Township of Mount Laurel, NJ Article I General Provisions

§ 138-1 Short title.

This chapter shall be known and may be cited as the "Land Subdivision Ordinance of Mount Laurel Township, 1971."

§ 138-2 Purpose.

[Amended 12-1-2003 by Ord. No. 2003-29]

The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in Mount Laurel Township 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 provisions for circulation, utilities and services. Another purpose is to acquire open space land for passive and active uses so as to implement the objectives of the Recreation and Open Space Plan set forth in the Master Plan.

§ 138-3 Definitions and word usage. [1]

A. Words in the present tense include the future tense. Words in the plural shall include the singular, and words in the singular shall include the plural. "Building" includes structure and shall be construed as if followed by the words "or part thereof." "Shall" and "will" are mandatory: "may" is permissive.

B. Unless otherwise expressly stated, the following words or terms shall, for the purpose of these regulations, have the meanings indicated:

APPLICANT

Same as "subdivider."

APPROVAL, FINAL

The approval granted by the Township Planning Board to a final plat of a major subdivision.

[Amended 8-21-2000 by Ord. No. 2000-13]

APPROVAL, TENTATIVE

[Amended 8-21-2000 by Ord. No. 2000-13]

The approval granted by the Township Planning Board to a preliminary plat for a major subdivision.

(1) That the general terms and conditions under which the preliminary approval was granted will not be changed.

(2) That said applicant may submit on or before the expiration date the whole or part or parts of said plat for final approval.

AS-BUILT PLANS

Plans which show the exact location and elevation of all improvements which have been made a part of the subdivision. This shall include but not necessarily be limited to water mains, sanitary and storm sewers, underdrains, culverts, electric lines, telephone lines, etc.

BLOCK

An area bounded by three or more streets or as delineated on the current Tax Map.

CARTWAY

Same as "roadway."

COMPREHENSIVE PLAN (MASTER PLAN)

See "Master Plan."

COUNTY

The County of Burlington, State of New Jersey.

COUNTY PLANNING BOARD

The Planning Board of the County of Burlington.

DEVELOPER

Same as "subdivider."

DRAINAGE RIGHT-OF-WAY

The lands required for the installation and/or maintenance of storm 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 1 of Title 58 of the New Jersey Revised Statutes.

DWELLING UNIT

Any structure or part thereof designed to be occupied as living quarters as a single housekeeping unit.

EASEMENT

A right-of-way granted but not dedicated for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

FLOODPLAIN ORDINANCE

An ordinance delineating and regulating encroachments, such as but not limited to buildings in the relatively flat area adjoining waterways.

HISTORIC SITE

Any area which has been designated as a historic site or district and as such is subject to restriction from demolition or renovation in accordance with the provisions of the Township ordinances and enabling legislation.

INDUSTRIAL STREET

See "street, industrial."

INDUSTRIAL SUBDIVISION

See "subdivision, industrial."

INTERIOR WALK

Same as "pedestrianway."

LOCAL

Of or pertinent to Mount Laurel Township.

LOT

A parcel or portion of land in separate ownership, separated from other parcels or portions by description, by metes and bounds, by a survey map or by a subdivision of record, which has been recorded on the official Tax Maps of Mount Laurel Township at the time of passage of this chapter or for which a subdivision has been approved subsequent to passage of this chapter. The remaining portion of any subdivided parcel shall also be counted as a lot.

MAINTENANCE GUARANTY

Any security which may be accepted by the Township Council or other approving body after the final acceptance of improvements installed by the developer. This includes maintenance bonds and other similar collateral or surety agreements.

[Amended 8-21-2000 by Ord. No. 2000-13]

MASTER PLAN

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.

MINOR SUBDIVISION

See "subdivision, minor."

MUNICIPAL (MUNICIPALITY)

Of or pertinent to Mount Laurel Township.

MUNICIPAL UTILITIES AUTHORITY

The Mount Laurel Township Municipal Utilities Authority.

OFFICIAL MAP

A map adopted in accordance with the Official Map and Building Permit Act (1953) (N.J.S.A. 40:55-1.30).[2] Such a map shall be deemed to be conclusive with respect to the location and width of the streets and the location and extent of public parks, playgrounds, scenic and historic sites, drainage rights-of-way and flood control basins shown thereon.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation, trust or 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.

PEDESTRIANWAY

A right-of-way easement provided for the purpose of pedestrian access and passage.

PERFORMANCE GUARANTY

Any security which may be in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PERSON

Includes a corporation, unincorporated association and a partnership, as well as an individual.

PLANNING BOARD

The Planning Board of Mount Laurel Township, New Jersey.

PLAN OF IMPROVEMENTS

A plan showing all improvements, such as storm drainage, sanitary storage, water systems, streets, curbs, sidewalks, lighting pedestrian ways and landscaping, on one or more sheets of common scale.

PLAT

The map of a subdivision.

PLAT, FINAL

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

PLAT, PRELIMINARY

The map indicating the proposed layout of the subdivision which is submitted to the Secretary for Planning Board consideration and tentative approval and meeting the requirements of Article III of this chapter.[3]

ROADWAY

The portion of a street right-of-way, paved or unpaved, intended for vehicular use.

SECRETARY

The Secretary of the Planning Board, Mount Laurel.

SITE

A parcel or portion or other division of land which may reasonably be separated from other parcels or portions of land by description, which is used or is intended to be used for a separate use, lease, tenancy or occupancy.

SITE PLAN APPROVAL

Prior to the excavation for construction of or issuance of any permit by the Building Inspector or Zoning Officer of the Township for any building, structure or use within the Township, with the exception of a single-family dwelling in a residential zone, site plan approval for the proposed building, structure or use must be obtained from the Planning Board of the Township of Mount Laurel. The review by said Board can be concurrent with or after subdivision approval, but must be obtained before a building permit can be issued. The review will be in accordance with and pursuant to the Mount Laurel Township ordinance dealing with site plans.[4]

SITE PLAN ORDINANCE

An ordinance providing for the review of plans for construction prior thereto.[5]

SITE PLAN REVIEW ADVISORY BOARD

An advisory board to the Planning Board appointed by the Council to formulate uniform rules and procedures for site plan review and to review site plans and report and recommend to the Planning Board.

SOIL EROSION AND SEDIMENT CONTROL ORDINANCE

An ordinance regulating the excavation or removal of soil.[6]

STATE

The State of New Jersey or any of its agencies.

STREET

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 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified by the Planning Board using the following guidelines:

(1) CONTROLLED ACCESS HIGHWAY Those streets which are four-lane; are used by through traffic; permit no access from abutting property and no parking within the right-of-way; and have a three-hundred-foot right-of-way and a seventy-eight-foot cartway.

(2) INDUSTRIAL ROAD Those streets which are used to carry traffic through an industrial subdivision; have a sixty-foot right-of-way and a forty-foot cartway; and where no parking is permitted within the right-of-way.

(3) MAJOR ARTERIAL STREET Those streets which are used primarily for fast or heavy traffic and are highway connections with the rest of the metropolitan area, have a one-hundred-twenty-foot right-of-way and a sixty-foot cartway, with no parking permitted in the right-of-way.

(4) PRIMARY STREET Those used for heavy local and through traffic, having an eighty-six-foot right-of-way and a forty-six-foot cartway, with no parking permitted within the right-of-way and having islands or storage lanes provided to facilitate turning movements.

(5) COLLECTOR STREET Those which carry traffic from minor streets to the major system of primary and arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development. They have a sixty-six-foot right-of-way and a forty-six-foot cartway, and parking is permitted on both sides of the right-of-way. "Collector streets" shall not connect two different primary streets.

(6) LOCAL FEEDER STREETS Streets which serve abutting properties and carry traffic from within residential areas to collector street or arteries. They have a sixty-foot right-of-way and a forty-foot cartway, and parking is permitted on both sides of the cartway.

(7) MINOR STREETS Those which have the primary function of serving abutting properties within residential areas. They have a fifty-foot right-of-way and a thirty-four-foot cartway, with parking permitted on both sides thereof, and shall serve a maximum of 18 dwelling units.

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 for another.

SUBDIVISION

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 division of land for agricultural purposes where the resulting parcels are five acres or larger in size, divisions of property by testamentary of intestate provisions or divisions of property under court order shall not be considered subdivisions under the meaning of this chapter, provided that no new streets or roads are involved and written certification presented by the applicant establishing that such division of land, by the owner, is for one of the aforementioned purposes, said certification having been approved by the Planning Board. The transfer of title of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, shall not constitute a subdivision of land when such lots tracts or parcels all conform to the requirements of the municipal planning and zoning ordinances and regulations issued thereunder and are shown and designated as separate lots, tracts or parcels on a duly approved and recorded plat.

[Amended 8-21-2000 by Ord. No. 2000-13]

SUBDIVISION, AGRICULTURAL

A division of lands wherein both parcels are used for agricultural purposes, where the only buildings to be erected thereon, if any, are for agricultural purposes exclusively and are not to include residential uses, and where both parcels are five acres or larger in size, said subdivision being exempt from the subdivision requirements if no new streets or roads are involved.

[Amended 8-21-2000 by Ord. No. 2000-13]

SUBDIVISION COMMITTEE

Three members of the Planning Board appointed by the Chairman, with the approval of the Planning Board, who are empowered to classify and approve minor subdivisions by unanimous affirmative vote. The Subdivision Committee shall assume any additional duties relating to land subdivision which may be conferred upon this Committee by the Planning Board.

SUBDIVISION, INDUSTRIAL

A division of a lot, tract or parcel of land into sites, lots or other divisions of land for the purpose, whether immediate or future, of sale or building development for industrial usage. An industrial subdivision shall not be accorded a minor subdivision treatment regardless of the number of lots involved. However, after approval of an industrial subdivision as a result of following the major subdivision procedures, the interior divisions of the aforesaid industrial tract shall be treated as minor subdivisions regardless of the number thereof, provided that they shall meet the criteria as set forth under the definition of "subdivision, minor," excluding Subsection (6) thereof, which pertains to the number of prior subdivisions.

SUBDIVISION, MAJOR

All subdivisions not classified as agricultural, industrial or minor subdivisions.

SUBDIVISION, MINOR

A rearrangement of lot lines which does not create any additional lots, or a subdivision, containing not more than three lots, sites or other divisions of land, which meets the following criteria:

(1) Does not involve the extension of any municipal facilities, including:

(a) New streets.

(b) Paving or other improvements of existing streets, including removal of shade trees.

(c) New or improved water and sewer lines.

(d) New or improved public facilities.

(2) Does not front on any major street. "Major streets," for the purpose of this chapter, are streets classified as controlled access highways, major arterials, primary streets or collectors.

(3) Does not, in the opinion of the Planning Board, adversely affect the development of the remainder of the parcel by:

(a) Restricting access or street frontage.

(b) Creating awkward or difficult to develop parcels by reason of shape, size, location and physical characteristics of the site.

(c) Unduly restricting the types of potential uses of the remainder of the tract.

(4) Does not, in the opinion of the Planning Board, adversely affect adjoining property by reason of:

(a) Possible nuisance factors of noise, smoke, glare, intensity and time of operation, privacy invasion, etc.

(b) Excessive traffic generation.

(c) Destruction of natural features.

(d) An adverse effect upon existing drainage patterns.

(5) Does not, in the opinion of the Planning Board, adversely affect the present or future development of the Township by reason of:

(a) Conflict with the proposals of the Master Plan regarding types of land use, intensity of land use, density of populations, circulation requirements, community facilities, open space preservation and recreation needs.

(b) Conflict with any provision of the Official Map.

(c) Conflict with any provision of the Zoning Ordinance.[7]

(d) Conflict with any portion of this chapter.

(6) Does not constitute a subdivision or a resubdivision of any lot, tract, site, parcel or other division of land or portion thereof which had previously been subdivided subsequent to passage of this chapter or within the five years prior to the submission of subdivision application, whichever is less. If such prior subdivisions have taken place, both the prior subdivision and the application for additional subdivision shall be considered a single subdivision application for the purpose of classification. In the instance where a subdivision contains not more than three lots, sites or other divisions of land, but fails to meet no more than two of the first five criteria for a minor subdivision, the Planning Board may, at its discretion, classify the subdivision as minor, subsequent to receipt of any documentation, guaranty or proof of improvement installation as the Planning Board may require.

TOWNSHIP

See "municipality."

TRACT

A parcel or portion or other division of land which is, in whole or in part, proposed for subdivision and composed of a portion of one lot or one or more contiguous lots in the same ownership. Lots separated by easements, streets or other public rights-of-way shall be considered contiguous for the purpose of this chapter.

TRAFFIC IMPROVEMENT DISTRICT

That area of land consisting of more than 100 acres of contiguous land zoned under the Mount Laurel Township Zoning Ordinance[8] for commercial, industrial, or high-density residential, the development of which is determined by the Planning Board by resolution as creating a significant impact on the traffic distribution throughout the area so designated.

[Added 3-16-1987 by Ord. No. 1987-3]

TRAFFIC IMPROVEMENT PLAN

That regional plan developed by the Planning Board, the Township Engineer, the Township Planner and such other professional advisers as are available to the Planning Board, designed to facilitate the distribution of traffic and the providing of the necessary infrastructure and facilities needed to handle the impact of the traffic throughout the traffic improvement district.

[Added 3-16-1987 by Ord. No. 1987-3]

ZONING ORDINANCE

The Mount Laurel ordinance regulating and restricting the use of land and buildings and the size, dimension, location, density, et cetera, as to same.[9]

[2] Editor's Note: N.J.S.A. 40:55-1.30 was repealed by P.L. 1975, c. 291. For current provisions regarding subdivision review and approval, see N.J.S.A. 40:55D-37 et seq.

[3] Editor's Note: The former definition of "plat sketch," which immediately followed this definition, was repealed 8-21-2000 by Ord. No. 2000-13.

[4] Editor's Note: See Ch. 124, Site Plan Review.

[5] Editor's Note: See Ch. 124, Site Plan Review.

[6] Editor's Note: See Ch. 130, Soil Erosion and Sediment Control.

[7] Editor's Note: See Ch. 154, Zoning.

[8] Editor's Note: See Ch. 154, Zoning.

[9] Editor's Note: See Ch. 154, Zoning.

[1] Editor's Note: Former § 138-3, Administrative bodies, was repealed 8-21-2000 by Ord. No. 2000-13. This ordinance also provided for the renumbering of former § 138-4, Definitions, as § 138-3.