As used in this chapter, the following terms shall have
the meanings indicated:
DRAINAGE RIGHT-OF-WAY
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 Chapter One of Title 58 of the Revised
Statutes of the State of New Jersey.
FINAL PLAT
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 County Recording Officer.
LOT
A designated parcel or portion of land separated from other parcels,
or portions by description as on a, subdivision plat or record or survey map
or by metes and bounds for purpose of sale, lease or separate use.
MASTER PLAN
A composite of the mapped and written proposals recommending the
physical development of the Borough which shall have been duly adopted pursuant
to N.J.S.A. 40:55D-28.
MINOR SUBDIVISION
A subdivision of land for the creation of not 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 N.J.S.A. 40:55D-42.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building Permit
Act, Chapter 434 of the Laws of 1953, or any prior Act authorizing such adoption, or pursuant to N.J.S.A.
40:55D-32 et seq. Such a 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.
OWNER
Any individual, firm, partnership, copartnership, association, corporation,
syndicate, trust or any other legal entity having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings to
subdivide the same under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement that
certain improvements be made before the Planning Board or other approving
body approves a plat, including performance bonds, escrow agreements and other
similar collateral or surety agreements, provided that no more than 10% of
the total performance guaranty shall be required to be paid in cash.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision
which is submitted to the Borough Clerk for Planning Board consideration and
tentative approval and meeting the requirements of this chapter.
RESUBDIVISION
(1)
The further division of relocation of lot lines of any lot or lots within
a subdivision previously made and approved or recorded according to law; or
(2)
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.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used
for the purpose of discussion and classification and meeting the requirements
imposed hereunder.
STREET
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 this Act; 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 classified as follows:
(1)
Arterial streets are those which are used primarily for fast or heavy
traffic.
(2)
Collector streets are those which carry traffic from minor streets to
the major system of arterial streets, including the principal entrance streets
of a residential development and streets for circulation within such a development.
(3)
Minor streets are those which are used primarily for access to the abutting
properties.
(4)
Marginal access streets are streets which are parallel to and adjacent
to arterial streets and highways and which provide access to abutting properties
and protection from through traffic.
(5)
Alleys are minor ways which are used primarily for vehicular service
access to the back or the side or properties otherwise abutting on a street.
SUBDIVIDER
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 another.
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.
(1)
The following shall not be considered subdivisions within this chapter,
if no new streets are created:
(a)
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;
(2)
Divisions of property by testamentary or intestate provisions;
(3)
Divisions of property upon court order, including but not limited to
judgments of foreclosure;
(4)
Consolidation of existing lots by deed or other recorded instrument;
and
(5)
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of such are found and certified by the Building Inspector to conform to the requirements of Chapter
410, Zoning, and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Borough.
(6)
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board members (or Board of
Adjustment, where exercising subdivision jurisdiction) appointed by the Chairman
of the Board for the purpose of classifying subdivisions in accordance with
the provisions of this chapter, and such other duties related to land subdivision
which may be conferred on this Committee by the Board.