For the purpose of this chapter, the terms used
herein are defined as follows:
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.
"Development" may also refer to the improvement of land and, in proper
context, to a subdivision.
The lands required for the installation of stormwater sewers or drainage 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 Chapter 1 of Title 58 of the Statutes Annotated.
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.
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.
Those as outlined under preliminary plat approval, including,
but not limited to, use requirements; layout and design standards
for streets, curbs and sidewalks; lot size; yard dimensions, and off-tract
improvements; except that nothing herein shall be construed to prevent
the Borough from modifying by ordinance such general terms and conditions
of preliminary approval as relate to public health and safety.
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 or sale, lease or separate
use.
The security required for the maintenance of any improvements
required by this chapter.
Any subdivision not classified as a minor subdivision.
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 lot of land meeting one or more of the
following conditions:
The division of a lot 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 lot into not more than three
lots, one of which is the remainder of the lot being subdivided, wherein
all such lots 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 improved existing street,
as defined in this chapter, which is of the width shown on the Master
Plan.
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 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 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
three lots, including the 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 lot to be subdivided is not part of a lot
that has previously been created by virtue of a subdivision within
five years of the date of the application.
A lot line adjustment is considered a minor subdivision. In
the event there is no exacerbation of a nonconformity of the affected
lots or improvements on the affected lots, then variance approval
for preexisting nonconformities would not be required and notice of
hearing would not be required.
[Added 9-7-2022 by Ord. No. 16-2022]
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 streets, public parks and
playgrounds and drainage rights-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 on a contiguous portion of a street
or right-of-way.
Neither located on the property which is the subject of a
development application nor located on a contiguous portion of a street
or right-of-way.
Water, sewer, drainage and street improvements neither located
on the property which is the subject of a development application
nor located on a contiguous portion of street or right-of-way.
Located on the lot in question.
Located 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, other similar collateral or surety agreements and cash,
provided that the Borough shall not require more than 10% of the total
performance guaranty in cash.
The official action taken on a preliminary plat by the Planning
Board, meeting in regular session, which determines whether or not
the plat 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 in this chapter 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 for Planning Board consideration and tentative approval, and meeting requirements of Article VI 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 of the power to review plats; and includes the land
within the right-of-way, 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 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 STREETSThose which are parallel or adjacent to controlled-access highways or major thoroughfares 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 side of properties otherwise abutting on a street.
LANESWays either for vehicular or pedestrian use, leading to Lake Hopatcong or Bear Pond.
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.
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 a 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.
