§34-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:



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 PLAT - 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.

LOT - 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.

MAJOR SUBDIVISION - All subdivisions not classified as minor subdivisions.



MASTER PLAN - 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.

MINOR SUBDIVISIONS - Any subdivision containing adjoining lots, tracts or parcels, all of which front on an existing imp-roved state, county or municipal street, and having an aggregate frontage on said state, county or municipal street, of not more than two hundred fifty (250) feet, provided:

A. That such subdivision does not involve any new street or the extension or improvement of an existing street or municipal utility as verified by the City Engineer,

B. That it does not adversely affect adjoining property, or

C. That it is not in conflict with any provision or portion of the master plan, official map or zoning ordinance.

OFFICIAL MAP - A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such 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.

OWNER - 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.

PERFORMANCE GUARANTY - 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.

PLAT - The map of a subdivision.



PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the City Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 34-10 of this chapter.

SKETCH PLAT - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 34-9 of this chapter.

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 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:

A. ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.

B. COLLATERAL STREETS - Those 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.

C. MINOR STREETS - Those which are used primarily for access to the abutting properties.

D. MARGINAL ACCESS STREETS - Streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

E. ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another.

SUBDIVISION COMMITTEE - A committee of at least three (3) 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.

SUBDIVISIONS :



A. The division of a lot, tract or parcel of land into two (2) 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, however, that no new streets or roads are involved:

(1) Division of land for agricultural purposes where the resulting parcels are three (3) acres or larger in size.

(2) Divisions of property by testamentary or intestate provisions.



(3) Divisions of property upon court order.

B. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.