Borough of Alpha, NJ Article IV Definitions

§ 350-4 Terms defined.

A. Whenever a term or word is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., as amended and supplemented, such term is intended to have the meanings 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. Terms and words not defined herein but defined in Chapter 410, Zoning, shall have, for the purposes of this chapter, the meanings given them in Chapter 410 as the same now reads or may be amended. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.

B. As used in this chapter, the following terms shall have the meanings indicated (unless otherwise defined in N.J.S.A. 40:55D-1 et seq., as amended and supplemented):

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 1 of Title 58 of the Revised Statutes of New Jersey, as amended, supplemented and in effect.

FINAL PLAT

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

MINOR SUBDIVISION (supplementing definition in N.J.S.A. 40:55D-5)

(1) Subdivision of land that involves the division of a tract of land into not more than three separate lots or parcels, including a remainder within a five-year period. All such lots or parcels must meet all of the following requirements:

(a) Said lots are not in conflict with Chapter 410, Zoning, the Master Plan or the Official Map.

(b) All lots front on an existing street as defined in this chapter, which is improved sufficiently to meet all requirements of N.J.S.A. 40:55D-32 through 40:55D-36 so that a building permit could be issued to construct a building on each lot.

(c) No new streets or roads are involved.

(d) Curbs, sidewalks and other improvements required in Article VII are either in existence or said lots are located in a developed area where such improvements would normally be installed by the Borough either as a general improvement or by assessment against benefiting property owners.

(e) The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in the grades of the lots.

(f) The creation of said lots will not produce a drainage problem or result in the necessity for drainage improvements.

(g) The creation of said lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:

[1] Suitable future road access and desirable future road and lot patterns.

[2] Future water and sanitary sewer utility installations and storm drainage improvements.

(h) Notwithstanding the foregoing, not more than one new lot shall be created by minor subdivision if complete development of the remaining lot or parcel, as permitted by Chapter 410, Zoning, would require a new road or roads. Subsequent subdivision of said remaining lot or parcel shall be accepted only as a major subdivision.

(i) Not having been part of a major subdivision within the last five years.

[Added 9-23-1997 by Ord. No. 97-11]

(2) The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein the remaining is not in conflict with Chapter 410, Zoning, nor is its future use or development adversely affected, nor having been part of a major subdivision.

[Amended 9-23-1997 by Ord. No. 97-11]

(3) The elimination of a property line or property lines for the purpose of enlarging an existing parcel of land or combining contiguous lots or parcels of land.

MLUL

The Municipal Land Use Law as set forth in N.J.S.A. 40:55D-1 et seq.

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.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of Article VI 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 VI of this chapter.

STREET

"Street" shall have the definition assigned to it by the MLUL, provided, however, that the following shall also apply:

(1) The term "street" includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

(2) For the purpose of this chapter, streets under the jurisdiction of the Borough shall be classified as follows:

(a) ALLEYS Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Alleys are a supplement to primary access to a higher class street.

(b) ARTERIAL STREETS Those which are used primarily for fast or heavy traffic. Arterials carry traffic that is intra-county or intra-municipal in nature. Such streets connect collectors with highways.

(c) COLLECTOR STREETS Those 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. Such streets may provide vehicular and pedestrian access to abutting properties.

(d) MARGINAL ACCESS STREETS Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(e) MINOR STREETS Streets which are used primarily for vehicular and pedestrian access to the abutting properties. Such streets connect with minor collectors. Local streets constitute all streets not otherwise classified.

SUBDIVIDER

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 for another.

SUBDIVISION COMMITTEE

A committee of at least three Planning Board 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.