Chester City Zoning Code

All developers applying for subdivision or resubdivision have the option of submitting a concept plat in accordance with the requirements of this section.

All concept plats shall be prepared in accordance with the requirements of this chapter.

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.

Submission of plat.

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.

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.

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.

The preliminary plat shall serve as a key map to subdivisions subsequently laid out in sections on separate final plans.

All preliminary plats shall be prepared in accordance with the requirements of § 163-61B.

Procedure to be followed by the applicant. The preliminary plat shall be submitted to the administrative officer. The submission shall include the following:

Procedure to be followed for completeness:

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.

Procedure for approval.

Expiration of preliminary approval.

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.

The final plat itself shall be an accurate survey record of the properties resulting from the subdivision.

All final as-built drawings shall be prepared in accordance with the requirements of § 163-61C.

Procedure to be followed by the applicant.

Procedure to be followed for completeness:

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.

The Borough Engineer shall prepare and submit a report of findings for approving authority consideration and action prior to the hearing.

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.

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.

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.

The Chairman of the approving authority shall sign and date the final plat upon the following authorization:

The subdivider shall prepare and deliver to the approving authority secretary the corrected and signed final plat and drawings as follows:

The subdivider shall, within 95 days from the date of signed approval, file the signed original tracing with the Morris County Clerk unless extended.

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.

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.

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.

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.

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.

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.

All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.

The Tax Map sheet block and lot numbers.

All streets or roads proposed, mapped or built and streams within 500 feet of the subdivision.

The proposed pattern of any street layouts within the subdivided plat.

Key map, showing subdivision and its relation to surrounding areas.

Proposed connections with existing water supply and sanitary sewerage system, or alternative means of providing for water supply and sanitary waste disposal systems.

Proposed provisions for collecting and discharging water drainage.

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:

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.

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.

Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

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.

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.

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.

Minimum building setback line on all lots and other sites.

Location and description of all monuments.

Names of owners of adjoining unsubdivided land, with block and lot numbers.

Certification with appropriate places for signature and dates for:

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.

Final construction plans, including:

Certificate from Tax Collector that all taxes are paid to date.

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.

Names and locations of developments completed by subdivider and names and addresses of at least five business references.

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.).

Street signs. Street signs of the type and design to be approved by the approving authority shall be installed at all street intersections.

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.

Shade trees. Shade trees shall be located so as not to interfere with sidewalks or the installation and maintenance of utilities.

Topsoil protection. Topsoil protection shall be in accordance with the requirements of Chapter 251 and any local ordinance governing soil removal.

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.

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).

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.

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.

Minor streets shall be so designated as to discourage through traffic.

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.

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.).

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.

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.

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.

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.

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.

For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Lot dimension and area shall not be less than the requirements of the zoning ordinance.

Insofar as is practical, side lot lines shall be right angles to straight streets, and radial to curved streets.

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).

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.

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.

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.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

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.

Action on the application and ULIP shall be taken within 20 calendar days of receipt of all plan elements as required by this section.

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: