For the purposes of this chapter, the terms used herein
are defined as follows:
APPLICANT
A developer submitting an application for development.
DRAINAGE RIGHTS-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.
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 by the
applicant with the proper county recording officer.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
MAINTENANCE GUARANTY
A security, other than cash, in the form of an irrevocable
standby letter of credit or, upon the determination by resolution
of the governing body, as required under unique circumstances, an
equivalent instrument of security which may be accepted for the maintenance
of any improvements required by this chapter or N.J.S.A. 40:55D-1
et seq.
[Amended 12-21-1989 by Ord. No. 21-89]
MASTER PLAN
A composite of the mapped and written proposals as provided
for in the Municipal Land Use Law, Chapter 291 of the Laws of New
Jersey 1975, or any amendment thereof, recommending the physical development
of the Borough, which shall have been duly adopted in whole or in
part by the Planning Board.
MINOR SUBDIVISION
Any subdivision of land that does not involve the creation
of more than three lots, planned development, any new street or road
or extension of any off-tract improvement.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Law,
Chapter 291 of the Laws of New Jersey 1975, or any prior act authorizing
such adoption. 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.
PERFORMANCE GUARANTY
A security in the form of cash not to exceed 10% of the total
and the remainder in the form of an irrevocable standby letter of
credit or, upon the determination by resolution of the governing body
as required under unique circumstances, an equivalent instrument of
security.
[Amended 12-21-1989 by Ord. No. 21-89]
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision for tentative approval and meeting the requirements of Article
VI of this chapter.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
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.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board adopted pursuant to Article 6 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-37 et seq.).
[Added 3-21-1991 by Ord. No. 3-91]
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 of Article
VI of this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Borough 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 which includes the land between
the street lines, whether improved or unimproved, and which 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:
(2)
SECONDARY STREETSThose which carry traffic from minor streets to the system of major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
(3)
MINOR STREETSThose which are used primarily for access to the abutting properties.
(4)
MARGINAL ACCESS STREETSStreets which are parallel and adjacent to major streets and highways and which provide access to abutting properties and protection from through traffic.
(5)
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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. 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, 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, 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 of the Borough of Kinnelon. The term "subdivision" shall also
include the term "resubdivision."
[Amended 7-17-1980 by Ord. No. 8-80]
SUBDIVISION COMMITTEE
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 having such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.