For the purpose of this chapter, the terms used herein are defined as follows:
APPLICANT The developer submitting an application for development.
APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or permit to build in a mapped area or for a structure not related to a street.
CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review as provided in this chapter.
DAYS Calendar days unless otherwise specified.
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.
DEVELOPMENT The process of subdividing or obtaining site plan review. It may also refer to the improvement of land and, in proper context, to a subdivision.
FINAL SITE PLAN APPROVAL The approval required prior to issuance of a building permit or other permit authorizing the development of land.
GENERAL TERMS AND CONDITIONS Those as outlined under preliminary 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; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
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 purchase or sale, lease or separate use.
MAINTENANCE GUARANTY The security required for the maintenance of any improvements required by this chapter.
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 the development application or a contiguous portion of a street or right-of-way.
OFF-TRACT Neither located on the property which is the subject of a development application nor located on contiguous portions of a street or right-of-way.
OFF-TRACT IMPROVEMENTS 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 a street or 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.
OWNER Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings for site plan approval for the same under this chapter and, for the purpose of this chapter, shall include the developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.
PERFORMANCE GUARANTY The security which may be accepted in lieu of a requirement that certain improvements be made before the reviewing board approves a final site plan application, 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.
PRELIMINARY SITE PLAN APPROVAL The approval given to a preliminary site plan when the plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the rights provided in § 191-8 of this chapter.
PUBLIC DRAINAGEWAY 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.
RECYCLING AREA Space allocated for collection and storage of source-separated recyclable materials. [Added 11-4-1993 by Ord. No. 21-93]
REVIEWING BOARD The Borough Planning Board or Zoning Board of Adjustment, whichever Board has jurisdiction over the particular application, and is synonymous with "reviewing agency."
SITE PLAN A development plan containing the items required by virtue of the provisions of this chapter as a condition for the issuance of a permit for development.
SITE PLAN APPLICATION An application to the reviewing board requesting site plan review and approval and accompanied by all of the information required by this chapter.
SUBDIVISION
A. 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:
(1) 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.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order.
(4) Conveyances so as to combine existing lots by deed or other instrument.
B. 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 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 shall be considered a subdivision of land.
