For the purposes of this chapter, unless the
context clearly indicates a different meaning, the terms hereinafter
set forth shall be defined as follows:
APPLICANT
A developer submitting an application for development.
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in the ordinance 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 municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
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 municipal agency.
[Added 2-26-1980 by Ord. No. 80:3]
CONCEPT PLAN
A site plan submitted by an applicant for the purpose of
an optional, informal and nonbinding review of a proposed development
by the Planning Board.
[Added 3-14-2000 by Ord. No. 2000:6]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by
the Planning Board.
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, 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 permission may be required pursuant to the Municipal
Land Use Law.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law.
FINAL APPROVAL
The official action of the Planning Board and Board of Adjustment,
when applicable, taken on a preliminary approved major subdivision
or 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.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and, in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under the Municipal Land Use Law, or whose rights to
use, acquire or enjoy property under said law or under any other law
of this state or of the United States have been denied, violated or
infringed by an action or a failure to act under the Municipal Land
Use Law.
LAND
Includes improvements and fixtures on, above or below the
surface.
LOT
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.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28 of the Municipal Land Use Law.
MAYOR
The chief executive of the municipality.
MINOR SITE PLAN
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of this Act (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 ordinance for approval of a minor site plan have been met.
[Amended 2-26-1980 by Ord. No. 80:3]
MINOR SUBDIVISION
A subdivision of land for the creation of no more than three
lots; provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to Section 30 of the Municipal
Land Use Law (N.J.S.A. 40:55D-42).
[Amended 2-26-1980 by Ord. No. 80:3; 3-14-2000 by Ord. No. 2000:6]
MUNICIPAL AGENCY
The Municipal Planning Board or Board of Adjustment or governing
body when acting pursuant to this chapter.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under ยงย
225-32.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The official action of the Planning Board taken after sketch plat approval and before final approval. "Preliminary approval" also means the conferral of certain rights pursuant to ยงย
225-16 of this chapter prior to final approval after specific elements of a development plan have been established and also means the first stage of approval of a major site plan.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RESUBDIVISION
The further division or relocation of lot lines or any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
SITE PLAN
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 ordinance
requiring review and approval of site plans by the Planning Board.
SKETCH PLAT
A sketch map indicating the proposed layout of a subdivision
and related information that is of sufficient accuracy to be used
for the purpose of discussion and classification.
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 within
the meaning of this chapter if no new streets are created: 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; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and 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 administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
[Amended 2-26-1980 by Ord. No. 80:3]
VARIANCE
Permission to depart from the literal requirements of the
Zoning Ordinance as provided for in this chapter.