[Amended by Ord. No. 273]
A. Required improvements After the granting of conditional approval of the final plat, but before final approval, the subdivider shall have installed or shall have furnished performance guaranties together with a satisfactory rime schedule for the completion of improvements in relation to the construction and occupancy of the buildings, to which schedule the issuance of certificates of occupancy shall be related, as follows
(1) Streets
(2) No topsoil shall be removed from the site or used as spoil Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting The requirements of the Alpine ordinance on topsoil removal shall be complied with
(3) Monuments shall be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statute
(4) Ordinance of the Borough of Alpine setting forth minimum requirements for the acceptance of streets 5
(5) Building code of Alpine 6
(6) Chapter 220, Zoning, of Alpine
(7) Water mains, culverts, storm sewers and sanitary sewers shall be properly connected with an approved system and shall be adequate to handle all present and probable future development All the above-listed improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved
B. Performance guaranty
(1) No final plat shall be approved by the Planning Board until the completion of all required improvements has been certified to the Planning Board by the Borough Engineer unless the person, firm, or corporation responsible for the work shall furnish a performance guaranty in the amount of 120% of the construction cost of the required improvements as estimated by the Borough Engineer, drawn in favor of the Borough of Alpine This performance guaranty shall be given to ensure compliance with the specifications of the borough, and shall also ensure the completion of the work to be undertaken
(2) The performance guaranty may be wholly in cash or an equivalent acceptable to the Council or the performance guaranty may consist of a performance bond which shall be issued by a bonding or surety company approved by the Council and in an amount equal to 120% of the estimated cost of construction as set forth by the Borough Engineer In addition to the surety bond there shall be deposited with the borough cash or an acceptable equivalent in an amount equal to 10% of the estimated construction costs All performance guaranties or bonds shall be subject to approval by the Borough Attorney as to form, sufficiency and execution
(3) The performance bond shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three years. The tune allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Borough Council by resolution As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined at of the rime of the passage of the resolution
(4) If the required improvements are not completed or corrected in accordance with the performance guaranties, the obligor and surety, if any, shall be liable thereon to the borough for the reasonable cost of the improvements not completed or corrected, and the borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements
(5) Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Council, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection The cost of the improvements as approved or rejected shall be set forth
(6) The Borough Council shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto no later than 65 days after receipt of the notice from the obligor of the completion of the improvements Where partial approval is granted, the obligor shall be released from all liability, pursuant to the performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements Failure of the Borough Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements
(7) If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed
(8) Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer
(9) The obligor shall reimburse the borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, and the borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection
(10) In the event that final approval is by stages or sections of development, pursuant to N.J.S.A 40 55D-38, the provisions of this section shall be applied by stage or section
(11) Upon completion of the construction, the person responsible for the work shall deliver to the Borough Council a maintenance bond in an amount equal to 25% of the performance guaranty indicated above This bond shall cover a period of two years from the day of the acceptance of the work The bond shall guarantee in general all workmanship and materials and shall specifically include curbs and sidewalks which have cracked, or are out of line or grade, and pavement which has settled due to faulty subgrade work The bond shall be approved by the Council after approval by the Borough Attorney as to form, sufficiency and execution
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 the proposals and conditions shown on the Official Map and the Master Plan The streets, drainage right-of-way, school sites, public parks and playgrounds shown on the Master Plan and Official Map shall be considered in approval of subdivision plats
B. Streets In general, streets should conform to the following requirements
(1) Conform to the Master Plan and Official Map as to approximate location and width
(2) Tend to form street pattern which will furnish as direct access as feasible from the homes to the center of the borough
(3) Be adapted to topographic features of the land The right-of-way width, grades, provisions as to culs-de-sac, curves, intersections and block length shall conform to the ordinance setting forth the minimum requirements for the acceptance of roads 7
(4) Afford connection for adjacent future development
(5) Be named so as to avoid ambiguity and confusion
(6) Street intersections shall be at right angles wherever possible and intersections of less than 70 (measured center line to center line) shall not be permitted
(7) Include dead-end streets only when unavoidable A cul-de-sac shall be no longer than 400 feet except when the four-hundred-foot maximum length would not accommodate a total of eight lots including corner lots In such a case the maximum length of the cul-de-sac shall be four times the required minimum lot width specified in Chapter 220, Zoning, for the district in which it is located On each cul-de-sac, a turnaround having an outside radius of at least 50 feet or satisfactory equivalent turning area shall be provided
(8) 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 Planning Board
(9) 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 this chapter 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
(10) Street jogs with center-line offsets of less than 125 feet shall be prohibited
(11) Where a subdivision abuts any one or more of the following highways, streets or proposed streets Palisades Interstate Parkway, Route 9-W, Proposed Bergen County East-West Highway, Hillside Avenue, Anderson Avenue, Closter Dock Road, or any route of comparable intermunicipal importance proposed in the Borough Master Plan or Official Map, the Planning Board may require either.
(a) A marginal access street along such highway or street, or
(b) Reverse frontage so that the lots contiguous to such highway or street will front on an internal street, with a buffer strip for planting provided along the highway or street, or
(c) Such other means of separating through and local traffic as the Planning Board may determine to be appropriate
(12) Right-of-way width, measured from lot line to lot line, shall not be less than 50 feet or as specified in the Master Plan or Official Map
(13) Grades of primary and collector streets shall not exceed 6% Grades on other streets shall not exceed 10% No street shall have a minimum grade of less than 1/2 of 1%
(14) No more than two streets shall cross at the same point
(15) In general, tangents of at least the following lengths shall be introduced between reverse curves
(a) On primary streets 200 feet
(b) On collector streets 100 feet
(c) On minor and marginal access streets 50 feet
(16) When street lines deflect by more than 10, they shall be connected by curves with at least the following center-line radii
(a) On primary streets 300 feet
(b) On collector streets 300 feet
(c) On minor and marginal access streets 100 feet
(17) Clear sight distance along the center lines of collector and primary streets shall be maintained at not less than 300 feet
(18) Access by street shall be provided for all lots in the subdivision and adjacent tracts The subdivider shall improve all streets to the limit of the subdivision
(19) Provision of half streets, except to complete existing half streets, is prohibited
(20) Drainage on all roads to be maintained so that the natural groundwater is not impaired by development Drainage facilities are to be provided where groundwater flow is impaired
C. Lots Applicable to both simple or minor and regular or major subdivisions
(1) The area and width of lots and setback requirements shall conform to the requirements of Chapter 220, Zoning
(2) Lot lines, other than street frontages, should be straight lines or follow topographic features
(3) Side lot lines should be at right angles to straight streets and radial to curved streets
(4) Intersecting property lines on corner lots adjacent to the street lines should be rounded with a curve of suitable radius, of at least 15 feet
(5) Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets which have been approved by the Mayor and Council for a lesser width in accordance with regulations of the borough
(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
(7) 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 Planning Board may, after adequate investigation, withhold approval of such lots
D. Public use and service areas
(1) Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and further width or construction, or both, as will be adequate for the purpose
(2) Natural features such as trees, brooks, hilltops and views and contour lines shall be preserved whenever possible in designing any subdivision containing such features.
E. Blocks Block lengths shall not be less than 500 feet nor more then 12 times the minimum lot width required for the zoning district in which the block is located, or 1,300 feet, whichever is greater Blocks along major highways and primary streets shall not be less than 800 feet long Public crosswalks 12 feet wide may be required for blocks longer than 1,000 feet from the ends of the culs-de-sac or elsewhere when required for public convenience, including the provision of walks giving access to schools and playgrounds
F. Utilities
(1) All properties shall be connected to a public sanitary sewer system and to a public water supply system if accessible
(2) Installation of all sewer, water and other utilities shall be in strict accordance with the engineering standards and specifications of the Borough Engineer, municipal authority of the utility concerned
(3) All utility facilities including telephone and electric lines, gas, water, and any and all other utility facilities which may be installed shall be installed underground This requirement shall apply to all zones whether residential, commercial or otherwise and to all types of structures whether residential, commercial, or otherwise, and to all types of utility installations and whether for private or public purposes or use. Temporary use for purposes of construction may be made of poles, overhead wires or aboveground conduits, provided the same do not interfere with public safety and are removed immediately after temporary use is ended
(4) Upon exceptional hardship being shown because of unusual topographic or other natural conditions, the Planning Board may recommend favorably to the Council that the foregoing requirements be waived in whole or in part as to permanent underground installation of utilities If the Council shall by majority vote of the entire body approve the recommendation of the Planning Board as to waiver, the waiver shall then be effected and deemed granted to the applicant
[Amended by Ord. No. 273; Ord. No. 4141
A. An application for subdivision of land shall be accompanied by a deposit to cover the cost of review services provided by the Borough Engineer, planning consultant, Borough Attorney, Board attorney and other borough personnel, the publication of notices and other required expenses The Borough Clerk shall place the deposit in the borough trust account in the name of the applicant and shall charge thereto all such disbursements The amount of the deposit shall be determined as follows
(1) Major subdivision
(a) Final plat, per lot $300
(2) Minor subdivision plat, per lot $300
B. Any unused portion of the deposit shall be returned to the applicant If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any approved plat is returned to the applicant The inspection fee deposit for the installation of improvements shall be 2% of the estimated improvement costs
C. An application for connection to a public sanitary sewer system located in an adjoining municipality shall be accompanied by a deposit of $2,500 to cover the cost of review services provided by the Borough Engineer, planning consultant, Borough Attorney, and other borough personnel, the publication of notices and other required expenses The Borough Clerk shall place the deposit in the borough trust account in the name of the applicant and shall charge thereto all such disbursements Any unused portion of the deposit shall be returned to the applicant If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any approved application is returned to the applicant [Added 5-20-1996 by Ord. No. 522]
[Amended by Ord. No. 273]
A. Failure to obtain subdivision approval 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 ordinance, the Planning Board or Zoning Board is required to act, such person shall be subject to a fine not to exceed $1,000 and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of NJSA 40 5513-55
B. Other violations In addition to the foregoing, the borough may institute and maintain a civil action
(1) For injunctive relief
(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A 40 5513-56 In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his/her assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land or within six years, if unrecorded
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the borough Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community However, if the subdivider or his/her agent can clearly demonstrate that, because of peculiar conditions pertaining to the land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter
