Whenever a term is not defined in this chapter, it is intended
to have the meaning as set forth in P.L. 1979, c. 216, and any amendments
to that statute (N.J.S.A. 40:55D-1 et seq.), if defined by that statute.
In the event of a conflict between a definition in this chapter and
that contained in the statute, the definition in said statute shall
apply under and in accordance with the usual rules of statutory construction.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
The portion of a street intended for vehicular use.
An application form completed as specified by this chapter
and the rules and regulations of the Borough of Westville Land Use
Board and all accompanying documents required by this chapter for
approval of the application for development, including, where applicable,
but not limited to a site plan, provided that the Land Use Board may
require such additional information not specified in this chapter
or any revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the Land Use Board. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of the Land Use Board and
shall be deemed complete as of the day it is so certified by the administrative
officer for purposes of the commencement of the time period for action
by the Land Use Board.
A street with access closed at one end and with a vehicular
turnaround at the closed end.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, conversion, structural alteration, relocation or
enlargement of any building or other structure or of any mining, excavation
or landfill; and any use or change in the use of any building or other
structure or land or extension of use of land for which authorization
may be required pursuant to this chapter.
See definition in § 205-3, Definitions.
[1]The lands required for the installation of stormwater sewers
or drainage ditches; or lands 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 in accordance with N.J.S.A.
58:1A-1 et seq.[2]
A right granted for the use of private land for certain public
or quasi-public purposes; also, the land to which such a right pertains.
The official action of the Land Use Board taken on a preliminarily
approved site plan after all conditions, engineering plans and other
requirements have been completed or fulfilled and the required improvements
have been installed or guaranties properly posted for their completion,
or approval conditioned upon the posting of such guaranties.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
A development plan of one or more lots which:
Proposes new development within the scope of development specifically permitted by this chapter as a "minor site plan," as set forth under § 96-7 hereof;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
The official action of the Land Use Board taken on a minor
site plan which shall be deemed to be final approval by the Board,
subject to any conditions set forth in the governing resolution.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
or land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any security which may be accepted by the Borough, including
cash, provided that not more than 10% of the total performance guaranty
may be required in cash.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Land Use Board
and the applicant.
Land set aside for the use as a street, alley, crosswalk
or common means of communication, travel, utility or drainage.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter relating to review and approval of site plans by the Land
Use Board.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or Borough roadway,
which is shown upon a plat heretofore approved pursuant to law, which
is approved by official action as provided by statute or which is
shown 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 a Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.[3]
