Borough of Paulsboro, NJ Article II Definitions

§ 70-3 Words and terms defined.

A. Any word or term not defined herein is used with a meaning of standard usage, except that whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq. unless specifically defined to the contrary in this chapter.

B. As used in this chapter, the following terms shall have the meanings indicated:

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or adjacent property, such as improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective or to coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size; and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

BOARD

The Planning Board of the Borough of Paulsboro.

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities as 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.

EASEMENT

A right granted to the Borough or other governmental authority for the use of private land for certain public and quasi-public purposes.

FLOODPLAIN

The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel.

LOT

Any parcel of land separated from other parcels or portions as by a lawful subdivision or added of record or by survey map or by metes and bounds.

MAINTENANCE BOND

Any security acceptable to the Borough Council to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in accordance with this chapter.

MAINTENANCE GUARANTEE

Security, in the form of either a surety bond, letter of credit under the circumstances specified pursuant to N.J.S.A. 40:55D-53.5, or cash, acceptable to the Borough to assure the maintenance of any improvements installed by the developer after the final acceptance of the improvement and required by this chapter.

[Added 12-6-2011 by Ord. No. 13.11]

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 provisions of N.J.S.A. 40:55D-1 et seq. The map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.

OWNER

Any individual, firm, association, syndicate, copartnership, corporation or trust having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PERFORMANCE GUARANTY

Any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made before the Borough approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLAT

The map of a subdivision.

(1) SKETCH PLAT The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.

(2) PRELIMINARY PLAT The preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough for consideration and tentative approval.

(3) FINAL PLAT The final map of all or a portion of the subdivision which is presented to the Borough for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

RESUBDIVISION

The further division of a lot or the adjustment of a lot line or lot lines.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretobefore approved pursuant to law, or which is approved by official action as provided in N.J.S.A. 40:55D-1 et seq., or which is shown 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 granting 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, curbs, sidewalks, parking areas and other areas within the street lines.

(1) CONTROLLED ACCESS HIGHWAYS Those that are used by heavy through traffic and which permit no access from abutting property.

(2) ARTERIAL STREETS Those which are used primarily for fast or heavy traffic.

(3) COLLECTOR STREETS Those which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.

(4) MINOR STREETS Those which are used primarily for access to the abutting properties.

(5) MARGINAL SERVICE 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.

STREET LINE

The edge of the existing right-of-way or future street right-of-way as shown on the Master Plan or Official Map whichever would result in the widest right-of-way, and which forms the division between the street and lot.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation or trust or any legal entity commencing proceedings under this chapter to effect a subdivision or land hereunder for himself or for another with the written consent of the owner.

SUBDIVISION

[Amended 11-18-1986 by Ord. No. 0.11.86]

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; and conveyances so as to combine existing lots by deed or other instrument; consolidation of existing lots by deed recorded instrument; and the conveyances 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 of the Borough of Paulsboro. The term "subdivision" shall also include the term "resubdivision."

(1) MINOR SUBDIVISION Any subdivision containing not more than three lots fronting on an existing street, not involving any construction of streets or roads 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, Zoning Ordinance[1] or this chapter, and further provided that such subdivision does not involve a planned development or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

(2) MAJOR SUBDIVISION Any division of land not classified as a minor subdivision.

(3) SUBDIVISION COMMITTEE A committee of Planning Board members appointed by the Chairman of the Board with the approval of the Board for the purpose of reviewing subdivision applications prior to action by the entire Board to determine whether such applications comply with all chapter provisions and with other duties relating to land subdivision, which may be conferred on this Committee by the Board through a motion duly adopted and recorded.

[1] Editor's Note: See Ch. 80, Zoning.