[Amended 9-11-1978]
As used in this chapter, the following words
shall have the meanings hereinafter set forth:
The developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat.
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.
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.
The lands required for the installation of stormwater 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 N.J.S.A. 58:16A-1 et seq.
[Amended 6-9-1986 by Ord. No. 224]
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 received
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.
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.
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.
All subdivisions not classified as minor subdivisions.
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.
The division of a tract of land meeting one or more of the
following conditions:
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[1] nor is its future use or development adversely affected.
The division of a tract of land into not more
than two lots plus the remainder of the tract being subdivided wherein
all such lots or parcels meet all of the following requirements:
Said lots are not in conflict with the Zoning
Ordinance, Master Plan or Official Map.
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.
No new streets or roads are involved.
Curbs, sidewalks and other improvements required in Article VI are either in existence, or the lots are located in a developed area where such improvements would normally be installed by the town either as a general improvement or by assessment against benefiting property owners.
The resulting lots are suitable for their intended
purpose without the necessity of making unusual changes in grades
of the lots.
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.
The creation of the lots will not adversely
affect the uniform and comprehensive development of any remaining
parcel or adjoining land in terms of:
Notwithstanding the foregoing, not more than
two lots and a remainder shall be created by "minor subdivision" if
complete development of the remaining lot or parcel, as permitted
by the Zoning Ordinance, would require a new road or roads. Subsequent
subdivision of the remaining lot or parcel shall be accepted only
as a major subdivision.
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.
A map adopted in accordance with the provisions of N.J.S.A.
40:55D-32 et seq. Such a map shall be deemed to be conclusive with
respect to the location and width of the street, public parks and
playgrounds, and drainage right-of-way shown thereon.
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 contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on contiguous portions of a street or right-of-way.
Water, sewer, drainage and street improvements 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.
Location on the lot in question.
Location on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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 developer, applicant, agent, engineer or other person authorized
to represent the owner, as defined herein.
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.
The official action taken on a preliminary plat by the Planning
Board meeting in regular session which determines whether or not the
map submitted is in proper form and meets 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.
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 V of this chapter.
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.
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.
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 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:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
MAJOR STREETSThose which are used primarily for fast or heavy traffic.
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.
MINOR STREETSThose which are used primarily for access to the abutting properties.
An applicant for development.
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 the resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order; or
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.
The transfer of title to one or more adjoining
lots owned by the same person or persons as the same are designated
on a map filed in the Sussex County Clerk's office prior to the establishment
of a Planning Board in the Borough pursuant to the Municipal Planning
Act of 1953[2] shall be considered a "subdivision" of land.
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.
