This chapter shall be known and cited as the
"Municipal Land Use Ordinance of the Borough of Garwood New Jersey."
There is hereby ordained by the Borough Council
for the Borough of Garwood, New Jersey, pursuant to the provisions
of P.L. 1975, c. 291 a Municipal Land Use Ordinance with the stated
general purpose of exercising the authority delegated to municipalities
under N.J.S.A. 40:55D-1 et seq. to regulate development and to promote
good planning practice. This chapter is designed to promote and protect
the public health, safety, morals and general welfare. Among others,
and as a complement to those purposes enumerated in N.J.S.A. 40:55D-2,
this chapter is designed to promote the following purposes:
A.
To provide for the appropriate design, location and
nature of the uses, or development, of all lands in this Borough,
in a manner which will promote the public health, safety, morals and
general welfare and protect private property values.
B.
To secure safety from fire, flood, panic and other
material and man-made disasters.
C.
To provide adequate light, air, open space and convenience
of access.
D.
To ensure that the development of the Borough of Garwood
does not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, the Borough and the region and preservation
of the environment.
F.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.
To provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses, and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all citizens.
H.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight.
I.
To promote a desirable visual environment through
creative development techniques and good civic design and arrangement.
J.
To promote the conservation of historic sites and
districts, open space and valuable natural resources and to prevent
urban sprawl and degradation of environment through improper use of
land.
K.
To encourage planned unit developments which incorporate
the best features of design and relate the type, design, and layout
of residential, commercial, industrial and recreational development
of the particular site.
L.
To encourage senior citizen community housing construction
consistent with provisions permitting other residential uses of a
similar density in the same zoning district.
M.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view to lessening the cost of such development and to the more efficient
use of land.
N.
To promote utilization of renewable energy sources.
O.
To promote the maximum practicable recovery and recycling
of recyclable materials from Borough solid waste through the use of
planning practices designed to incorporate the State Recycling Plan
goals and to complement other municipal recycling programs.
P.
To preserve the small town, tree lined, moderate density
character of the Borough.
A.
In the interpretation and application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the health, safety, morals and general welfare of the Borough
of Garwood.
B.
The provisions and requirements of this chapter shall
be held paramount to any corresponding or similar, but less restrictive,
provisions and requirements of any existing law, ordinance, rule,
regulation, deed restriction or private covenant affecting lands and
premises in the Borough of Garwood.
C.
The Borough of Garwood and its uses and structures
shall be exempt from the mandatory provisions of this chapter. The
Borough of Garwood may submit proposed development of the Borough
of Garwood to the Planning Board for its review and recommendations.
[Added 12-10-2002 by Ord. No. 02-27]
[Amended 7-12-1994 by Ord. No. 94-14]
A.
For the purpose of this chapter, unless the text clearly
indicates a different meaning, the following terms shall have the
following meanings. The term "shall" indicates a mandatory requirement,
and the term "may" indicates a permissive action. The present tense
shall include the future, the singular number shall include the plural,
and the plural the singular.
B.
ABANDONMENT
ACCESSORY USE OR STRUCTURE
ALTERATION OF A STRUCTURE
ANCHOR STORE
APARTMENT UNIT
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
ATTIC
AUTOMOBILE SERVICE STATION
AUTOMOBILE REPAIR FACILITIES
(1)
(2)
AUTOMOBILE WASHING ESTABLISHMENT
BASEMENT
BOARDER
BOROUGH ENGINEER
BUILDING COVERAGE
BUILDING OR STRUCTURE STORY
BUSINESS SERVICES
CELLAR
CHANGE OF USE
CHILD CARE CENTER
COMMUNITY RESIDENCE FOR DEVELOPMENTALLY DISABLED/COMMUNITY SHELTERS
FOR VICTIMS OF DOMESTIC VIOLENCE
CONDITIONAL USE
DENSITY
DISTRICT
DRAINAGE RIGHT-OF-WAY
DWELLING UNIT
(1)
(2)
EASEMENT
EATING AND DRINKING ESTABLISHMENT
(1)
(2)
(3)
(4)
ELEMENTARY SCHOOL
EMERGENCY MEDICAL CARE PHYSICALITY
EXISTING GRADE LEVEL
FAMILY
FENCE
FINAL APPROVAL
FLOOR AREA
FLOOR AREA, HABITABLE
FLOOR AREA RATIO
GARAGE, PRIVATE
GARAGE, PUBLIC
GOVERNMENTAL USE
HEALTH CLUB
HEIGHT OF STRUCTURE
HOME OCCUPATION
HOUSES OF WORSHIP
HOUSING FOR LOW INCOME
HOUSING FOR MODERATE INCOME
IMPERVIOUS SURFACE
INSTITUTIONAL USES
LOT OF RECORD
LOT/ZONE LOT
(1)
(2)
(3)
(4)
(5)
LOT LINES
(1)
(2)
(3)
MAINTENANCE GUARANTEE
MASTER PLAN
MIXED USE EATING AND DRINKING ESTABLISHMENT
MIXED USE DEVELOPMENT
MUNICIPAL ENGINEER
MUNICIPAL USE
NONCONFORMING LOT, STRUCTURE OR USE
OCCUPANCY OR OCCUPIED
OCCUPANCY PERMIT
OFFICIAL MAP
OPEN SPACE
OUTDOOR STORAGE
OWNER
PARKING AREA
PARKING SPACE
PERFORMANCE GUARANTEE
PLANNING BOARD
PLAT
PLAT, FINAL
PLAT, PRELIMINARY
PLAT, SKETCH
PRELIMINARY APPROVAL
PRINCIPAL USE OR STRUCTURE
PORCH
PROFESSIONAL OFFICE
PUBLIC UTILITY FACILITIES
RESUBDIVISION
SATELLITE DISH/ANTENNAE
SENIOR CITIZEN ACCESSORY APARTMENT
SHED
SIGN
SINGLE OWNERSHIP
SITE PLAN
STREET
STRUCTURE
SUBDIVISION
SUBDIVISION\SITE PLAN COMMITTEE
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SWIMMING POOL, PRIVATE
VARIANCE
YARD
(1)
(2)
(3)
ZONING PERMIT
The word "shall" is always used in its mandatory and
not its permissive sense. The words "zone" and "district" are synonymous,
and the words "building" and "structure" are synonymous. The word
"used" shall include the words "arranged, designed, or intended to
be used."
The relinquishment of property, or a cessation of the use
of the property, by the owner, or lessee for reasons other than an
act of God, without the intention of transferring property rights
to another owner or lessee or resuming a use of the property. Abandonment
shall require the cessation of the use for a minimum of 12 consecutive
months.
A use or detached structure which is customarily subordinate
and incidental to the principal use of the property or building in
area, extent or purpose, and which contributes to the comfort, convenience
or necessity of the occupants, business, or industry in the principal
structure or use served.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors or windows,
or any addition to or diminution of a structure, whether horizontally
or vertically, or the moving of a structure from one location to another.
The largest retail establishment(s) in a mixed use shopping
center that draws customers and thereby generates business for the
remaining stores/uses in the center.
One or more dwelling rooms with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building. Each apartment unit is a single housekeeping
unit with an entrance separate from other apartment units.
A developer submitting an application for development.
The application form, fee and all accompanying documents,
plats or plans required by ordinance for approval of a subdivision
plat, site plan, conditional use, zoning variance or direction of
the issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or
N.J.S.A. 40:55D-36.
The Planning Board or other agency of this Borough pursuant to Article VII of this chapter.
[Amended 12-10-2002 by Ord. No. 02-28]
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building. Habitable
and nonhabitable space is determined through use of BOCA floor-to-ceiling
height regulations.
Any building, land area or other premises or portion thereof,
used or intended to be used principally for the retail dispersing
or sales of vehicle fuels, directly to the motor vehicle.
Minor: repair of automobiles not normally involving
or requiring overnight storage or long-term repair.
Major: repair of automobiles involving fender
and/or body repair, suspension and/or chassis repair, or transmission
or motor rebuilding or overhaul, or other services typically requiring
overnight storage or long-term repair.
A structure or premises containing facilities for washing
automobiles using a chain conveyor or other method of moving autos
along, and automatic or semiautomatic application of cleaner, brushes,
rinse water and heat for drying. An establishment in which the auto
remains stationary inside a structure and is washed by machine or
hand is considered an automobile washing establishment within this
definition.
An interior space, or a portion of an interior space, having
one-half or more of its floor-to-ceiling height above the average
finished grade of the outside elevation of the ground at the foundation
wall of the structure in which it is contained, and with a floor-to-ceiling
height of not less than six feet.
An individual, other than a member of the resident family, who occupies a dwelling unit, or part thereof, as furnished sleeping accommodations and who perhaps shares food preparation and/or cooking privileges as a single family housekeeping unit in return for a consideration. Boarding is regulated in Article VIII of this chapter.[1]
As used in this chapter, the term "Borough Engineer" shall
mean, with respect to all applications before the Planning Board,
the Board Engineer, that is, the engineer appointed by the Planning
Board. “Borough Engineer” shall also mean the Board Engineer
with respect to all on-site inspections and approvals of projects
which have been approved by the Planning Board. “Borough Engineer”
shall mean the Municipal Engineer pursuant to N.J.S.A. 40A:9-140 with
respect to any inspection and approval of any off-site improvements,
including, but not limited to, improvements in the public right-of-way,
or any other duties of the Municipal Engineer as prescribed by the
New Jersey Statutes.
[Added 10-27-2015 by Ord.
No. 15-20]
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory structures on a lot to the total lot area.
That portion of a building or structure included between
the surface of any one floor and the surface of the next floor above
it; or, if there is no floor above such floor, then “story”
shall be that portion of the building or structure included between
the surface of any floor and the ceiling next above it. A basement
or garage shall be considered as a story where the finished surface
of the floor above the basement or garage is:
[Added 5-27-2021 by Ord.
No. 21-06]
Establishments primarily engaged in providing services to
business establishments on a fee or contract basis.
An interior space, or portion thereof, having less than one-half
of its floor-to-ceiling height above the average finished grade of
the ground at the foundation wall of the structure in which it is
located, and with a floor-to-ceiling height of less than six feet.
Cellars cannot be utilized as a dwelling unit.
Any use which is substantially different from the previous
use of a structure or land. A use is substantially different if it
is outside of the group number classification of the previous use
as set forth in the Standard Industrial Classification manual. A change
in use is also defined as any substantial change in the quality, character
and intensity of a use when viewed in its totality and in regard to
an overall effect on a neighborhood and zone plan.
A principal use, or an accessory use within a business facility,
which requires a license from the Department of Human Services pursuant
to N.J.S.A. 30:5b-1 et seq. in which child care services are provided
for six or more children on a daily basis. The floor area occupied
in any structure as a child care center is excluded in calculating
any parking requirement otherwise applicable to that number of units
or amount of floor space, and the permitted density allowable for
that structure under the Borough Zoning Ordinance.
The definitions for these terms are as per N.J.S.A. 40:55D-66.2.
A use permitted, in accordance with Article VIII of this chapter, in a particular zoning district only upon the showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Zoning Ordinance and authorized by the Planning Board.
The permitted number of dwelling units per gross area of
land developed or to be developed.
Any zone or geographic area within the Borough of Garwood
within which uniform regulations apply under the provisions of this
chapter.
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.
A unit comprised of one or more rooms, designed,
occupied, or intended for occupancy as separate living quarters with
cooking, sleeping, and sanitary facilities provided within the unit
for the exclusive use of a single housekeeping unit.
A housing situation where an occupant of a single
housekeeping unit is related by blood, marriage or adoption to the
property owner and has private living, bath and sleeping quarters,
but shares food preparation facilities within the single-family residence
is considered a single housekeeping unit within the context of this
definition. The use of more than 25% of the habitable dwelling unit
for private living quarters, the existence of permanent separation
elements between the two living areas, separate food preparation areas,
separate utility meters, or use of the private living area by a nonrelated
person(s) as defined above, constitutes the creation of a second dwelling
unit in the structure for which proper approval must be sought from
an approving authority.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity which is established in a duly recorded deed or filed
map.
Retail establishment which has as its principal
use the selling of food and drink for consumption in a structure on
the premises, including standard table/counter and self service restaurants
selling prepared food for immediate consumption. All such establishments
shall have chairs, tables and/or counters at which the patrons sit
and eat. Establishments which have as their principal means of sales
the ordering of food at a window through which the food is passed
from inside to outside, or which have takeout or curb service as their
principal means of sales are considered eating and drinking establishments.
Any food serving establishment with more than 16 seats is considered
an eating and drinking establishment. A change of use occurs between
a restaurant and a tavern when the square footage of space dedicated
principally to the serving and/or consumption of liquor constitutes
or is increased to where that space constitutes 50% or more of the
patron area, or where more than 66% of gross sales is in liquor.
Standard table/counter restaurant. Eating and
drinking establishment where patrons are seated, an order is placed,
and the order is brought to the table or counter.
Self service restaurant. Eating and drinking
establishment where an order is placed at a counter by the patron
and is brought to a table or counter by the patron.
Tavern. An establishment where the serving of
liquor by the drink to the general public is the principal use and
the serving of food or the sale of packaged liquors, if any, are accessory
to the principal use. All such establishments shall conform to all
Alcoholic Beverage Control Regulations of the State of New Jersey
and the Borough of Garwood.
Any structure or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge and
is licensed by the state as meeting the state requirements for elementary
education.
An establishment where patients are principally admitted
for physical examination and treatment of physical illness or injury
by one or more physicians on an emergency basis and which may have
extended hours (subject to approval by the approving authority) in
order to provide services during off peak and holiday periods when
the majority of physicians' offices are closed.
The average existing elevation measured within a proposed
structure foot print (when no existing structure exists) or measured
10 feet from the exterior walls of an existing structure. The designer
of the new structure must measure the elevation of the existing grade
midpoint on all four sides of the structure; such measurement must
be made within 10 feet of the existing structure. The designer must
average the four elevations to establish an existing grade. This must
be utilized when measuring building heights.
[Added 5-27-2021 by Ord.
No. 21-06]
Any number of individuals occupying a dwelling unit and living
privately together as a single housekeeping unit. The number of individuals
comprising one "family" is limited to the number of bedrooms, bathrooms
and available square footage in the dwelling unit occupied in accordance
with BOCA standards regarding floor area allowances per occupant.
Nothing herein contained shall be construed to prevent the placement
of foster children by the New Jersey Board of Child Welfare, or a
duly incorporated child welfare agency, within a single housekeeping
unit. Nor shall anything herein contained be construed to prevent
the placement of group homes as defined by the Department of Community
Affairs in zones which permit single housekeeping units.[2]
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
The last official action of an approving authority taken
on an application which has been given preliminary approval after
plans and documents have been submitted and found to be in compliance
with all requirements and conditions of preliminary approval and all
required guarantees have been posted to guarantee the plan's appropriate
completion.
The aggregate area of all floors in a building or structure,
enclosed by an exterior wall, excluding, however, open porches, breezeways,
balconies, or any space where the floor-to-ceiling height is less
than six feet.
The area of all floors computed by measuring the dimensions
of the outside walls in a building, excluding attic and cellar floors,
porches, patios, terraces or breezeways, carports, verandas and garages.
[Added 7-27-2004 by Ord. No. 04-11]
The ratio of the habitable floor area of a structure to the
area of the lot.
[Added 7-27-2004 by Ord. No. 04-11]
A detached accessory structure, or a portion of a principal
structure, used principally for the storage of motor vehicles owned
or used by the occupant(s) of the principal structure to which the
garage is accessory and which is not a separate commercial enterprise
available for free or fee to the general public.
Any structure, or portion thereof, used primarily for the
temporary parking, not storage, of motor vehicles and available to
the general public.
Any use that Borough Council, or the county, state or federal
governments determine to be a governmental use.
An establishment that is open to members and their guests
that provides facilities for aerobic exercises, running and jogging,
exercise equipment, game courts, swimming facilities, saunas, showers,
massage rooms, lockers, and instructional programs and may include,
as an ancillary use, eating facilities and shops selling a variety
of sports equipment and clothing. [3]
[Added 7-12-2011 by Ord. No. 11-06]
Unless specifically provided otherwise in this chapter, the
vertical distance from the highest point of the roof of the building
or structure, excluding (if the structure is a utility structure)
such features as a tower or antenna, to the average existing surrounding
the structure. To measure the existing grade, it must be measured
on all four sides within 10 feet of the structure using the existing
grade. The designer must use the average of all four elevations when
determining the existing grade.
[Added 5-27-2021 by Ord.
No. 21-06]
An activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit.
A structure, or groups of structures, which by design and
construction are primarily intended for the conducting of organized
religious services and accessory uses associated therewith. All houses
of worship shall be limited to fully incorporated nonprofit religious
corporations holding tax exempt status, proof of which must be filed
with any application under these regulations.
Housing that is economically feasible for families whose
income level is categorized as low within the standards promulgated
by the United States Department of Housing and Urban Development or
the New Jersey State Council on Affordable Housing (COAH).
Housing that is economically feasible for families whose
income level is categorized as moderate within the standards promulgated
by the United States Department of Housing and Urban Development or
the New Jersey State Council on Affordable Housing (COAH).
A surface that has been compacted or covered with a layer
of material that is highly resistant to infiltration by water.
[Added 7-27-2004 by Ord. No. 04-11]
A nonprofit or quasi-public use such as a house of worship,
library, public or private school, emergency medical services or municipally
owned or operated structure or land used for public purpose. Full
service hospitals, and such uses as out-patient medical clinics, drug
rehabilitation clinics and the like are not institutional uses within
the scope of this definition.
A lot which exists as shown or described on a plat or deed
in properly recorded records of the county registry of deeds.
A parcel of land, the location, dimensions and boundaries
of which are established by a plat or otherwise as permitted by law
and set forth on the current Borough Tax Map, to be used, developed
or built upon as a unit. Such a lot may consist of a single lot of
record, or a combination of lots of records.
LOT AREAThe computed total area contained within the lot lines of a lot, excluding any street right-of-way.
CORNER LOTA lot at the junction of, and having frontage on, two or more intersecting rights-of-way or a lot bounded on two or more sides by the same 2,135º. The greater dimension of a corner lot is its depth, and its lesser dimension is its width. The side of a corner lot having the least amount of street frontage shall be the front of the lot.
LOT DEPTHThe mean distance between the front and rear property lines of a lot. If these lot lines are not parallel, the average of such depths taken at ten-foot intervals and perpendicular to the front lot line throughout the depth of the lot shall constitute the lot depth.
LOT FRONTAGEThe distance between two sidelines of any lot measured along the abutting right-of-way line. In the case of a lot running through from one street to another said lot shall be construed as having frontage on both streets.
LOT WIDTHThe distance between the two side lot lines of a lot. If a lot shall not have parallel sidelines, the average of such widths taken at twenty-foot intervals and parallel with the front lot line throughout the depth of the lot shall constitute the lot width.
The property lines of record bounding a lot from another
lot or public space.
LOT LINE, FRONTThe line separating a lot from a public street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line and which is utilized in the measurement of lot depth.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
Security accepted by the Borough for the maintenance of any
improvements required by this chapter, including, but not limited
to surety bonds, letters of credit under the circumstances specified
in N.J.S.A. 40:55D-53.5, and cash.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
An eating and drinking establishment that incorporates multiple
uses, such as one or more restaurants combined with one or more bars,
cocktail lounges, banquet facilities or catering facilities.
A development of a tract of land with structures with a variety
of complementary and integrated uses such as, but not limited to,
retail, service businesses, and office uses. Such developments may
include an anchor use or uses, shared parking, and consolidated traffic
measures to reduce off-site conflicts.
See "Borough Engineer."
[Added 10-27-2015 by Ord.
No. 15-20]
Any use by the Borough of Garwood of any property owned or
leased by it.
Any structure, lot, or use which was being lawfully exercised
at the time of the adoption, revision or amendment of this chapter,
or any preceding ordinance, but which fails by reason of this adoption,
revision or amendment to conform to the requirements as newly set
forth and described in this chapter.
The residing of an individual or individuals overnight in
a dwelling unit, or the installation, storage or use of equipment,
merchandise or machinery, in any public, commercial or industrial
building.
A required permit allowing occupancy of a structure after
it has been determined that the structure meets all the requirements
of all applicable ordinances.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
that conclusively shows the location and width of proposed streets,
public facilities and areas, and drainage rights-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. Open space is landscaped,
or natural areas, and such developed areas as sidewalks, decks, gazebos,
patios, swimming pools, and other landscape structures. Areas designed
for, or utilized by, motor vehicles are not open space. Parking lot
safety islands must be a minimum of five feet wide and 50 square feet
total area in order to be calculated as open space.
The storing, outside of a structure, of goods, junk, material, merchandise, or vehicles in the same location for more than 48 continuous hours. Outdoor storage is regulated within § 106-111 of this chapter.
Any individual, firm, association, syndicate, copartnership,
or corporation, trust, or other legal entity having a sufficient proprietary
interest in land to commence and maintain an application for development
under this chapter.
An open area other than a street or other public road or
way used for the parking of motor vehicles, including access drives
or aisles for ingress and egress.
An accommodation for off-street motor vehicle parking within
a public or private parking area.
Any security, including but not limited to surety bonds,
letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash that may be accepted by the Borough as a guarantee that improvements
required as part of an application for development are satisfactorily
completed.
The Board established pursuant to N.J.S.A. 40:55D-23.
A map representing a tract of land showing the boundaries
and location of individual properties and streets or a map of a subdivision
therefrom.
The final map of all or a portion of a subdivision which
is presented to the proper reviewing authority for final approval
and which if approved shall be filed with the proper county recording
officer.
A preliminary map indicating the proposed layout of a subdivision
which is submitted to the proper reviewing authority for consideration
and preliminary approval.
A rough sketch map of a proposed subdivision of sufficient
accuracy to be used for the purpose of discussion and classification
by the proper reviewing authority.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
48 and 49 prior to final approval, after specific elements of a development
or site plan have been approved by the proper reviewing authority
and agreed to by the applicant.
The primary or predominant use of any lot. A principal structure
is one devoted to the principal use.
A roofed open area, which may be glazed or screened, which
is attached to or a part of, and with direct access to, a structure.
A porch is considered open when the percentage of open, glazed or
screened wall area is greater than 50% of the total wall area of the
porch (not including the wall of the principal structure to which
it is attached) and the space is not heated or air conditioned. A
porch is considered closed, and a room, when it is heated or air conditioned
or the percentage of open, glazed or screened wall area is less than
50% of total wall area.
The office of an accountant, architect, attorney, dentist,
engineer, landscape architect, planner, physician, chiropractor, or
similar professional person licensed by the State of New Jersey and
regulated by a professional board of the State of New Jersey.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, mains, valves or structures, or sewer pipes, valves
or structures, maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm or creature of the local, state or federal
government or by any privately-owned public utility corporation.
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 elimination
of interior lot lines so as to promote lot consolidation, or the establishment
of any new streets within any subdivision previously made or recorded
according to law.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, or horn or cornucopia. It is used to transmit and/or receive
radio or electromagnetic waves between terrestrially and or orbitally
based sources.
A second housing unit within (not detached from) a single-family residence used as separate living quarters/separate housekeeping units. The senior citizen must be the qualified, owner-occupant of the primary unit and property. Qualified senior citizen occupancy is defined as where the head of the household is over 60 years of age, and where the senior citizen satisfies the financial conditions of this section. Separate living quarters are defined as those in which the occupants live and eat separately from other persons in the structure and in which there is no direct connection of any portion of the living quarters of the two separate units. Both units must have separate kitchen and bath facilities. (These units are regulated within § 106-105.)
An accessory structure utilized for the storage of materials other than road vehicles. Sheds are accessory structures regulated within § 106-107 of this chapter.
Any object, device, display, or structure or part thereof,
situated or visible to the outdoors which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location, by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. For the purpose of this
chapter, the word "sign" does not include the flag, pennant or insignia
of any nation, group of nations, state, city, or political unit.
Ownership by one or more persons in any form of ownership
of a lot not adjacent to a lot or lots partially or entirely in the
same ownership.
[Added 7-27-2004 by Ord. No. 04-11]
The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including all those elements required under Article VII of this chapter and any other information that may reasonably be required in order that an informed decision can be made by the approving authority.[4]
Any vehicular way which: is an existing state, county or
municipal roadway; or is shown upon a plat approved pursuant to law;
or is approved by other official action, or 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.
An object consisting of a combination of materials which
is constructed, erected, or placed below, upon or above ground level
and shall include any building, edifice, construction or piece of
work or any part thereof, or any combination of related parts, including
an object attached thereto, for occupancy, use or ornamentation. A
ground surface, designed and constructed in a manner to be utilized
for the parking of motor vehicles, is not considered a structure.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division of land for sale or development.
The following divisions shall not be considered subdivisions within
the meaning of this chapter; provided, however, that no new streets
or roads are involved; divisions of land for agricultural purposes
where the resulting parcels are five acres or larger in size, divisions
of property by testamentary or intestate provisions, or divisions
of property upon court order. The term "subdivision" shall also include
the term "resubdivision."
A committee of at least two Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
and resubdivisions and reviewing site plans in accordance with the
provisions of this chapter, and making recommendations to the Board
and such other duties relating to land subdivision and site review
which may be conferred on this Committee by the Board.
Any subdivision not classified as a minor subdivision.
A subdivision of land that does not involve the creation
of more than two lots, a planned unit development, any new streets
or the extension of any off-tract improvements.
[Amended 9-12-2006 by Ord. No. 06-17]
Any artificially constructed basin or other structure, above or below ground, for holding of water for use by the owner's family or guests, for swimming, diving and other aquatic sports and recreation. The term "private swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground with a framing less than or equal to 30 inches. Private swimming pools are regulated within § 106-119 of this chapter.
Permission to depart from the literal requirements of this
zoning article pursuant to N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-40b,
N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d.
An open space that lies between the principal or accessory
structure and the nearest lot line, and is unoccupied and unobstructed
from the ground upward except as may be specifically provided by this
chapter.
[Amended 2-25-1997 by Ord. No. 97-03]
FRONT YARDA space extending across the full width of any lot and lying between the front lot line and the nearest line of any structure on said lot, measured from the structure at the closest point to the front lot line; provided, however, that where there is a proposed widening of the right-of-way of any street the front yard setback requirement shall be measured from the proposed right-of-way line, rather than from the existing front lot line.
REAR YARDA space extending across the full width of any lot between the rear lot line of any principal structure thereon and the rear lot line of said lot measured from the structure at the closest point of the rear lot line.
SIDE YARDA space extending between either side lot line and the sideline of the principal structure nearest thereto measured from the structure at the closest point of the side lot line.
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure, and which acknowledges that such use
or structure complies with the provisions of the municipal zoning
ordinance or variance there from. The issuance of a zoning permit
is inherent in the issuance of a building permit. It is the intent
of this chapter to utilize a zoning permit where a building permit
or Board approval may not be required, but where regulatory oversight
is necessary to insure proper and safe installation of site elements
such as fences, swimming pools, sheds, and other site development
or structures as seen fit by the Zoning Officer.
[1]
Editor's Note: The former definition of “Board
of Adjustment,” which definition immediately followed this definition,
was repealed 12-10-2002 by Ord. No. 02-28.
[2]
Editor's Note: The former definition of “family
day-care home,” which definition immediately followed this definition,
was repealed 12-10-2002 by Ord. No. 02-28.
[3]
Editor's Note: The former definition of "height," which immediately
followed this definition, was repealed 5-27-2021 by Ord. No. 21-06.
[4]
Editor's Note: The former definition of "story," which immediately
followed this definition, was repealed 5-27-2021 by Ord. No. 21-06.
[Amended 12-10-2002 by Ord. No. 02-28]
The Borough Council and Planning Board may adopt, and may amend, reasonable rules and regulations, not inconsistent with the Municipal Land Use Law, P.L. 1975, c. 291, or this chapter for the administration of its functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by Article XII of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk and Board Secretary.
A.
The Planning Board shall by its rules, fix the time
and place for holding its regular meetings for business authorized
to be conducted by the Board. Regular meetings of the Board shall
be scheduled no less often than once a month and shall be held as
scheduled unless canceled for lack of applications for development
to process.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Law (N.J.S.A. 10:4-6 et seq.) and Board regulations, including the fee schedule as established by Article XII of this chapter.
[Amended 12-10-2002 by Ord. No. 02-28]
C.
No action shall be taken at any meeting without a
quorum being present. A quorum shall constitute a majority of the
permanent membership of either Board, or including alternate members
who may substitute for regular members who are absent. All actions
shall be taken by a majority vote of the Board members present at
the meeting except as otherwise required by any provision of N.J.S.A.
40:55D or this chapter. Failure of a motion to receive the number
of votes required to approve an application for development shall
be deemed an action denying the application. Nothing herein shall
be construed to contravene any statute providing for procedures for
governing bodies.
A.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law
(N.J.S.A. 10:4-6 et seq.) and this chapter. An executive session for
the purpose of discussing and studying any matters to come before
either Board shall not be deemed a regular or special meeting.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
Minutes of every regular or special meeting of both Boards shall be kept by the Board Secretary and shall include the names and addresses of the persons appearing and addressing the Boards and of the persons appearing by attorney, the actions taken by the Boards, the findings, if any, made by it, and reasons therefore. The minutes shall be made available for public inspection during normal business hours at the office of the Board after Board adoption of such minutes. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for the reproduction of the minutes for his use as provided for in Article XII of this chapter.
A.
A public hearing is to be held for each application
for development, or adoption, revision, or amendment of the Zone Plan,
Zoning Ordinance or Master Plan.
B.
Rules. The approving authorities shall make rules
governing the conduct of hearings before them which rules shall not
be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or
of this chapter. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing, during normal business
hours of the Board. The applicant may produce other documents, records,
or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
C.
Oaths. The officer presiding at the hearing or such
person as may be designated shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law (P.L. 1953, C.38, N.J.S.A. 2A:67A-1 et seq.) shall apply.
D.
Testimony. The testimony of all witnesses relating
to an application shall be taken under oath or affirmation by the
presiding officer, and the right of cross examination shall be permitted
to all interested parties through their attorneys if represented,
or directly if not represented, subject to the discretion of the presiding
officer and to the reasonable limitations as to time and number of
witnesses.
E.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
F.
Records. Each Board shall provide for the verbatim recording of the proceedings by either certified shorthand reporter, mechanical or electronic means. Each applicant shall be required to pay the fee as provided for in Article XII of this chapter for the services of the certified shorthand reporter. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, which shall not exceed the actual cost of preparing the transcript or tape. Said request shall be made in writing to the Board Secretary and shall be accompanied by prepayment of the established fee. Said transcript shall be certified in writing by the transcriber to be accurate, and furnished to the interested party upon receipt of moneys due in excess of the estimated fee.
[Amended 12-10-2002 by Ord. No. 02-28]
G.
Decisions.
(1)
The Board shall include findings of fact and conclusions
based thereon in each decision on any application and shall reduce
the decision to writing. These findings and conclusions shall be provided
through:
(a)
A resolution adopted at the meeting at which
the Board takes action to grant or deny approval held within the time
period provided in this chapter for action by the Board on the application;
or
(b)
A memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the action took place provided that meeting is held within the applicable
time period provided in this chapter, or the applicant agrees, in
writing, to an extension of the time period. An action resulting from
the failure of a motion to approve an application shall be memorialized
by resolution as provided above, not withstanding the time at which
such action occurs within the applicable time period for rendering
a decision on the application.
(2)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the Board who voted for the action previously taken, and no other
members shall vote thereon. The vote on such resolution shall be deemed
to be a memorialization of an action of the Board except that failure
to adopt such a resolution within the forty-five-day period shall
result in the approval of the application for development, notwithstanding
any prior action taken thereon. If the Board fails to adopt a resolution
or memorializing resolution as specified above, any interested party
may apply to the Superior Court in a summary manner for an order compelling
the Board to reduce its findings and conclusions to writing within
a stated time and the cost of the application, including attorney
fees, shall be assessed against the Borough.
(3)
Whenever a resolution of memorialization is adopted
in accordance with this subsection, the date of such adoption shall
constitute the date of the decision for purposes of the mailings,
filings and publications required by Subsections and H and I below.
H.
Notification of decision. A copy of the decision shall be mailed by the Board Secretary within 10 days of the date of decision to the applicant, or if represented, to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by Article XII of this chapter for such service. A copy of the decision shall also be filed in the office of the Board Secretary, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality. The filed copy shall also be available for public inspection at the office of the Board during normal business hours of the Board.
I.
Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the Borough within 10 days of the date of the resolution adoption. Such publication shall be arranged by the Secretary of the Board provided that the applicant pays the fee for publication as specified in Article XII of this chapter. A copy of such publication shall be filed in the office of the Board and be available for public inspection during normal business hours of the Board.
J.
Board members absence/voting. A member of a Board
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his absence, provided that such member
has available to him the transcript or recording of all of the hearing
from which he was absent, and certifies in writing to the Board that
he has read such transcript or listened to such recording.
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter,
the applicant shall give notice 10 days prior to the date of the hearing
as follows:
B.
Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing. Such notice shall be arranged by the applicant, but requires the applicant to obtain the approval of the wording of the notice from the Board Secretary. (See Developer's Assistance Package, § 106-74.)
C.
Notice shall be given by the applicant at least 10
days prior to the date of the hearing to the following parties where
applicable. An affidavit of proof of service demonstrating compliance
with this requirement shall be filed with the Board Secretary at least
two business days prior to the date of the hearing.
(1)
Owners of all real property as shown on the current
tax duplicates located within 200 feet in all directions of the property
which is the subject of such hearing whether located within or outside
of the Borough. Such notice shall be given by serving a copy thereof
on the owner as shown on the said current tax duplicate or his agent
in charge of the property and obtaining proof thereof, or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on the said current tax duplicate.
(2)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, vice president, secretary or other person authorized
by law to accept service on behalf of the corporation. Notice to a
condominium association, horizontal property regime, community trust
or homeowners association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
(3)
Public utility, cable television company or local
utility which possesses a right-of-way or easement within the municipality
which have registered with the municipality in accordance with N.J.S.A.
40:55D-12.1. Notice shall be given to public utilities, cable television
companies and local utilities by:
D.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 106-9C of this article to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
E.
Notice shall be given by personal service or certified
mail to the Union County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or on the County Master
Plan, adjoining other county land, affecting the county drainage system
or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified
mail to the State Planning Commission of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Borough pursuant to N.J.S.A. 40:55D-10.
H.
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon the mailing in accordance with
the provisions of N.J.S.A. 40:55D-14.
I.
All notices required to be given pursuant to the terms
of this chapter shall state the date, time, and place of the hearing,
the nature of the matter to be considered and identification of the
property proposed for development by street address, if any, or by
reference to block and lot numbers as shown on the current tax duplicate
in the Borough Tax Assessor's office and the location and times at
which any maps and documents for which approval is sought are available
for public review as required by law.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Clerk shall within seven days after receipt of a request therefore and upon receipt of payment of a fee as specified in Article XII of this chapter, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 106-9 of this chapter. In addition, the Clerk shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered pursuant to the following:
(1)
Every public utility, cable television company and
local utility which has a right-of-way or easement in the Borough
and is interested in receiving notice pursuant to N.J.S.A. 40:55D-12
shall register with the Borough Clerk.
(2)
The Borough Clerk shall adopt a registration form
and shall maintain a record of all public utilities, cable television
companies, and local utilities which have registered with the Borough.
The registration form shall include the name of the public utility,
cable television company or local utility and the name, address and
position of the person to whom notice shall be forwarded. The information
contained therein shall be made available to any applicant. The registration
shall remain in effect until revoked by the public utility, local
utility or cable television company by its successor in interest.
B.
At the time of request, the applicant shall also obtain
from the Borough Tax Assessor, and supply to the Borough Clerk, a
map showing all properties and current tax map information for the
subject property and all properties within 200 feet of the subject
property. The applicant shall be entitled to rely upon the information
contained in such list and failure to give notice to any owner not
on the list shall not invalidate any hearing or proceeding.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or
amendment of the Master Plan; such notice shall be given by publication
in the official newspaper of the Borough at least 10 days prior to
the date of the hearing.
B.
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision,
or amendment of a Master Plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any such hearing.
C.
Notice by personal service or certified mail to the
Union County Planning Board of:
(1)
All hearings on the adoption, revision or amendment
of the Borough Master Plan at least 10 days prior to the date of the
hearing; such notice shall include a copy of any revision or amendment
thereto; and
(2)
The adoption, revision or amendment of the Master
Plan not more than 30 days after the date of such adoption, revision
or amendment; such notice shall include a copy of the Master Plan
or revision or amendment thereto.
A.
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of such hearing.
B.
Notice by personal service or certified mail shall
be made to the Union County Planning Board of:
(1)
All hearings on the adoption, revision or amendment
of any development regulation at least 10 days prior to the date of
the hearing; and
(2)
The adoption, revision or amendment of the Borough
Capital Improvement Program or Borough Official Map not more than
30 days after the date of such adoption, revision or amendment. Any
notice provided hereunder shall include a copy of the proposed development
regulation, the Borough Official Map or the Borough Capital Improvement
Program, or any revision or amendment thereto, as the case may be.
C.
Notice of hearings to be held pursuant to this section
shall state the date, time, and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
The Borough Clerk shall file all development
regulations, including this chapter and any amendments or revisions
thereto with the Union County Planning Board, and shall file the Official
Map with the Union County Recording Officer as soon after passage
as possible. Copies of all development regulations and any revisions
or amendments thereto shall be filed and maintained in the office
of the Borough Clerk for reasonably easy public inspection of said
regulations.
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by a state agency,
political subdivision or court of competent jurisdiction to protect
the public health and welfare, the Board shall process such application
for development in accordance with N.J.S.A. 40:55D-1 et seq. and Borough
development regulations, and, if such application for development
complies with Borough regulations, the Board shall approve such application
conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application
for development requires an approval by a governmental agency other
than the Board, the Board shall, in appropriate circumstances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the Board shall make a decision on any application for
development within the time period provided in N.J.S.A. 40:55D-1 et
seq. or within an extension of such period as has been agreed to by
the applicant unless the Board is prevented or relieved from so acting
by the operation of law.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the applicant is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by a state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
N.J.S.A. 40:55D-1 et seq. as the case may be, shall be suspended for
the period of time said legal action is pending or such directive
or order is in effect.
[Amended 4-8-2008 by Ord. No. 08-09]
The Zoning Officer shall review all applications
for development to ensure they meet the requirements of this chapter
except for those sections where another official is specifically given
enforcement or administrative responsibilities. The Zoning Officer
shall in no case, except upon a written order of the appropriate approving
authority, approve the issuance by the Construction Official of any
permit or certificate for the erection or structural alteration or
occupancy of any structure or land where the proposed erection, structural
alteration or use thereof would be in violation of any of the provisions
of this chapter. In the case of vacancy in the position of Zoning
Officer, the Construction Official shall serve as Zoning Officer.
[Amended 6-22-1999 by Ord. No. 99-12]
A.
An application for development shall be complete for
purposes of commencing the applicable time period for action by a
Board when so certified by the Zoning Officer. In the event that the
Zoning Officer does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
(1)
The application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant; and
(2)
The Zoning Officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant must request that one or more of the submission requirements be waived, in which event the Board, in accordance with § 106-71 of this chapter, or its authorized committee, shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Zoning Officer may subsequently require correction of any information found to be in error, and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably 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 as required by the Board.
B.
The Zoning Officer shall determine which local board,
official or agency has jurisdiction over the application and shall
forward copies of same to any municipal department, officer, board
or body required or requested to review the application.
[Added 10-10-2019 by Ord. No. 19-16]
A.
All documents submitted in connection with an application to the
Board, including the completed application, the completed checklist,
all drawings, traffic studies, stormwater reports, and similar items
submitted in support of an application, shall be submitted both in
physical paper hard copy as well as electronically. Applicants shall
submit the electronic version of these materials in Adobe Portable
Document Format (PDF) in at least 300 dpi, unless the Board Secretary
requests submission of any materials in a different format. All revisions
and resubmissions shall likewise be submitted in both hard copy and
electronic formats.
B.
Electronic and hard-copy applications must be submitted to the Board
Secretary, with the electronic version being sent by either by email,
USB drive, or CD-ROM.
C.
The Zoning Officer shall not certify an application as complete until
both paper and electronic submissions are received by the Board Secretary.
A.
The governing body of the Borough shall enforce this
act and any ordinance or regulation made and adopted hereunder. To
that end, the governing body may require the issuance of specified
permits, certificates or authorizations as a condition precedent to:
B.
Shall establish an administrative officer and offices
for the purpose of issuing such permits, certificates and authorizations
upon the submission of such data, plans, plats and information as
is authorized hereunder and upon the express approval of the appropriate
state, county, or Borough agencies; and may establish reasonable fees
to cover administrative costs for the issuance of such permits, certificates
and authorizations. In case any structure is erected, constructed,
altered, repaired, converted, or maintained or any structure or land
is used in violation of any section of this chapter, the Zoning Officer
of the Borough or an interested party, in addition to other remedies
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of said structure or land, or
to prevent any illegal act, conduct, business or use in or about such
premises.
[Amended 12-10-2002 by Ord. No. 02-28; 11-10-2009 by Ord. No. 09-22]
The Zoning Officer is hereby given the duty, power and authority
to administer the provisions of this chapter. The Zoning Officer shall
be deemed the "Administrative Officer," as that term is used in the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in this chapter.
He shall examine all applications for permits, and together with
the Construction Official, issue such permits as may be required for
the construction, alteration, enlargement, and occupancy of all uses
and structures which are in accordance with the requirements of this
chapter. He shall also deny and file all applications for permits,
with accompanying plans and documents, that are not in accordance
with this chapter for the review of the Planning Board. He shall maintain
records of all applications, plans and documents filed for permits
and make such reports to the Board as may be required.
[Added 11-10-2009 by Ord. No. 09-22]
The Zoning Enforcement Officer shall enforce the provisions
of this chapter. The Zoning Enforcement Officer, upon becoming aware
of a violation of this chapter, is to forward a letter to the owner
of the property upon which the violation has been found to exist and
request compliance with this chapter, or the halting of the construction
activity, within 10 days of the date of the letter. If no, or an inadequate,
response is received from the property owner within that time, the
Zoning Enforcement Officer is to forward a second certified letter
to the property owner requesting compliance within 10 days from the
date of the receipt of the letter and advise that fines may be imposed
for failure to comply with this chapter. If the violation is not resolved
within that time period, and the Zoning Enforcement Officer is not
satisfied with any attempts by the owner to resolve the violation,
he is to issue a summons upon the property owner and prosecute a complaint
through the Municipal Court. Every 10 days after the initial summons
is issued and compliance is not achieved, the Zoning Enforcement Officer
is to issue an additional summons for the violation. Every 10 days
of noncompliance is deemed an additional offense subject to the reissuance
of a separate summons. This procedure does not, in any way, restrict
the ability of the Zoning Officer, Construction Official or Zoning
Enforcement Officer to impose a stop-work order upon a project at
any time and seek immediate resolution of the matter if a determination
is made that is the appropriate course of action.
A.
To insure compliance with the provisions of this chapter,
no structure or part thereof shall be erected, raised, moved, extended,
enlarged, altered, or demolished and no land shall be altered, filled
or used unless and until a permit has been granted by the Construction
Official. Where the proposed construction is either a new structure
or an addition to an existing structure, the applicant shall submit
applications as required by the Uniform Construction Code (N.J.A.C.
5:23-1.1 et seq.) as well as three sets of plot plans to the Construction
Official. The plot plan shall show finished grades, open spaces, the
established front yard building lines within 100 feet of both sides
of the structure upon which the land is located and such other information
that the Construction Official or Zoning Officer determine is necessary
to show that the proposed structure shall comply with all of the requirements
of this chapter for the Zone District in which the lot is located.
Said plan shall be drawn to scale and shall show actual dimensions
and figures. All building plans and plot plans shall be signed and
sealed by an appropriate New Jersey licensed professional authorized
by the New Jersey Administrative Code to prepare such plans. The owner
of a single-family dwelling unit may prepare and sign said building
plans and shall file an affidavit to that effect with said plans.
The plot plan required herein shall indicate current site improvements
and be prepared, dated and certified by, or properly referenced to,
a licensed land surveyor of the State of New Jersey.
B.
No building permit shall be issued for the erection,
moving extending, enlarging, or altering of any structure, or part
thereof, unless and until the plan and intended uses therefore indicate
that such structure is designed to conform in all respects to the
provisions of this and all other applicable ordinances of the Borough.
No building permit shall be issued by the Construction Official until
final approval has been granted by the appropriate approving authority
to the application for development if so required. Building permits
for developments at variance from the requirements of this chapter
shall only be issued upon receipt of a written order from the appropriate
authority.
C.
No building permit shall be issued for the erection,
moving, extending, enlarging, or altering of any structure, or any
part thereof, including a single- and two-family dwelling unit, unless
and until the grading and drainage of the site has been reviewed and
approved by the Borough Engineer. All applications for building permits
and all plans submitted with such applications which are not submitted
to the Planning Board shall be forwarded to the Borough Engineer for
review and approval of the grading and drainage. Such review shall
not be required for the extension, enlargement or alteration of a
single- or two family-dwelling unit where such construction would
not increase the lot coverage of the existing structure by more than
20%.
[Amended 12-10-2002 by Ord. No. 02-28]
D.
Issuance of a building permit shall negate the necessity
for a zoning permit and shall supersede and include any zoning permit
previously issued.
A.
It shall be the duty of the Construction Official
to issue such permits as may be required when he is satisfied that
the land use, structure, and all other relevant aspects of an application
for development conform with all of the requirements of this chapter,
and that all other reviews and actions, if any, as called for in other
state and local regulations have been complied with and all necessary
approvals have been secured.
B.
The Construction Official shall issue all building
permits in duplicate, and one copy shall be kept conspicuously on
the premises affected and shall be protected from the weather whenever
construction work has commenced thereon. No owner, contractor, workmen
or other person shall perform any structural operations of any kind
unless a permit covering such operation is displayed as required by
this chapter, nor shall they perform operations of any kind after
the revocation of said permit.
[Amended 12-10-2002 by Ord. No. 02-28]
When the Construction Official is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he shall refuse to issue a permit in writing and the applicant may appeal this decision to the Planning Board for a reversal of the Official's decision in accordance with § 106-56 of this chapter. Such appeals are of zoning determinations only, not construction related decisions. All appeals of Construction Code matters are to be taken to the appropriate Construction Board of Appeals in accordance with the regulations of the Uniform Construction Code.
No lot or lots shall be occupied, used, graded, cleared, fenced, or altered or improved in any way in whole or in part for any purpose whatsoever unless and until a zoning permit therefore shall have been issued by the Zoning Officer. A zoning permit shall be required for the use of any lot, or lots, which do not have upon them a structure. The Zoning Officer shall review any application for improvement thereon and upon finding the improvement in accordance with this chapter issue a zoning permit upon payment of the fee specified in Article XII of this chapter. Whenever there shall be a change contemplated in the use of any lot or lots which do not have a structure upon them, a new zoning permit shall be required. The issuance of a building permit or certificate of occupancy shall be deemed to include the issuance of a zoning permit.
If it shall appear at any time to the Construction
Official that the zoning permit or development application or accompanying
plans are in any respect false or misleading, or that site work is
being performed upon the premises differing materially from that called
for in the applications filed with him under existing zoning laws
or ordinances, he may revoke any permit issued, whereupon it shall
be the duty of the person holding the same to surrender it and all
copies thereof to the Construction Official. After applicable permits
have been revoked, the Construction Official shall, before issuing
any revised permit, require the applicant to file an indemnity bond
in favor of the Borough with sufficient surety conditioned for compliance
with this chapter and all laws and ordinances then on force, and in
a sum sufficient to cover the cost of removing the structure if it
does not comply.
[Amended 5-9-1996 by Ord. No. 96-08; 4-25-2000 by Ord. No. 00-06]
A.
No structure hereafter erected or altered, no lands
upon which improvements have been made, and no structure or land upon
which a change of use has occurred shall be occupied or used in whole
or in part for any purpose whatsoever unless and until a certificate
of occupancy shall have been issued by the Construction Official.
Any instance of violation of this chapter shall be cause for revocation
of any existing certificate of occupancy after a ten-day warning by
the Construction Official or Zoning Officer.
B.
A certificate of compliance shall be required to be
obtained prior to occupancy after the sale or conveyance of any residential,
commercial, industrial, institutional, mixed use or other property
or structure within the Borough. No person shall occupy such property
after such sale or conveyance unless such certificate of compliance
shall be obtained from the Garwood Fire Department. The application
fee shall be $70 if requested more than 10 business days prior to
the change of occupant, $100 if requested four to 10 business days
prior to the change of occupant and $200 if requested fewer than four
business days prior to the change of occupant. The issuance of said
certificate of compliance shall be contingent upon the following:
[Amended 6-24-2003 by Ord. No. 03-08; 4-8-2008 by Ord. No.
08-09]
(1)
The inspector’s certification that the existing use is a proper use within the zone in which the property is located. This use, and its category designation within Article VIII of this chapter, is to be specifically stated on the certificate. If the current or proposed use of the premises is not a permitted use in the applicable zoning district under Article VIII, no such certificate shall be issued without the certification of the zoning officer that the use is lawful (for example, a lawful nonconforming use or a use permitted by variance previously issued).
(2)
The installation of listed or approved smoke detectors
or fire alarms in all residential and any other structures as follows:
(a)
In all one-family dwellings, one listed or approved
smoke detector or fire alarm shall be installed in the basement and
on each living floor at a location to be approved by the Fire Official.
[Amended 1-27-2009 by Ord. No. 09-03]
(b)
In all two-family dwellings, one listed or approved
smoke detector or fire alarm shall be installed in the basement and
one shall be installed on each habitable floor in each apartment or
dwelling unit at a location to be approved by the Fire Official.
[Amended 1-27-2009 by Ord. No. 09-03]
(c)
In any building or structure containing three or more dwelling units or a structure that is a mixed use as defined in Article VIII of this chapter, the nature, extent and location of the smoke detectors or fire alarms shall be installed in accordance with the Regulations for Maintenance of Hotels and Multiple Dwellings Code of the State of New Jersey.
(3)
The installation of carbon monoxide sensor devices,
as required, in any dwelling unit in a building with fewer than three
dwelling units, pursuant to N.J.S.A. 52:27D-133.3.
(4)
That inspection is made by the inspector of all stormwater
discharges from the structure and property to ensure that no water
from roof drains, sump pump or other stormwater collection or storage
facilities is directed into the Borough sanitary sewer system. All
such connections must be removed, and proper connections in the Borough
stormwater system are to be installed prior to the issuance of any
certificate of compliance.
C.
Prior to the issuance of a certificate of occupancy an "as built"
survey must be submitted to the Construction Official for all new
structures or additions to existing structures built within the Borough.
[Added 5-27-2021 by Ord.
No. 21-06]
A.
No certificate of occupancy shall be issued by the
Construction Official until he has ascertained that all the requirements
of this chapter, and any other applicable Borough, county or state
regulations, ordinances or statutes, or Planning Board conditions
or site plan requirements, and necessary resolutions of Borough Council
have been and are fully complied with. All improvements shown on the
approved final site plan or subdivision plat, including all grading
and drainage facilities and public improvements approved by the Borough
Engineer shall have been installed on the premises in question and
a complete site cleanup of all construction materials shall have been
completed before any certificate of occupancy shall be issued. The
Construction Official shall not issue the certificate unless the Borough
Health Officer, Borough Engineer, Borough Planning Advisor and all
other appropriate Borough and construction subcode officials indicate
conformance with applicable requirements.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
If the developer has failed to complete all on-site
or public improvements required by the approving authority for site
plan or subdivision approval because of adverse weather conditions,
a temporary certificate of occupancy may be issued at the discretion
of the Construction Official for a period not to exceed six months.
This temporary certificate may be issued only upon the following findings
being made by the Construction Official:
(1)
All the requirements of the Uniform Construction Code
have been complied with and the structure is safe for human occupancy
or utilization;
(2)
Proper access to the structure and across the public
right-of-way for fire and emergency vehicles as well as the users
thereof and the public at large is provided; and
(3)
A bond or certified check has been submitted to the
Borough to insure the completion of all unfinished improvements within
the time period of the temporary Certificate. This bond is to be submitted
to the Borough Clerk in an amount specified by the Borough Engineer
to be 115% of the total cost of all uncompleted improvements.
C.
The failure of the applicant to complete such improvements
within the stated time period of the Temporary Certificate will result
in the forfeiture of the bond in order to allow the Borough to complete
the required improvements. The applicant may request, and the Construction
Official may grant one-month extensions to this time period, not to
exceed a total of three months of additional time.
A.
The Zoning Officer or Construction Official shall
issue or deny a zoning permit within 20 days of the date of application
for said permit.
B.
Where site plan approval by an approving authority
was required, the Construction Official shall issue or deny a certificate
of occupancy within 10 business days after the date of completion
of all requisite work and being notified in writing by the developer
that all work has been completed to the satisfaction of the owner
and in compliance with all approved plans and applicable codes.
C.
Where site plan approval by an approving authority
is not required, the Construction Official shall issue or deny a certificate
of occupancy within 10 business days of the date of written request
for said certificate.
A zoning permit or certificate of occupancy shall specify the use of the lot or lots, or structure(s) as the case may be, in accordance with the use categories stated in Article VII of this chapter and any terms or conditions under which the issuance is made. Any change of use shall be treated as a new use and a new certificate of occupancy shall be required. Before any certificate of occupancy shall be issued for any such change of use, all provisions of this chapter shall be complied with in the same manner as if the new use or structure were an initial use of land or structure.
[Amended 4-8-2008 by Ord. No. 08-09]
A.
It shall be the duty of the Construction Official
to maintain records of all applications for zoning permits, building
permits, or certificates of occupancy and of all such permits and
certificates issued, together with a notation of all special terms
or conditions imposed thereunder. These records will be maintained
within the office of the Construction Official. He shall be responsible
for the filing and safe keeping of all plans and specifications submitted
to him with any applications and the same shall form a part of the
records of his office and shall be available to all officials of the
Borough.
B.
It shall be the duty of the Fire Official to maintain
records of all applications for certificates of compliance and of
all such certificates issued, together with a notation of all special
terms or conditions imposed thereunder. These records will be maintained
within the office of the Fire Official. He shall be responsible for
the filing and safe keeping of all documents submitted to him with
any applications and the same shall form a part of the records of
his office and shall be available to all officials of the Borough.
[Amended 4-13-1999 by Ord. No. 99-06; 11-10-2009 by Ord. No. 09-22]
Unless otherwise specifically provided herein,
any violation of the provisions of this chapter, including but not
limited to the erection or alteration of a structure prior to obtaining
a building permit, the utilization of any land prior to obtaining
a zoning permit, the use or occupancy in whole or in part of any structure
in which the nature of the use has been changed, or wherein there
has been a modification of utilization, or which has been erected
or altered, the use or occupancy in whole or in part of any land on
which the nature of the use has been changed, or whereon there has
been a modification of utilization or upon which an improvement has
been made prior to obtaining a certificate of occupancy, shall be
a violation of this chapter. The governing body, the Construction
Official, the Zoning Officer, the Zoning Enforcement Officer or other
proper official, in addition to other remedies, may institute any
appropriate legal action or proceedings to prevent such unlawful erection,
repair, construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct, or abate such violation, to prevent
the occupancy of said structure, or land, or to prevent any illegal
act, conduct, business or use about such premises. Each day the violation
shall continue shall constitute a separate violation. Violations of
this chapter shall be punishable by a fine not to exceed $1,000 or
by imprisonment for a term not exceeding 90 days or by a period of
community service not exceeding 90 days.
[Amended 6-12-1999 by Ord. No. 99-12]
A.
A Development Review Committee is hereby established
to review all applications for development and any requests for review
presented to the Planning Board.
[Amended 12-10-2002 by Ord. No. 02-28]
B.
The Development Review Committee shall consist of
the Zoning Officer, Mayor, Municipal Engineer, Planner, and Chairman
of the Planning Board. The Mayor may designate, in writing, an alternate
to act in his place and stead either annually or by meeting.
[Amended 12-10-2002 by Ord. No. 02-28]
C.
The Zoning Officer shall classify development applications
as major or minor. Only major applications shall be submitted to the
Development Review Committee for its review.
D.
The Zoning Officer shall chair the meetings of the
Development Review Committee and shall call such meetings as needed.
The Zoning Officer may request the presence of any officer or employee
of the municipality, or any other public official, who has knowledge
or expertise which would assist the Committee in reviewing the application.
E.
The Development Review Committee shall have the following
duties and responsibilities:
(1)
To make recommendations on the design and technical
elements of any application.
(2)
To determine compliance with the design standards set forth in Article IX and other provisions of this chapter.
(3)
To make nonbinding recommendations to the Planning
Board with respect to waivers, exceptions, variances, and other relief
requested.
[Amended 12-10-2002 by Ord. No. 02-28]
F.
The Development Review Committee shall make its findings
and recommendations known to the appropriate Board prior to the meeting
at which the application is to be considered.
[Added 10-23-2001 by Ord. No. 01-18]
The Planning Board of the Borough of Garwood
is hereby authorized and directed to exercise all of the powers and
perform all of the duties of the Zoning Board of Adjustment. All references
in the Code of the Borough of Garwood to the Board of Adjustment or
Zoning Board of Adjustment shall hereafter be construed to refer to
the Planning Board.
