As used in this chapter, the following words shall have the meanings hereinafter set forth.
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.
COMPLETE APPLICATION . An application form completed as specified by this or any other applicable ordinance and the rules and regulations of the
* The power to regulate zoning is contained in R.S. 40:55D-1, et seq. planning board, and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the planning board or other reviewing municipal agency may require such additional information not specified in the ordinance, or any revisions in the accompanying documents which are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time periods for action by the planning board or other municipal agency.
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.
DRAINAGE RIGHT-OF-WAY . The lands required for the installation of storm water 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 R.S. 58:1.
FINAL APPROVAL . The official action of the planning board taken on an approved preliminary plat after all conditions, engineering plans, and other requirements have been completed and the required improvements installed or bonds properly posted for their completion. A plat that receives such final approval shall have been prepared by a professional engineer licensed in the State of New Jersey, and a land surveyor in compliance with all the provisions of R.S. 46:23-9.9 et seq and shall be the map which must be filed with the county clerk in accordance with R.S. 40:55D-54 in order to make the approval binding.
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 . The general terms and conditions shall be those outlined under preliminary plat details, section 19-6 and the design standards as outlined under section 19-8.
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 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 town which shall have been duly adopted by the planning board.
MINOR SUBDIVISION . The division of a tract of land meeting one or more of the following conditions:
(a) The division of a parcel of land 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 tract of land into no more than two lots plus the remainder of the tract being subdivided wherein all such lots or parcels meet all of the following requirements:
(1.) Such lots shall not be in conflict with the zoning ordinance, master plan or official map.
(2.) All lots shall front on an existing street as defined in this chapter which is of the width shown on the master plan and which is improved sufficiently to meet all requirements of R.S. 40:55D-35 so that a building permit could be issued to construct a building on each lot.
(3.) No new streets or roads shall be involved.
(4.) Curbs, sidewalks and other improvements required in section 19-7 are either in existence or the lots are located in a developed area where such improvements would normally be -installed by the town either as a general improvement or by assessment against benefitting property owners.
(5.) The resulting lots shall be suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
(6.) The creation of the lots shall not produce a drainage problem or result in the necessity for drainage improvement 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 installation and storm drainage improvements.
(8.) The creation of the lots shall be in conformance with the zone plan and zone scheme for the area and immediately surrounding neighborhood.
(9.) Notwithstanding the foregoing, no more than two lots and a remainder shall be created by minor subdivision, if complete development of remaining lot or parcel, as permitted by the zoning chapter, would require a new road or roads. Subsequent subdivision of remaining lot or parcel shall be accepted only as a major subdivision.
MINOR SUBDIVISION PLAT . The final map of a minor subdivision which is presented to the planning board for approval and which, if approved, shall be filed with the proper county recording officer.
OFFICIAL MAP . A map adopted in accordance with the provisions of R.S. 40:55D-32 et seq. Such map shall be deemed to be conclusive with respect to the location and width of the street, public parks and playgrounds, and drainage right-of-way shown thereon.
OFFSITE . 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 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 contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENTS . Water, sewer, drainage and street improvements not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ONSITE . Location on the lot in question.
ON-TRACT . Location 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, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide such land 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 GUARANTEE . 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 APPROVAL . The official action taken on a preliminary plat by the planning board meeting in regular session which determines whether or not the maps submitted are in proper form and meet the established standards adopted for design, layout and development of the subdivision. Such preliminary approval shall confer upon a subdivider all rights provided for by virtue of the provisions of R.S. 40:55D-49.
PRELIMINARY PLAT . The preliminary map indicating the proposed layout of the subdivision submitted to the secretary of the planning board for planning board consideration and tentative approval and meeting requirements of section 19-6 of this chapter.
PUBLIC DRAINAGEWAY . The land reserved or dedicated for installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
RE-SUBDIVISION . 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 establishment of any new streets within any subdivision previously made and approved or recorded according to law. Resubdivision shall not include conveyances 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. "Street" shall include 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 streets used primarily for fast or heavy traffic.
b. Major Streets. Those streets used primarily for heavy local and through traffic.
c. Collector Streets. Those streets which carry traffic from minor streets to- major streets, including principal entrance streets of a residential development and streets for circulation within such a development.
d. Minor Streets. Those streets used primarily for access to the abutting properties
e. Marginal Access Streets. Those streets parallel or adjacent to controlled access highways or major thoroughfares; and which provide access to abutting properties and protection from through traffic.
f. Alleys. Minor ways used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
SUBDIVIDER . An applicant for development.
SUBDIVISION . The division of a lot, tract or parcel of land into two 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:
(a.) Divisions of land, if found by the planning board or subdivision committee thereof appointed by the chairman, to be used for agricultural purposes where all resulting parcels are five acres or larger in size.
(b.) Divisions of property by testamentary or intestate provisions.
(c.) Divisions of property upon court order, including but not limited to judgments of foreclosure.
(d.) Consolidation of existing lots by deed or other recorded instrument.
(e.) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons all of which are found and certified by the administrative officer to conform with 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 town. The term "subdivision" shall also include the term "resubdivision."
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.
