This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the Township of Delran."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision in the Township
of Delran in order to promote the public health, safety, convenience
and general welfare of the Township. It shall be administered to insure
the orderly growth and development, the conservation, protection and
proper use of land and adequate provision for circulation, utilities
and services.
The provisions of this chapter shall be administered in accordance with the provisions of Chapter 37, Land Use Procedures, and the New Jersey Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the administration and interpretation of
this chapter, the following words and phrases shall have the meanings
set forth, unless a contrary meaning clearly appears from the context:
The official action of the Planning Board taken on a preliminary
approved plat after all requirements, conditions, engineering plans,
etc., have been completed and the required improvements have been
installed or performance guaranties properly posted for their completion.
A plat that receives such final approval must have been prepared by
a licensed professional engineer and a licensed land surveyor and
is the map which must be filed with the County Clerk within 90 days
after such action in order to make the approval binding.
The official action taken on a preliminary plat by the Planning
Board meeting in regular session which determines whether or not the
map submitted is in proper form and meets the established standards
adopted for design layout and development of the subdivision. Such
preliminary approval confers certain irrevocable rights upon a subdivider
for a period of three years on condition that the general terms and
conditions specifically agreed upon will be fully met and, further,
that the final plat be submitted for final approval within a three-year
period of time.
The Delran Township Planning Board. The term "board" shall
also include the Zoning Board of Adjustment where the Zoning Board
of Adjustment is exercising the powers of the Planning Board pursuant
to the New Jersey Land Use Law, N.J.S.A. 40:55D-1 et seq.
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.
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, and fronting upon an approved street.
A composite of the mapped and written proposals recommending
the physical development of the Township which has been duly adopted
by the Planning Board.
A map adopted in accordance with the provisions of N.J.S.A.
40:55D-32 and 40:55D-33. Such map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks
and playgrounds and drainage rights-of-way shown thereon.
Any person 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 in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body which approves a plat, including performance bonds,
acceptable escrow agreements and other similar collateral or surety
agreements approved in substance and in form by the board solicitor
and the board.
The map of a subdivision.
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 which, if approved, shall be filed with
the proper recording officer.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Secretary of the Planning Board
for Planning Board consideration and preliminary approval, and meeting
the requirements of this chapter.
The preliminary map of a subdivision of sufficient accuracy to be used for the purpose of discussion, and meeting the requirements of Article VI, Plat Details, of this chapter.
A map prepared from actual surveys giving all pertinent survey
data for the outside boundary and all blocks within the subdivision.
It shall also show the locations and dimensions of all streets and
show easements within or contiguous to the property with deed or dedication
reference and it shall conform to the detailed regulations as specified
in this chapter.
A map which shows all utility easements, sanitary sewers,
storm drains, open drainage channels, water and gas mains, telephone
and electric service trunk lines and railroads, and conforms to the
specifications as outlined in this chapter.
A map that gives the location of the existing principal roads,
built-up areas, nearby shopping centers, all public buildings and
various zoning districts, and conforms to detailed specifications
as outlined in this chapter.
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 upon 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 Clerk
prior to the appointment of a Planning Board and the grant to such
board of the power to review plats and include 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:
CONTROLLED ACCESS HIGHWAYSThose streets that are used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSThose streets which are used primarily for fast or heavy traffic.
MAJOR THOROUGHFARESThose streets which are used primarily for heavy local and through traffic.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
COLLECTOR STREETSThose streets which carry traffic between minor streets and major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.
MARGINAL SERVICE STREETSThose streets which are parallel or adjacent to controlled access highways or major thoroughfares, and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any person commencing proceedings under this chapter to effect
a subdivision of land hereunder.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development. The following
divisions shall not be considered subdivisions, provided that no new
streets or roads are involved: divisions of land for agricultural
purposes where the resulting parcels are three acres or larger in
size and meet zoning requirements as to frontage and access; divisions
of property by testamentary or intestate provisions; or divisions
of property upon court order. "Subdivision" also includes resubdivision,
and, where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
All subdivisions not classified as minor subdivisions, and
any other subdivisions, whether otherwise classified as a minor subdivision,
regardless of the number of lots contained therein, which provide
for utilization of any parcel of land which had been included in a
tract previously subdivided within a four-year period of the date
of the application.
Any subdivision containing not more than three lots, including the remaining portion of the original lot, parcel or tract fronting on an existing street, not involving any new street or road, not requiring the extension of Township facilities, nor requiring the improvements enumerated in Article VII, Improvements, of this chapter, 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 355, Zoning, or this chapter. The Planning Board shall have the option of requiring the improvements as set forth in Article VII, Improvements, and Article VIII, Design Standards, of this chapter in lieu of classifying an application as a major subdivision.
The minor subdivision map indicating the proposed layout of the subdivision and which contains all of the information required by Article II, Minor Subdivision Procedure, of this chapter, which is submitted to the Secretary of the Board for Board appraisal and meeting the legal requirements of Article II of this chapter, and which, if approved, shall be filed with the proper recording officer.
Shows contours, existing buildings and other structures,
watercourses, wooded areas, location of test pits or borings, and
conforms to the specifications as outlined in this chapter.
[Added by Ord. 2000-18; amended 5-23-2006 by Ord. 2006-6]
