This Part 1 shall be known and may be cited
as the "Land Subdivision Ordinance of the Township of Maple Shade."
The purpose of this Part 1 shall be to provide
rules, regulations and standards to guide land subdivision in the
Township of Maple Shade in order to promote the public health, safety,
convenience and general welfare of the Township. It shall be administered
to ensure orderly growth and development, the conservation, protection
and proper use of land, and adequate provision for circulation of
motor vehicle and pedestrian traffic, utilities and services.
[Amended 1-5-1977 by Ord. No. 1976-25]
The approval provisions of this Part 1 shall
be administered by the Planning Board of the Township of Maple Shade
in accordance with N.J.S.A. 40:55D-1 et seq.
A.Â
Whenever a term is used in this Part 1 which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in a definition of such term found in said statute, unless
a contrary intention is clearly expressed from the context of this
Part 1.
[Added 1-5-1977 by Ord. No. 1976-25]
B.Â
DRAINAGE RIGHT-OF-WAY
FINAL PLAT
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OFFICIAL MAP
OWNER
PERFORMANCE GUARANTY
PLAT
PRELIMINARY PLAT
SITE PLAN
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
SKETCH PLAT
STREET
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
SUBDIVIDER
SUBDIVISION
SUBDIVISION COMMITTEE
As used in this Part 1, the following terms shall
have the meanings indicated:
The lands required 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 therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:16A-50 et seq. (the Flood Hazard Area Control Act).
[Amended 9-20-2000 by Ord. No. 2000-11]
The final map of all or a portion of a 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 the purpose of sale, lease or separate
use.
All subdivisions not classified as minor subdivisions.
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 four lots fronting on an existing minor 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 205, Zoning, or this Part 1.
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.,
or any prior 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, drainage rights-of-way and other data
shown thereon.
[Amended 1-5-1977 by Ord. No. 1976-25]
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 Part 1.
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.
The map of a subdivision.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains and waterways; the location and size of all existing and proposed buildings, parking spaces, signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination as to the adequacy of the plan in accordance with the requirements of Chapter 178, Part 2, Site Plan Review, or any other applicable ordinance.
[Added 4-15-2009 by Ord. No. 2009-07]
MINOR SITE PLANA development plan for less than 1,000 square feet of new floor area and/or less than 5,000 square feet of new impervious surface, which:
Proposes new development within the scope of
development specifically permitted by this chapter as a minor site
plan;
Does not involve planned development, any new
street, or extension of any off-street improvement which is to be
prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42);
and
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance for approval of a minor site plan have been
met.
MAJOR SITE PLANAny site plan not classified as a minor site plan.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Township
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 Part
1, "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 Part 1 to effect a subdivision of land hereunder for himself
or herself or for another.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development; except that
the following divisions shall not be considered "subdivisions," provided
that no new streets or roads are involved: 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; and conveyances so as to combine existing lots by deed or other
instrument. "Subdivision" also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided.
[Amended 1-5-1977 by Ord. No. 1976-25]
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 Part 1, and having such
other duties relating to land subdivision as may be conferred onÂ
this Committee by the Board.[1]