As used in this Title:
ALLEY shall mean a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
APPLICANT shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by this chapter for subdivision or site plan approval.
BOARD OF ADJUSTMENT shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CENTRAL PLANNING BOARD shall mean the administrative board of the City of Newark established pursuant to N.J.S. 40:55D-1 et seq.
CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CITY shall mean the City ofNewark.
CLERK shall mean the Clerk of the Municipal Council of the City ofNewark.
COMPLETE APPLICATION shall mean an application form completed and specified by this chapter and the rules and regulations of the Reviewing 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 Reviewing Board may require such additional information not specified in the ordinance, or any revisions in the accompanying documents, as are reasonably necessary or 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 revisions in the accompanying documents so required by the Reviewing Board. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Reviewing Board, and shall be deemed complete as of the day it is so certified by the Secretary to the Central Planning Board for purposes of the commencement of the time period for action by the Reviewing Planning Board.
CONSTRUCTION CODE OFFICIAL shall mean the Director of Engineering pursuant to City Ordinance 6 S+FA adopted December 21, 1977.
COUNTY shall mean County of Essex, New Jersey.
DAYS shall mean calendar days.
DEPARTMENT OF ENGINEERING shall mean an administrative department of the Newark Municipal Government established pursuant to Title II, Chapter 8 of the Revised General Ordinances of the City.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a subdivision, proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining or excavation or land fill, and any use or change in the use of any building or structure, or land or extension of use of land, for which permission may be required pursuant to this Title.
DIRECTOR shall mean the Director of Department of Engineering.
DRAINAGE shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation, or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY shall mean the land required for the 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 therein to safeguard the public against flood damage.
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL shall mean the official action of the Reviewing Board taken on a preliminary approval of the subdivision after all conditions as stated in the preliminary approval and/or other requirements have been completed and guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee.
LAND shall mean and include improvements and fixtures on, above or below the surface.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by the City for maintenance of any improvements required by this Title.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the City as set forth in and adopted pursuant to the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975 (N.J.S. 40:55D-28 et seq.).
MINOR SUBDIVISION shall mean any subdivision creating two (2) lots or fewer, all of which fronting on an existing improved street provided that:
a. Such subdivision does not involve any new street or the extension, widening or the extension of any improvement of an existing street or of any off-tract improvement or planned development or municipal utilities; and
b. Does not adversely affect adjoining property; and
c. It is not in conflict with any provisions or portion of the Master Plan, Official Map, or Zoning Ordinance or this Title; and
d. The lot, tract or parcel being subdivided, was not created by subdivision within one (1) year prior to submission of application for subdivision approval; and
e. Where subdivision involves land in Urban Redevelopment project areas and areas designated for community development, paragraphs (a) and (d) do not apply.
MUNICIPAL COUNCIL shall mean the Governing Body which acts as the chief legislative body of the City of Newark.
OFFICIAL MAP shall mean a map adopted pursuant to the Municipal Land Use Law, N.J.S. 40:55-32 et seq. Such official map shall be deemed conclusive with respect to the location and extent of flood control basins and public areas, whether or not such streets, ways, basins, or areas are improved or unimproved or are in actual physical existence.
OFF-SITE shall mean 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 a development application or contiguous portion of a street or right-of-way.
OFF-STREET shall mean not located on the property which is the subject of a development application nor a contiguous portion of a street or right-of-way off tract.
ON-SITE shall mean located on the lot in question.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER shall mean any person, as such term is defined in Section 1:1-3 of these Revised General Ordinances, having a proprietary interest in any land sought to be subdivided in pursuance of this Title.
PERFORMANCE GUARANTEE shall mean any security, which may be accepted by the City, including cash, provided that the City shall not require more than ten (10%) percent of the total performance guarantee in cash.
PLAT shall mean a map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to the Municipal Land Use Law, (N.J.S. 40:55-47, 40:55-48, 40:55D-49 and 40:55-50 et seq.), prior to final approval after specific elements of a development plan as required by the Planning Board, that have been agreed upon by the applicant.
PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational use.
RESUBDIVISION shall mean (1) 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 (2) 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.
REVIEWING BOARD shall mean the Newark Central Planning Board or Board of Adjustment, whichever Board has jurisdiction over the particular application pursuant to N.J.S. 40:55D-60 et seq.
SCREENING OFFICER shall mean the Secretary of the Central Planning Board of the City.
SECRETARY shall mean the Secretary to the Central Planning Board of the City.
SEDIMENTATION shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as product of erosion.
SHALL : The term indicates a mandatory requirement and the term "May" indicates a permissive action.
SITE shall mean any plot parcel or parcels of land.
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County, or City roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided in this chapter, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the 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, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
PRINCIPAL ARTERIAL SYSTEM . Streets and highways serving major metropolitan activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of mileage. Service to abutting land should be subordinate to the provision of travel service to major traffic movements. This system carries the major portion of trips entering and leaving an urban area, as well as the majority of through movements desiring to bypass the central city, and normally will early important intraurban as well as intercity bus routes.
MINOR ARTERIAL STREETS SYSTEM . Streets and highways interconnecting with and augmenting the City's principal arterial system and providing service to trips of moderate length at a somewhat lower level of travel mobility. The system places more emphasis on land access and distributes travel to geographic areas smaller than those identified with the higher system. It includes all arterials not classified as principal.
COLLECTOR STREETS SYSTEM . Streets penetrating neighborhoods, collecting traffic from local streets in the neighborhoods, and channeling it into the arterial systems. A minor amount of through traffic may be carried on collector streets, but the system primarily provides land access service and carries local traffic movements within residential neighborhoods, commercial, and industrial areas. It may also serve local bus routes.
LOCAL STREETS SYSTEM . Streets not classified in a higher system, primarily providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and usually early no bus routes. Service to through traffic is deliberately discouraged.
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivision within the meaning of this Act, if no new streets are created: (1) division of land found by the Central Planning Board or Subdivision Committee thereof appointed by the chairperson to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Screening Officer to conform to 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 City of Newark. The term "subdivision" shall also include the term "resubdivision."
(Ord. 6 S+FB, 2-17-82; Chapter II)
