Borough of Old Tappan, NJ General Provisions

Certain words and terms in this chapter are to be given the following meanings:

The person with whom applications for development are filed pursuant to this chapter. The administrative officer of the Planning Board shall be the Clerk to the Planning Board.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval for subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit for construction within the bed of a mapped street or for construction of a structure not having access or not related to a street.

CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND

A certificate issued by the proper administrative officer of the Borough certifying:

(1)

That there is in the Borough a duly established Planning Board.

(2)

That there is in the Borough an ordinance controlling the subdivision of land.

(3)

Whether a subdivision has been approved by the Planning Board for the land designated in the application for such certificate, and if so, the date of such approval and any extensions and terms thereof.

COMMON OPEN SPACE

An open space within or related to a residential cluster development, and designed and intended for the use and enjoyment of residents and owners of the development.

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 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 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, for which permission may be required pursuant to this chapter.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, including 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.

DRAINAGEWAY

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 N.J.S.A. 58:1-34.

INTERESTED PARTY

(1)

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

(2)

In an administrative proceeding before a municipal agency, any person, whether residing within or without the Borough, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter, or under any law of this state or of the United States have been denied, violated or infringed by an action or a failure to act hereunder.

LOADING SPACE

Any off-street space available for the loading or unloading of goods and having direct usable access to the street or alley.

LOT

A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds for the purpose of sale, lease or separate use.

LOT AREA

The area of a lot expressed in square feet or acres. Any portion of a lot included in a street shall not be included in calculating lot area. However, any portion of a lot or lots dedicated to the Borough for other public use shall not be deducted from the calculation of the lot area.

MAINTENANCE GUARANTEE

Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.

MINOR SUBDIVISION

Any subdivision that does not involve:

(1)

The creation of more than three lots.

(2)

A planned development.

(3)

Any new street.

(4)

Extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

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 contiguous portion of a street right-of-way.

OFF TRACT

Not located on the property which is the subject of a development application nor 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 in connection with a residential cluster development 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.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.

PARKING SPACE

An off-street space available for the parking of a motor vehicle, provided that such space shall have a minimum width of ten feet and a minimum depth of 20 feet, exclusive of maneuvering areas, passageways, driveways and loading spaces appurtenant thereto.

PARTY IMMEDIATELY CONCERNED

Any applicant for development, the owners of a subject property and all owners of property and government agencies entitled to notice under this chapter.

PERFORMANCE GUARANTEE

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 guarantee in cash.

PERMIT, BUILDING

A certificate issued by the Building Inspector for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted application and plans.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued by the Building Inspector upon completion of the construction of a new building or addition, or upon a change in the occupancy of a building, other than a dwelling unit as defined in this chapter which certifies that all requirements of this chapter, or such adjustment therefrom which has been granted by the Zoning Board of Adjustment, have been met and that the purpose for which a building or land is to be in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.

PLANNING BOARD

The Planning Board of the Borough of Old Tappan.

PLAT

The map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL

Rights conferred pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and applicant.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 218-25 of this chapter.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan approved by the Planning Board, containing single-family detached dwelling units which have common open space as appurtenances.

RETAINING WALL

A structure designed for the separation of varying ground levels.

SITE PLAN

A development plan of one or more lots on which is shown:

(1)

The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways.

(2)

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, screening devices.

(3)

Any other information required by this chapter that may be reasonably required in order to make an informed determination pursuant to this chapter.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way on a plat duly filed and recorded in the office of the county recording office prior to the appointment of a Planning 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

(1)

Arterial streets are those which are used primarily for fast or heavy traffic.

(2)

Collector streets are those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and the streets for circulation within such a development.

(3)

Minor streets are those which are primarily for access to the abutting properties.

(4)

Marginal access streets are streets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5)

Alleys are minor ways which are used primarily for vehicular service access to back or side of properties or otherwise abutting on a street.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself/herself or for another.

SUBDIVISION

The division of a lot, tract 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:

(1)

Divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairperson, to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(2)

Divisions of property by testamentary or intestate provisions.

(3)

Divisions of property upon court order, including, but not limited to, judgments of foreclosure.

(4)

Consolidation of existing lots by deed or other recorded instruments.

(5)

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 Chapter 255, Zoning, and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Borough.

The term "subdivision" shall also include the term "resubdivision." TRANSCRIPT

A typed or printed verbatim report of the proceedings, or reproduction thereof.

USE

(1)

The noun "use" shall include the actual or intended occupancy or other employment of land or of a structure.

(2)

The verb "use" includes the phrase "or designed, intended or arranged to be used."

Whenever in the administration of this chapter it shall be necessary or desirable to define a term that has not hereinbefore been defined, reference shall be made to the definition (if any) of such term in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.; the State Uniform Construction Code Act and regulations promulgated thereunder; N.J.S.A. 40:27-6.1; N.J.S.A. 58:16A-50 et seq.; the Code of the Borough of Old Tappan; and the State of New Jersey Revised Statutes, Cumulative Supplement and New Jersey Statutes.