This chapter shall be known and may be cited as the "Land Subdivision Regulations of Cape May, New Jersey."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in Cape May City in order to promote the public health, safety, convenience and general welfare of the City and to carry out the objectives of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provisions for circulation, utilities and services, and the conservation and environmental protection of all land, water and air resources within the jurisdiction of Cape May City.
A.
Planning Board. The provisions of this chapter shall be administered by the Planning Board except as set forth in Subsection B.
B.
Zoning Board of Adjustment. The provisions of this chapter shall be administered by the Zoning Board of Adjustment in applications before the Zoning Board of Adjustment involving variances provided for in N.J.S.A. 40:55D-70d on which subdivision approval would be required. For such applications any reference in this chapter to the Planning Board shall be considered to refer to the Zoning Board of Adjustment, where applicable.
A.
Where certain words or phrases are not defined below, their meanings shall be as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
B. ADMINISTRATIVE OFFICER AGENT ALLEY APPLICANT APPLICATION FOR DEVELOPMENT CIRCULATION COMMON OPEN SPACE CONSTRUCTION OFFICIAL COUNTY MASTER PLAN COUNTY PLANNING BOARD CUL-DE-SAC DAY DEVELOPER DEVELOPMENT DEVELOPMENT REGULATION DRAINAGE ENVIRONMENTAL COMMISSION EROSION FINAL APPROVAL INTERESTED PARTY LAND LOT MAJOR SUBDIVISION MAINTENANCE GUARANTY MASTER PLAN MINOR SUBDIVISION MUNICIPAL AGENCY OFFICIAL COUNTY MAP OFFICIAL MAP OFF-SITE OFF-TRACT ON-SITE ON-TRACT OWNER PERFORMANCE GUARANTY PLANNING BOARD PLAT PLAT, FINAL PLAT, SKETCH PRELIMINARY APPROVAL PUBLIC DRAINAGEWAY STREET(1) (2) (3) (4) (5) SUBDIVIDER SUBDIVISION(1) (a) (b) (c) (d) (e) (2) SUBDIVISION COMMITTEE VARIANCE WETLANDS
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:
The Clerk of the municipality unless a different municipal official or officials are designated by ordinance or a statute.
One or more persons designated to represent the applicant before the Planning Board.
A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
A developer submitting an application for development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat.
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transhipment points.
An open space area within or related to a site and designed and intended for the use or enjoyment of residents and owners of the development.
The municipal officer designated by the appointing authority to enforce City codes and ordinances relating to construction.
A composite of the Master Plan for the physical development of the county in which the City is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Planning Board of Cape May County.
A street or portion of a street in which accessibility is limited to only one single means of ingress or egress.
Calendar day.
The legal or beneficial owner or owners of a lot or of 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 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 landfilling, clearing, or grading, and any use or change in the use of any building or other structure, or land or extension of use of land.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, or other City regulation of the use and development of land, or amendment thereto.
The removal of surface water or groundwater from land by drains, grading or other means as retention or detention basins and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation and the prevention or alleviation of flooding.
A City advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminary approved plat 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 guaranties.
Any person, whether residing within or without the City, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire, or enjoy property under this chapter has been denied, violated or infringed by an action or a failure to act under this chapter.
Includes improvements and fixtures on, above or below the surface.
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.
Any subdivision not classified as a minor subdivision.
Any security which may be accepted by the City for the maintenance of any improvements required by this chapter.
A composite of one or more written or graphic proposals for the development of the City as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 525, Zoning, or this chapter.
The Planning Board, Board of Adjustment, or City Council or any agency created by or responsible to the municipality when acting pursuant to this chapter.
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Cape May County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot or portions of a lot in question but within the property (of which the lot is a party) 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 the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek to develop the land. The term shall be construed to include the duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having a vested or contingent interest in the property in question.
Any security, including cash, which may be accepted by the City as a guaranty that improvements required as part of an application for development are satisfactorily completed; provided that the City shall not require more than 10% of the total performance guaranty in cash.
The City of Cape May Planning Board.
The map of a subdivision.
The final map 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 Clerk of the County of Cape May for recording in accordance with law.
A rough sketch map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification.
The conferral of certain rights as set forth in this chapter prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
The land reserved or dedicated 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, sedimentation and erosion.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing 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 law, or which is shown 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, curbs, sidewalks, parking areas and 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, 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 STREETSStreets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor 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 performing such other duties relating to land subdivision as may be conferred on this committee by the Board.
Permission to depart from the literal requirements of Chapter 525, Zoning, pursuant to N.J.S.A. 40:55D-60; N.J.S.A. 40:55D-40b and/or N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d.
Any portion of a lot covered by tidal flow or designated by the state as wetlands; or any lands designated by the state as freshwater wetlands pursuant to N.J.S.A. 13:9B-1 et seq.