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.Â
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.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters.
C.Â
To provide adequate light, air and open space.
D.Â
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.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
F.Â
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.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
H.Â
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.Â
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.Â
ACCESSORY BUILDING, STRUCTURE OR USE
AGRICULTURE
ALLEYS
ALTER or ALTERATION OF A STRUCTURE
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
ARTERIAL STREETS
BASEMENT
BUFFER AREA
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LOT COVERAGE
CAPITAL IMPROVEMENT
CHILD-CARE CENTER
CIRCULATION
COLLECTOR STREETS
COMMON OPEN SPACE
COMMON OWNERSHIP
COMMON PROPERTY
CONDITIONAL USE
CONTINUING CARE FACILITY
CONVENTIONAL
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
CRITICAL SLOPES
DAYS
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DISH ANTENNA, EXTERNAL
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(a)Â
(11)Â
(12)Â
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVEWAY
DWELLING, MULTI-UNIT
DWELLING UNIT, ONE-FAMILY
DWELLING UNIT, TWO-FAMILY
ENVIRONMENTAL COMMISSION
ENVIRONMENTAL IMPACT STATEMENT
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION or CUT
FAMILY
FARM CONSERVATION PLAN
FILL
FINAL APPROVAL
FLOOD DAMAGE POTENTIAL
FLOOD FRINGE
FLOOD HAZARD AREA
FLOODPLAIN
FLOODWAY
FOOTCANDLE
GARAGE, PRIVATE
GARAGE, PUBLIC
(1)Â
(2)Â
(3)Â
(4)Â
GOVERNING BODY
GROUNDWATER
HISTORIC SITE
HOME OCCUPATION
HOMEOWNERS' ASSOCIATION
IMPERVIOUS SURFACE AREA
INTERESTED PARTY
JUNKYARD
LAND
LAND DISTURBANCE
LOADING, OFF-STREET
LODGER, BOARDER or ROOMER
LOT
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT LINE
LOT LINE, FRONT
LOT WIDTH
LUMEN
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MARGINAL ACCESS STREETS
MASTER PLAN
MINOR STREETS
MINOR SUBDIVISION
(1)Â
(2)Â
MULCHING
MUNICIPAL AGENCY
MUNICIPALITY
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSING HOME
OBSTRUCTION
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
OUTDOOR FURNACE
PARKING, OFF-STREET
PARKING SPACE
PARTY IMMEDIATELY CONCERNED
PARTY WALL
PERFORMANCE GUARANTY
PERMIT
PESTICIDE
PETROLEUM PRODUCTS
PLANNED DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATION
PRINCIPAL BUILDING OR USE
PRIVATE SWIMMING POOL
PUBLIC AREA
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUORUM
RADIOACTIVE MATERIAL
RATE OF LOCAL RUNOFF
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
SEDIMENTATION
SEDIMENT BASIN
SERVICE STATION, AUTOMOTIVE
SETBACK, FRONT
SETBACK LINE
SIGN
SIGN, ADVERTISING
SIGN AREA
SIGN, BUSINESS
SIGN, EXEMPT
SIGN, FLASHING
SITE
SITE PLAN
SOIL
SOIL CONSERVATION DISTRICT
SOLAR ACCESS
SOLAR ENERGY SYSTEM
STANDARDS OF PERFORMANCE
STORE, RETAIL
STORE, WHOLESALE DISPLAY
STORY
STORY, HALF
STREAM ENCROACHMENT PERMIT
STREET
STRIPPING
STRUCTURE
SUBDIVISION
SUBDIVISION COMMITTEE
TOWNHOUSE
TRAILER
USE
(1)Â
(2)Â
(3)Â
USE, ACCESSORY
UTILITY SHED
VARIANCE
WAREHOUSE
WATER-CARRYING CAPACITY
YARD
YARD FRONTAGE
YARD, REAR
YARD, SIDE
ZONING PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
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]
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]
Minor ways which are used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
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.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
The Planning Board of the Borough of Stanhope.
[Amended 5-28-2002 by Ord. No. 2002-5]
Those streets which are used primarily for fast or heavy
traffic.
A room having a floor more than three feet below the average
elevation of ground at the foundation wall.[1]
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]
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.
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.
The vertical distance from the average ground elevation around
the foundation to the highest point of the roof surface.
The total impervious surface area on said building lot.
A governmental acquisition of real property or major construction
project.
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]
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.
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.
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.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons jointly.
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.
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.
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]
Development other than planned development.
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.
The Planning Board of the County of Sussex.
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]
Calendar days.
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.
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.
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][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.
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.
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.
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.
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.
External dish antennas shall not be placed on
any lot which does not contain a permitted principal structure.
A ground-mounted dish antenna may be installed
only in the rear area of any property.
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.
No dish antenna mounted on any building shall
exceed eight feet in height or width.
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.
In commercial or industrial zones, the following
additional or superseding conditions apply:
Site plan application and approval shall be
required.
No satellite dish antenna shall be permitted
on any property or structure located in any historical zone.
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.
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.
In addition to its regularly accepted common meaning, any
lane, way, field entrance or privately owned road.
A building containing three or more dwelling units.
A detached building containing one unit designed for occupancy
by one family.
A building containing two dwelling units.
The Environmental Commission of the Borough of Stanhope.
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.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
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.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
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.
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.
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.
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.
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.
That portion of the flood hazard area outside of the floodway.
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.
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
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.
A unit for measuring illumination equaling the amount of
light per unit area, lumens per equal foot.
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.
A principal building in which a business involving one or
more of the following is conducted or rendered:
New and used motor vehicle sales and rental.
The sale of motor fuels and motor vehicle parts.
Body repair, major engine repair and motor vehicle
maintenance operations, including the installation of tires, mufflers,
brakes, seat covers and similar parts.
Automatic car wash operations, but not including
coin-operated washing mechanisms or the washing of motor vehicles
by customers.
The Mayor and Council of the Borough of Stanhope.
That water beneath the land surface which is below the water
table and is termed phreatic water.
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]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]
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.
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]
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.
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.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality,
including improvements and fixtures.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
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.
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]
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.
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]
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.
The length of the front line measured at the street right-of-way.
[Added 6-30-1987 by Ord. No. 1987-8]
Any boundary line of a lot.
The dividing line between the lot and a street right-of-way.
[Added 6-30-1987 by Ord. No. 1987-8]
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.
A unit of light quantity.
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.
Any subdivision not classified as a minor subdivision.
Streets which are parallel to and adjacent to arterial streets
and highways and which provide access to abutting properties and protection
from through traffic.
The Master Plan of the Borough of Stanhope.
Those streets which are used primarily for access to the
abutting properties.
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.
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.
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]
The Borough of Stanhope.
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.
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.
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.
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]
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.
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.
The Official Map of the Borough of Stanhope.
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.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any 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.
[Added 5-22-2012 by Ord. No. 2012-08]
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.
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.
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.
A common wall between individual dwelling units.
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.
A certificate issued to perform work under this chapter.
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.
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 unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
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.
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.
The Municipal Planning Board established by the Borough of
Stanhope.
A map or maps of a subdivision or site plan.
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.
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.
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]
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.
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.
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.
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.
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]
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
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.
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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.
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.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
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.
Shall be measured from the right-of-way 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.
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.
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.
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.
The direct attention to an individual, business, product,
commodity or service sold, leased or offered on the premises where
the sign is located.
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.
Includes signs with illumination which are not maintained
at a constant intensity at all times.
Any plot, parcel or parcels of land.
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.
All unconsolidated mineral and organic material of any origin.
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.
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]
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]
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.
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
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.
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.
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.
A permit issued by the department under the provisions of
N.J.S.A. 58:1-26.
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.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surfaces, including clearing and grubbing operations.
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.
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."
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.
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.
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.
Any purpose for which a building or other structure
or a tract of land may be designed, arranged, intended, maintained
or occupied.
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.
To convert one's service.
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.
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]
To depart from the lateral requirements of the development
regulations.
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.
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.
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.
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.
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.
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.
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.Â
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.Â
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.Â
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.Â
The Borough agency shall hold a hearing on each application
for development or adoption, revision or amendment of the Master Plan.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Each decision on any application for development shall
be in writing and shall include findings of fact and conclusions based
thereon.
H.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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]