This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the Borough of Paramus."
The following words, terms or phrases, when
used in this chapter, shall have the meanings ascribed in this section:
COMPLETE APPLICATION
An application form and accompanying maps and documents as required in Article
V hereunder. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete.
DRAINAGE RIGHT-OF-WAY
The land required for the installation of stormwater sewers
or drainage ditches or required for drainage purposes along a natural
stream or watercourse or other body of water.
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 regulations established by this chapter and which, if approved,
shall be filed with the proper county recording officer.
LOT
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision plat or record of
survey map, or by metes and bounds for purpose of sale, lease or separate
use.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Borough Planning Board.
MINOR SUBDIVISION
A subdivision of land that does not involve:
A.
The creation of more than three lots, including
the remainder of the original lot;
C.
New street or extension of any off-tract improvement
(no development on unimproved streets is permitted without authorization
by the Mayor and Council).
OFFICIAL MAP
A map adopted in accordance with the N.J.S.A. 40:55D-32 et
seq. or any prior act authorizing such adoption. Such a map shall
be deemed conclusive with respect to the location, width and extent
of streets and other areas shown thereon, as provided in N.J.S.A.
40:55D-32 et seq.
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 a contiguous portion of a street
or right-of-way.
OFF-TRACT AND OFF-SITE IMPROVEMENT
Improvement outside the tract or site in question, respectively,
to accommodate conditions generated on the tract or site as a result
of the proposed development which shall include, but not be limited
to, the installation of or improvements to water, sewer, drainage
and street improvements.
ON-SITE
Location on the lot in question.
ON-TRACT
Located 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.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board of governing
body approves a plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board or Zoning Board of Adjustment Secretary for consideration by the applicable Board and tentative approval and meeting the requirements of Article
V of this chapter.
RESERVE STRIP
A privately owned strip of land of less width than the lot
depth permitted by the applicable zoning regulations and bounded on
one side by a proposed street and on the other by the boundary of
a subdivision.
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.
[Added 11-24-1992 by Ord. No. 92-23]
STREET
Any street, avenue, 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:
B.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, as identified in the Master Plan.
C.
MINOR STREETSThose which are used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSStreets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
SUBDIVIDER
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
of for another.
SUBDIVISION
A.
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, however, that no new streets or roads are involved:
(1)
Division of land found by the Planning Board
to be for agricultural purposes where the 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 limited to judgments of foreclosures.
(4)
Consolidation of existing lots by deed or other
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 Building Subcode Official
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.
"Subdivision" also includes resubdivision and
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board or Zoning Board
members appointed by the Chairman of the Board for the purposes of
performing such duties related to land subdivision as may be conferred
on the Committee by the Board.
The rules, regulations and standards contained
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the approving agency under terms
of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
subdivider or his agent can clearly demonstrate that because of peculiar
conditions pertaining to his land the literal enforcements of one
or more of these regulations is impracticable or will exact undue
hardship, the approving agency may permit such variance or variances
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.
[Added 5-14-1991 by Ord. No. 91-19]
Upon the approval of any minor or major subdivision,
the applicant shall pay to the Borough of Paramus a fee of $50 per
lot for the purpose of updating and amending the Borough Tax Map to
reflect any necessary changes occasioned by said subdivision.