As used in this chapter, the following words shall have the meaning
indicated:
The Planning Board or Zoning Board of Adjustment acting pursuant
to the Municipal Land Use Law.
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. 58:1.
Any security which may be accepted by the municipality to guarantee
maintenance of certain improvements made pursuant to this chapter from the
date of construction or installation until the date of acceptance by the municipality
or until another specified date agreed upon by the municipality and the subdivider,
including a bond, escrow agreement or other collateral or surety agreement,
other than cash. The "maintenance guaranty" is to be posted with the governing
body for a period not to exceed two years after final acceptance of the improvement,
in an amount not to exceed 15% of the cost of the improvement.
Any security which may be accepted by the municipality in lieu of
a requirement that certain improvements be made before the Board gives final
approval to a plat, including performance bonds, escrow agreements and any
other collateral or surety agreement, provided that the municipality shall
not require more than 10% of the total "performance guaranty" in cash. The
"performance guaranty" is not to exceed 120% of the cost of installation for
the improvements deemed necessary by the appropriate Board.
A parcel or portion of land separated from other parcels or portions,
for the purpose of sale, lease or separate use, by means of a description;
for example, as on a subdivision or on a recorded map or by metes and bounds
description.
A composite of the mapped and written proposals recommending the
physical development of the municipality, which shall have been duly adopted
in part or in whole by the Planning Board as provided for in the Municipal
Land Use Law.
Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et
seq.).
A map adopted in accordance with the Municipal Land Use Law. Such
a 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.
Any person, firm, association, syndicate, copartnership or corporation
having a proprietary interest in any land sought to be subdivided in pursuance
of this chapter.
The map of a subdivision.
The final map of a subdivision, or of that portion of a subdivision
which is presented to the Board for final approval in accordance with these
regulations, and which, if approved, shall be filed with the proper county
recording officer.
A privately owned strip of land of less width than the lot depth
permitted by the applicable zoning regulation and bounded on one side by a
proposed street and on the other by the boundary of a subdivision containing
the proposed street.
Any street, avenue, boulevard, road, land, parkway, viaduct, alley
or other way which is an existing state, county or municipal roadway, or a
street or way shown upon any plat, heretofore approved pursuant to law, or
heretofore approved by official action, including all streets or ways on plats
duly filed and recorded in the office of the county recording officer prior
to the appointment of a Planning Board and prior to the grant to the Planning
Board of the power to review plats. The word "street" includes the land between
the street right-of-way lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, planted strips, parking areas and
other areas within such street lines.
Those streets which carry, or are intended to carry, a heavy volume
of traffic.
Those streets which carry traffic from minor streets to the major
system of arterial streets and highways, including the principal entrance
streets of a residential or industrial development and streets for circulation
within such a development.
Those streets which are parallel to and adjacent to arterial streets
and highways, and which provide access to abutting properties and protection
from through traffic.
Those streets which are used primarily for access to the abutting
properties.
Any person, firm, association, syndicate, partnership, corporation,
fiduciary, trust or any other legal entity seeking a subdivision of land hereunder
as owner or as agent for the owner of the land to be affected by a subdivision.
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 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, including but not limited to judgments of foreclosures;
consolidation of existing lots by deed or other recorded instrument; and 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. The term "subdivision"
shall also include the term "resubdivision."
A committee of three Planning Board members appointed annually by
the Chairman of the Planning Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter, and other matters relating
to land subdivision which may be referred to this committee by the Planning
Board for investigation, recommendation and report thereon. The Chairman of
the Subdivision Committee shall be appointed by the Chairman of the Planning
Board for a one-year term.
All subdivisions not classified as minor subdivisions.
Any subdivision of land which does not involve the creation or reassembly
of more than three lots, which does not involve planned development, which
does not involve any new street and which does not involve the extension of
any off-tract improvements.
