For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A developer submitting an application for development.
A parcel of land or an area of water or a combination thereof or a preservation of natural features, such as floodplains and natural slopes, within a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" shall not include parking areas or accessways thereto but may include such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
Calendar days.
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.
The lands required for the installation of storm water sewers by either pipes or open ditches or lands 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. It shall also include the lands required for sanitary sewers.
A right of use of property for installation of water mains, gas mains, storm sewers, lateral or trunk sanitary sewers, groundwater diversion drains, underground wires or cables and any other utilities or municipal facilities.
Official action of the Planning Board taken on a preliminarily 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 guaranty.
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.
Any security, including cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision and shall include specifically those subdivisions which are excluded therefrom.
A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
A subdivision containing not more than two lots fronting on an existing street and not involving any of the following:
Any new streets or roads.
The extension of any municipal facilities.
That it does not adversely affect the development of the remainder of the parcel of land.
That it does not adversely affect the development of any adjoining property.
That it does not conflict with any provision or portion of the Master Plan, Official Map, zoning regulations or any other portion of this chapter or any other ordinance of the Borough.
Such public facilities as may now exist or as may be hereafter installed in the Borough for the general public good or convenience.
A map adopted pursuant to N.J.S.A. 40:55D-32 et seq. or any other act authorizing such adoption. Such a 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.
Located outside the lot lines of the lot or portions of a lot but within the property of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way.
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.
Located on a lot or portions of a lot which is the subject of a development application.
Located on the property, which is the subject of a development application, or on a contiguous portion of a street or right-of-way.
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, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.
Any individual, firm, copartnership, association, syndicate, corporation or any other entity capable of developing and subdividing lands, except for a governmental body or any subdivision thereof.
The map of a subdivision.
Conferral of certain rights pursuant to § 234-24 herein, prior to final approval and after specific elements of a subdivision have been agreed upon by the Planning Board and the applicant.
The preliminary map, indicating the proposed layout of the subdivision, which is submitted to the Borough Clerk for Planning Board consideration and preliminary approval and meeting the requirements of Article III of this chapter.
The following sanitation classes are hereby established:
Class S-1: those lots having available connections to sanitary sewers and to public water mains.
Class S-2: those lots having available connections to public water mains but which require individual sewerage disposal systems.
Class S-3: those lots which require both individual sewerage disposal systems and private water supplies due to lack of available connections to public water mains.
The preliminary sketch map of a subdivision, containing sufficient detail and accuracy to be used for the purpose of preliminary consideration by the Planning Board and meeting the requirements of Article III of this chapter. The "sketch plat" shall not be considered the preliminary plat referred to in the statute.
[Amended 3-19-1985 by Ord. No. 85-9-899]
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 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
Arterial streets: those which are used primarily for fast or heavy traffic.
Collector streets: 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 a development.
Minor streets: those which are used primarily for access to the abutting properties.
Marginal access streets: those which are streets parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
Alleys: minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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, 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, including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument; and
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 this Committee by the Board.
Water entering into or under a foundation, wall or basement of a building from external sources.
Minimum lot sizes, lot area requirements and setback line requirements, and for the purposes of this chapter shall be identical with those provided in Chapter 275.