This chapter shall be known and may be cited as the "Pequannock
Township Land Subdivision Ordinance."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Township of Pequannock
in order to promote the public health, safety, convenience and general
welfare of the Township and 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
Planning Board of the Township of Pequannock in accordance with N.J.S.A.
40:55D-1 et seq., except that this chapter shall be administered by
the Zoning Board of Adjustment in a case where an application before
the Zoning Board of Adjustment for a use variance shall also involve
a subdivision as provided under this chapter.
Unless otherwise specifically provided, the following words
and terms shall be construed and defined as hereinafter set forth:
The Township Zoning Officer, for the purposes of administering
this chapter.
A street, either private or Township owned, with a right-of-way
not exceeding 30 feet in width and used primarily for vehicular service
to properties fronting on local, secondary or major streets, either
public or private.
An individual, firm, association, subdivider, syndicate,
corporation, partnership, trust, estate or other legal entity applying
for a subdivision.
The completed application form and all accompanying documents
required by ordinance for approval of a subdivision plat in accordance
with this chapter. The administrative officer, acting under the authority
and direction of the appropriate Board, shall have a period of 45
days from the date of submission of the application forms and all
accompanying documents to determine whether the application is complete.
The time periods permitted for the Board to act commence when the
administrative officer determines the application to be complete.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Forms required and supplied by the Planning Board to be submitted
with an application for each subdivision.
The area bounded by local, secondary or major streets, municipal boundaries, rivers, railroads or other man-made or natural features, sufficiently large enough to accommodate a lot or lots of the minimum size required in Chapter 360, Zoning, and as further defined in this chapter.
The Planning Board of Pequannock Township.
The provision for the movement of goods, people, water and
sewage or power by means of streets, highways, railways, waterways,
airways, pipes, conduits or other means, and including facilities
for transportation, transit and communication.
The person designated as the Municipal Clerk in accordance
with the laws of the Township of Pequannock.
An application form, completed as specified by ordinance
and the rules and regulations of the Board, and all accompanying documents
required by ordinance for approval of the application for development,
including but not limited to the subdivision plat.
A street used primarily for ingress and egress to abutting
properties whose entrance and exit is the same.
An applicant commencing or continuing improvements under
this chapter or installing any improvements in accordance with the
provisions of this chapter.
The land required for the installation of stormwater sewers
or drainage ditches or those lands required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein.
A licensed professional engineer of the State of New Jersey
designated by the Manager as the "Township Engineer."
Any letters, documents, reports, deeds, easements, findings,
affidavits, etc., required for submission of an application for approval.
The official action of the Board on a plat meeting all the
requirements, conditions and engineering considerations required by
this chapter and the Board. A plat that receives final approval shall
have been prepared by a licensed professional engineer and a land
surveyor in compliance with all provisions of N.J.S.A. 46:26B-1 et
seq. and is the map which the applicant must file with the appropriate
county officials within 95 days after final approval is granted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The final map of all or a portion of the subdivision which
is presented to the Board for final approval in accordance with all
provisions of N.J.S.A. 46:26B-1 et seq. and this chapter and which,
if approved, shall be filed with the proper county recording officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A map submitted with the preliminary plat showing lot and
street design with topography, a typical lot layout, a utility plan
and a profile of roads and utilities.
The parcel or portion of land separate from other parcels
or portions by description, as on a subdivision or survey map, or
by metes and bounds, for the purpose of sale, lease or separate use.
Any contiguous lands owned by an applicant may be considered as a
single lot for the purposes of this chapter, pursuant to applicable
statutory and case law.
Any subdivision not classified as a minor subdivision.
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.
A subdivision resulting in not more than three lots, including the remaining parcel, fronting upon an existing state, county or municipal street (accepted and maintained by the Township), not involving any new street or road or the extension of municipal facilities, not involving the extension of any off-tract improvement, the cost of which is prorated pursuant to Township ordinances, not including any planned residential development, not directly or indirectly creating or contributing to any unusual drainage or access problems and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map, Chapter 360, Zoning, or this chapter.
Those improvements 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 a development application or the contiguous portion of
a street, easement or right-of-way.
Those improvements not located on the property which is the
subject of an application under this chapter nor on a contiguous portion
of a street, easement or right-of-way.
The map adopted in accordance with the Municipal Land Use
Law, N.J.S.A. 40:55D-32 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any individual, firm, association, syndicate, trust, estate,
partnership, corporation or legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
Any security which may be accepted by the Township in lieu
of a requirement that certain improvements specified elsewhere in
this chapter be made before the Board considers a final plat, provided
that the Township shall require that 10% of the performance guaranty
be cash or certified check.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A map of the subdivision.
The preliminary map, clearly marked "Preliminary Plat," indicating
the proposed layout of the subdivision which is submitted to the Board
for consideration and tentative approval prior to submission of the
final plat. The preliminary plat must meet the requirements as specified
in this chapter.
A map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article III of this chapter.
Any public way for vehicular traffic, whether designated
as a street, avenue, boulevard, road, highway, lane, thoroughfare,
throughway, parkway, viaduct, place or other way, which is an existing
improved state, county or municipal street accepted and maintained
by the Township of Pequannock 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 such Board of the power to review plats. "Street" shall include
the land between the street lines, whether improved or unimproved,
and shall comprise pavement, shoulders, gutters, sidewalks, parking
areas and all other areas within the street lines. For the purpose
of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily
for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from
minor streets to the major system of arterial streets and highways,
including the principal entrance streets of a residential development
and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for
access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets which are
parallel to and adjacent to arterial streets and highways and which
provide access to abutting properties and protection from through
traffic.
DRIVEWAYS or AISLESMinor ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
The division of a lot into two or more lots 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 Board 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, including but not limited
to judgments of foreclosure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjacent lots 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
on the Tax Map.
The term "subdivision" shall also include the term "resubdivision."
A committee of the Planning Board, appointed by the Chair,
with the approval of the Board, serving for one year for the purpose
of classifying subdivisions in accordance with the provisions of this
chapter. The number of members of such Committee shall be determined
by the Board in its bylaws.
The official action of the Board on a preliminary plat meeting
all the requirements, conditions and engineering considerations required
by this chapter. Tentative approval shall confer upon the subdivider
certain rights as specified in this chapter.
