Unless the context otherwise indicates, the
following definitions shall be used in the interpretation and construction
of this chapter. Words used in the present tense include the future;
the singular number shall include the plural, and the plural the singular;
the word "structure" shall include the word "building"; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot"; the word "occupied" includes the words "designed
or intended to be occupied"; the word "used" shall include the words
"arranged, designed, constructed, altered, converted, rented, leased
or intended to be used"; the word "shall" is mandatory and not optional;
and the word "may" is permissive.
As used in this chapter, the following words
shall have the meanings indicated:
The administrative clerk for any application before the Planning
Board and the Board of Adjustment of Park Ridge.
A developer submitting an application for development. 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 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 law.
The Planning Board of Park Ridge or the Park Ridge Board of Adjustment, as the case may be, as provided in Article III.
A combination of materials to form a construction adopted
to permanent, temporary or continuous occupancy and having a roof.
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.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the municipal agency.
[Added 11-10-1980 by Ord. No. 80-10]
A use permitted in a particular zoning district only upon 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 Chapter 101, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
Development other than planned development.
The number of calendar days for the purpose of this chapter.
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.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
[Amended 5-10-1983 by Ord. No. 83-5]
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.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
An area of land which is actively devoted to agriculture
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse, as
provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54.4-23.5 and 54:4-23.11.
The official action of the approving authority taken on a
preliminary-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, which, in the case of subdivision, shall be filed
with the proper county recording officer.
The Mayor and Borough Council of the Borough of Park Ridge.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated.
For the purpose of this chapter, any person, whether residing
within or without the Borough of Park Ridge, whose right to use, acquire
or enjoy property is or may be affected by any action taken under
this chapter or whose right to use, acquire or enjoy property under
this chapter or under any other law of this state or the United States
has been denied, violated or infringed upon by an action or a failure
to act under this chapter.
Includes the improvements and fixtures on, above or below
the surface.
[Added 5-10-1983 by Ord. No. 83-5]
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.
Security, other than cash, which may be accepted by Park
Ridge 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 Park Ridge, which shall have been duly adopted
by the Park Ridge Planning Board.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; 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; and contains the informed
determination as to whether the requirements established by ordinance
for approval of a minor site plan have been met.
[Added 11-10-1980 by Ord. No. 80-10]
A subdivision of land for the creation of three or fewer
lots, provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
[Amended 11-10-1980 by Ord. No. 80-10]
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of Chapter 101, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added 5-10-1983 by Ord. No. 83-5]
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of Chapter 101, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added 5-10-1983 by Ord. No. 83-5]
A use or activity which was lawful prior to the adoption, revision or amendment of Chapter 101, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added 5-10-1983 by Ord. No. 83-5]
Under the provisions of Chapter 220 of the Laws of 1975[1] pertaining to physically handicapped persons, an "office
building" means a building or structure of more than 10,000 square
feet of gross floor area wherein commercial or business activity or
service is performed or a profession is practiced in all or the majority
of such building or structure.
A map and accompanying ordinance adopted by the governing
body of Park Ridge pursuant to law. Such a map shall be deemed to
be conclusive with respect to the location and width of streets and
public drainageways and the location and extent of flood control basins
and public areas, whether or not such streets, ways, basins or areas
are improved or unimproved or are in actual physical existence.
Located outside the lot lines of the lot in question but
within the property, of which the lot is part, which is the subject
of a development application or contiguous portion of a street or
right-of-way.
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.
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, designed 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 applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice.
For the purpose of this chapter, a "perfected application"
shall be one that is submitted in a proper and complete form, including
all required application forms, maps and reviews, prior to scheduling
of a public hearing, where required, or formal action being taken
by the approving authority; all required fees are submitted and filed
within the appropriate time schedules; proof that no taxes or assessments
for local improvements are due or delinquent on the property for which
approval is sought; and all other governmental approvals are received
by the approving authority.
Any security which may be accepted by Park Ridge Borough,
including cash, provided that the Borough shall not require more than
10% of the total performance guaranty in cash.
A physical impairment which confines a person to a wheelchair;
causes a person to walk with difficulty or insecurity; affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger; causes faulty coordination;
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed for the safety of that person.
The provisions for development of a planned development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, public or private streets, ways and parking facilities,
open space and public facilities. The phase "provisions of the plan"
when used in this chapter shall mean the written and graphic materials
referred to in this definition.
An area of a minimum contiguous size as specified in Chapter 101, Zoning, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both.
Includes planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous size as specified in Chapter 101, Zoning, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses.
An area with a specified minimum contiguous acreage 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.
An area with a specific minimum contiguous acreage to be developed as a single entity, according to a plan, containing one or more residential clusters or planned residential development and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter 101, Zoning.
A map or maps of a subdivision or site plan pursuant to the
provisions of this chapter.
The conferral of certain rights pursuant to this chapter,
prior to final approval, after specific elements of a development
plan have been agreed upon by the approving authority 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.
Include public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces; scenic and historic
sites; and sites for schools and other public buildings and structures.
Under the provisions of Chapter 220 of the Laws of 1975[2] pertaining to physically handicapped persons, "public
building" means any building, structure, facility or complex used
by the general public, including but not limited to theaters, concert
halls, auditoriums, museums, schools, libraries, recreational facilities,
public transportation terminals and stations, factories, office buildings,
business establishments, passenger vehicle service stations, shopping
centers, hotels or motels and public eating places, constructed by
any state, county or municipal government agency or instrumentality
or any private individual, partnership, association or corporation,
with the following exceptions: one- to four-family private residences,
warehouse storage areas and all buildings classified as hazardous
occupancies. As used herein, "hazardous occupancy" means the occupancy
or use of a building or structure or any portion thereof that involves
highly combustible, highly flammable or explosive material, or which
has inherent characteristics that constitute a special fire hazard.
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 biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
[Amended 5-10-1983 by Ord. No. 83-5]
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
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 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 conveyances 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 triangle-shaped easement established at the intersection
of two streets or a driveway and a street in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
obstruct vision between a height of two feet six inches above the
center line grade of the street or driveway. The Borough shall have
the right of entry to remove any obstruction to vision within the
sight area not conforming to the standards of this definition, following
due notice to the property owner. Said triangle shall be determined
along such street lot lines or edge of driveway 25 feet distant from
their joint intersection.
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.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
The sketch map of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of § 87-9 herein.
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 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 pavements, shoulders, gutters, curbs, sidewalks,
parking area and other areas within the street. For the purpose of
this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose 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.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
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.
[Amended 11-10-1980 by Ord. No. 80-10]
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:
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 or foreclosure.
Consolidations of existing lots by deed or other
recorded instrument.
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 or Atlas of the Borough.
Where a conveyance occurs between the Borough
of Park Ridge and any other person or entity and such conveyance is
being made either pursuant to N.J.S.A. 40A:12-1, Local Lands and Buildings
Law, or N.J.S.A. 40A:12a-1, the Local Redevelopment and Housing Law,
such conveyance of a parcel or parcels or parts thereof shall not
be considered a subdivision within the meaning of this chapter and
shall be exempt from subdivision approval.
[Added 2-9-1999 by Ord. No. 99-1]
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 performing such
other duties relating to land subdivision as may be conferred on the
Committee by the Board.
A typed or printed verbatim record of the proceedings, or
reproduction thereof.
[Added 11-10-1980 by Ord. No. 80-10]
