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.

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. "Development" may also refer to the improvement of land and, in proper context, to a subdivision.

DRAINAGE RIGHT-OF-WAY 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.

FINAL APPROVAL 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.

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.

GENERAL TERMS AND CONDITIONS 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.

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.

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.

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 SUBDIVISION The division of a lot of land meeting one or more of the following conditions:

A. 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 nor is its future use or development adversely affected.

B. 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:

(1) Said lots are not in conflict with the Zoning Ordinance, Master Plan or Official Map.

(2) All lots front on an improved existing street, as defined in this chapter, which is of the width shown on the Master Plan.

(3) No new streets or roads are involved.

(4) 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.

(5) The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.

(6) 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.

(7) The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:

(a) Suitable future road access and desirable future road and lot patterns.

(b) Future water and sanitary sewer utility installations and storm drainage improvements.

(8) 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.

(9) 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.

OFFICIAL MAP 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.

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 on 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 a contiguous portion 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 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 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.

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, 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 APPROVAL 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.

PRELIMINARY PLAT 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.

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.

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 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:

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

B. COLLECTOR STREETS - Those 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.

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

D. MARGINAL ACCESS STREETS - Those which are parallel or adjacent to controlled-access highways or major thoroughfares 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 side of properties otherwise abutting on a street.

F. LANES - Ways either for vehicular or pedestrian use, leading to Lake Hopatcong or Bear Pond.

SUBDIVIDER An applicant for development.

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 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, shall be considered a subdivision of land.

SUBDIVISION COMMITTEE 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.