Certain words, phrases and terms in this chapter
are defined for the purpose thereof as follows:
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
A developer submitting an application for development.
An area bounded by three or more streets or as delineated
on the current Tax Map.
The Borough of Oaklyn Board of Education.
The Borough Clerk of the Borough of Oaklyn.
The Borough Engineer of the Borough of Oaklyn.
That zone as prescribed by the Planning Board of the Borough
of Oaklyn which shall separate a residential zone or a residential
use from a street or a commercial or industrial use or zone by the
planting of trees or shrubbery to such a height and density so as
to restrict a clear view beyond said use or zone.
[Amended 8-13-1991 by Ord. No. 7-91]
The Building Inspector of the Borough of Oaklyn.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the building line.
That part of the street located between the curbs.
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.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance[1] and upon the issuance of an authorization therefor by
the Planning Board.
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 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 mining, 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.
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 means necessary for water supply preservation or prevention or
alleviation of flooding.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
Any lands consisting of wetlands, floodplains or lands having
slopes steeper than 15%.
[Added 8-13-1991 by Ord. No. 7-91]
The official action of the Planning Board 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 areas of delineated streams determined by the New Jersey
Department of Environmental Protection to be flood hazard areas and
areas inundated by the one-hundred-year flood in nondelineated areas.
[Added 8-13-1991 by Ord. No. 7-91]
The Mayor and members of the Borough Council of the Borough
of Oaklyn.
Includes improvements and fixtures on, above or below the
surface.
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 security, other than cash, which may be accepted by a municipality
for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[2]
A development plan for one or more lots which:
[Added 8-13-1991 by Ord. No. 7-91]
Does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to N.J.S.A. 40:55D-42;
Contains the information required by Article VIII of this chapter; and
Meets the following criteria:
There shall be no additions in curb cuts.
Any paving increase is not more than 10% of
the existing area.
The site shall be surrounded by the similar
or more intense land uses.
Additions to an existing building shall be less
than 25% of the total usable floor area of the existing building,
and the addition shall not exceed 1,000 square feet.
There shall be a disturbance of less than 5,000
square feet of ground area.
Any subdivision resulting in not more than four lots, provided
that such a subdivision does not involve a planned development, any
new street or the extension of an off-tract improvement, the cost
of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and not
adversely affecting the development of the remainder of the parcel
or adjoining property and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance[3] or this chapter. If any adjacent or contiguous parcel
of land held in one ownership is subdivided to result in more than
four lots within a period of three calendar years, it will be classified
as a major subdivision.
[Amended 8-13-1991 by Ord. No. 7-91]
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 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.
Any space utilized for the parking of motor vehicles, including
both the parking spaces and the driveways, aisles, turnarounds, loading
areas and open space used to provide access to parking spaces or to
control traffic within a parking lot, except the access drive connecting
a parking lot and public right-of-way and within which no parking
maneuver could occur.
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash.
The Planning Board of the Borough of Oaklyn.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Municipal Land Use Act prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
The land occupied or intended to be occupied by a street
crosswalk, railroad, road, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main or for another
special use.
A development plan for one or more lots on which is shown the information required by Article VIII of this chapter.
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 act, or
which is shown on a plat duly filed and recorded in the office of
the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. Streets within the
Borough of Oaklyn shall be classified as follows:
ARTERIAL STREETAny state or county highway or any municipal street linking one section of the Borough with another section of the Borough or an adjoining municipality.
COLLECTOR STREETA street located within a development or neighborhood which links the minor streets within that development or neighborhood with the arterial street system.
MARGINAL ACCESS STREETA street designed to provide access to a minor street or to property.
The division of a lot, track or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered 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, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map of the municipality.
The term "subdivision" shall also include the term "resubdivision."
[Amended 8-13-1991 by Ord. No. 7-91]
Artificial means, such as pipes or other conduits, constructed
to collect and disperse subsurface groundwater.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
of the Municipal Land Use Act.[5]
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation," provided that in designating a wetland the three-parameter
approach (i.e., hydrology, soils and vegetation) enumerated in the
Wetlands Identification and Delineation Manual developed by the United
States Environmental Protection Agency and any amendments thereto
shall be used. The determination and delineation of a wetland shall
be performed by the appropriate qualified persons and verified by
the New Jersey Department of Environmental Protection.
[Added 8-13-1991 by Ord. No. 7-91]
An area of land adjacent to a wetland, which minimizes adverse
impact on the wetlands or serves as an integral component of the ecosystem.
The width of the wetlands transition area shall be determined by the
New Jersey Department of Environmental Protection.
[Added 8-13-1991 by Ord. No. 7-91]
The Zoning Ordinance of the Borough of Oaklyn.[6]
