This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of Rahway."
The purpose of this chapter is to provide rules, regulations and standards
to guide land subdivision in the city in order to promote its public health,
safety, convenience and general welfare. It shall be administered to ensure
orderly growth and development, conservation, protection and proper use of
land and adequate provision for circulation, utilities and services.
The provisions of this chapter shall be administered by the Municipal Planning Board or as otherwise required in Chapter 53, Land Use Procedures.
This chapter shall not be construed to repeal Chapter 421, Zoning, or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
B.
DRAINAGE RIGHT-OF-WAY
FINAL PLAT
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OWNER
PERFORMANCE GUARANTY
PLAT
PRELIMINARY PLAT
SKETCH PLAT
STREET
SUBDIVIDER
SUBDIVISION
SUBDIVISION COMMITTEE
The following words, terms or phrases, when used in this
chapter, shall have the meanings ascribed in this section:
The lands required for the 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, in accordance with N.J.S.A. 58:1-1 to 58:1-34.
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and meeting the requirements of § 369-9 and which, if approved, shall be filed with the proper county recording officer.
A designated parcel, tract or area of land established by a plat
or otherwise as permitted by law, to be used, developed or built upon as a
unit.
Any subdivision not classified as a "minor subdivision."
A subdivision of land that does not involve the creation of more
than two lots, planned development, any new street or extension of any off-tract
improvement.
Located outside of 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.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application
or on a contiguous portion of a street or right-of-way.
Any individual, firm, association, syndicate, copartnership or corporation
having sufficient proprietary interest in the land sought to be subdivided
to commence and maintain proceedings to subdivide the same under this chapter.
Any security which may be accepted by a municipality, including cash,
provided that a municipality shall not require more than 10% of the total
performance guaranty in cash.
A map or maps of a subdivision.
The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Clerk of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of § 369-8 of this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 369-7 of this chapter.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other
way which is an existing state, county or municipal roadway or which is shown
upon a plat heretofore approved pursuant to law or which is approved by official
action as provided by law 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 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. For the purpose of this chapter, "streets"
shall be as classified in the Municipal Master Plan.
Any individual, firm, association, syndicate, copartnership, corporation,
trust or any other legal entity commencing proceedings under this chapter
to effect a subdivision of land hereunder for himself or for another.
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; and conveyances so as to combine existing lots by deed or
other instrument. The term "subdivision" shall also include the term "resubdivision."
A Committee of at least three Planning Board members appointed by
the Chairman of the Board for the purpose of classifying subdivisions in accordance
with the provisions of this chapter and performing such other duties relating
to land subdivision as may be conferred on the Committee by the Board.
