[Amended 6-2-1978; 12-18-1980 by Ord. No.
32-80]
In addition to any statutory definitions contained in Chapter 291 of the Laws of New Jersey 1975 and Chapter 216 of the Laws of New Jersey 1979, entitled the Municipal Land Use Law, and amendments thereto (N.J.S.A. 40:55D-1 et seq.), the following terms, as used in this chapter, shall have the meanings indicated:
PRELIMINARY MAJOR SUBDIVISION APPROVALThe official action taken on a preliminary plat by the Planning Board which determines whether or not the plat or map submitted is in proper form and meets the established standards adopted for design layout in development of the subdivision. Such "preliminary major subdivision approval" confers certain irrevocable rights upon a subdivision for a minimum period of three (3) years pursuant to N.J.S.A. 40:55D-49, on the condition that the general terms and conditions specifically agreed upon will be fully met and, further, that the final plat will be submitted for final approval within the time provided by law.
FINAL APPROVALAn official action of the Planning Board taken on a preliminary major subdivision approval 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 such "final approval" must have been prepared by a licensed land surveyor in compliance with all of the provisions of Chapter 358 of the Laws of 1953, as amended, supplemented and in force, and is the map which must be filed with the Ocean County Clerk within the time provided by law in order to make the approval valid.
Consolidation of two (2) or more lots, tracks or parcels
of land into one (1) or several lots, tracts or parcels of land for
the purpose of creating larger lots, tracts or parcels of land where
previously smaller ones had existed, and the acquisition of property
by the owner of adjacent property. "Consolidations" shall be considered
to be subdivisions under the terms of this chapter.
The legal or beneficial owner or owners of a lot or 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.
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 1 of Title 58 of the New Jersey Revised Statutes.
A street, road or highway improved and maintained by the
Township of Lacey, the County of Ocean or the State of New Jersey.
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.
A composite of one (1) or more written or graphic proposals
for the development of the municipality in accordance with N.J.S.A.
40:55D-28.
A map which has been established in accordance with the procedures
set forth in N.J.S.A. 40:55D-32.
Any security which may be accepted by a municipality, including
cash provided that a municipality shall not require more than ten
percent (10%) of the total performance guaranty in cash.
A map or maps of a subdivision or site plan.
FINAL PLATThe final map or plat of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with this chapter and which, if approved, shall be filed with the Ocean County Clerk within the time required by statute.
PRELIMINARY PLATThe preliminary map or plat indicating the proposed layout of a major subdivision which is submitted to the Planning Board for consideration and preliminary major subdivision approval.
SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion only, not for preliminary major subdivision approval, and meeting the requirements of this chapter.
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 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 instruments.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing accepted 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 Ocean
County Clerk's office prior to the appointment of a Planning Board
and the granting 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. For the purpose of
this chapter, "streets" shall be classified as follows:
EXPRESSWAY SYSTEM (including freeways and parkways)Provides for expeditious movements of large volumes of through traffic between areas and across the Township, and not intended to provide land across the Township, and is not intended to provide land access service.
ARTERIAL SYSTEMProvides for through traffic movement between areas and across the Township and direct access to abutting property, subject to necessary control of entrances, exits and curb use. There are two (2) classifications of arterial streets: major arterial streets and minor arterial streets.
MAJOR ARTERIAL STREETSThose streets which provide through traffic movement between points within the Township and points within and beyond the region. "Major arterial streets" also provide access to expressways.
MINOR ARTERIAL STREETSThose streets which provide through traffic movement between points within the Township and points within the region. "Minor arterial streets" provide connections of collector streets, and in some instances local streets, to major arterial streets.
COLLECTOR STREET SYSTEMProvides for traffic movement between major arterial and local streets and direct access to abutting property. The "collector street system" is divided into two (2) categories:
MAJOR COLLECTOR STREETSThose streets providing access between areas within the Township and immediately adjoining areas, providing connections between local streets and minor collectors to arterial streets.
MINOR COLLECTOR STREETSThose streets providing connection between local streets and major collector streets and providing access between points within the Township.
LOCAL STREET SYSTEMProvides direct access to abutting land and for local traffic movements. "Local streets" fall into two (2) categories:
THROUGH STREETSLocal streets which provide connections with other local streets or collector streets at either end and provide through access.
RESIDENTIAL STREETSLocal streets which are not greater than one (1) block in length and end in a cul-de-sac. Such streets provide access only to abutting property and connect with either a local through street or minor collector street.
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 chapter if no new streets are created and,
in the Pinelands Area, if no new development occurs or is proposed
in connection therewith: divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes for all resulting parcels of 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 instruments; and the conveyance of
one (1) or more adjoining lots, tracts or parcels of lands, owned
by the same person or persons, 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."
[Amended 11-23-1981 by Ord. No. 42-81; 2-14-1991 by Ord. No. 591]
MINOR SUBDIVISIONA subdivision or resubdivision of land that does not involve the creation of more than six (6) lots, a planned development, any new street or extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. If a "minor subdivision" has been granted for a parcel or tract of land, it may not be further subdivided as a "minor subdivision" for a period of two (2) years from the date of approval of the last minor subdivision approval, if such subdivision would result in the creation of more than six (6) lots from the original tract.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision.
A Committee of at least three (3) Planning Board members
of any classification which may be appointed by the Chairman of the
Planning Board for the purpose of classifying subdivisions in accordance
with this chapter and having such other duties related to land subdivision
as may be conferred upon this Committee by law or by the Planning
Board Chairman.
