[1982 Code § 134-93]
As used in this article, the following terms shall have the meanings indicated:
COMPLETE APPLICATIONShall mean an application form completed as specified by ordinance and rules and regulations of the municipal agency and all accompanying documents required by this section for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the section or any revisions in the accompanying documents as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the section and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for the purpose of the commencement of the time period for action by the municipal agency.
COUNTY PLANNING BOARDShall mean the County Planning Board as defined in N.J.S.A. 40:27-6.1, of the county in which the land or development is located.
DRAINAGE RIGHTS-OF-WAYShall mean 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 to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-2 et seq.
FINAL APPROVALShall mean the official action of the Planning Board taken on a tentatively approved plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements have been installed or bonds properly posted for their completion. A plat that receives final approval must have been prepared by a licensed professional engineer and 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 recorder within ninety (90) days after such action in order to make the approval binding.
FINAL PLATShall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
LOTShall mean a parcel or portion of land separated from other parcels or portions by description, as on a subdivision of record or survey map, or by metes and bounds, for purposes of sale, lease or separate use.
MASTER PLANShall mean a composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISIONShall mean a subdivision of land that does not involve:
a. The creation of more than two (2) lots;
d. Extension of any off-tract improvement;
e. An extension of municipal facilities; or
f. Provision for drainage facilities.
OFFICIAL MAPShall mean the map adopted in accordance with N.J.S.A. 40:55D-32 et seq., or any prior act authorizing adoption. The map shall be deemed to be conclusive with respect to the location and width of streets and drainage right-of-way shown thereon.
OWNERShall mean any person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this article.
PERFORMANCE GUARANTYShall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Mayor and Council approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLATShall mean the map of a subdivision.
PRELIMINARY PLATShall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for consideration and tentative approval and meeting the requirements of Section
35-905.
RESERVE STRIPShall mean a privately owned strip of land of less width than the lot depth permitted by the applicable zoning regulation and bounded on one side by a proposed street and on the other by the boundary of a subdivision.
SKETCH PLATShall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section
35-905.
STREETShall mean 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 Planning Board and the grant to the 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.
d. COLLECTOR STREETSShall mean 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 development.
e. MINOR STREETSShall mean those which are used primarily for access to the abutting properties.
f. MARGINAL ACCESS STREETSShall mean streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
g. ALLEYSShall mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDERShall mean any person, corporation, trust or legal entity commencing proceedings under this article to effect a subdivision of land for himself or for another.
SUBDIVISIONShall mean the division of a lot, tract or parcel of land into two (2) 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 article, 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 (5) acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one (1) 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 the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Borough. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION APPLICATIONShall mean the application for approval of a subdivision pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or an application for approval of a planned unit development pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.
SUBDIVISION COMMITTEEShall mean a committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this article, and performing any other duties relating to land subdivision which may be conferred on this Committee by the Board.
TENTATIVE APPROVALShall mean the official action taken on a preliminary plat by the Planning Board meeting in regular session which determines whether or not the map submitted is in proper form and meets the established standards adopted for design, layout and development of the subdivision. "Tentative approval" confers certain irrevocable rights upon a subdivider for a period of three (3) years on condition that the general terms and conditions specifically agreed upon will be fully met and, further, that the final plat be submitted for final approval within the three-year time period.
TRANSCRIPTShall mean a typed or printed verbatim record of the proceedings or reproduction thereof.