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Borough of Stanhope, NJ
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
This chapter shall be known and may be cited as the "Land Development Ordinance of the Borough of Stanhope, New Jersey."
There is hereby ordained by the Mayor and Council for the Borough of Stanhope, New Jersey, pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., a land development ordinance for the following purposes:
A. 
To encourage municipal action to guide the appropriate use or development of all lands in this Borough in a manner which will promote the public health, safety, morals and general welfare.
B. 
To secure safety from fire, flood, panic and other natural and man-made disasters.
C. 
To provide adequate light, air and open space.
D. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.
E. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
F. 
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 would result in congestion or blight.
G. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
H. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
I. 
To promote the conservation of energy by orienting new streets and buildings in a manner that maximizes solar access.
[Added 9-28-1982 by Ord. No. 1982-11]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated with, subordinate and incidental to and detached from the principal building, structure or use and which is located on the same lot therein, including but not limited to garages, carports, barns, kennels, sheds, swimming pools with a holding capacity of greater than 500 gallons, decks or roof structures. Any such building or structure directly attached to the principal building shall be considered part of the principal building. Outdoor furnaces are excluded from the definition of "accessory building, structure or use" and are prohibited in all zones. No accessory structure shall be permitted to house or enclose any outdoor furnace.
[Amended 5-29-1990 by Ord. No. 1990-10; 4-30-1991 by Ord. No. 1991-11; 9-27-2011 by Ord. No. 2011-16; 5-22-2012 by Ord. No. 2012-08]
AGRICULTURE
Farming truck gardening when products are not sold on the premises; provided, however, that the keeping of any customary farm animals, such as horses, ponies, cows, oxen, hogs, sheep and goats, chickens or other fowl, is prohibited on lots of less than five acres in size, and further provided that the keeping of any farm animal or fowl is only permitted in a building or other enclosure, not part of which is closer to any street or road line than 200 feet or closer to any property line than 200 feet. Except as hereinabove provided, the keeping of any animals shall not be permitted in a residential district other than animals customarily regarded as household pets.
[Added 6-29-1982 by Ord. No. 1982-8]
ALLEYS
Minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
ALTER or ALTERATION OF A STRUCTURE
To change a supporting member of a structure, to add to or reduce the size of a structure, to change the use from that permitted in one zone to a use permitted in another, to convert a structure or a part thereof or to move a structure from one location to another.
APPLICANT
A developer submitting an application for development.
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 direction of the issuance of a permit pursuant to this chapter.
APPROVING AUTHORITY
The Planning Board of the Borough of Stanhope.
[Amended 5-28-2002 by Ord. No. 2002-5]
ARTERIAL STREETS
Those streets which are used primarily for fast or heavy traffic.
BASEMENT
A room having a floor more than three feet below the average elevation of ground at the foundation wall.[1]
BUFFER AREA
An area of land in which no building, parking area, material storage or other improvement shall be permitted. The purpose of the buffer area is intended to provide aesthetic upgrade, to reduce visual access to dissimilar uses and to minimize noise impact. Such buffer area may include natural or manmade materials and berms, which combination of materials shall be selected with the long-term view of the objectives sought and the particular use or purpose for which the buffer is to serve. The size of species at planting may be adjusted upward from that provided in this chapter based on the Board's determination of the use which the buffer serves.
[Amended 11-26-1996 by Ord. No. 1996-19]
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy or storage and having a roof with a volume of more than 100 cubic feet.
BUILDING COVERAGE
The area occupied by all buildings on a lot, measured on a horizontal plane around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHT
The vertical distance from the average ground elevation around the foundation to the highest point of the roof surface.
BUILDING LOT COVERAGE
The total impervious surface area on said building lot.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CHILD-CARE CENTER
A commercial facility in which child-care services are provided for a fee for six or more children at one time for more than 15 hours per week, and said use is required to be licensed by the New Jersey Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
[Added 6-1-1999 by Ord. No. 1999-10]
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as highways, streets, railways, waterways, towers, pipes and conduits, and the handling of people and goods by such means as stations, warehouses and other storage buildings or transshipment points.
COLLECTOR STREETS
Those streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons jointly.
COMMON PROPERTY
Land and water or a combination of land and water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and owners of the dwelling units in the development.
CONDITIONAL USE
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 regulations, and upon the issuance of an authorization thereof by the Planning Board.
CONTINUING CARE FACILITY
A residential facility designed to house persons over the age of 65 (65 years) or handicapped persons whose health requires that special services and support systems be available on site to enable such persons to live outside of an institution.
[Added 6-1-1999 by Ord. No. 1999-10]
CONVENTIONAL
Development other than planned development.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of the County of Sussex with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Sussex County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The Planning Board of the County of Sussex.
CRITICAL SLOPES
Any slopes which have a grade of 12% or more as identified on any accurate certified topographic survey that must meet or exceed National Map Accuracy Standards for two-foot contour intervals. The slope percentage is computed by dividing the vertical distance by the horizontal distance times 100.
[Amended 6-1-1999 by Ord. No. 1999-10]
DAYS
Calendar days.
DEVELOPER
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 any other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to this act.
[2]
DISH ANTENNA, EXTERNAL
[Added 7-29-1986 by Ord. No. 1986-18]
Any accessory structure constructed or installed out of doors with the purpose of transmitting or receiving satellite or similar waves or signals. Said definition shall be limited to satellite earth stations.
(1) 
The Mayor and Council of the Borough of Stanhope finds that the uncontrolled construction of dish antennas in Stanhope would be inimical to the health, safety and general welfare of the citizens of Stanhope. It is the purpose of this legislation to establish standards for the construction and erection of said dish antennas within the Borough in order to protect against injury to persons who may be attracted to such antennas, particularly children, and to prevent the depreciation of land values that could result from the indiscriminate placement of such antennas and to preserve the historic characteristic of certain properties.
(2) 
No external dish antenna shall be built, erected or modified until a building certificate is issued by the Building Inspector. Any person or legal entity applying for such permit shall furnish to the Building Inspector such plans, drawings and specifications as he may reasonably require as to the dish antenna to be constructed, erected or modified. The Borough Engineer shall be consulted to review stability design, roof loads, wind factors, etc., at the expense of the applicant for all dish antennas installed on a structure.
(3) 
All external dish antennas shall be deemed accessory structures and shall be subject to all general regulations governing the location and height of accessory structures, except as superseded in this chapter. The dish antenna shall be neutral in color and bear no advertising emblem or information of the property or user.
(4) 
All external dish antennas shall be designed in conformance with the American National Standards Institute, Standard A 58.1, American National Standard Building Code Requirements for Minimum Design Loads and Buildings and Other Structures, and the Electronics Industry Association Standard R.S. 411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to said standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel, or such other professional as may be deemed appropriate by the Building Inspector, shall be submitted to the Building Inspector as a condition of the issuance of the building permit required by this section.
(5) 
External dish antennas shall not be placed on any lot which does not contain a permitted principal structure.
(6) 
A ground-mounted dish antenna may be installed only in the rear area of any property.
(7) 
There shall be no more than one external dish antenna permitted on any lot. Thee dish antenna shall not be portable but shall be permanently affixed. No ground-mounted dish antenna shall exceed 12 feet in height or width.
(8) 
No dish antenna mounted on any building shall exceed eight feet in height or width.
(9) 
Any dish antenna located on a building or other structure shall be mounted on the rear half of the building and shall not extend beyond eight feet above the peak of the roof of the building or structure.
(10) 
In commercial or industrial zones, the following additional or superseding conditions apply:
(a) 
Site plan application and approval shall be required.
(11) 
In the Industrial Zone, the following conditions apply:
(a) 
The dish antenna may be mounted on a tower, provided that the tower mount and dish antenna do not exceed the limitations of the Industrial Zone requirements in the Zoning Ordinance.[3]
(12) 
No satellite dish antenna shall be permitted on any property or structure located in any historical zone.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.
DRIVEWAY
In addition to its regularly accepted common meaning, any lane, way, field entrance or privately owned road.
DWELLING, MULTI-UNIT
A building containing three or more dwelling units.
DWELLING UNIT, ONE-FAMILY
A detached building containing one unit designed for occupancy by one family.
DWELLING UNIT, TWO-FAMILY
A building containing two dwelling units.
ENVIRONMENTAL COMMISSION
The Environmental Commission of the Borough of Stanhope.
ENVIRONMENTAL IMPACT STATEMENT
A written description and analysis of all potential and possible direct and indirect effects a project will have upon the project site as well as upon the surrounding region affected thereby, with particular reference to the effect of the project upon the public health, welfare, safety, protection of public and private property and the preservation and enhancement of the natural and historic environment.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures, including a schedule of the timing of their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Sussex County Soil Conservation District.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
FAMILY
One or more persons living in a single, nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, fraternity or sorority house. A family shall be deemed to include foster children and necessary servants, which such children and servants share the boarding and common housekeeping facilities and services, but shall not include boarders, roomers or paying guests.
FARM CONSERVATION PLAN
A plan which provides for use of land within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
FILL
Sand, gravel, earth or other select materials of equal quality placed or deposited within the floodway so as to form an embankment or raise the elevation of the land surface.
FINAL APPROVAL
The official action of the Borough of Stanhope taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FLOOD DAMAGE POTENTIAL
The susceptibility of a floodway use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood-related damages caused by such floodway use.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and any additional portions of the floodplain of which the improper development and general use would constitute a threat to the safety, health and general welfare. This shall constitute the total area inundated by the flood hazard design flood.
FLOODPLAIN
The relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater.
FLOODWAY
The channel of a natural stream and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.
FOOTCANDLE
A unit for measuring illumination equaling the amount of light per unit area, lumens per equal foot.
GARAGE, PRIVATE
A detached accessory building or portion of the principal building designed primarily for the storage of passenger vehicles and commercial vehicles with a weight not exceeding 8,000 pounds.
GARAGE, PUBLIC
A principal building in which a business involving one or more of the following is conducted or rendered:
(1) 
New and used motor vehicle sales and rental.
(2) 
The sale of motor fuels and motor vehicle parts.
(3) 
Body repair, major engine repair and motor vehicle maintenance operations, including the installation of tires, mufflers, brakes, seat covers and similar parts.
(4) 
Automatic car wash operations, but not including coin-operated washing mechanisms or the washing of motor vehicles by customers.
GOVERNING BODY
The Mayor and Council of the Borough of Stanhope.
GROUNDWATER
That water beneath the land surface which is below the water table and is termed phreatic water.
HISTORIC SITE
Any building, structure, area or property that is significant in history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to this act.
[4]
HOME OCCUPATION
Gainful employment or occupation, exclusive of retail sale of goods or merchandise not produced on the premises, conducted within a dwelling, which shall constitute either entirely or partially the means of livelihood of a person living in said dwelling, such as but not limited to a physician, surgeon, dentist, lawyer, bookkeeper, accountant, auditor, architect, engineer, seamstress, artist, tutor, broker, mail-order service or member of a design profession or computer operator. "Home occupation" shall not include any lodgers, boarders, or roomers.
[Amended 5-29-1990 by Ord. No. 1990-10; 6-1-1999 by Ord. No. 1999-10; 6-25-2019 by Ord. No. 2019-09]
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a development under recorded land agreements through which each lot or development owner shall be a member, each occupied dwelling unit is subject to a charge for a proportionate share of any expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Borough and each owner and tenant has a right to use the common property.
IMPERVIOUS SURFACE AREA
That portion of a site which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, roads, signs, swimming pools and other improvements on the ground surface which are less permeable than the natural surface. Impervious surface area computations must include the impervious areas for improvements required by ordinance, such as parking areas.
[Amended 5-29-1990 by Ord. No. 1990-10]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality.
JUNKYARD
Any land or premises, with or without buildings, used for the deposit, collection or storage of waste and used or discarded things or materials, whether or not in connection with the dismantling, processing, salvage, sale or other use or disposition thereof, and the deposit or storage on any lot of two or more wrecked or inoperative vehicles or parts thereof for one month or more shall be deemed to be a junkyard.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality, including improvements and fixtures.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
LOADING, OFF-STREET
Space logically and conveniently located for both pickups and deliveries, scaled to the delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LODGER, BOARDER or ROOMER
A person other than a member of a family occupying a part of any dwelling unit who, for consideration, is furnished living accommodations in such dwelling unit.
[Added 6-25-2019 by Ord. No. 2019-09]
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets. A lot abutting a curved street shall be considered a corner lot if the straight line drawn from the foremost point to the side lot line meets it at an interior angle of 135º. Every corner lot shall have two front yards, one side yard and one rear yard. The rear yard shall be parallel to the narrower lot frontage.
[Amended 5-29-1990 by Ord. No. 1990-10]
LOT DEPTH
The mean distance between midpoint of straight lines connecting the foremost points of side lot lines and the rearmost points of side lot lines in the rear.
LOT FRONTAGE
The length of the front line measured at the street right-of-way.
[Added 6-30-1987 by Ord. No. 1987-8]
LOT LINE
Any boundary line of a lot.
LOT LINE, FRONT
The dividing line between the lot and a street right-of-way.
[Added 6-30-1987 by Ord. No. 1987-8]
LOT WIDTH
The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard at the setback line; provided, however, that width between side lot lines at their foremost points, where they intersect with the street line, shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where the eighty-percent requirement shall not apply.
LUMEN
A unit of light quantity.
MAINTENANCE GUARANTY
Any security, not to exceed 15% of the cost of the improvement, which may be accepted by the Borough of Stanhope for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MARGINAL ACCESS STREETS
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
MASTER PLAN
The Master Plan of the Borough of Stanhope.
MINOR STREETS
Those streets which are used primarily for access to the abutting properties.
MINOR SUBDIVISION
(1) 
A subdivision of land that does not involve:
(a) 
The creation of more than three lots fronting on an existing street.
(b) 
A planned development.
(c) 
Any new street.
(d) 
Extension of any off-tract improvement.
(2) 
Notwithstanding the foregoing, a proposed subdivision shall not be classified as a "minor subdivision" if the parcel to be affected by said proposed subdivision has previously been the subject of a minor subdivision approved less than two years from the application date of said proposed subdivision; provided, however, that this restriction shall not be applicable if the total number of lots contained in the proposed subdivision, combined with the total number of lots in the previous said minor subdivision does not exceed three in number.
MULCHING
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPAL AGENCY
The Stanhope Planning Board or the Stanhope Environmental Commission or the Mayor or the Borough Council of the Borough of Stanhope when acting pursuant to this chapter.
[Amended 5-28-2002 by Ord. No. 2002-5]
MUNICIPALITY
The Borough of Stanhope.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a development regulation, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a development regulation, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use which occupied a building or land at the time of the enactment of this chapter which does not conform with the use regulations in which it is located according to the chapter.
NURSING HOME
A health care facility duly licensed as a nursing or convalescent care facility, which provides nursing care in addition to shelter and board, and for which a certificate of need has been issued by the New Jersey Department of Health.
[Added 6-1-1999 by Ord. No. 1999-10]
OBSTRUCTION
Includes but is not limited to any structure, excavation, fill or other materials placed in, along, across or projecting into any channel, watercourse or floodway which may impede, retard or change the direction of the flow of water in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established from time to time by resolution of the Sussex County Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
The Official Map of the Borough of Stanhope.
OFF SITE
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 a development application or on a contiguous portion of a street or right-of-way.
OFF TRACT
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
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, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OUTDOOR FURNACE
[Added 5-22-2012 by Ord. No. 2012-08]
(1) 
Any equipment, device, appliance or apparatus, or any part thereof, which is:
(a) 
Installed, affixed or situated outdoors;
(b) 
Wood, biomass and/or pellet-fed; and
(c) 
Utilized for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
(2) 
This term includes but is not limited to wood boilers.
PARKING, OFF-STREET
A parking space that shall consist of a space adequate for parking an automobile with room for opening the doors on both sides, together with properly related access to a street and maneuvering room.
PARKING SPACE
An area for the parking of a motor vehicle measuring 10 feet wide by 20 feet in length on the lot in question. The area of a parking space is intended to be sufficient to accommodate the exterior extremities of the vehicle whether or not, in addition thereto, wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be as required by this chapter and shall be measured perpendicularly to each other regardless of the angle of the parking space to the access aisle or driveway.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the provisions of this chapter.
PARTY WALL
A common wall between individual dwelling units.
PERFORMANCE GUARANTY
Any security, which may be accepted by the Borough of Stanhope, including cash, provided that said cash may not be more than 10% of the total performance guaranty.
PERMIT
A certificate issued to perform work under this chapter.
PESTICIDE
Any substances or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form, including crude oils and derivatives of crude oils, whether alone as sludge or oil refuse or mixed with other wastes.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such range of ratios or nonresidential uses to residential uses as shall be specified in the zoning regulations.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLANNING BOARD
The Municipal Planning Board established by the Borough of Stanhope.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board of the Borough of Stanhope and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATION
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRINCIPAL BUILDING OR USE
A building or use which is conducted as the principal, primary or predominate use of the building or lot.
[Added 5-29-1990 by Ord. No. 1990-10]
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure of the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pools temporarily enacted upon the ground holding less than 500 gallons of water.
PUBLIC AREA
(1) 
Public parks, playgrounds, trails, paths and other recreational areas.
(2) 
Other public open spaces.
(3) 
Public scenic sites.
(4) 
Public historic sites.
(5) 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the Mayor and Council of the Borough of Stanhope or any amendment thereto.
PUBLIC DRAINAGEWAY
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 from flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Borough of Stanhope, any municipal agency of the Borough of Stanhope, the Lenape-Valley Regional School District or the Borough of Stanhope Board of Education for recreational or conservational use.
QUORUM
The majority of the full authorized membership of the Planning Board of the Borough of Stanhope.
[Amended 5-28-2002 by Ord. No. 2002-5]
RADIOACTIVE MATERIAL
Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
RATE OF LOCAL RUNOFF
The speed with which a given quantity of water will move across the land surface at the site of the proposed use, under the influence of gravity.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyance so as to combine existing lots by deed or other instrument.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
SERVICE STATION, AUTOMOTIVE
A building and premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work, painting or other major repairs.
SETBACK, FRONT
Shall be measured from the right-of-way line.
SETBACK LINE
A line drawn at a distance from a street, side and rear property line equal to the required respective front, side and rear yard depth.
SIGN
A name, identification, description, illustration or any other visual display which is fixed to, painted on or represented directly or indirectly upon a building, structure or land, which directs attention to an organization, business, product, service or individual.
SIGN, ADVERTISING
The direct attention to individual, business, product, commodity or service conducted, sold or offered elsewhere other than on the premises where the sign is located.
SIGN AREA
The entire space within a single continuous perimeter, enclosing the extreme limits of all words, devices or emblems but not passing through or between any adjacent elements.
SIGN, BUSINESS
The direct attention to an individual, business, product, commodity or service sold, leased or offered on the premises where the sign is located.
SIGN, EXEMPT
Includes official, court or public office notices, traffic control devices and the flag, emblem or insignia of a governmental agency or religious group. Any sign located completely within an enclosed building is exempt, provided that the sign is not visible or directed to be seen from the outside of the building.
SIGN, FLASHING
Includes signs with illumination which are not maintained at a constant intensity at all times.
SITE
Any plot, parcel or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required by the site plan regulations of the Borough of Stanhope.
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
SOLAR ACCESS
Access to unobstructed direct sunlight to the south wall of buildings. "Solar access" shall be considered adequately available if the south wall of a building has unobstructed access to sunlight for 75% of the time between 8:45 a.m. and 3:15 p.m. local time, on December 21, of any year.
[Added 9-28-1982 by Ord. No. 1982-11]
SOLAR ENERGY SYSTEM
Any system that converts solar energy to usable thermal, electrical or chemical energy to meet all or a significant part of a dwelling unit's energy requirements. The term "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.
[Added 9-28-1982 by Ord. No. 1982-11]
STANDARDS OF PERFORMANCE
The standards adopted by the site plan regulations of the Borough of Stanhope regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough of Stanhope.
STORE, RETAIL
A building or part thereof in which or from which merchandise or services are furnished directly to the public.
STORE, WHOLESALE DISPLAY
A building or part thereof where merchandise is displayed for sale and sold at wholesale, but where no goods, wares, merchandise or material is warehoused.
STORY
That portion of a structure included between the surface of a floor, excluding basement and cellar floors, and the surface of the next floor above or, if there is no floor above, then the space between the floor and the ceiling next above.
STORY, HALF
That portion of a building situated above a story with a minimum height of five feet where the walls meet a sloping roof and having a minimum average height of seven and one-half (71/2) feet.
STREAM ENCROACHMENT PERMIT
A permit issued by the department under the provisions of N.J.S.A. 58:1-26.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the Sussex County Clerk prior to the appointment of the Borough Planning Board and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surfaces, including clearing and grubbing operations.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order; and conveyance so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
TOWNHOUSE
A single-family attached dwelling unit or one dwelling unit in a building containing three or more dwelling units, each dwelling unit extending from footings to roof and having individual outside access.
TRAILER
A wheel-based noncommercial vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object.
USE
(1) 
Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied.
(2) 
Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
(3) 
To convert one's service.
USE, ACCESSORY
A building or use customarily incidental and subordinate to the use of a building or to the principal use of the land which is located on the same lot with such principal building.
UTILITY SHED
A structure which is intended to shelter only domestic tools used for the maintenance of the grounds of the premises on which the structure is located.
[Added 4-30-1991 by Ord. No. 1991-11]
VARIANCE
To depart from the lateral requirements of the development regulations.
WAREHOUSE
A building used for the temporary or permanent storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.
WATER-CARRYING CAPACITY
The ability of a channel or floodway to transport water as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
YARD
An open space existing between the closest point of any building and lot line or street line. All dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangency of curved lines and facades.
YARD FRONTAGE
An open unoccupied space within and extending the full width of the lot between the front lot line or shore line and the parts of the building setting back from the nearest such line.
YARD, REAR
An open unoccupied space within and extending the full width of the lot between the rear walls of the building and the rear lot line.
YARD, SIDE
An open unoccupied space within the lot between the side lot and the parts of the building erected thereon and nearest thereto. Such side yard shall extend through from the street or front lot line or from the front yard to the rear yard or other street or lot line.
ZONING PERMIT
A document signed by the Zoning Enforcement Officer or Building Inspector which is required by development regulation as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Borough development regulations or a variance therefrom duly authorized by the Borough Planning Board pursuant to this chapter.
[Amended 5-28-2002 by Ord. No. 2002-5]
[1]
Editor's Note: The former definition of Board of Adjustment, which immediately followed this definition, was repealed 5-28-2002 by Ord. No. 2002-5. This ordinance also provided that the duties of the former Board of Adjustment have been reallocated to the Planning Board.
[2]
Editor's Note: "This act" refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: See Art. XV, Zoning.
[4]
Editor's Note: "This act" refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B. 
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "used" includes the words "arranged, designed or intended to be used."
[Amended 5-28-2002 by Ord. No. 2002-5]
The Mayor and Council and Planning Board shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter, for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by the rules of each Borough agency, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
[Amended 5-28-2002 by Ord. No. 2002-5]
Every Borough agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Borough agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The Borough agency may provide for special meetings, at the call of the Chairman, or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and agency regulations. No actions shall be taken at any meetings without a quorum being present. All actions shall be taken by a majority vote of a quorum, except as otherwise required by § 100-30, dealing with the issuance of permits for buildings or structures; § 100-14E, dealing with vote necessary to reverse or remand or modify any final action of the Planning Board; § 100-22A dealing with referral powers; § 100-103A(4) dealing with the granting of a use or structure variance; and § 100-109F dealing with Board of Adjustment referral for subdivision or site plan approval to the Planning Board, of this chapter.
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 provisions of N.J.S.A. 10:4-6 et seq., and agency regulations.
B. 
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the Borough agency and of the persons appearing by attorney, the action taken by the Borough agency and the findings, if any, made by it and reasons therefor. The minutes thereafter shall be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee, as established by the rules of each Borough agency, for reproduction of the minutes for his use.
A. 
The Borough agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan.
B. 
The Borough agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and made available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Borough Clerk. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C. 
The officer presiding at the hearing or such person as he may designate 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, N.J.S.A. 2A:67A-1 et seq., shall apply.
D. 
The testimony of all witnesses relating to an application for development 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 reasonable limitations as to time and number of witnesses.
E. 
Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F. 
The Borough agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Borough agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense.
G. 
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
H. 
A copy of the decision shall be mailed by the Secretary of the Borough agency within 10 days of the date of decision to the applicant or, if represented, to his attorney, without separate charge, and to all who request a copy of the decision for a fee as specified in Chapter 82, Fees, of the Code of the Borough of Stanhope. A copy of the decision shall also be filed by the Borough agency in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a fee, as specified in the Fee Ordinance, and available for public inspection at his or her office during Borough business hours.
I. 
A brief notice of the decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Secretary of the Borough agency, provided that the applicant may in any case provide for publication of the decision.
Notices pursuant to §§ 100-9 and 100-10 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notice pursuant to § 100-9 of this chapter, an identification of the property proposed for development by street address, if any, or by reference to lot and block 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 pursuant to § 100-7B of this chapter.
Notices pursuant to Subsections A, B, D, E, F and G of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
A. 
Public notice of a hearing on an application for development shall be given, except for minor subdivisions, pursuant to § 100-46 of this chapter, or final approval of site plans and major subdivisions, pursuant to § 100-42 of this chapter, provided that public notice shall be given in the event that relief is requested, pursuant to § 100-21 ancillary powers of this chapter, as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the Borough.
B. 
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner, as shown on said current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. 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, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C. 
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven days, make and certify a list from said current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. 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. A fee, as described in Chapter 82, Fees, of the Code of the Borough of Stanhope, shall be charged for such list.
[Amended 2-26-1991 by Ord. No. 1991-7]
D. 
Notice of all hearings on application 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.
E. 
Notice shall be given by personal service, or certified mail to the 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 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 Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, 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 Clerk pursuant to § 100-7B of this chapter.
H. 
The applicant shall file an affidavit of proof of service with the Borough agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
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 the 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 hearing.
C. 
Notice by personal service or certified mail to the County Planning Board of all hearings on 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 proposed Master Plan or any revision or amendment thereto.
D. 
The Planning Board shall give notice on 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.
Any notice made by certified mail pursuant to §§ 100-9 and 100-10 of this chapter shall be deemed complete upon mailing.
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 any such hearing.
B. 
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing, and of 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 program, or any proposed 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 with the County Planning Board as soon after passage as possible all development regulations, including this chapter, and any amendments or revisions thereto and file and maintain for public inspection copies of said regulations in the office of the Clerk.
A. 
Any interested party may appeal to the Mayor and Council any final decision of the Planning Board on any application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 100-7I of this chapter. The appeal to the Mayor and Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal, specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Mayor and Council only upon the record established before the Planning Board.
[Amended 5-28-2002 by Ord. No. 2002-5]
B. 
Notice of the meeting to review the record shall be given by the Mayor and Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 100-7H and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Mayor and Council shall provide for verbatim recording and transcripts of such meetings pursuant to § 100-7F.
C. 
The Mayor and Council shall conclude a review of the record not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript, pursuant to § 100-7F or otherwise, for use by the Mayor and Council and shall submit proof upon the filing of his notice of appeal or within 19 days thereof that he has ordered said transcript. Failure of the appellant to order the transcript within the above time shall result in dismissal of the appeal. Failure of the Mayor and Council to hold a hearing and conclude a review of the record and to render a decision within such specified period, without such written consent, shall constitute a decision affirming the action of the Board.
D. 
The Mayor and Council may reverse, remand or affirm, in whole or in part, or may modify the final decision of the Planning Board.
[Amended 5-28-2002 by Ord. No. 2002-5]
E. 
The affirmative vote of a majority of the full authorized membership of the Mayor and Council shall be necessary to reverse, remand or modify any final action of the Board.
F. 
An appeal to the Mayor and Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Mayor and Council, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
G. 
The Mayor and Council shall mail a copy of the decision to the appellant or, if represented, then to his attorney and to the applicant, without separate charge, and for a fee, as designated by the rules of the Borough agency, to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Borough Clerk, provided that the applicant may arrange such publication if he so desires.
H. 
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
The Mayor and Council shall enforce this chapter. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Mayor and Council and its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceeding 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 building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
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 any 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 and welfare, the approving authority shall process such application for development in accordance with this chapter, and if such application for development complies with the requirements of this chapter, the approving authority 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 approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
C. 
Conditions precedent. Whenever any application for development is approved subject to specified conditions, intended to be fulfilled before the approval becomes effective, said conditional approval shall lapse and become null and void unless all specified conditions are fulfilled within 190 days of the date of conditional approval.
[Added 12-27-1988 by Ord. No. 1988-38]
D. 
Conditions subsequent. Whenever any application for development is approved subject to conditions, which by their terms are into the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within 190 days from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.
[Added 12-27-1988 by Ord. No. 1988-38]
E. 
The fulfillment of all conditions pursuant to Subsections C and D above shall be reported, in writing, to the municipal agency, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be assigned or any required building permit, occupancy permit or zoning permit be issued.
[Added 12-27-1988 by Ord. No. 1988-38]
F. 
Nothing contained in Subsections C and D above shall be construed as preventing the municipal agency from specifying a longer period of time within which any specific condition must be fulfilled or from granting, upon an ex parte application, an extension of time for fulfilling a condition for good cause shown.
[Added 12-27-1988 by Ord. No. 1988-38]