Township of Woolwich, NJ Article I General Provisions

§ 163-1 Purpose.

The purpose of this chapter is to require approval of subdivisions within the Township of Woolwich by the Planning Board or, in appropriate cases, by the Board of Adjustment, for the purposes set forth in the Municipal Land Use Law[1] and to exercise the power to regulate subdivisions granted to municipalities of the State of New Jersey.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 163-2 Title.

This chapter shall be known and may be cited as the "Woolwich Township Subdivision Ordinance of 1977."

§ 163-3 Definitions.

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

BLOCK

An area bounded by streets.

CARTWAY

The portion of a street or alley intended for vehicular use.

CLEAR-SIGHT DISTANCE

A line of unobstructed vision from a point 3.75 feet above the center line of a street to a point on the same center line.

CLEAR-SIGHT TRIANGLE

A triangular area at a street intersection with any other street, an alley or a driveway, where vision from an automobile is unobstructed, formed by the intersecting street lines and a line drawn between points on the street center lines located a required distance in feet from the intersection of the center lines.

CUL-DE-SAC

A residential street with access closed at one end by a vehicular turnaround.

DRAINAGE RIGHT-OF-WAY

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.

FINAL PLAT

The final map of all or a portion of the subdivision that is presented to the Planning Board for final approval in accordance with this chapter and which, if approved, shall be filed with the proper County Recording Officer.

HIGH DENSITY

Those residential and zoning districts in which the density is equal to or greater than five or more dwelling units for acre.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOW DENSITY

Those residential and zoning districts in which the density is equal to or less than three dwelling units per acre.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law.

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MEDIUM DENSITY

Those residential and zoning districts in which the density is between three and five dwelling units per acre.

OBLIGOR

One that places himself under a legal obligation.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having a proprietary interest in the land sought to be subdivided.

PERFORMANCE GUARANTY

Any security, which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.

PLANNING BOARD

The Township Planning Board.

PLAT

The map of a subdivision.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision and site improvements that is submitted to the Township Clerk for Planning Board consideration and preliminary approval and meeting the requirements of § 163-13 of this chapter.

SITE PLAN

The development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, waterways, the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, streets, curbing, sidewalks, structures and signs, lighting, screening devices and any other information that may reasonably be required by the Planning Board.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 163-12 of this chapter.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way that 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 of the Township 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 the 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 compose 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:

(1) ALLEYS Minor service streets used primarily for vehicular service access to the back or side of abutting properties.

(2) COLLECTOR STREETS The street intended to move traffic between local streets to and from secondary arterials. A collector street serves a neighborhood or large subdivision.

(3) LOCAL STREETS A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.

(4) MAJOR ARTERIALS A street intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas. They should be so designed so that no residential properties face onto them.

(5) MINOR ARTERIALS A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating from areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and/or designed to carry traffic, from collector streets to the system of primary arterials. They should be so designed so that no residential properties face onto them.

(6) SERVICE ROADS Low-volume roads parallel to and adjacent to arterials and highways that provide access and frontage to abutting properties and protection from through traffic.

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

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman 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.

SUBDIVISION, INDUSTRIAL

A division of a 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 uses. An industrial subdivision shall not be accorded 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 with the criteria as set forth under the definition of "subdivision, minor," excluding items in Subsection (3) thereof which pertain to the number of prior subdivisions. They must comply, however, with the provisions for site plan review.

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SUBDIVISION, MAJOR

All subdivisions not classified as industrial or minor subdivisions.

SUBDIVISION, MINOR

A subdivision of land that does not involve the creation of more than three lots in addition to any one retained parcel, planned development, any new street or extension of any off-tract improvement. In determining whether a proposed subdivision qualifies as a minor subdivision, lots shall be counted as follows:

[Amended 2-21-2006 by Ord. No. 2006-01]

(1) All lots to be created by the proposed subdivision.

(2) All lot(s) in excess of one that are to be retained by the subdivider.

(3) All lots created within the preceding 10 years as the result of subdivisions of land that include the subject parcel.

(4) No lot shall be counted twice.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: See Ch. 149, Site Plan Review.

B. Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291,[3] such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed from the context of this chapter.

[3] Editor's Note: See N.J.S.A. 40:55D-1 et seq.