This chapter shall be known and may be cited as the "Land Subdivision Ordinance of Borough of Pennington."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Pennington in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
The approval provisions of this chapter shall be administered by the governing body after favorable referral by the Planning Board in accordance with Section 14 of Chapter 433 of the Laws of 1953.
Editor's Note: Repealed by L. 1975, c. 291. See now N.J.S.A. 40:55D-1 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater 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 in accordance with Chapter One of Title 58 of the Revised Statutes.
- FINAL PLAT
- The final map of all or a portion of the subdivision which is presented to the Planning Board and Mayor and Council, for final approval in accordance with these regulations, and which if approved shall be filed with the proper county recording officer.
- 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 purpose 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 municipality which shall have been duly adopted by the Planning Board and Mayor and Council.
- MINOR SUBDIVISION
- Any subdivision containing not more than 3 lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities 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, Chapter 215, Zoning, or this chapter.
- OFFICIAL MAP
- A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of-way shown thereon.
- 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 chapter.
- PERFORMANCE GUARANTY
- 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.
- The map of a subdivision.
- PRELIMINARY PLAT
- The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Article III of this chapter.
- SKETCH PLAT
- The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article III of this chapter.
- 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 lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
- Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or herself or for another.
- The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved: divisions of land for agricultural purposes where the resulting parcels are three acres or larger in size, divisions of property by testamentary or intestate provisions or divisions of property upon court order. "Subdivision" also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
- SUBDIVISION COMMITTEE
- A committee of at least three Planning Board members appointed by the Chair 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.