Definitions. Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
this chapter:
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat.
DEVELOPER
The 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.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The land reserved or dedicated 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 to
safeguard the public against flood damage, sedimentation and erosion.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
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.
FINAL PLAT
A final map of a subdivision and meeting the requirements of §
466-7C of this chapter.
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.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of Chapter 291 of the Laws of 1975.
MINOR SUBDIVISION
A subdivision of land that does not involve:
(1)
The creation of more than three lots fronting on an existing
street.
(4)
Extension of any off-tract improvement.
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
to a 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.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of County
Commissioners of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of Chapter
291 of the Laws of 1975.
ON SITE
Located on the lot in question.
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.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
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.
PARTY IMMEDIATELY CONCERNED
For purposes of notice any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice pursuant to Chapter 291 of the Laws of
New Jersey.
PERFORMANCE GUARANTY
Any security, which may be accepted by a municipality to
ensure the fulfillment of required improvements prior to approval,
including performance bonds, escrow agreements and other similar collateral
or surety agreements, provided that not more than 10% of the total
performance guaranty shall be required in cash.
PLAT
A map or maps of a subdivision.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to §
466-6 of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT
A preliminary map indicating the proposed layout of a subdivision and meeting the requirements of §
466-7B of this chapter.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
RESUBDIVISION
(1)
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
(2)
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 does not include conveyances so as to combine
existing lots by deed or other instrument.
SKETCH PLAT
A sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §
466-7A of this chapter.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by this act; 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 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, curbs, sidewalks, parking
areas and other areas within the street lines.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing or maintaining
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.