As used in this chapter, 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 Chapter 1 of Title 58 of the Revised Statutes.[1]
The official action of the Planning Board taken on a tentatively
approved plat after all requirements, conditions and engineering plans
have been completed and the required improvements have been installed
or bonds properly posted for their completion. A plat that receives
such final approval must have been prepared by a licensed professional
engineer and land surveyor in compliance with all the provisions of
Chapter 358, Laws of 1953,[2] as amended and supplemented, and is the map which must
be filed with the County Clerk within 90 days after such action 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, if approved, shall be filed with the County
Clerk.
A subdivision where the majority of the lots front on lagoons
at least 100 feet in width.
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 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 municipality which shall have been
duly adopted by the Planning Board.
Any subdivision containing not more than three lots fronting
on an existing improved street, not involving any new street, road
or easement of access, or the extension of water lines and/or municipal
facilities and not adversely affecting the development of the remainder
of the parcel or adjoining property and not in conflict with any provisions
or portion of the Master Plan, Official Map, Zoning Ordinance[3] or this chapter, and provided further that the proposed
subdivision is not adjacent to any other tract or part of a tract
of vacant or unsubdivided land under the same ownership.
A map adopted in accordance with the Official Map and Building
Permit Act, Chapter 434 of the Laws of 1939,[4] or any prior act authorizing such adoption, as amended
and supplemented. 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 right-of-way shown thereon.
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.
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 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 VI of this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article VI of this chapter.
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 Clerk
prior to the appointment of a Planning Board and the grant to such
a 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:
CONTROLLED ACCESS HIGHWAYSThose used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSThose which are used primarily for fast or heavy through traffic.
MAJOR STREETSThose which are used primarily for heavy local and through traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major street, 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 SERVICE STREETSThose which are parallel or adjacent to controlled access highways or major streets, 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 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, sites or other divisions of land for the purpose, where
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: divisions of property
by testamentary provisions or intestacy, or divisions of property
upon court order. "Subdivision" also includes resubdivision, and where
appropriate to the context, relates to the process of subdividing
or to the land or territory divided.
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 chapter, and such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
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
tentative approval confers certain irrevocable rights upon a subdivider
for a period of three years on condition that the general terms and
conditions specifically agreed upon will be fully met and, further,
that the final plat will be submitted for final approval within the
three-year time period.
[1]
Editor's Note: Former Chapter 1 of Title 58
of the Revised Statutes was repealed by L. 1945, c. 22, p. 79, § 44,
effective July 1, 1945; L. 1979, c. 359, § 15, effective
January 31, 1980; and by L. 1981, c. 262, § 26, effective
August 13, 1981. See now Title 58, Chapter 1A.
[2]
Editor's Note: See N.J.S.A. 46:23-9.8 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
