For the purpose of this chapter, the terms used
herein are defined as follows:
The developer submitting an 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.
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 the Zoning Ordinance[1] and upon the issuance of an authorization therefor by
the Planning Board. The review by the Planning Board of a conditional
use shall include any required site plan review as provided in this
chapter.
Calendar days unless otherwise specified.
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.
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 approval required prior to issuance of a building permit
or other permit authorizing the development of land.
Those as outlined under preliminary approval, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size; yard dimensions and off-tract improvements;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the municipality from modifying,
by ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
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.
The security required for the maintenance of any improvements
required by this chapter.
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 a contiguous portion of a street
or right-of-way.
Neither located on the property which is the subject of a
development application nor located on contiguous portions of a street
or right-of-way.
Water, sewer, drainage and street improvements neither located
on the property which is the subject of a development application
nor located on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located 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 developed to commence and maintain proceedings for site
plan approval for the same under this chapter and, for the purpose
of this chapter, shall include the developer, applicant, agent, engineer
or other person authorized to represent the owner as defined herein.
The security which may be accepted in lieu of a requirement
that certain improvements be made before the reviewing board approves
a final site plan application, including performance bonds, escrow
agreements, other similar collateral or surety agreements and cash,
provided that the Borough shall not require more than 10% of the total
performance guaranty in cash.
The approval given to a preliminary site plan when the plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the rights provided in § 191-8 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.
Space allocated for collection and storage of source-separated
recyclable materials.
[Added 11-4-1993 by Ord. No. 21-93]
The Borough Planning Board or Zoning Board of Adjustment,
whichever Board has jurisdiction over the particular application,
and is synonymous with "reviewing agency."
A development plan containing the items required by virtue
of the provisions of this chapter as a condition for the issuance
of a permit for development.
An application to the reviewing board requesting site plan
review and approval and accompanied by all of the information required
by this chapter.
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered subdivisions,
provided that no new streets or roads are involved:
Divisions of land found by the Planning Board
or subdivision committee thereof, appointed by the Chairman, to be
for agricultural purposes where the resulting parcels are five acres
or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument.
Subdivision also includes resubdivision and,
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided. The transfer of title to one
or more adjoining lots owned by the same person or persons, as the
same are designated on a map filed in the Sussex County Clerk's office,
prior to the establishment of a Planning Board in the Borough pursuant
to the Municipal Planning Act of 1953 shall be considered a subdivision
of land.[2]
