As used in this chapter, the following terms
shall have the meanings indicated:
The Secretary of the Planning Board.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat.
The Planning Board of the Borough of Lavallette.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction
project.
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 transshipment points.
A composite of the Master Plan for the physical development
of Ocean County 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 40:27-4.
The Planning Board of Ocean County.
Calendar days.
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 landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required.
A Zoning Ordinance, Subdivision Ordinance, or other municipal
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 and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or those 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 the
provisions of Title 58 of the New Jersey Revised Statutes.
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 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
guaranties.
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.
The Mayor and Council of the Borough of Lavallette.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey
1975.[1]
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by the
Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.[2]
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality and adopted by the Borough of
Lavallette.
A subdivision of land that does not involve the creation
of more than three lots, any new street or the extension of any off-tract
improvement.
The Borough of Lavallette.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Located 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 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.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
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.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Chapter 291 of the Laws of New Jersey
1975.[3]
This term designates the submission of the application and
plat when the Planning Board has determined that these documents are
complete in all detail and comply with all applicable requirements
of local and state regulations.
Any security which may be accepted by a municipality, including
cash, provided that not more than 10% of the total performance guaranty
shall be required to be in cash.
The Planning Board of the Borough of Lavallette.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to Article III of this chapter prior to final approval after specific elements of a development plan 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 Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of Article IV of this chapter.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
The majority of the full authorized membership of the Planning
Board or the governing body.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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 instrument.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article IV of this chapter.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
which is shown upon a plat heretofore approved pursuant to law, which
is approved by official action as provided by this act 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:
CONTROLLED ACCESS HIGHWAYSThose that are used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSThose which are used primarily for fast or heavy through traffic.
MAJOR STREETSThose which are used primarily for heavy local and through traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major street, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL SERVICE STREETSThose which are parallel or adjacent to controlled access highways or major streets 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.
OCEAN AVENUEFor purposes of this chapter and for zoning permit, minor subdivision application and/or minor subdivision approvals only, that municipal right-of-way now or formerly known as Ocean Avenue for its entire length as shown on any prior official tax map of the Borough of Lavallette or the County of Ocean shall be considered as a minor street in accordance with the use and definition in Subsection E above.
[Added 8-3-2020 by Ord. No. 2020-06 (1206)]
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
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/herself
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 Chair 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; and conveyances so as to combine existing lots by deed or other
instrument. The term “subdivision” shall also include
the term “resubdivision.”
A way for carrying pedestrian traffic which may be located
within the rights-of-way provided for a street or may be located adjacent
to a property line, between lots, and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
The Zoning Ordinance of the Borough of Lavallette.[4]
