The word "person" includes a corporation as
well as an individual; the word "occupied" includes the words "designed
or intended to be occupied"; the word "used" shall include the words
"arranged, designed, constructed, altered, converted, rented, leased,
or intended to be used"; the word "abut" shall include the words "directly
across from," "adjacent" and "next to"; and the word "shall" is mandatory
and not optional.
[Amended by Ord. No. 7-1984; Ord. No. 19-1987; Ord. No. 30-2001]
As used in this chapter, the following terms
shall have the meanings indicated:
Any development for which an application for development
is necessary.
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.
The legal or beneficial owner or owners of land to be subdivided.
The holder of an option or contract to purchase, or other person or
persons having an enforceable proprietary interest in such land, may
be considered to be an applicant for the purpose of this chapter.
The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in Chapter 400, Zoning, and as further specified herein.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
A construction permit as described in Section 12 of the State
Uniform Construction Code Act, P.L. 1975, c. 217.[1]
A street or system of streets with only a single means of
ingress and egress and having a turnaround at the end of the street.
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, for which permission may be required pursuant to this chapter.
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.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the Township, whose right
to use, acquire, or enjoy property is or may be affected by any action
taken under this chapter, or whose rights to use, acquire, or enjoy
property under this chapter, or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
A parcel or portion of land separated from other parcels or portions by description as on a subdivision of record, or survey map or by metes and bounds for purposes of sale, lease, or separate use. A street, road, driftway, passing through land shall be considered as having divided the land into lots. A building lot shall be one meeting the minimum area and dimension requirements as specified in Chapter 400, Zoning, and fronting on an approved and improved street.
Any subdivision not classified as a minor subdivision by
the Planning Board.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
A composite of the mapped and written proposals recommending
the physical development of the Township which shall have been duly
adopted by the Planning Board.
Any subdivision containing not more than three lots exclusive of the remaining lot or parcel fronting upon an existing street, not involving any new street 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 an adopted Master Plan, Official Map, Chapter 400, Zoning, or of this chapter.
A minor subdivision shall also include a subdivision of not more than three building lots (or as further permitted in Chapter 325, Article IV, Street Construction Standards), each consisting of five acres or more and each with access along a Class III common driveway constructed and maintained for the private use of the owners of the lots for ingress and egress to the public road, and with minimum frontage as set forth in § 330-45C.
A map adopted in accordance with the Municipal Land Use Law,
Chapter 291, Laws of 1975, or any prior act authorizing such adoption,
and which map shall be deemed to be conclusive with respect to the
location and width of streets, public parks and playgrounds, drainage
rights-of-way, flood control basins, and historic sites.
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.
The line, which is formed by following the outside boundaries
of the area inundated by a one-hundred-year flood. A one-hundred-year
flood is estimated to have 1% chance or one chance in 100 being equaled
or exceeded in any one year. The one-hundred-year flood line shall
be determined by reference to N.J.A.C. 7:13-2.3 and 2.4.
Any individual, firm, association, syndicate, co-partnership
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, including cash, which is acceptable to the
Township under the terms of this chapter. No more than 10% of the
total performance guarantee shall be required to be in the form of
cash.
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 these regulations, and which, if approved, shall be filed with
the Clerk of the County of Hunterdon for recording in accordance with
law. A plat that receives final approval shall have been prepared
by a New Jersey licensed professional engineer or land surveyor in
accordance with all of the provisions of Chapter 141, Laws of 1960.[2]
The sketch map of a major subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article VI, Plat Details, of this chapter.
The conferral of certain rights prior to final approval 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.
An amount of money calculated to reimburse the Township for
its costs in processing the matter involved. Such fees shall be set
annually by resolution of the Township Committee.
Includes, where applicable, approved individual sanitary disposal systems as described in § 330-35B.
Any path that conveys surface water runoff. Flow paths with
a total contributory drainage area less than 50 acres must have definable
bed and banks to be included in a stream corridor. "Stream corridor"
also includes all of the land within the one-hundred-year flood line
on either side of that portion of the designated stream or tributary
and all of the land within a one-hundred-foot-wide buffer around the
one-hundred-year flood line on either side of that portion of the
designated stream or tributary. In cases where slopes greater than
15% abut the outer boundary of the stream corridor, the area of such
slopes shall also be included within the stream corridor.
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 this chapter; 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.
A county or state highway.
A street which carries traffic from local streets to the
major system of arterial streets. Collector streets shall include
the principal entrance street(s) of a residential development and
streets for circulation within such a development.
A street which is used primarily for access to the abutting
properties.
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
See "street, local."
Any individual, firm, association, syndicate, co-partnership,
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 approved 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 interstate
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 committee of at least three Planning Board members appointed
by the Chairman of the Board for the purposes of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.
The person designated by the Township Committee as the Township
Engineer.
