This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of Borough of Pennington."
The purpose of this chapter shall be to provide rules, regulations and
standards to guide land subdivision in the Borough of Pennington 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.
The approval provisions of this chapter shall be administered by the
governing body after favorable referral by the Planning Board in accordance
with Section 14 of Chapter 433 of the Laws of 1953.[1]
[1]
Editor's Note: Repealed by L. 1975, c. 291. See now N.J.S.A.
40:55D-1 et seq.
As used in this chapter, the following terms shall have the meanings
indicated:
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.[1]
The final map of all or a portion of the subdivision which is presented
to the Planning Board and Mayor and Council, for final approval in accordance
with these regulations, and which if approved shall be filed with the proper
county recording officer.
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 purpose 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 and Mayor and Council.
Any subdivision containing not more than 3 lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 215, Zoning, or this chapter.
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. 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 right-of-way shown thereon.
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.
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.
The map of a subdivision.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Article III of this chapter.
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 III of this chapter.
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.
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 herself or for another.
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, except that the following divisions shall
not be considered subdivisions; provided, however, that no new streets or
roads are involved: divisions of land for agricultural purposes where the
resulting parcels are three acres or larger in size, divisions of property
by testamentary or intestate provisions or divisions of property upon court
order. "Subdivision" also includes resubdivision and, where appropriate to
the context, relates to the process of subdividing or to the lands or territory
divided.
A committee of at least three Planning Board members appointed by
the Chair of the Board for the purpose of classifying subdivisions in accordance
with the provisions of this chapter, and such other duties relating to land
subdivision which may be conferred on this Committee by the Board.
