Township of Mansfield, NJ Article II Definitions

§ 50-3 Definitions.

A. Whenever a term is used in this chapter, which is defined in P.L. 1975, c. 291,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. The following specific words and terms are hereby defined:

AS-BUILT PLANS

Plans which show the exact location and elevation of all improvements which have been made a part of the subdivision. This shall include, but not necessarily be limited to, water mains, sanitary and storm sewers, underdrains, culverts, electric lines, telephone lines, etc.

CARTWAY or ROADWAY

The portion of a street right-of-way, paved or unpaved, intended for vehicular use.

DEDICATED RIGHT-OF-WAY

A strip or parcel of land dedicated or required to be dedicated for use as a street or cartway and intended to accommodate improvements.

[Added 11-30-1989 by Ord. No. 1989-17]

DEDICATED STREET IMPROVEMENTS

Those improvements required under this Code or by any action of a municipal agency approving an application for development that are dedicated or required to be dedicated as part of a street or located within the street lines.

[Added 11-30-1989 by Ord. No. 1989-17]

DRAINAGE RIGHT-OF-WAY

The dedicated lands required for the installation and/or maintenance of storm sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage. These lands shall not be used in the calculation of lot area.

EASEMENT

A right-of-way granted but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any structure for which a construction permit is required. The maintenance or restoration of landscaping and pavement within an easement is the responsibility of the owner of the property.

INDUSTRIAL STREET

See "street, industrial."

INDUSTRIAL SUBDIVISION

See "subdivision, industrial."

INTERIOR WALKS or PEDESTRIANWAY

A right-of-way provided for the purpose of pedestrian access and passage.

MAINTENANCE

The actions or functions necessary to keep improvements or property in repair or serviceability so that the same are fit, safe and usable for the purposes intended. Maintenance shall include, but is not necessarily limited to, timely control and removal of snow and ice during adverse weather conditions.

[Added 11-30-1989 by Ord. No. 1989-17]

MULTIFAMILY

Any unit other than a single-family detached dwelling, thereby including any living units sharing a common wall or partition.

NUMBER OF LOTS

Any ordinance provisions calling for the construction or interpretation of the number of lots, whether for the purpose of classification of a major or minor subdivision or for any other purpose under this chapter, shall be interpreted as being cumulative in that prior subdivisions of the base tract, lot, parcel, Tax Map lot or other affected piece of ground shall be included in the computation. The base tract shall be counted as a lot. The accumulative period referred to above shall be construed to mean the 10 years immediately preceding the date of application. The purpose of this provision is to avoid the creeping minor syndrome resulting in strip development which the municipality finds should be discouraged.

PLAT, SKETCH

A plan of sufficient accuracy and detail used for the purpose of discussion of a project.

STREET

Any street, avenue, 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 between the street right-of-way 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 by the Consolidated Land Use Board of Mansfield Township using the following guidelines:

[Amended 3-5-2020 by Ord. No. 2020-5]

(1) LIMITED ACCESS Two or more lanes in each direction used by through traffic with no access from abutting property.

(2) ARTERIAL Those streets which are used primarily for fast or heavy traffic and are highway connections with the rest of the metropolitan area, have a one-hundred-twenty-foot right-of-way, a sixty-foot cartway minimum, normally with a median, with no parking permitted in the right-of-way.

(3) MINOR ARTERIAL Those streets used for heavy local and through traffic, having a right-of-way between 87 feet and 99 feet wide and a cartway of 46 feet.

(4) COLLECTOR Those streets which carry traffic from minor streets to the major system of primary and arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development. They have a sixty-six-foot to eighty-five-foot right-of-way and a cartway of 46 feet.

(5) MINOR COLLECTORS Streets which serve abutting properties and carry traffic from within residential areas to collector street or arteries. They have a sixty-foot to sixty-six-foot right-of-way and a forty-foot cartway, and parking is permitted on both sides of the cartway.

(6) RESIDENTIAL Those streets which have the primary function of serving abutting properties within residential areas. They have a fifty-foot right-of-way and a thirty-four-foot cartway with parking permitted on both sides.

(7) INDUSTRIAL Those streets which have the primary function of serving abutting properties within an industrial subdivision. They have a sixty-foot right-of-way and a thirty-four-foot cartway.

SUBDIVISION COMMITTEE

A Committee of at least three Consolidated Land Use Board of Mansfield Township members, appointed by the Chairman of the Board, for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.

[Amended 3-5-2020 by Ord. No. 2020-5]

SUBDIVISION, INDUSTRIAL

A division of a lot, tract or parcel of land into sites, lots or other divisions of land for the purpose, whether immediate or future, of sale or building development for industrial usage. An industrial subdivision shall not be accorded a minor subdivision treatment, regardless of the number of lots involved. However, after approval of an industrial subdivision as a result of following the major subdivision procedures, the interior divisions of the aforesaid industrial tract shall be treated as minor subdivisions regardless of the number thereof, provided that they shall meet with the criteria as set forth under the definition of "subdivision, minor."

SUBDIVISION, MAJOR

All subdivisions not classified as agricultural, industrial or minor subdivisions.

SUBDIVISION, MINOR

Any subdivision containing not more than three lots fronting on an existing minor street, nor involving a planned development, nor involving any new street or road or the extension of off-tract improvements and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter. Any rearrangement of lot lines, which does not increase the number of building lots and/or which creates parcels which are to be consolidated with existing lots, shall be classified as a minor subdivision, provided that it meets the applicable criteria set forth in other parts of this definition and provided further that either a deed of consolidation or a filed plat indicating such consolidation is presented and recorded. Lots that are exempt from subdivision requirements shall be first reviewed and approved by the Consolidated Land Use Board of Mansfield Township. Prior to receiving Consolidated Land Use Board of Mansfield Township approval no person shall transfer, sell or agree to transfer or sell, as owner or agent, any land which ordinarily would require subdivision approval were it not exempt. No approved unit shall be built on any lands approved as exempt from subdivision regulations until said parcel has been reviewed under the subdivision procedures of this chapter and received Consolidated Land Use Board of Mansfield Township approval. This section shall not be construed to prohibit the construction of buildings other than dwelling units, said buildings to be used for agricultural purposes to be erected on parcels transferred for agricultural purposes only.

[Amended 3-5-2020 by Ord. No. 2020-5]