This Part 4 shall be known and may be cited
as the "Land Subdivision Ordinance of the Borough of Maywood," hereinafter
referred to as "this Part 4."
The intent of this Part 4 is to provide rules,
regulations and standards to guide land subdivision in the Borough
in order to promote the public health, safety, convenience and general
welfare of the Borough and the inhabitants thereof. It shall be administered
to ensure orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
As used in this Part 4, the following terms
shall have the meanings indicated:
The lands required for the installation of stormwater sewers
or drainage ditches or required for drainage purposes along a natural
stream or watercourse or other body of water.
The final map of all or a portion of the subdivision which
is presented to the municipal agency for final approval in accordance
with regulations established by this Part 4 and which, if approved,
shall be filed with the proper county recording officer.
A subdivision of land for the creation of not more than three
lots, provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated in accordance with the provisions
of N.J.S.A. 40:55D-42.
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 Part 4.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this Part 4
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a municipal
agency 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.
ARTERIAL STREETSThose streets which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this Part 4 to effect a subdivision of land hereunder for himself
or for another. Such person shall be the owner of the property or
shall obtain the owner's consent, in writing, to apply for such subdivision.
A committee of at least three members of the municipal agency
appointed by the Chairperson of the agency for the purpose of classifying
subdivisions in accordance with the provisions of this Part 4 and
for performing such other duties relating to land subdivision as may
be conferred on the committee by the agency.
A.
Notwithstanding any other provision of this Part 4,
subdivision approval shall not be required for any acquisition or
sale of land by the Borough of Maywood or for any development undertaken
by the Borough of Maywood on lands owned, leased or to be owned or
leased by the Borough of Maywood, provided that such acquisition,
sale or development is authorized by resolution or ordinance adopted
by the Mayor and Council.
B.
Except as otherwise provided, the Mayor and Council
may refer any proposal for acquisition, sale or development to the
municipal agency for its review, comments and recommendations prior
to effecting such acquisition or sale or commencing construction of
such development. This referral may be waived at the discretion of
the Mayor and Council. Upon such referral, the municipal agency shall
review and evaluate the same and apply the same criteria thereto as
if such acquisition, sale or development did, in fact, require subdivision
approval. Such review, however, shall be advisory only, and under
no circumstances shall the approval of the municipal agency be required.
[Amended 7-29-1997 by Ord. No. 15-97]
