As used in this chapter, the following words shall have the meaning
hereinafter set forth:
APPLICANT
A developer submitting an application for subdivision review.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or permit to build
in a mapped area or for a structure not related to a street.
DEVELOPER
The legal or beneficial owner or owners of a lot or 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.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any mining, excavation,
or landfill; any change in the use of any structure or land; or extension
of the use of land.
DRAINAGE RIGHT-OF-WAY OR EASEMENT
The lands reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream of
water for preserving the biological as well as drainage function of
the channel and providing for the flow of water therein to safeguard
the public against flood damage, sedimentation and erosion in accordance
with all applicable rules and regulations.
FINAL APPROVAL
The official action of the Land Use Board taken on an approved
preliminary plat after all requirements, conditions, engineering plans,
etc., have been completed and the required improvements installed
or bonds properly posted for their completion, or approval conditioned
upon the posting of such bonds. A plat that receives such final approval
must have been prepared by a land surveyor in compliance with all
the provisions of N.J.S.A. 46:23-9.9 et seq., and is the map which
must be filed with the County Clerk in accordance with N.J.S.A. 40:55D-54
in order to make the approval binding.
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.
GENERAL TERMS AND CONDITIONS
Use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements,
except that nothing herein as defined shall be construed to prevent
the Township from modifying, by ordinance, such general terms and
conditions of preliminary approval as relate to the public health
and safety.
LOT
A parcel, plot or area of land, legally established, with
precise boundaries determinable from a deed description or map filed
in the office of the County Clerk.
MASTER PLAN
A composite of one or more written or graphic proposals recommending
the physical development of the Township which shall have been duly
adopted by the Township Land Use Board.
MINOR SUBDIVISION
Any division of land that does not involve:
(1)
The creation of more than two new lots plus remainder, for a
total of three lots fronting upon an existing accepted public street
or upon or otherwise approved by the Township Committee for the purpose
of issuing building permits, within a three-year period, from any
parcel, regardless of how the title to such parcel may have been held
or transferred during such three-year period;
(3)
Any new street or the extension of the Township facilities;
(4)
The extension of any off-tract improvement; or
(5)
A conflict with any provisions or portion of the Master Plan
or the Official Map.
MINOR SUBDIVISION PLAT
The final map of a minor subdivision which is presented to
the Land Use Board for approval.
OFFICIAL MAP
A map adopted by the governing body of Fredon in accordance
with the provisions of N.J.S.A. 40:55D-32 et seq. Such a map shall
be deemed to be conclusive with respect to the location and width
of streets and drainage rights-of-way 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.
OFF-SITE
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 the development application or contiguous portion of a street or
right-of-way.
OFF-TRACT
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.
ON-SITE
Location on the lot in question and excluding any abutting
street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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 GUARANTEE
Any security which may be accepted by Fredon Township, including
but not limited to performance bonds, letters of credit under the
circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
PLAT
A map or maps of a subdivision pursuant to the provisions
of this chapter.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter,
prior to final approval, after specific elements of a development
plan have been agreed upon by the approving authority and the applicant.
Such preliminary approval confers upon a subdivider all rights provided
for by virtue of the provisions of N.J.S.A. 40:55D-49.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Land Use Board Secretary for Land Use Board consideration and tentative approval and meeting requirements of Article
IV of this chapter.
PUBLIC DRAINAGE WAY
The land reserved and dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological, as well as drainage, function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but shall not include conveyances so
as to combine existing lots by deed or other instrument.
STREET
Any avenue, boulevard, road, lane, parkway, viaduct, drive,
alley or other way which is an existing state, county, or Township
roadway, or which is shown upon a plat, heretofore approved pursuant
to law, or is approved by official action as provided by the Municipal
Land Use Law, 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 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:
(2)
COLLECTOR STREETSAre those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of residential development and streets for circulation within such a development.
(4)
MARGINAL ACCESS STREETSAre those which are parallel or adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
(5)
RURAL STREETSAre those which serve dwellings on lots that are one acre or greater, primarily serve as access to abutting building lots, have no on-street parking, and have lot-to-street access designed so that vehicles do not back out of lots onto the street.
(6)
RURAL LANESAre those which serve dwellings on lots that are two acres or greater, primarily serve as access to abutting building lots, have no on-street parking, and have lot-to-street access designed so that vehicles do not back out of lots onto the street.
(7)
ALLEYSAre minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
(8)
CULS-DE-SACAre dead-end streets having a turnaround, which provides access to adjacent lots.
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, including lot line adjustments. The following shall not
be considered subdivisions provided no new streets are created:
(1)
Divisions of land found by the Land Use Board or Subdivision Committee thereof appointed by the Chairperson to be for agricultural purposes where all resulting parcels are five acres or larger in size (see §
470-11 for additional provisions).
(2)
Divisions of property by testamentary or intestate provisions.
(3)
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other recorded instrument.
(5)
The conveyance 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 Chapters
470 and
550 and are shown and designated as separate lots, tracts or parcels on the Township Tax Map.
(6)
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION REVIEW COMMITTEE
A committee of at least three Land Use Board members, appointed
by the Chairperson of the Board, for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and performing such
other duties relating to land subdivision as may be conferred on the
committee by the Board.