Borough of Westville, NJ Article II Definitions

§ 340-3 Definitions and word usage.

A. Words used in the present tense include the future. The singular number includes the plural, and the plural, the singular. The word "shall" is always mandatory.

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

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 in accordance with N.J.S.A. 58:16A-1 et seq.

[Amended 2-13-2013 by Ord. No. 2-2013]

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Land Use Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

LOT

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 the purpose of sale, lease or separate use.

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

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 Land Use Board.

MINOR SUBDIVISION

Any subdivision containing not more than four lots, totaling not more than five acres, fronting on an existing minor street, not involving any new street or road or the extension of state, county or municipal facilities or extension of sewer and water systems 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 205, Land Use and Development, or this chapter, and none of the lots is extended for further subdivision.

OFFICIAL MAP

A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953,[1] 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 rights-of-way shown thereon.

OWNER

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.

PERFORMANCE GUARANTY

Any security which may be accepted in lieu of a requirement that certain improvements be made before the Land Use Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLAT

The map of a subdivision.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Land Use Board for consideration and tentative approval and meeting the requirements of Article IV of this chapter.

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 Article IV of this chapter.

STREET

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 Land Use 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:

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

(2) COLLECTOR STREETS Those 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 STREETS Those which are used primarily for access to the abutting properties.

(4) MARGINAL ACCESS STREETS Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5) ALLEYS Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(6) CUL-DE-SAC A residential street with access closed at one end and with a vehicular turnaround at the closed end.

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, 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 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.

SUBDIVISION COMMITTEE

A committee of at least three Land Use 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.

[1] Editor's Note: See N.J.S.A. 40:55D-32 et seq.