Unless otherwise expressly stated, the following words
or terms shall, for the purpose of these regulations, have the meanings
indicated:
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.
COUNTY
The County of Burlington, State of New Jersey.
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.
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.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit Act (1953) (N.J.S.A. 40:55-1.30). 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.
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.
SITE PLAN ORDINANCE
An ordinance providing for the review of plans for construction
prior thereto.
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.
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 HIGHWAYThose 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 ROADThose 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 STREETThose 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 STREETThose 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 STREETThose 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 STREETSStreets 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 STREETSThose 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:
(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.
(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.
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 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.