As used in this chapter, the following terms
shall have the meanings indicated:
An application form completed as specified by this chapter
or any other applicable ordinance and the rules and regulations of
the Planning Board, and all accompanying documents required by ordinance
for approval of the application for development, including, where
applicable, but not limited to, a site plan or subdivision plat; provided
that the Planning Board or other reviewing municipal agency may require
such additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency. An application shall be certified as complete upon
the meeting of all requirements specified in this chapter and in the
rules and regulations of the municipal agency and shall be deemed
complete as of the day it is so certified by the administrative officer
of the Board for purposes of the commencement of the time periods
for action by the Planning Board or other municipal agency.
[Added 11-18-1981 by Ord. No. 81-2P]
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 governing body taken on a tentatively
approved plat after all requirements, conditions, engineering plans,
etc., 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 a land surveyor in compliance with all the
provisions of Chapter 358, Laws of 1953,[2] and is the map which must be filed with the county recorder
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 governing body for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
The Mayor and Borough Council of the Borough of Branchville.
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed or
built upon as a unit.
[Amended 11-18-1981 by Ord. No. 81-2P]
All subdivisions not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Amended 11-18-1981 by Ord. No. 81-2P]
The division of a tract of land meeting one or more of the
following conditions:
[Amended 11-18-1981 by Ord. No. 81-2P]
The division of a parcel of land for the purpose
of enlarging an adjoining lot, notwithstanding that such existing
lot, together with the added portion, still does not meet the requirements
of the Zoning chapter[3] or this chapter, wherein the remaining parcel is not in
conflict with the Zoning chapter nor is its future use or development
adversely affected.
The division of a tract of land into not more
than three lots, including the remainder of the tract being subdivided,
wherein all such lots or parcels shall meet all of the following requirements:
Such lots are not in conflict with the Zoning
chapter, 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. If the
complete development of the remaining lot or parcel, as permitted
by the Zoning chapter, would require a new road or roads, subsequent
subdivision of the remaining lot or parcel shall be accepted only
as a major subdivision.
Curbs, sidewalks and other improvements required in Article V are either in existence or the lots are located in a developed area where such improvements would normally be installed by the Borough 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 shall 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 shall not adversely
affect the uniform and comprehensive development of any remaining
parcel of adjoining land in terms of:
The subdivision does not involve a planned development.
The subdivision does not involve the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
Notwithstanding the foregoing, not more than
two lots plus a remainder shall be created by minor subdivision. Subsequent
subdivision of the remaining lot or parcel within two years from the
date of the filing of the subdivision in the County Clerk's office
shall be accepted only as a major subdivision.
A map adopted by ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
[Amended 11-18-1981 by Ord. No. 81-2P]
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 conferral of certain rights pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to final approval,
after specific elements of a development plan have been agreed upon
by the Planning Board and the applicant.
[Amended 11-18-1981 by Ord. No. 81-2P]
A map indicating the proposed layout of the subdivision which
is submitted to the Planning Board for preliminary consideration and
discussion.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Borough 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:
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.
CUL-DE-SACA street providing ingress and egress from and to an area within the same right-of-way and commonly known as a "dead-end" 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, 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:
[Amended 11-18-1981 by Ord. No. 81-2P]
Divisions of land if 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 foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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.
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The term "subdivision" shall also include the
term "resubdivision."
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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 having such
other duties relating to land subdivision as may be conferred on this
Committee by the Board.
