[1991 Code § 185-1]
This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the Borough of Hightstown."
[1991 Code § 185-2]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision and issuance of building permits
in the Borough in order to conserve and promote the public health,
safety, convenience, morals and general welfare of the Borough. It
shall be administered to ensure orderly growth and development, the
conservation, protection and proper use of land and adequate provision
for circulation, utilities and services.
[1991 Code § 185-3]
The subdivision provisions of this chapter shall be administered
by the Borough Planning Board in accordance with N.J.S. 40:55D-25,
40:55D-37, 40:55D-47 and 40:55D-48 and the administration of matters
affecting the issuance of building permits shall be under the control
of the Borough Council and its duly appointed officials.
[1991 Code § 185-4]
As used in this chapter:
An application form, completed as specified by ordinance
and the rules and regulations of the municipal agency, and all accompanying
documents required by ordinance 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 ordinance 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
ordinance 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 purposes of the commencement of the time
period for action by the municipal agency.
The lands 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
One of Title 58 of the Revised Statutes.
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.
A parcel or portion of land separated from other parcels
or portions by description as on a subdivision or record of survey
map or by metes and bounds for purpose of sale, lease or separate
use.
All subdivisions not classified as minor subdivisions.
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.
Any subdivision of land that does not involve more than three
lots fronting on an existing street or road, provided that such subdivision
does not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S. 40:55D-42.
A map adopted in accordance with N.J.S. 40:55D-1 et seq.
or any prior act authorizing adoption. The map shall be deemed to
be conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
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.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat, including performance bonds, escrow
agreements and other similar collateral or surety agreements.
The map of a subdivision.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of § 27-3-2.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 27-3-1.
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 a 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, including 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.
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.
The division of a lot, tract or parcel of land into two or more
lots, tract, 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, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
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 the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
municipality.
The term subdivision shall also include the term resubdivision.
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 the Committee
by the Board.
