This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the Township of Nutley, New Jersey."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Township of Nutley, New Jersey, in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
In accordance with R L. 1975, c. 291, the provisions of this chapter shall be administered by the Planning Board of the Township of Nutley, except that, for subdivisions which also involve a variance under N.J.S.A. 40:55D-70d, the Board of Adjustment shall administer the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER - The Nutley Township Clerk for purposes of receiving fees, receiving escrow moneys, notices to property owners, newspaper publications of public hearings, newspaper publications of decisions and such other clerical and administrative functions as may be required in the process of filing and processing development applications; and the Nutley Construction Official for purposes of technical review of development applications for purposes of determining completeness of the application, determination of whether the public hearing will be before the Planning Board or Board of Adjustment, determination of what type of approval is sought (i.e., -subdivision, conditional use approval or site plan approval) and determination of what variances are required.
APPLICANT - An individual, partnership or corporation submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to the Municipal Land Use Law.
BOARD OF ADJUSTMENT - The Nutley Board of Adjustment established pursuant to N.J.S.A. 40:55D-69 of the Municipal Land Use Law.
COMPLETE APPLICATION - An application for development which has been declared complete by the Planning Board or Board of Adjustment as meeting all the submission requirements for the type of application for which approval is sought.
COUNTY PLANNING BOARD - The Essex County Planning Board established pursuant to P .L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
DEVELOPER - 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.
DRAINAGE RIGHT-OF-WAY - 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.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
GUARANTY, MAINTENANCE - Any security which may be accepted by the municipality to guarantee maintenance. of certain improvements made pursuant to the same until the date of acceptance of the same 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.
GUARANTY, PERFORMANCE - Any security which may be accepted by the municipality in lieu of a requirement that certain improvements be made before the Planning Board gives final approval to a plat, including performance bonds, escrow agreements and any other collateral or security agreements.
LOT - A parcel of land having frontage on a street and occupied or capable of being occupied by a building or buildings, together with the open spaces appurtenant to such building or buildings, as on a recorded map or by metes and bounds description.
LOT, SUBSTANDARD - A lot which fails to meet any one (1) of the requirements of the Nutley Zoning Ordinance for lot size, lot width or lot depth.
MUNICIPAL AGENCY - The Nutley Planning Board or Board of Adjustment or Board of Commissioners.
OFF-SITE - 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 a development application or on a contiguous portion of a street or right-of-way.
OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or street right-of-way.
ON-SITE - Located on the lot in question.
ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasipublic, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLANNING BOARD - The Nutley Planning Board established pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-23 et seq.).
PLAT - A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 or 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board or Board of Adjustment and the applicant.
RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.
RESUBDIVISION - 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.
STREET - 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 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 such 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.
STREET, ARTERIAL - Those streets which carry or are intended to carry a heavy volume of traffic.
STREET, COLLECTOR - 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.
STREET, MARGINAL - 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.
STREET, MINOR - Those streets which are used primarily for access to the abutting properties.
SUBDIVIDER - 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.
SUBDIVISION :
A. The division of a lot, tract or parcel of land into two (2) 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:
(1) 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 (5) acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4) Consolidation of existing lots by deed or other recorded instrument.
(5) The conveyance of one (1) 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.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE (EXISTING AND PROPOSED) - A Committee of three (3) Planning Board members appointed annually by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and handling such other matters relating to land subdivision as- may be referred to this Committee by the 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.
SUBDIVISION, MAJOR - Any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR - Any subdivision involving the creation or reassemblage of not more than two (2) lots and containing adjoining lots, tracts or parcels, all of which front on an existing improved state, county or municipal street, and having an aggregate frontage of said state, county or municipal street of not more than one hundred fifty (150) feet, provided that such subdivision does not involve any new street or the extension or improvement of an existing street or municipal utility; that it does not adversely affect adjoining property; that it is not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance;' and that the lot, tract or parcel being subdivided was not created by subdivision within one (1) year prior to submission of application for subdivision approval.
VARIANCE - Permission to depart from the literal requirements of a Zoning Ordinance pursuant to N.J.S.A. 40:55D-406, 40:55D-70c and 40:55D-70d.
WAIVER OR EXCEPTION - Permission by the Planning Board or Board of Adjustment, when acting upon applications for preliminary or minor subdivision approval, to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this Article, if the literal enforcement of one (1) or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
