This chapter shall be known and may be cited
as the “Land Subdivision Ordinance of the Township of Andover.”
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Township in order to promote the public health, safety, convenience
and general welfare of the Township. It shall be administered to ensure
orderly growth and development, conservation, protection and proper
use of land and adequate provision for traffic circulation, utilities
and services.
The provisions of this chapter shall be administered
by the Planning Board and, where permitted by statute, the Zoning
Board of Adjustment in accordance with all applicable provisions of
N.J.S.A. 40:55D-1 et seq.
As used in this chapter, the following words
shall have the meanings hereinafter set forth:
The developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat.
An application form completed as specified by this chapter
or any other applicable ordinance and the rules and regulations of
the Planning Board and all accompanying documents required by ordinance
for approval of the application for development, including, where
applicable, but not limited to, a site plan or subdivision plat, provided
that the Planning Board or other reviewing municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
review committee of the board for purposes of the commencement of
the time periods for action by the Planning Board or other municipal
agency.
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.
The process of subdividing or obtaining site plan review.
It may also refer to the improvement of land and, in proper context,
to a subdivision.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream of water 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.
58:1A-1 et seq.
The official action of the Planning 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. A plat that receives
final approval shall have been prepared by a licensed professional
engineer and 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 shall be filed
with the County Clerk in accordance with N.J.S.A. 40:55D-54 in order
to make the approval binding.
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.
A subdivision specifically permitted by provisions in Chapter 190, Zoning, in which private roads and facilities are permitted under an approved contractual arrangement for the maintenance thereof by the lot owners. Such roads and facilities are subject to less stringent regulations than otherwise required for subdivisions. The lots shall have a minimum area requirement of six acres.
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 purchase or sale, lease, or separate
use.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Township which shall have been duly
adopted by the Planning Board.
The division of a tract of land meeting one or more of the
following conditions:
The division of a tract of land into not more
than three lots, including the remainder of the tract being subdivided,
wherein all such lots or parcels shall meet all of the following requirements:
The following is also classified as a minor subdivision: the division of a parcel of land for the purpose of enlarging an adjoining lot, notwithstanding that such existing lot, together with the added portion, still does not meet the requirements of Chapter 190, Zoning, or this chapter.
Notwithstanding the foregoing, not more than
two lots plus a remainder shall be created by minor subdivision. Subsequent
subdivision of the remaining lot or parcel within two years from the
date of the filing of the subdivision in the County Clerk's office
shall be accepted only as a major subdivision.
The final map of a minor subdivision which is presented to
the Planning Board for approval and which, if approved, shall be filed
with the proper County Recording Officer.
A map adopted 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 the streets, public parks and
playgrounds, and drainage rights-of-way shown thereon.
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.
Not located on the property which is the subject of a development
application nor on contiguous portions of a street or right-of-way.
Water, sewer, drainage and street improvements 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.
Location on the lot in question.
Location on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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. For the purpose of this chapter, “owner”
shall include the developer, applicant, agent, engineer or other person
authorized to represent the owner as defined herein.
Any security which shall be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat. “Performance guarantee”
shall include performance bonds, escrow agreements, and other similar
collateral or surety agreements.
The map of a subdivision.
The official action taken on a preliminary plat by the Planning
Board, meeting in regular session, which shall determine whether or
not the map submitted is in proper form and meets the established
standards adopted for design, layout and development of the subdivision.
Such preliminary approval shall confer upon a subdivider all rights
provided for by virtue of the provisions of N.J.S.A. 40:55D-49.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting requirements of Article III of this chapter.
The land reserved or dedicated 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 to
safeguard the public against flood damage, sedimentation and erosion.
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.
Any avenue, street, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county, or Township
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 shall include the
land between 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:
CONTROLLED ACCESS REGIONAL HIGHWAYSThose which are used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSThose which carry a large volume of traffic at relatively high speeds. These roads are of regional significance and connect the Township with other points in the county and with the interstate highway network.
PRIMARY CONNECTOR STREETSThose which provide linkage between the Township's residential communities and those roadways which carry a lower volume of traffic than arterials and at lower speeds.
LOCAL SECONDARY STREETSThose which function as land service roadways and function as collector streets for the connector network.
LOCAL MINOR STREETSThese streets act as feeders to connector and local secondary roads and provide direct access to developed areas.
LOCAL RURAL STREETSStreets designed to provide vehicular access to abutting property and to discourage through traffic.
MARGINAL ACCESS STREETSThose which are parallel to, or adjacent to, controlled access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
An applicant for development.
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. The term "subdivision" shall also include the term "resubdivision."
The following shall not be considered subdivisions within the meaning
of this chapter, if no new streets are created:
Divisions of land if found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
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 review committee to conform
to the requirements of the municipal development regulations and are
shown and designated as separate lots, tracts or parcels on the tax
map or atlas of the municipality.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing applications
for subdivisions and site plans in accordance with the provisions
of this chapter for the purpose of determining whether the applications
are complete.
