As used in this chapter.
a. APPLICANT shall mean the developer submitting an application for development.
b. APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat.
c. DEVELOPER shall mean the legal or beneficial owner or owners of a lot or 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.
d. DEVELOPMENT shall mean 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.
e. DRAINAGE RIGHT-OF-WAY shall mean 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 Chapter One of Title 58 of the Revised Statutes.
f. FINAL APPROVAL shall mean 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. A plat that receives such final approval must have been prepared by a licensed professional engineer and a land surveyor in compliance with all the provisions of N.J.S.A. 46:23-9.9 et seq. and is the map which must be filed with the county clerk in accordance with C. 40:55D-54 in order to make the approval binding.
g. FINAL PLAT shall mean 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.
h. GENERAL TERMS AND CONDITIONS shall mean those as outlined under preliminary plat details subsection 12-6.1 and the design standards as outlined under section 12-8.
i. LARGE LOT SUBDIVISION shall mean a subdivision specifically permitted by subsection 13-4.5g of the zoning ordinance in which lots and facilities are subject to less stringent regulations than otherwise required for subdivisions. Lots shall have a minimum area requirement of three acres with a maximum gross tract density of five acres per lot determined as follows: the total gross area of the tract shall be divided by five to determine the maximum number of allowable lots.
j. LOT shall mean 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 sales, lease, or separate use.
k. MAJOR SUBDIVISION shall mean all subdivisions not classified as minor subdivisions.
l. MASTER PLAN shall mean a composite of the mapped and written proposals recommending the physical development of the township which shall have been duly adopted by the land use board.
m. MINOR SUBDIVISION shall mean the division of a tract of land meeting one or more of the following conditions:
1. The division of a parcel of land for the purpose of enlarging an adjoining lot, notwithstanding that such existing lot, together with the added portion. still does not meet the requirements of the zoning ordinance or this chapter, wherein the remaining parcel is not in conflict with the zoning ordinance nor is its future use or development adversely affected.
2. Any division of land for the creation of not more than three lots (three new lots and the remaining parcel) so long as the remainder is capable of future subdivision: if, however, such remainder is not capable of future subdivision. such remainder shall be counted as a lot and all such lots or parcels shall meet the following requirements:
(a) The lots are not in conflict with the zoning ordinance, master plan or official map.
(b) All lots 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 N.J.S.A. 40:55D-35 so that a building permit could be issued to construct a building on each lot.
(c) No new streets or roads are involved.
(d) Curbs, sidewalks and other improvements required in section 12-7 are either in existence or would normally be installed by the township either as a general improvement or by assessment against benefiting property owners.
(e) The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
(f) The creation of the lot's will not produce a drainage problem or result in the necessity for drainage improvements or any other type of off-tract improvement.
(g) The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:
(1) Suitable future road access and desirable future road and lot patterns:
(2) Future water and sanitary sewer utility installations and storm drainage improvement.
(h) Notwithstanding the foregoing, not more than , three lots plus a 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.
(i) Notwithstanding the foregoing. where the subdivision does not comply with the provisions of subparagraph 2a hereof, the reviewing board may consider the subdivision as a minor subdivision if, in its opinion, the conflict with the zoning ordinance, master plan or official map does not require that the subdivision . be classified as a major subdivision.
(j) Any further subdivision of a tract which has previously been granted minor subdivision approval within a two year period from the submission date of the current application shall be considered a major subdivision if the prior approval and current application result in more than three new lots being created.
n. MINOR SUBDIVISION PLAT shall mean the final map of a minor subdivision, which is presented to the land use board for approval, and which is approved shall be filed with the proper county recording officer.
o. OFFICIAL MAP shall mean a map adopted in accordance with the provisions of c. 40:5513-32 et seq. Such a 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.
**Webmasters Note: The previous sections, 12-1 through 12-4.o, have been amended as per Supplement No. 16.
1 Controlled access regional highways are those that are used by heavy through traffic and which permit no access from abutting property
2 Arterial streets are those which are used primarily for fast or heavy traffic
3 Major streets are those which are used primarily for heavy local and through traffic.
4 Collector streets are those which carry traffic from minor streets to the major streets, including the principal entrance streets of residential development and streets for circulation within such a development
5 Minor streets are those which are used primarily for access to the abutting properties
6 Marginal access streets are 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
7 Alleys are minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street
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, or
4. Conveyances so as to combine existing lots by deed or other instrument. 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 township pursuant to the Municipal Planning Act of 1953 shall be considered a subdivision of land.
