Definitions of Township-wide application. As used in this chapter, the following terms shall have the meanings indicated:
DEVELOPERThe 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]
DRAINAGE RIGHT-OF-WAYThe 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.
ENGINEERA 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.
FINAL APPROVALThe 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]
FINAL PLATThe 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.
LOTA 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.
MAJOR SUBDIVISIONAll 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]
MASTER PLANA composite of the mapped and written proposals recommending the physical development of the Township which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISIONAny 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]
MUNICIPALITYThe Township of Pemberton, County of Burlington and State of New Jersey.
OFFICIAL MAPThe 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]
OFF-SITELocated 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]
OFF-TRACTNot 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]
ON-SITELocated on the lot in question.
[Added 1-31-1977 by Ord. No. 1-1977]
ON-TRACTLocated 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]
OWNERAny 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.
PERFORMANCE GUARANTYAny 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.
PLANNING BOARDThe official Planning Board of the Township of Pemberton.
PLANNING BOARD ENGINEERThe person licensed to practice engineering in accordance with New Jersey laws, engaged by the Planning Board to perform engineering services.
PLATThe map of a subdivision.
PRELIMINARY APPROVALThe 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]
PRELIMINARY PLATThe 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.
PROPERTY MAPA 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.
PUBLIC UTILITIES MAPThis 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.
SITE LOCATION MAPA 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.
SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.
STREETAny 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:
(2) 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.
(3) MINOR STREETSThose which are used primarily for access to the abutting properties.
(4) 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.
(5) ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDERAny individual, firm, association, syndicate, copartnership, corporation, trust or any legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder.
SUBDIVISIONThe 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]
SUBDIVISION COMMITTEEA 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.
TOPOGRAPHIC MAPA 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.