Roselle City Zoning Code
ARTICLE VII
General Subdivision Provisions
§ 650-31 Purpose.
The purpose of Article VII shall be to provide rules, regulations and standards to guide land subdivision in Roselle Borough in order to promote the public health, safety, convenience and general welfare of said Borough and to carry out the objectives of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). It shall be administered to ensure the orderly growth and development, protection and proper use of land and adequate provisions for circulation, utilities and services within the jurisdiction of Roselle Borough.
§ 650-32 Approving authority.
B.
Zoning Board of Adjustment. The provision of Article VII shall be administered by the Zoning Board of Adjustment in applications before the Zoning Board of Adjustment involving variances provided for in N.J.S.A. 40:55D-70d on which subdivision approval would be required. For such applications, any reference in Article VII to the Planning Board shall be considered to refer to the Zoning Board of Adjustment, where applicable.
§ 650-33 Applicability of requirements.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of Roselle Borough. No building permit, certificate of occupancy or other required permit shall be issued except in accordance with an approval of the subdivision and its improvements granted pursuant to this Article VII, unless modified in accordance with § 650-34 below.
§ 650-34 Exceptions.
A.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions and waivers from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of this Article VII if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to the literal enforcement of one or more provisions of this Article VII, it is impracticable or will exact undue hardship.
B.
A building permit or certificate of occupancy may be issued if all improvements have been installed or completed except the finish course of the road, and the Borough Engineer warrants that completion of the road is in the Borough's interest after the subdivider has completed construction of the dwellings and structures. The maintenance guaranty required shall not begin until the finish course has been installed.
C.
The Construction Code Official may also authorize the issuance of a temporary certificate of occupancy if the following improvements have been bonded but not yet installed: landscaping, sidewalks, other similar improvements.
D.
In major subdivisions where three or fewer new building lots are involved as part of a development application, the Planning Board, upon request of an applicant, shall have the power to defer requirements for the installation of public improvements or posting of improvement guarantees for such improvements, provided that:
(1)
The applicant clearly demonstrates that such improvements are not reasonably immediately necessary to ensure the public health, safety or welfare of residents or potential residents of the lots involved or existing residents of the adjacent areas. In establishing the basis for a deferment, the Planning Board may take into account a report from its engineer, planner or other advisers or agencies it deems appropriate as to when such improvements may be necessary in the public interest and as to the timing of improvement activities by adjacent landowners or other public agencies which would require installation of the subject subdivision improvements to complete a development scheme for the adjacent area.
(2)
Any deferment granted shall not relieve the applicant or any subsequent owners of the initial tract from which the new lots are being created from the responsibility for the installation or payment of a pro rata share of the ultimate costs of installation of improvements related to and benefiting the lots of the subject development application. Such deferred liability shall be enforced in connection with an off-tract improvement pursuant to the Municipal Land Use Law and this chapter at the time of the development of the remainder of the initial tract or the development of any other related tract, or as otherwise provided by law.
(3)
The final plat, Planning Board final approval resolution and individual lot deed instruments shall stipulate the terms and conditions of any such deferments. In addition, recordable agreements may be required at the option of the Planning Board.