This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the Borough of Alpine "

The purpose of this chapter shall be 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 It shall be administered to ensure the orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services

[Amended by Ord. No. 273]

The provisions of this chapter shall be administered by the Borough Planning Board, or Zoning Board of Adjustment where applicable, in accordance with N.J.S.A 40 55D-1 et seq , as amended and supplemented Hereunder, where the term "Planning Board" is used, this shall mean "Zoning Board of Adjustment' 'where such Board has jurisdiction

[Amended by Ord. No. 273; Ord. No. 279; Ord. No. 304]

As used in this chapter, the following terms shall have the meanings indicated

BLOCK - An area bounded by streets

CLEAR SIGHT DISTANCE - A line of unobstructed vision from a point 02 feet above the center line of a street alley to the nearest point on the top of an object four inches high on the same center line

DRAINAGE RIGHT-OF-WAY - The lands required for 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, to accordance with N.J.S.A 58.1 1

FINAL PLAT - The final map of all or a portion of the subdivision Much is presented to the Planning Board for final approval in accordance with thus chapter and which, if approved, shall be filed with the proper county recording officer

LOT - 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

MASTER PLAN - 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

MINOR OR SIMPLE SUBDIVISION - Any subdivision containing no more than two lots fronting on an existing street not involving a planned development, any new street or road, or the extension of any off-tract improvement, the cost of which is to be prorated, pursuant to N.J.S.A 40 55D-42, 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 220, Zoning, or this chapter No more than one minor subdivision shall be allowed on the same original property per two-year period

MINOR SUBDIVISION PLAT - The final map of a tumor subdivision which is presented to the Planning Board for approval to accordance with these regulations and which, if approved, shall be filed with the proper county recording officer

OFF-SITE - 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

OFF-TRACT IMPROVEMENTS - Water, sewer, drainage and street improvements serving a proposed subdivision or development, not located on the property of the subdivision or development, nor on a contiguous portion of a street or right-of-way

OWNER - Any individual, firm, association, syndicate, copartnership or corporation having title in land

PERFORMANCE GUARANTY - Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements

PLAT - The map of a subdivision

PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 195-6 of this chapter

REGULAR OR MAJOR SUBDIVISION - All subdivisions not classified as minor or simple subdivisions

STREET - 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 on a plat heretofore approved pursuant to law or approved by official action, 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 Planning Board and the grant to such Board of the power to review plats, and including 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

A. PRIMARY STREETS - Those which are used primarily for fast or heavy-traffic

B. COLLECTOR STREETS - Those which carry traffic from minor streets to the major system of primary streets, including the principal entrance streets of a residential development and streets for circulation within such a development

C. MINOR STREETS - Those which are used primarily for access to the abutting properties

D. MARGINAL ACCESS STREETS - Those which are parallel with and adjacent to primary streets and highways, and which provide access to abutting properties and protection from through traffic

E. ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street

SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any legal entity commencing proceedings under this chapter to effect a subdivision of land for himself or for another

SUBDIVISION - 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 if no new streets are created

A. 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

B. Divisions of property by testamentary or intestate provisions

C. Divisions of property upon court order, including but not limited to judgments of foreclosure

D. Consolidation of existing lots by deed or other recorded instrument

E. 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 Building Inspector to conform to the requirements of the borough development regulations and are shown and designated as separate lots, tracts or parcels on the borough tax map The term "subdivision" shall also include the term "resubdivision" "

A. Submission of minor subdivision plat [Amended by Ord. No. 273; Ord. No. 279]

(1) Any owner of land within the borough or his legally constituted agent shall, prior to subdividing or resubdividing land, where such subdivision is desired to qualify as a minor subdivision, submit to the Planning Board at least 10 days prior to the regular meeting of the Planning Board 14 copies of a minor subdivision plat, together with 14 copies of an application form, as required by the Board

(2) Minor subdivision approval shall be granted or denied by the Planning Board within 45 days of the date of submission of an application and sketch plat which fully meets the requirements of § 195-6 hereunder, or within such further time as may be consented to by the applicant If a variance is required, the tune for approval is 120 days Notice and public hearing are not required for a minor subdivision application unless a variance is required If approved by the Planning Board or Zoning Board of Adjustment, a notation to that effect will be made on the minor subdivision plat, Where County Planning Board approval is required, it will be forwarded to that Board for its consideration The plat will then be forwarded to the Chairman of the Planning Board or Zoning Board for his/her signature and returned to the subdivider within one week following the next regular meeting of the appropriate Board

(3) Before the Clerk returns any approved minor subdivision plat to the subdivider, the subdivider shall furnish the Clerk sufficient copies to furnish one copy each to the following

(a) Borough Clerk

(b) Borough Engineer

(c) Building Inspector or Zoning Officer

(d) Tax Assessor

(e) Secretary of the Planning Board

(f) County Planning Board

(g) Official designated to issue certificates of compliance

(h) Tax Collector

(i) Board of Health

(4) Either a deed or a plat map drawn in compliance with N.J.S.A 46 23-92 et seq shall be filed or recorded with the Bergen County Clerk within 190 days from the date of return of the approved plat

(5) If the minor subdivision plat is not approved, the proposed subdivider shall be notified of the reasons for such disapproval and whether the proposed subdivision could qualify for resubmission under the procedure for major subdivisions

B. Submission of preliminary plat of major subdivision for tentative approval [Amended by Ord. No. 273; Ord. No. 279; Ord. No. 304]

(1) At least 14 black and white prints of the preliminary plat, together with 14 application forms for preliminary approval, shall be submitted to the Planning Board two weeks prior to the Planning Board meeting at which a public hearing and consideration is desired

(2) The Planning Board shall determine if such application for a major subdivision is complete, as provided in § 195-6 hereunder If the application is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Planning Board or the Board's designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly e submitted If the Planning Board finds that the application is complete, the Secretary shall immediately notify the developer as to the date of the next meeting of the Board at which the application will be considered and a public hearing held thereon The applicant shall then give notice by newspaper publication and by giving additional notice to all persons entitled to notice of the hearing on the application in accordance with Chapter 35, Land Use Procedures, § 35-28, of this Code Such notice shall be given at least 10 days before the hearing If the Board requires any substantial amendment in the layout or improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice

(3) Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons

(a) County Planning Board

(b) Borough Engineer

(c) All members of Planning Board

(d) Board of Health

(e) Board Attorney

(f) Board planning consultant.

(g) Such other municipal, county or state officials as directed by the Planning Board

(h) If the preliminary plat lies within 200 feet of a municipal boundary, a copy of the plat shall be sent by the Secretary of the Planning Board to the Secretary of the Planning Board of the adjoining community A written statement shall be requested from the adjoining community indicating whether the proposed subdivision in the Borough of Alpine is in reasonable harmony with its plans for development The Secretary of the Planning Board of the adjoining community shall be informed of the date of the public hearing, and any communications received prior to this date shall be considered in relation to the approval or disapproval of the plat

(4) After the public hearing, the Board shall take formal action either approving or disapproving the preliminary plat within the time required by N.J.S.A 40 55D-48, viz, for a subdivision of 10 or fewer lots the Board shall grant or deny preliminary approval within 45 days of the date of the submission and in the case of a subdivision of more than 10 lots it shall grant or deny preliminary approval within 95 days of the date of such submission, or within such further rime as may be consented to by the developer If a variance is required, the time for approval shall be 120 days Otherwise the Board shall be deemed to have granted preliminary approval to the subdivision However, in no case shall Board approval be given before the expiration of the twenty-day period within which the County Planning Board may submit a report on said subdivision In all cases the recommendations of the County Planning Board shall be given careful consideration in the final decision of the Planning Board If the County Planning Board has approval pursuant to N.J.S.A 40 27-12,3 its action shall be noted on the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat If either the Borough Board or County Planning Board disapproves the plat, the reasons for disapproval shall be remedied prior to further consideration If approval is required by any other officer or public body, the same procedure as applies to submission for approval by the County Planning Board shall apply

(5) Preliminary approval shall except as hereinafter set forth confer upon the applicant the following rights for a three-year period from the date of such approval

(a) 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 sidewalks, lot size, and 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 relate to public health and safety

(b) That the applicant may submit for final approval on or before such expiration date of preliminary approval the whole of a section or sections of the preliminary subdivision plat

(c) That the applicant may apply for and the Board 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

C. Submission of final plat of major subdivision [Amended by Ord. No. 273; Ord. No. 279]

(1) The final plat shall be submitted to the Secretary of the Planning Board for final approval within the time limit specified in Subsection B(5) The Board shall act upon the final plat within 45 days after the date of submission for final approval A conditional approval will first be made, allowing the developer to proceed with the construction of streets and other improvements or the posting of bonds and guaranties such as may be agreed to by the Board Final approval will be given upon satisfactory completion of the improvements or posting of bonds Approval shall be conditioned on certification by the Bergen County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of c 251, L 1975, N.J.S.A 4 24-39 et seq

(2) The original tracing, 14 black and white prints and one copy of the application form for final approval shall be submitted to the Secretary of the Planning Board at least five days prior to the date of a regular Planning Board meeting Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board

(3) Before final approval of the final plat, a statement shall be submitted by the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one or both of the following

(a) Installed all improvements in accordance with the requirements of these regulations, or

(b) A performance guaranty has been posted with the Borough Clerk in sufficient amount to assure the completion of all required improvements

(4) Any plat which requires County Planning Board approval pursuant to N.J.S.A 40 27-2 shall be forwarded to the County Planning Board for its action prior to final approval

(5) Failure of the Planning Board to act within the allotted time, or a mutually agreed upon extension, shall be deemed to be favorable approval and the Borough Clerk shall issue a certificate to that effect

(6) Upon final approval, 16 black and white paper prints of the final plat map shall be furnished to the Planning Board for the preparation of agreements and for distribution to the following

(a) Borough Clerk

(b) Borough Engineer

(c) Building Inspector or Zoning Officer

(d) Tax Assessor

(e) Tax Collector

(f) County Planning Board

(g) Board of Health

(h) Superintendent of Public Works

(i) Planning Board files

In addition thereto, the following information shall be furnished for the borough files

[ 1 ] Final plat map

[a] Two imperial cloth tracings

[b] One eight-inch-by-ten-inch film negative reduction.

[c] Two eight-inch-by-ten-inch contact matte prints

[2] Plan and profile maps

[a] Two imperial cloth tracings

[b] Six black and white paper prints

[c] One eight-inch-by-ten-inch negative reduction of each

[d] Two eight-inch-by-ten-inch contact matte prints.

(7) Development map

(a) The Planning Board, at its option, may require five copies of a development map to be submitted to the Secretary of the Planning Board with the final plat Copies of the development map, if required, upon approval of the final plat, shall be filed in the office of the Borough Clerk, Building Inspector, Assessor, Engineer and Board of Health for their use. The development map shall be the same as the final plat, but shall contain the following additional information

[1] Location of each proposed building with grade level of lowest floor

Location of each proposed septic tank with grade level

[2] Setback and side yard dimensions

[3] Present and finished grade levels at any additional points required by the Borough Engineer

[4] Present and finished grade levels at house and lot lines

[5) Sidewalk lines and levels if sidewalks required

[6] Curb and pavement lines and grades

[7] Corner radii

[8] Bearings or radii of other than straight streets

[9) Location of catch basins

[10] Storm drams, with capacity, course and grade

[11] Points of disposal and manner of disposal of efflux

[ 12] Existing or proposed easements

[13] Tentative grades of streets

[14] Typical cross-section of streets showing all improvements.

[15] Location of trees, 10 inches or over, to be removed

[16] Any other matters required on preliminary sketch and with accuracy of detail consistent with final maps

[17] Contours at intervals of five feet elevation

[18] Plans and profiles of storm, sanitary sewers and water mains

[19] House numbers

(b) If the Planning Board requires a development plan which is to be checked by the Borough Engineer, the subdivider shall deposit a sufficient fee to reimburse the Engineer for his work The fee shall be commensurate with the work involved

(8) The final plat map, after final approval by the Planning Board, shall be filed by the subdivider with the county recording officer within 95 days from the date of such approval The Planning Board, for good cause, may extend the tune for plat filing for a period not to exceed 190 days

(9) No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the Borough Planning Board and signed by its Chairman

D. Construction of streets [Amended by Ord. No. 227]

(1) Duties of Borough Engineer

(a) The Borough Engineer shall design and lay out all work in construction of streets where the work or project is built or constructed by the borough or any contractor hired by the borough to perform work for it, and shall include all paving, curbs, sidewalks, sanitary sewers, storm drains, drainage systems, and any other structure in the streets The Borough Engineer shall in each case prepare all construction plans and profiles and shall set all grade stakes

(b) Where any work is to be performed by a private contractor or by a private developer, for the development of private property, either performing the work or luring a contractor to perform the work and as shown on a preliminary plat approved by the Planning Board, the work shall be subject to the inspection and approval by the Borough Engineer before it shall be finally approved or before any release or reduction of surety bonds for construction or maintenance of the streets by the borough The Borough Engineer shall be required to inspect all plans and specifications for construction and approve them prior to commencement of work

(c) The Borough Engineer shall not perform any work for or make any charges for work to be performed by any developer or contractor performing work in the borough for private development He shall maintain a status as engineer that shall not conflict with his/her duties as Borough Engineer

(d) The Borough Engineer shall submit vouchers for any work done by him/her to the borough detailing the work and the amounts to be charged therefor

(2) Compliance with standard specifications All construction of streets shall be in accordance with standard specifications of the borough which shall be in effect at the time construction is started

(3) Fees for private construction Any developer or contractor undertaking said street or related construction for private purposes shall deposit with the Borough Clerk a sum of money equal to 7% of the estimated cost of the improvements to cover all costs and expenses of inspection and supervision, engineering fees and legal expenses, except for preparation of the developer's agreement All expenses of the Borough Engineer and other expenses arising out of private construction of streets shall be charged against such funds received as provided in this paragraph and any funds not expended shall be paid to the developer

(4) Inspections by Borough Engineer The Borough Engineer shall perform the following inspections in connection with the certification of improvements within any development

(a) Prior to the start of any excavation work, the developer shall notify the Borough Engineer At the time the Borough Engineer shall inspect the construction location and grade stakes, original ground conditions and weather conditions and shall decide whether work is to proceed or be delayed

(b) During rough grade work the Borough Engineer shall conduct periodic inspections of work progress and investigate any subsurface conditions that are encountered If, during the course of construction, unforeseen conditions, such as springs, aquifer layers, high groundwater tables and miscellaneous unknowns are encountered, it shall be at the discretion of the Borough Engineer whether or not the developer shall install additional catchbasins, storm drams, french drams, or any other drainage appurtenance

(c) The Borough Engineer shall inspect all drainage trenches and storm dram pipes prior to any backfilling of the trenches The storm dram pipes, pipe joints and pipe bedding shall be inspected by the Engineer before the trenches can be backfilled All trenches shall be backfilled and tamped in accordance with standard specifications approved by the Borough Engineer

(d) The Borough Engineer shall inspect excavation, subbase and pouring of curbs and sidewalks Construction shall conform to plans and specifications and the tickets for these delivered-on-the-site materials shall be inspected to determine the quantities used

(e) The Borough Engineer shall inspect and check the materials and amount of materials used for the subbase material Materials shall conform to the requirements as set forth on the plans and specifications When approval is given by the Borough Engineer, the work may proceed

(f) The Borough Engineer shall inspect final pavement construction work during the course of construction The pavement shall be constructed in accordance with the requirements as set forth on the plans and specifications as adopted by resolution of the Mayor and Council

(g) The Borough Engineer shall inspect the site of grading of individual lots so as to avoid the creation of low spots on lawns and driveways

(h) The installation of concrete monuments shall be inspected by the Borough Engineer

(i) Utilities shall be inspected by the Borough Engineer in conjunction with the various utility companies concerned

(j) The Borough Engineer shall perform tree inspection in conjunction with the Building Inspector to prevent the unnecessary destruction of trees of four inches diameter and greater

(k) It shall be the responsibility of the Borough Engineer to file inspection reports of every inspection he makes with the Secretary of the Planning Board and Mayor and Council