make an extension not to exceed 190 days of the approval; provided, however, that the plat is revised according to any change in regulations or ordinance applicable to the plat subsequent to the first resolution.
(3)
Expiration of an approval shall mean that any further action will require a new filing fee, as well as a review of all previous findings.
(4)
No final plat shall be accepted for filing by the County Clerk unless it has been duly approved by the Borough approving authority and signed by the Chairman.
§ 163-60 Waiver of requirements authorized.
Exception in application of subdivision regulation; simultaneous review and approval.
A.
The approving authority when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review, if the literal enforcement on one or more provisions of the ordinance is impracticable or will produce undue hardship because of peculiar conditions pertaining to the land in question.
§ 163-61 Plat details.
A.
Concept plat. The concept plat shall be based on Tax Map information or some other similarly accurate base at a scale of not less than 200 feet to the inch if possible, the entire tract shall be shown on one sheet and shall show or include the following information:
(1)
The location of the portion which is to be subdivided in relation to the entire tract and in relation to all properties adjoining the tract.
(2)
All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.
(3)
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet block and lot numbers.
(5)
All streets or roads proposed, mapped or built and streams within 500 feet of the subdivision.
(6)
The proposed pattern of any street layouts within the subdivided plat.
(7)
Key map, showing subdivision and its relation to surrounding areas.
(8)
Proposed connections with existing water supply and sanitary sewerage system, or alternative means of providing for water supply and sanitary waste disposal systems.
(9)
Proposed provisions for collecting and discharging water drainage.
B.
Preliminary plat.
(1)
The preliminary plat shall be designed in accordance with the provisions of this section in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the approving authority. For initial consideration by the approving authority prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design arrangement and dimensions of streets, lots, and other planned features as to form, size and location. It shall be drawn by a licensed (New Jersey) engineer or land surveyor at a scale of not less than one inch equals 100 feet. The information shown shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall show or be accompanied by the following information:
(a)
A key map showing the entire subdivision and its relation to surrounding areas.
(b)
A title block showing title of the plat, tract name, Tax Map sheet, block and lot number, date, sheet number and number of sheets and graphic scale.
(c)
The following names, addresses and facts:
(d)
Acreage of tract to be subdivided to nearest tenth of an acre.
(e)
Existing contours with intervals of two feet where slopes are less than 10% and five feet when 10% or more, referred to a USC & GS Datum to be indicated by dash line. Where any changes in contours are proposed, finished grades should be shown as solid lines. Cross-sections and center line profiles and plans for all proposed new streets.
(f)
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.
(g)
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(h)
After the general terms and conditions have been agreed upon but before tentative approval is granted, the subdivider must submit plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or proposed utility systems. When an individual water supply and/or sewage disposal is proposed, the plan for such system must 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 in accordance with state specifications and submit the results with the preliminary plat. Any subdivision or part thereof 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. Location of fire protection systems in accordance with § 163-47A(31).
(i)
Signature box for signatures and dates of approval for the Chairman and secretary of the municipal agency and the Borough Engineer.
(j)
Meets and bounds of all courses required to plot the entire tract.
(k)
All proposed lots bearing lot numbers assigned by the Borough Engineer. All lots shall be dimensioned and areas shown.
(l)
Lot lines, lot numbers and the full names of the owners of adjoining properties within 200 feet of the boundaries of the entire tract.
(m)
Block limits and zone district boundaries within the tract and within 200 feet thereof.
(n)
A schedule stating the proposed and required bulk zone standards.
(o)
All existing structures within the entire tract and within 200 feet thereof.
(p)
Stormwater management report and drainage calculations.
(q)
Site grading plan showing existing and finished contours for all proposed streets and lots.
(r)
Soil Erosion and Sediment Control Plan.
(s)
Delineation of floodplains, including both floodway and flood fringe areas; and delineation of all wetlands and wetland transition areas.
(2)
When the preliminary plat, which has been granted tentative approval, forms the basis upon which application for final approval will be made, such plat map and other accompanying engineering plans must be prepared by licensed professional engineer and a licensed land surveyor in compliance with all the provisions of Chapter 358 of the Laws of 1951 before the required improvements of the subdivision ordinance are installed or the performance guaranties for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.
(3)
No building permit for development of the subdivision proper, excepting such permits as are necessary for the installation of the improvement, shall be issued until final approval of the plat has been granted.
C.
Final plat. 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 provisions of the Map Filing Law, Chapter 141 of the Laws of 1960, N.J.S.A. 46:23-9.9 and following. 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 of land reserved or dedicated to public use shall be designated, and the proposed use of sited other than residential shall be noted.
(4)
Each block shall be numbered, and the lots within each block shall be numbered consecutively as shall be specified by the Borough Engineer upon consultation with the Tax Assessor.
(5)
Minimum building setback line on all lots and other sites.
(6)
Location and description of all monuments.
(7)
Names of owners of adjoining unsubdivided land, with block and lot numbers.
(8)
Certification with appropriate places for signature and dates for:
(a)
Engineer or surveyor as to accuracy of details of plat; name, address and license number of engineer or surveyor.
(b)
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.
(c)
Approval by the Borough Engineer.
(d)
By the Borough Clerk regarding the bonding or guaranty for required improvements.
(e)
By the Borough Clerk regarding the bonding or guaranty for setting of monuments.
(f)
By the Borough Clerk regarding the time set for filing of the map in the County Clerk's office.
(g)
Chairman and Secretary of the approving authority.
(9)
When approval of a plat is required by an officer or body of such a municipality, county or state approval shall be certified on the plat.
(10)
Final construction plans, including:
(11)
Certificate from Tax Collector that all taxes are paid to date.
(12)
The applicant, whether he be a person, firm or corporation, shall submit a financial statement setting forth the applicant's assets, liabilities and net worth, which statement shall be certified by a certified public accountant or a registered public accountant and in the case where the applicant is a corporation, the statement should also contain the names and addresses of the officers and directors of each stockholder owning 10%, or more, of the capital stock.
(13)
Names and locations of developments completed by subdivider and names and addresses of at least five business references.
§ 163-62 Improvements.
A.
Prior to the granting of final approval, the subdivider shall have installed the following:
(1)
Site improvements. All site improvements and appurtenant design and construction, including streets, roads, parking facilities, sidewalks, curbing, stormwater management and drainage structures, grading, water supply and sanitary sewers undertaken by a developer in connection with any residential subdivision, residential site plan or variance shall be in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21) as promulgated by the Commissioner of the New Jersey Department of Community Affairs pursuant to the authority of P.L. 1993, c. 32 (N.J.S.A. 40:55D-41.1 et seq.).
(2)
Street signs. Street signs of the type and design to be approved by the approving authority shall be installed at all street intersections.
(3)
Streetlighting. The subdivider shall install streetlighting facilities, the location, illuminating power, and design of which shall be approved by the Borough Engineer and the approving authority. The subdivider shall pay the costs of operating the streetlights until such time as the street upon which said lights are installed shall be accepted by resolution of the Mayor and Council as a public street of the Borough of Chester.
(4)
Shade trees. Shade trees shall be located so as not to interfere with sidewalks or the installation and maintenance of utilities.
(5)
Topsoil protection. Topsoil protection shall be in accordance with the requirements of Chapter 251 and any local ordinance governing soil removal.
(6)
Monuments. Monuments are to be of the size and shape required by the Map Filing Law, and shall be placed in accordance with said statute.
(7)
Water mains, gas mains, culverts, drains, storm sewers. In addition to the requirements as set forth in § 163-58A(1) herein, all such installations shall be properly connected with approved system and shall be adequate to handle all present and probable future development. The subdivider shall made a supply of water available to each lot within the subdivision. He shall also provide for the installation of fire protection systems and hydrants in a location approved by the Borough and in accordance with § 163-47A(31).
(8)
Electric and telephone utilities. These utilities shall be installed underground. The subdivider shall arrange with the serving utility for the underground installation of the utilities distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and condition incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utilities Commission and shall submit to the approving authority prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have therefore been installed, on the portion of the street involved, may be supplied with electric and telephone service from such overhead lines or extensions thereof by the service connections from the utilities overhead lines shall be installed underground. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 15 feet shall be provided.
B.
All other improvements shall be installed at locations and in accordance with Borough specifications and approved by the Borough Engineer. All improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least 72 hours prior to the start of the particular construction. No underground installation shall be covered until inspected and approved. No site clearing or grubbing or the removal or cutting of any vegetation, shrubs or trees or site grading shall be allowed for any project requiring subdivision approval until all necessary approvals have been granted, all necessary fees have been paid and notice given as required herein.
§ 163-63 Design standards.
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 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 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 Section 20 of Chapter 433 of the Laws of 1953 and shall be such as to lend themselves to the harmonious development of the municipality 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 designated as to discourage through traffic.
(3)
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the approving authority may determine appropriate.
(4)
All streets and appurtenant design and construction undertaken by a developer in connection with any residential subdivision, residential site plan or variance shall be in accordance with the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21) as promulgated by the Commissioner of the New Jersey Department of Community Affairs pursuant to the authority of P.L. 1993, c.32 (N.J.S.A. 40:55D-41.1 et seq.).
(5)
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 approving authority.
(6)
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 the ordinance 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.
(7)
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.
Block.
(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 the zoning ordinance and to provide for convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. 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 dimension and area shall not be less than the requirements of the zoning ordinance.
(2)
Insofar as is practical, side lot lines shall be right angles to straight streets, and radial to curved streets.
(3)
Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in § 163-63B(4) and (6).
(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 their intended use due to factors such as rock formations, flood conditions or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots.
E.
Public use and service areas.
(1)
In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easement shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
(2)
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
F.
Prior to the issuance of a construction permit by the Construction Official for any new structure on any undeveloped lot, a lot development permit (LDP) shall be applied for and issued by the Borough Engineer.
[Added 8-6-2001 by Ord. No. 2001-09]
(1)
Consideration of issuance of LDP shall be made upon submittal of an application form and five copies of an undeveloped lot improvement plan (ULIP) which shall be subject to review by the Borough Engineer, who may, with the consent of the applicant, refer the application and ULIP to the Planning Board for review and comment if he deems it to be necessary.
(2)
Action on the application and ULIP shall be taken within 20 calendar days of receipt of all plan elements as required by this section.
(3)
Plat details. The ULIP shall be prepared by a professional engineer or architect licensed in New Jersey; provided, however, that where ULIP involves drainage facilities for sites of 10 acres or more or involves stormwater detention facilities or involves a site traversed by a watercourse, the ULIP shall only be prepared by a New Jersey licensed professional engineer. The ULIP shall be drawn to a scale of one inch equals 30 to 50 feet. The ULIP shall be prepared in sufficient detail to show the following:
(a)
Key map based on the Official Tax Map of the Borough of Chester showing all areas within 500 feet of the lot, which is the subject of the intended improvement.
(b)
A topographic map of the subject lot and adjoining public and/or private streets showing two-foot contour intervals; provided, however, that when deemed necessary by the Borough Engineer for reason based upon good engineering practices, the map shall contain additional topographic information, including data and contours relative to adjacent lands within 200 feet of the subject lot.
(c)
The location of any existing streams, watercourses, ponds, storm sewers, delineated wetlands, delineated wetland transition areas, storm drainage detention and retention structure or areas, easements or drainage facilities which relate to drainage of stormwaters emanating from or affecting the subject lot. Where applicable, the information required should be as set forth pursuant to the requirements of N.J.A.C. 7:7A-1 et seq.
(d)
The location and details of any proposed storm sewers, ditches, swales, dry wells, detention and retention facilities or other drainage facilities, which are designed to dispose of stormwaters from the subject property. Drainage calculations to substantiate the adequacy of drainage facilities shall also be submitted.
(e)
The location of all existing and proposed new structures, including, but not limited to, buildings, swimming pools, tennis courts, garages, outbuildings, decks, patios, walkways, fences and other impervious areas.
(f)
The location, alignment, dimensions and construction details for any existing or proposed driveways, parking and turnaround areas.
(g)
The elevation of the finished garage floor, first floors and lowest floor of the proposed structures.
(h)
The location of all roof leader drains, dry wells, water supply wells, overhead and underground utility lines, and any individual subsurface sewage disposal systems.
(i)
All intended grading, cutting and/or filling represented by proposed contour lines at a corresponding two-foot interval, including changes in drainage pattern, drainage swales, structures, piping, railroad tie or rock walls or other retaining structures.
(j)
Calculation of the net volume of cut or fill material resulting from grading and excavation operations. The applicant shall identify sources of any proposed fill and methods and locations for disposal of any cut materials.
(k)
For proposed new driveway openings, the plan shall show sight distances along the intersected street measured in each direction.
(l)
The location of all wooded areas on the lot, and such details as may be required by Chester Borough ordinances relative to tree protection.
(m)
The location, size and specie of any proposed plants, trees, landscaping, ground cover, seedling or stabilization which have bearing upon the drainage of stormwaters emanating from or affecting the subject lot.
(n)
The net building envelope area.
(o)
The existing and proposed location, methods and details of any fire protection system, including but not limited to water supply lines, hydrants and water storage facilities.
(p)
The nature and volume of construction trash and debris, location and protection of temporary storage and methods of disposal of such trash and debris.
(q)
In addition to the details set forth above, the ULIP shall specify and contain any improvements required under the terms and conditions of prior subdivision or site plan approval, which have not been installed at the time, the application for a LDP is made.
§ 163-64 Violations and penalties.
A.
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 this chapter, the approving authority is required to act, such persons shall be guilty of a violation, and upon conviction thereof, for each and every violation, be subject to a fine of not more than $1,000. Each lot disposition so made shall be deemed a separate violation.
B.
In addition to any other penalty for the violation of this chapter, the Borough may institute and maintain a civil action for injunctive and other relief as is provided for by the Laws of the State of New Jersey.