As used in this chapter, the following terms shall have the meanings
indicated:
ADMINISTRATIVE OFFICER
The Zoning Officer for matters pertaining to the Planning
Board or Board of Adjustment or the Clerk of the Borough for matters
pertaining to the governing body.
APPLICANT
A developer submitting an application for development.
APPROVAL, FINAL
The official action of the Planning Board (or in some cases
the Board of Adjustment) taken on a preliminary approved major subdivision
or site plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
APPROVAL, PRELIMINARY
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Municipal Land Use Law prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board (or in some cases
the Board of Adjustment) and the applicant.
BOARD OF ADJUSTMENT
The Zoning Board of Adjustment of South Plainfield, as established pursuant to Borough Ordinance No. 728, adopted January 24, 1977, and readopted in Article
V of this chapter.
CHANNEL
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
COMPLETE APPLICATION
An application for development shall be deemed "complete"
when the administrative officer determines that all requirements for
submission have been met and that all necessary documentation has
been provided which is necessary for the municipal agency to review
and act on the application.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter
540, Zoning, and upon the issuance of an authorization therefor by the municipal agency.
DEVELOPED AREA
An area where 10% or less of the lots or portion of any lot
within 300 feet of the conforming lot remains to be developed on that
street.
DEVELOPER
The legal or beneficial owner or owners of a lot or of 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
(1)
The division of a parcel of land into two or more parcels.
(2)
The construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to the Municipal
Land Use Law.
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, official map, or other municipal
regulation of the use and development of land, or amendment thereto,
adopted and filed pursuant to the Municipal Land Use Law.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
DRAINAGE RIGHT-OF-WAY
The 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, in
accordance with N.J.S.A. 58:16A-1 et seq.
DWELLING UNIT
Any structure or part thereof designed to be occupied as
living quarters as a single housekeeping unit.
EASEMENT
A right, privilege, service or convenience which one has
to use the land of another for a special or limited purpose, such
as a right-of-way, drainage, conservation, sight or utility easement.
An easement may be for the benefit of a private party or parties,
for public or quasi-public purposes, or both.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District or any duly designated successor agency.
FLOOD DAMAGE POTENTIAL
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use to increase off-site flooding or flood-related damages.
FLOOD HAZARD AREA
The floodplain or the total area inundated during the flood
of record, or the area delineated by the Department of Environmental
Protection, by the Department of Housing and Urban Development, or
by analysis of soil condition characteristics of floodplains, whichever
is greater.
FLOOD HAZARD DESIGN ELEVATION
The highest elevation, expressed in feet above sea level,
of the flood of record or as determined by the criteria set forth
in "flood hazard area" above.
FLOOD MAP
A map prepared by the Department of Environmental Protection
showing the channel, floodway and fringe area or, in the event such
map has not been prepared, maps showing the flood hazard area.
FLOOD OF RECORD
The greatest flood in a given area for which accurate records
are available or the same as the flood hazard area, whichever is greater.
FLOODPLAIN
For purpose of this chapter, the floodplain shall be the
same as the flood hazard area.
FLOODWAY
The portions of the floodplain adjoining the channel which
are reasonably required to carry and discharge the floodwater or flood
flow of any natural stream. The floodway shall be delineated by the
Department of Environmental Protection.
GOVERNING BODY
The Borough Council of the Borough of South Plainfield.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to Chapter 291 of the Laws of New Jersey, 1975.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Such term also includes improvements and fixtures on, above or below
the surface.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting
or filling of land and any other activity which causes land to be
exposed to the danger of erosion.
LOT
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
Any security, other than cash, which may be accepted by the
Planning Board or other approving body for the maintenance of any
improvements required by the Municipal Land Use Law.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other or a group of such buildings.
[Added 11-29-1993 by Ord.
No. 1340]
MUNICIPAL AGENCY
The municipal Planning Board, Board of Adjustment or Borough
Council when acting pursuant to this chapter.
OFFICIAL MAP
A map adopted in accordance with Article 5 of the Municipal
Land Use Law. Such a map shall be deemed to be conclusive with respect
to the location and width of the streets and public drainageways and
the location and extent of public parks, playgrounds, trails, paths
and other recreational areas, scenic and historic sites, flood control
basins, sites for schools and other public buildings and structures
and other public open spaces.
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 a 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
Located on the lot in question.
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, family group, firm, association, syndicate,
partnership or copartnership or corporation having sufficient proprietary
interest in land which is the subject of a development proposal.
PERFORMANCE GUARANTEE
Any security which may be accepted, including cash, provided
that the Borough shall not require more than 10% of the total performance
guarantee in cash.
PLANNING BOARD
The Planning Board of South Plainfield as established pursuant to Borough Ordinance No. 728, adopted January 24, 1977, and readopted in Article
IV of this chapter.
PLAT
The map or maps of a subdivision or site plan.
PLAT, FINAL
The plat of all or a portion of the development prepared and submitted to the approving authority for final approval in accordance with Article
VIII of this chapter. "Final plat" shall also include the term "final site plan."
PLAT, PRELIMINARY
The plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Article
VIII of this chapter. "Preliminary plat" shall also include the term "preliminary site plan."
PLAT, SKETCH
The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article
VIII of this chapter.
RECYCLING AREA
Space allocated for collection and storage of source-separated
recyclable materials.
[Added 11-29-1993 by Ord.
No. 1340]
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 does not include conveyances so
as to combine existing lots by deed or other instrument.
ROADWAY
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
SITE
Any plot, parcel or parcels of land.
STREET
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 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 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.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership,
copartnership, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another. A subdivider may be the holder of an option or contract
to purchase or other person having an enforceable proprietary interest
in such land.
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.
(1)
The following shall not be considered subdivisions within the
meaning of this chapter if no new streets are created:
(a)
Divisions of land found by the Planning 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;
(b)
Division of property by testamentary or intestate provisions;
(c)
Division of property upon court order; and
(d)
Conveyances so as to combine existing lots by deed or other
instrument.
(2)
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairperson of the Board for the purpose of reviewing and approving
minor subdivisions in accordance with the provisions of the Municipal
Land Use Law and this chapter and having such further duties relating
to land subdivision as may be conferred on this Committee by the Board.
SUBDIVISION, MINOR
Any subdivision:
(1)
Containing not more than two lots, provided that the same was
not part of a parcel for which approval as a minor subdivision was
previously given;
(2)
Not involving any new street or road;
(3)
Not involving a planned development; and
(4)
Not involving the extension of any off-tract improvement.
TRACT
A parcel or portion or other division of land which is in
whole or in part proposed for subdivision, composed of a portion of
one lot or one or more contiguous lots in the same ownership. Lots
separated by easements, streets or other public rights-of-way shall
be considered contiguous for the purpose of this definition.
UNDEVELOPED AREA
An area where more than 10% of the lots or portion of any
lot within 300 feet of the conforming lot remains to be developed
on that street.
ZONING ORDINANCE
The Borough of South Plainfield ordinance regulating and restricting the use of land and buildings and the size, dimension, location, density, and other factors as to the same. (See Chapter
540, Zoning.)