This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the Township of Hardyston."
The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision in the Township in order to promote the public health, safety, convenience and general welfare of the Township. It shall be administered to ensure the 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 Township of Hardyston Planning Board and, where permitted by statute, the Zoning Board of Adjustment in accordance with all applicable provisions of N.J.S.A. 40:55D-1 et seq.
As used in this chapter, the following words shall have the meanings hereinafter set forth:
The developer submitting an application for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat.
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.
The process of subdividing or obtaining site plan review. It may also refer to the improvement of land and, in proper context, to a subdivision.
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream of water 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. 58:16A-50 et seq. (the Flood Hazard Area Control Act).
The official action of the Planning Board taken on an approved preliminary plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements installed or bonds properly posted for their completion. A plat that receives such final approval must have been prepared by a licensed professional engineer and a land surveyor in compliance with all the provisions of N.J.S.A. 46:23-9.9 et seq. and is the map which must be filed with the County Clerk in accordance with N.J.S.A. 40:55D-54 in order to make the approval binding.
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.
[1]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 purchase of sale, lease or separate use.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
Any subdivision containing not more than five lots, other than the balance of the tract remaining, fronting on an existing street, not involving any new streets, roads or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property, and not conflicting with any provision or portion of the Master Plan Official Map of the Township. Not more than five lots shall be approved as a minor subdivision during a period of 12 months immediately prior to the making of application for the approval of any minor subdivision, and any application for approval of lots in addition to the subdivision of a total of five lots in any twelve-month period may be approved only as a major subdivision.
The final map of a minor subdivision which is presented to the Planning Board for approval and which if approved shall be filed with the proper county recording officer.
A map adopted in accordance with the provisions of 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 street, public parks and playgrounds and drainage right-of-way shown thereon.
Located outside 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 the closest half of the street or right-of-way abutting the property of which the lot is a part.
[Amended 7-18-2000 by Ord. No. 2000-14]
Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
Water, sewer, drainage and street improvements 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 and excluding any abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
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 and, for the purpose of this chapter, shall include developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.
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 but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-18-2000 by Ord. No. 2000-14]
The map of a subdivision.
The official action taken on a preliminary plat by the Planning Board meeting in regular session which determines whether or not the maps submitted are in proper form and meet the established standards adopted for design, layout and development of the subdivision. Such preliminary approval confers upon a subdivider all rights provided for by virtue of the provisions of N.J.S.A. 40:55D-49.
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 requirements of Chapter 33, Land Use Procedures.
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
[Amended 7-18-2000 by Ord. No. 2000-14]
The further division or relocation of lot lines of 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.
Any avenue, street, boulevard, road, land, 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 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, gutter, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
CONTROLLED ACCESS REGIONAL HIGHWAYSThose that are used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
MAJOR STREETSThose which are used primarily for heavy local and through traffic.
COLLECTOR STREETS Those which carry traffic from minor streets to the major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETS Those 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 side of properties otherwise abutting on a street.
An applicant for development.
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 act, if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairperson 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 7-18-2000 by Ord. No. 2000-14]
A committee of at least three Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing applications for subdivisions and site plans in accordance with the provisions of this chapter for the purpose of determining whether the applications are complete, and if application for minor subdivision, to approve such applications in accordance with § 158-5B.
[1]
Editor's Note: The definition of "large lot subdivision," which immediately followed this definition, was deleted 7-18-2000 by Ord. No. 2000-14.