Borough of Fort Lee, NJ Article I General Provisions

§ 365-1 Title.

This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the Borough of Fort Lee."

§ 365-2 Purpose.

The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.

§ 365-3 Definitions.

A. 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.

[1]

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.

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

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,[2] 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.

[1] Editor's Note: See now N.J.S.A. 58:1A-1 et seq.

[2] Editor's Note: Chapter 434 of the Laws of 1953 was repealed by L. 1975, c. 291, effective 8-1-1976.

B. General referral to definitions in N.J.S.A. 40:55D-1 et seq. Whenever a term in this chapter which is defined in N.J.S.A. 40:55D-2 through 40:55D-7, inclusive, such term is intended to have the meaning set forth in the definition of said term as used in said statute, unless a contrary intention is clearly expressed from the context of this chapter.