Township of Fredon, NJ Article II Terminology

§ 470-8 Definitions.

A. As used in this chapter, the following words shall have the meaning hereinafter set forth:

APPLICANT

A developer submitting an application for subdivision review.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or permit to build in a mapped area or for a structure not related to a street.

DEVELOPER

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.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, or landfill; any change in the use of any structure or land; or extension of the use of land.

DRAINAGE RIGHT-OF-WAY OR EASEMENT

The lands reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream of water for preserving the biological as well as drainage function of the channel and providing for the flow of water therein to safeguard the public against flood damage, sedimentation and erosion in accordance with all applicable rules and regulations.

FINAL APPROVAL

The official action of the Land Use 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, or approval conditioned upon the posting of such bonds. A plat that receives such final approval must have been prepared by 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 N.J.S.A. 40:55D-54 in order to make the approval binding.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Land Use Board for final approval in accordance with these regulations and which if approved shall be filed with the proper county recording officer.

GENERAL TERMS AND CONDITIONS

Use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements, except that nothing herein as defined shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to the public health and safety.

LOT

A parcel, plot or area of land, legally established, with precise boundaries determinable from a deed description or map filed in the office of the County Clerk.

MAJOR SUBDIVISION

Any subdivisions not classified as a minor subdivisions.

MASTER PLAN

A composite of one or more written or graphic proposals recommending the physical development of the Township which shall have been duly adopted by the Township Land Use Board.

MINOR SUBDIVISION

Any division of land that does not involve:

(1) The creation of more than two new lots plus remainder, for a total of three lots fronting upon an existing accepted public street or upon or otherwise approved by the Township Committee for the purpose of issuing building permits, within a three-year period, from any parcel, regardless of how the title to such parcel may have been held or transferred during such three-year period;

(2) Any planned development;

(3) Any new street or the extension of the Township facilities;

(4) The extension of any off-tract improvement; or

(5) A conflict with any provisions or portion of the Master Plan or the Official Map.

MINOR SUBDIVISION PLAT

The final map of a minor subdivision which is presented to the Land Use Board for approval.

OFFICIAL MAP

A map adopted by the governing body of Fredon in accordance with the provisions of N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of streets and drainage rights-of-way and 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

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 the development application or contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE

Location on the lot in question and excluding any abutting street or right-of-way.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OWNER

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 GUARANTEE

Any security which may be accepted by Fredon Township, including but not limited to performance bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

PLAT

A map or maps of a subdivision pursuant to the provisions of this chapter.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to this chapter, prior to final approval, after specific elements of a development plan have been agreed upon by the approving authority and the applicant. Such preliminary approval confers upon a subdivider all rights provided for by virtue of the provisions of N.J.S.A. 40:55D-49.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Land Use Board Secretary for Land Use Board consideration and tentative approval and meeting requirements of Article IV of this chapter.

PUBLIC DRAINAGE WAY

The land reserved and dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological, as well as drainage, function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

RESUBDIVISION

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 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 shall not include conveyances so as to combine existing lots by deed or other instrument.

STREET

Any avenue, boulevard, road, lane, parkway, viaduct, drive, alley or other way which is an existing state, county, or Township roadway, or which is shown upon a plat, heretofore approved pursuant to law, or is approved by official action as provided by the Municipal Land Use Law, 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 Land Use 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. For the purpose of this chapter, streets shall be classified as follows:

(1) ARTERIAL STREETS Are those which are used primarily for fast or heavy traffic.

(2) COLLECTOR STREETS Are those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of residential development and streets for circulation within such a development.

(3) MINOR, LOCAL STREETS Are those which are used primarily for access to the abutting properties.

(4) MARGINAL ACCESS STREETS Are those which are parallel or adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.

(5) RURAL STREETS Are those which serve dwellings on lots that are one acre or greater, primarily serve as access to abutting building lots, have no on-street parking, and have lot-to-street access designed so that vehicles do not back out of lots onto the street.

(6) RURAL LANES Are those which serve dwellings on lots that are two acres or greater, primarily serve as access to abutting building lots, have no on-street parking, and have lot-to-street access designed so that vehicles do not back out of lots onto the street.

(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.

(8) CULS-DE-SAC Are dead-end streets having a turnaround, which provides access to adjacent lots.

SUBDIVIDER

An applicant for development.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development, including lot line adjustments. The following shall not be considered subdivisions provided no new streets are created:

(1) Divisions of land found by the Land Use Board or Subdivision Committee thereof appointed by the Chairperson to be for agricultural purposes where all resulting parcels are five acres or larger in size (see § 470-11 for additional provisions).

(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 existing lots by deed or other recorded instrument.

(5) The conveyance of one 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 administrative officer to conform to the requirements of Chapters 470 and 550 and are shown and designated as separate lots, tracts or parcels on the Township Tax Map.

(6) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION REVIEW COMMITTEE

A committee of at least three Land Use Board members, appointed by the Chairperson of the Board, for the purpose of classifying subdivisions in accordance with the provisions of this chapter and performing such other duties relating to land subdivision as may be conferred on the committee by the Board.

B. Any word, term or phrase as hereinabove described which is inconsistent with those as defined in the Residential Site Improvement Standards (RSIS) shall be defined in the RSIS.