Whenever a term is used in this chapter which
is defined in P.L. 1975, c. 291, such term is intended to have the
meaning set forth in the definition of such term found in that statute,
unless a contrary intention is clearly expressed from the context
of this chapter.
The following specific words and terms are hereby
defined:
Plans which show the exact location and elevation of all
improvements which have been made a part of the subdivision. This
shall include, but not necessarily be limited to, water mains, sanitary
and storm sewers, underdrains, culverts, electric lines and telephone
lines.
An area bounded by streets, or other contiguous property
of lots and having a common designation on the Tax Map.
The orientation of the longest side of the building with
respect to true south.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
The dedicated 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. These lands shall not be used in the calculation of unit density.
An area granted for limited use of private land for a public
or quasi-public purpose, and within which the owner of the property
shall not erect any structure for which a construction permit is required.
See "street, industrial."
See "subdivision, industrial."
A right-of-way provided for the purpose of pedestrian access
and passage.
Any unit other than a single-family detached dwelling, thereby
including any living units sharing a common wall or partition.
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.
For the purpose of classification as a minor or major subdivision,
if more than three lots, cumulative, including the base tract, are
subdivided from the same tract within any two-year period the application
shall be considered a major subdivision.
See "interior walk."
A plan of sufficient accuracy and detail used for the purpose
of discussion of a project.
Space allocated for collection and storage of source-separated
recyclable materials.
See "cartway."
A site plan for improvements requiring less than 10 parking
spaces as required in this chapter, containing less than 2,500 square
feet of floor area and not having more than 50% of lot coverage, provided
that the site plan application contains the information reasonably
required in order to make an informed determination as to whether
the requirements established in this chapter for approval of a minor
site plan have been met. Any site plan involving planned improvements,
any new street, or the extension of any off-tract improvement that
is to be prorated pursuant to N.J.S.A. 40:55D-42 shall be deemed a
major site plan. If stormwater management or drainage facilities,
including but not limited to detention basins, retention basins, inlets,
piping, or swales, are to be constructed as part of a new site plan,
or if existing stormwater management or drainage facilities are to
be modified or added to in any way, the site plan application shall
not be deemed a minor site plan.
[1]See "plan, sketch."
Access to unobstructed direct sunlight to the south wall
of the principal building. Solar access shall be considered adequately
available if the south wall of a proposed building has unobstructed
access to sunlight for 75% of the time between 6:45 a.m. and 3:15
p.m., local time, on December 21.
Any system that converts solar energy into usable thermal
electrical or chemical energy to meet all or a significant part of
a dwelling's energy requirements. As used in this chapter, "solar
energy system" refers to both active solar energy systems requiring
external mechanical power to move collected heat and passive solar
energy systems which rely upon natural forces of conduction, convection
and radiation controlled by architectural design and building orientation
to collect, distribute and store solar energy.
Any street, avenue, 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 includes the land
between the street right-of-way lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purposes of
this chapter, "streets" shall be classified by the Planning Board
using the following guidelines:
INDUSTRIALThose streets which have the primary functions of serving abutting properties within an industrial subdivision.
MAJORThose streets which are used for fast or heavy traffic volumes and are highway connections with the rest of the metropolitan area.
NEIGHBORHOOD FEEDERStreets which carry traffic from developed areas to the secondary street system.
RESIDENTIALStreets which have the primary function of serving abutting properties.
SECONDARYThose streets used for heavy local and through traffic.
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 following shall not be considered within
the meaning of this definition, if no new streets are created:
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.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
hut not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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 the Zoning Chapter and are shown
and designated as separate lots, tracts or parcels on the Tax Map
or atlas of the Township.
The term "subdivision" shall also include the
term "resubdivision."
A division of a lot, tract or parcel of land into sites,
lots or other divisions of land for the purpose, whether immediate
or future, of sale or building development for industrial usage. An
industrial subdivision shall not be accorded minor subdivision treatment,
regardless of the number of lots involved. However, after approval
of an industrial subdivision as a result of following the major subdivision
procedures, the interior divisions of the aforesaid industrial tract
shall be treated as minor subdivisions regardless of the number thereof,
provided that they shall meet the criteria as set forth under the
definition of "subdivision, minor."
All subdivisions not classified as industrial or minor subdivisions.
Any subdivision containing not more than three lots fronting on an existing improved street nor involving a planned development, nor involving any new street or road or the extension of off-tract improvements 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 285, Zoning; or this chapter. Any rearrangement of lot lines which does not increase the number of building lots and/or which creates parcels which are to be consolidated with existing lots shall be classified as a minor subdivision, provided that it meets the applicable criteria set forth in other parts of this definition and provided further that either a deed of consolidation or a filed plat indicating such consolidation is presented and recorded. Lots that are exempt from subdivision requirements shall be first reviewed by the Planning Board.
Prior to receiving Planning Board approval no
person shall transfer, sell or agree to transfer or sell, as owner
or agent, any land which ordinarily would require subdivision approval
were it not exempt. No unit shall be built on any lands classified
as exempt from subdivision regulations until such parcel has been
reviewed under the subdivision procedures of this chapter.
This definition shall not be construed to prohibit
the construction of buildings other than dwelling units, such buildings
to be used for agricultural purposes to be erected on parcels transferred
for agricultural purposes only.
