The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough of Mount Ephraim
in order to promote the public health, safety, convenience and general
welfare of the Borough. 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.
The provisions of this chapter shall be administered by the
governing body after favorable referral by the Mount Ephraim Joint
Land Use Board in accordance with Section 14 of Chapter 433 of the
Laws of 1953, as amended.
For the purpose of this chapter, the terms used herein are defined
below. All words not specifically defined herein shall be used with
a meaning of standard usage.
APPLICANT
Any owner, or authorized representative having written consent
from the legal owners, submitting plans for review and approval for
land subdivision in accordance with this chapter.
BOARD
The Joint Land Use Board of the Borough of Mount Ephraim,
Camden County, New Jersey.
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the "cartway" is that portion between the curbs.
DRAINAGE RIGHT-OF-WAY
The land 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 Chapter
1 of Title 58 of the Revised Statutes.
EASEMENT
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation or particular
persons for specified uses.
GOVERNING BODY
The chief legislative body of the Borough of Mount Ephraim.
LOT
Any parcel or portion of land under a single ownership, separated
from other parcels or portions of land by description, as by a subdivision
plat, deed or record of survey, or by metes and bounds.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Joint Land Use Board.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit Act (1935) (N.J.S.A. 40:55-1.30 et seq.). Such a map shall
be deemed conclusive with respect to the location and width of streets,
drainage rights-of-way and flood control basins, and the location
and extent of public parks, playgrounds and scenic and historic sites
shown thereon.
OFFICIAL NOTICE
Notification of all property owners affected by a proposed
subdivision within the limits defined in this chapter, by either a
personal visit or registered mail, and the requirement to have a notice
of the public hearing published in a newspaper of general circulation
within the Borough at least 10 days prior to the hearing.
OWNER
Any individual, firm, association, syndicate, copartnership,
corporation or legal entity having legal title to the land.
PERFORMANCE GUARANTY
The security which may be accepted by the governing body
to guarantee the completion of the required improvements before the
governing body approves the final plat, and shall include either performance
bonds with responsible surety authorized to do business in the State
of New Jersey or escrow agreements secured by cash, certified check
or cashier's check.
PLAT
The map of a subdivision.
PLAT, FINAL
The final map of all or a portion of the subdivision which is presented to the Joint Land Use Board for final approval in accordance with §§
518-11,
518-12 and
518-13 of this chapter, and which, if approved, shall be filed with the county recording officer.
PLAT, PRELIMINARY
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Joint Land Use Board for consideration and tentative approval in accordance with §§
518-7,
518-8 and
518-9 of this chapter.
PLAT, SKETCH
The sketch map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §§
518-4,
518-5 and
518-6 of this chapter.
RESUBDIVISION
The further division of a lot; the adjustment of a lot line
or lot lines; or the combining of two or more contiguous lots into
a lesser number of lots.
RIGHT-OF-WAY
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, trees and shrubbery and the
proper amount of light and air as established by local authorities.
Street rights-of-way shall be measured from lot line to lot line.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Borough 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 Joint Land Use Board and the grant to
such Board of the power to review plats, and includes the land between
street lines, whether improved or unimproved, and may comprise pavements,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines. For the purpose of this chapter, "streets" shall
be classified as follows:
B.
STREET, COLLECTORA street used to carry traffic from the local streets to the arterial streets and designed to have considerable continuity and traffic capacity.
D.
STREET, LOCALThose streets which need be entered only for stopping at a destination on that street and which need not be used for general traffic circulation through the Borough.
STREET LINE
The dividing line between a lot and the existing or future
street right-of-way, whichever is greater, as shown on an adopted
Master Plan or Official Map. Where title to land extends into a street
or to the center of a street, the edge of the existing or future right-of-way,
whichever is greater, shall be deemed to be the "street line."
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, divisions of property by testamentary or intestate
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.
SUBDIVISION COMMITTEE
A committee of four Joint Land Use Board members appointed
by the Chairman of the Board with the consent of a majority of the
Board for the purpose of classifying subdivisions in accordance with
the provisions of this chapter and to review subdivision applications
prior to action by the entire Board to determine whether such applications
comply with sketch plat details, with subdivision procedure and with
other requirements of this chapter, and of performing such other duties
related to land subdivision as may be conferred on this Committee
by the Board through a motion duly adopted and recorded.
SUBDIVISION, MINOR
A subdivision containing not more than four lots (including
the remaining portion of the tract), all fronting on an existing street
and not involving any new street or road or the extension of Borough
facilities or the installation of any street improvements, and not
adversely affecting the development of the remainder of the parcel
or adjoining property.