As used in this chapter, the following words
shall have the meanings hereinafter set forth:
APPLICANT
The developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat.
COMPLETE APPLICATION
An application form completed as specified by this chapter
or any other applicable ordinance and the rules and regulations of
the Planning Board 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 Planning Board or other reviewing municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are 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
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 Planning Board
for purposes of the commencement of the time periods for action by
the Planning Board.
[Added 3-25-1980; amended 10-26-2021 by Ord. No.
2021-12]
DEVELOPER
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.
DEVELOPMENT
The process of subdividing or obtaining site plan review.
It may also refer to the improvement of land and, in proper context,
to a subdivision.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream of water 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 Revised Statutes.
FINAL APPROVAL
The official action of the Planning Board taken on an approved
preliminary plat after all requirements, conditions, engineering plans,
etc., have been completed and the required improvements installed
or bonds properly posted for their completion. A plat that receives
such final approval must have been prepared by a licensed professional
engineer and a land surveyor in compliance with all the provisions
of N.J.S.A. 46:23-9.9 et seq. and is the map which must be filed with
the County Clerk in accordance with N.J.S.A. 40:55D-54 in order to
make the approval binding.
FINAL PLAT
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.
LARGE-LOT SUBDIVISION
A subdivision specifically permitted by provisions in the
Zoning Ordinance of the township in which private roads and facilities are permitted under
an approved contractual arrangement for the maintenance thereof by
the lot owners, which roads and facilities are subject to less stringent
regulations than otherwise required for subdivisions and which lots
have a minimum area requirement of six acres.
LOT
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 purchase of sale, lease or separate
use.
MASTER PLAN
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.
MINOR SUBDIVISION
The division of a tract of land meeting one or more of the
following conditions:
[Amended 3-25-1980]
A.
The division of a parcel of land for the purpose
of enlarging an adjoining parcel wherein the remaining parcel is not
in conflict with the Zoning Ordinance nor is its future use or development
adversely affected.
B.
The division of a tract of land into not more
than three lots, plus the remainder of the tract being subdivided,
wherein all such lots or parcels meet all of the following requirements:
(1)
Said lots are not in conflict with the Zoning
Ordinance, Master Plan or Official Map.
(2)
All lots front on an existing street as defined
in this chapter which is of the width shown on the Master Plan and
which is improved sufficiently to meet all requirements of N.J.S.A.
40:55D-35 so that a building permit could be issued to construct a
building on each lot.
(3)
No new streets or roads are involved.
(4)
Curbs, sidewalks and other improvements required in Article
VII are either in existence or the lots are located in a developed area where such improvements would normally be installed by the township either as a general improvement or by assessment against benefiting property owners.
(5)
The resulting lots are suitable for their intended
purpose without the necessity of making unusual changes in grades
of the lots.
(6)
The creation of the lots will not produce a
drainage problem or result in the necessity for drainage improvements
or any other type of off-tract improvement.
(7)
The creation of the lots with not adversely
affect the uniform and comprehensive development of any remaining
parcel or adjoining land in terms of:
(a)
Suitable future road access and desirable future
road and lot patterns.
(b)
Future water and sanitary sewer utility installations
and storm drainage improvements.
(8)
The land sought to be subdivided has not been
subject to a minor subdivision within two years prior to application.
(9)
The subdivision does not involve a planned development.
(10)
The subdivision does not involve the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
MINOR SUBDIVISION PLAT
The final map of a minor subdivision which is presented to
the Planning Board for approval and which, if approved, shall be filed
with the proper county recording officer.
OFFICIAL MAP
A map adopted in accordance with the provisions of N.J.S.A.
40:55D-32 et seq. Such 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.
OFF-SITE
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 the development application or on contiguous portions of a street
or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on contiguous portions of a street or right-of-way.
OFF-TRACT IMPROVEMENTS
Street improvements, transportation improvements, water facilities,
sewage facilities, drainage facilities, educational facilities, open
space, recreational facilities, cultural facilities, fire protection
facilities and general municipal or public facilities and easements
therefor located outside the property limits of the development but
reasonably related to construction or improvements within the development
or on a contiguous portion of a street or right-of-way.
[Amended 10-10-1989]
ON-SITE
Location on the lot in question.
ON-TRACT
Location on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OWNER
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, and for the purpose of this chapter shall
include a developer, applicant, agent, engineer or other person authorized
to represent the owner, as defined herein.
PERFORMANCE GUARANTY
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.
PLAT
The map of a subdivision.
PRELIMINARY APPROVAL
The official action taken on a preliminary plat by the Planning
Board meeting in regular session which determines whether or not the
maps submitted are in proper form and meet the established standards
adopted for design, layout and development of the subdivision. Such
preliminary approval confers upon a subdivider all rights provided
for by virtue of the provisions of N.J.S.A. 40:55D-49.
PRELIMINARY PLAT
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
VI of this chapter.
PUBLIC DRAINAGEWAY
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.
RESUBDIVISION
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.
STREET
Any avenue, street, 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:
C.
MAJOR STREETSThose which are used primarily for heavy local and through traffic.
D.
COLLECTOR STREETSThose which carry traffic from minor streets to the major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
E.
MINOR STREETSThose which are used primarily for access to the abutting properties.
F.
MARGINAL ACCESS STREETSThose which are parallel or adjacent to controlled access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.
G.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting a street.
SUBDIVISION
[Amended 3-25-1980]
A.
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:
(1)
Divisions of land, if 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.
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other
recorded instrument.
(5)
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.
B.
The term "subdivision" shall also include the
term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing applications
for subdivisions and site plans in accordance with the provisions
of this chapter for the purpose of determining whether the applications
are complete.