[Amended 8-6-1982 by Ord. No. 15-1982]
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Township of Pemberton and to implement the goals and objectives of
the Pinelands Comprehensive Management Plan in order to promote the
public health, safety, convenience and general welfare of the Township.
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 within the Township of Pemberton.
[Amended 1-31-1977 by Ord. No. 1-1977]
The provisions of this chapter shall be administered
by the Township of Pemberton Planning Board, created by ordinance
adopted therefor on April 14, 1960, and in accordance with N.J.S.A.
40:55D-1 et seq.
[Added 1-31-1977 by Ord. No. 1-1977;
amended 8-6-1982 by Ord. No. 15-1982]
A ny word or term not defined herein or defined
in the Zoning Ordinance of the Township of Pemberton[1] is used with a meaning of standard usage or as defined
in N.J.S.A. 40:55D-1 et seq. or N.J.A.C. 7:50-1 et seq.
A.
DEVELOPER
DRAINAGE RIGHT-OF-WAY
ENGINEER
FINAL APPROVAL
FINAL PLAT
GOVERNING BODY
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
MUNICIPALITY
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OWNER
PERFORMANCE GUARANTY
PLANNING BOARD
PLANNING BOARD ENGINEER
PLAT
PRELIMINARY APPROVAL
PRELIMINARY PLAT
PROPERTY MAP
PUBLIC UTILITIES MAP
SITE LOCATION MAP
SKETCH PLAT
STREET
(1)
(2)
(3)
(4)
(5)
SUBDIVIDER
SUBDIVISION
SUBDIVISION COMMITTEE
TOPOGRAPHIC MAP
TOWNSHIP ENGINEER
Definitions of Township-wide application. As used
in this chapter, the following terms shall have the meanings indicated:
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land or any governmental
agency — municipal, county, state or federal.
[Amended 1-31-1977 by Ord. No. 1-1977]
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 the
provisions of Revised Statutes of New Jersey Title 58:1, Title 13:1A-8
and Title 13:1A-12.[2]
A person licensed to practice engineering in accordance with
the laws of the State of New Jersey, engaged by the developer or owner
to subdivide property, prepare maps of the subdivision or supervise
construction of the subdivision.
The official action of the Planning Board taken on a preliminarily
approved major subdivision after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guaranties properly posted for
their completion, or approval conditioned upon the posting of such
guaranties.
[Amended 1-31-1977 by Ord. No. 1-1977]
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.
The Township Council of the Township of Pemberton.
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 and otherwise complying with provisions of Article V hereafter.
All subdivisions not classified as a minor subdivision. "Major
subdivision" shall also be deemed to include any lots or parcels submitted
for subdivision which have been previously subdivided as a minor subdivision
within 10 years from the date of the initial approval as a minor subdivision.
[Amended 6-5-1997 by Ord. No. 16-1997]
A composite of the mapped and written proposals recommending
the physical development of the Township which shall have been duly
adopted by the Planning Board.
Any subdivision of land fronting on an existing, dedicated
and accepted street that does not involve the creation of more than
four lots (three new lots and the remaining parcel), planned development,
any new street or the extension of any off-tract improvement. Any
ordinance provisions calling for the construction or interpretation
of the number of lots, whether for the purpose of classification of
a major or minor subdivision or for any other purpose under this chapter,
shall be interpreted as being cumulative in that prior subdivisions
of the base tract, lot, parcel, Tax Map lot or other affected piece
of ground shall be included in the computation. The base tract shall
be counted as a lot. The cumulative period referred to above shall
be construed to mean the 10 years immediately preceding the date of
application. The purpose of this provision is to avoid the creeping
minor syndrome resulting in strip development which the municipality
finds should be discouraged.
[Amended 1-31-1977 by Ord. No. 1-1977; 6-5-1997 by Ord. No.
16-1997]
The Township of Pemberton, County of Burlington and State
of New Jersey.
The Official Map is adopted by the Township of Pemberton
in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) or any prior act authorizing such adoption. Such map shall be
deemed to be conclusive with respect to the location and width of
the streets, public parks, playgrounds and drainage rights-of-way
shown thereon.
[Amended 1-31-1977 by Ord. No. 1-1977]
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
[Added 1-31-1977 by Ord. No. 1-1977]
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
[Added 1-31-1977 by Ord. No. 1-1977]
Located on the lot in question.
[Added 1-31-1977 by Ord. No. 1-1977]
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
[Added 1-31-1977 by Ord. No. 1-1977]
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to initiate 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 approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
The official Planning Board of the Township of Pemberton.
The person licensed to practice engineering in accordance
with New Jersey laws, engaged by the Planning Board to perform engineering
services.
The map of a subdivision.
The official action taken on a preliminary plat by the Planning
Board meeting in a regular session which determines whether or not
the map submitted is in proper form and meets the established standards
adopted for design layout and development of the subdivision. Such
preliminary approval confers certain irrevocable rights upon a subdivider
for a period of three years on condition that the general terms and
conditions specifically agreed upon will be fully met and, further,
that the final plat will be submitted for final approval within a
three-year period of time.
[Amended 1-31-1977 by Ord. No. 1-1977]
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board approval (tentative) and consideration and meeting the requirements of Article III of this chapter.
A map prepared from actual surveys giving all pertinent survey
data for the outside boundary and all blocks within the subdivision.
It shall also show the location and dimensions of all streets and
show easements within or contiguous to the property with deed or dedication
reference, and it shall conform to the detailed regulations as specified
in this chapter.
This map is to show all utility easements, sanitary sewers,
storm drains, open drainage channels, water and gas mains, telephone
and electric service trunk lines, railroads and is to conform to the
specifications as outlined in this chapter.
A map that gives the location of the existing principal roads,
built-up areas, nearby shopping centers, all public buildings and
various zoning districts and is to conform to detailed specifications
as outlined in this chapter.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Township
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 as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any legal entity commencing proceedings under
this chapter to effect a subdivision of land hereunder.
The division of a lot, tract or parcel of land into two or
more lots, sites or other division 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 are involved; after determination by
the Planning Board, any division of land for agricultural purpose
where the resulting parcels are five acres or larger in size; divisions
of property by testamentary or in testate 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.
[Amended 1-31-1977 by Ord. No. 1-1977]
A committee of at least three Planning Board members which
may be appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter, and
having such other duties relating to land subdivision as may be conferred
on this Committee by the Board.
A map which must show contours, existing buildings and other
structures, watercourses, wooded areas, location of test pits or borings
and which is to conform to the specifications as outlined in this
chapter.
The official Township Engineer of the Township of Pemberton.
[2]
Editor's Note: Currently, see N.J.S.A. 58:16A-50
et seq.
B.
AGRICULTURAL PURPOSE
APPLICATION FOR DEVELOPMENT
CERTIFICATE OF FILING
COMMISSION
COMPREHENSIVE MANAGEMENT PLAN
DAY
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
DRAINAGE
INTERIM RULES AND REGULATIONS
PINELANDS AREA
PINELANDS DEVELOPMENT REVIEW BOARD
PINELANDS PROTECTION ACT
PUBLIC PURPOSE USES
Pinelands Area definitions. The following definitions
shall apply in the Pinelands Area. In the event of a conflict between
a definition of Township-wide application and a Pinelands Area definition,
the Pinelands Area definition shall control in the Pinelands Area.
Any term or word not defined herein shall be defined as set out in
N.J.A.C. 7:50-2.11.
[Added 8-6-1982 by Ord. No. 15-1982;
amended 5-6-1983 by Ord. No. 6-1983]
Any production of plants or animals useful to man, including
but not limited to forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef, cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under any
agency of the state or federal government; specifically excluded from
this definition, however, are processing plants.
[Amended 6-5-1997 by Ord. No. 16-1997]
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 159-7A(2) of this chapter.
[Added 4-6-1989 by Ord. No. 11-1989]
A certificate issued by the Pinelands Commission, pursuant
to N.J.A.C. 7:50-4.34, that a complete application for development
has been filed.
[Amended 4-6-1989 by Ord. No. 11-1989]
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.
The plan adopted by the Pinelands Commission pursuant to
the Pinelands Protection Act, as amended, and contained in N.J.A.C.
7:50.
For purposes of computing time limits, refers to a calendar
day.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
[Added 4-6-1989 by Ord. No. 11-1989]
All development other than major development.
[Added 4-6-1989 by Ord. No. 11-1989]
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during and after construction or development
and the means necessary for water supply preservation or the prevention
or alleviation of flooding.
The regulations adopted by the Pinelands Commission, pursuant
to the Pinelands Protection Act,[3] to govern the review of applications from the adoption
of the regulations until the Pinelands Comprehensive Management Plan
took effect on January 14, 1981. These regulations were formerly codified
as N.J.A.C. 7:1G-1 et seq.
[Added 4-6-1989 by Ord. No. 11-1989]
That area designated as such by Section 10(a) of the Pinelands
Protection Act.[4]
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
[Added 4-6-1989 by Ord. No. 11-1989]
N.J.S.A. 13:18A.1 to 18A-29.
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof.
