As used in this chapter, the following terms shall
have the meanings indicated:
ADMINISTRATIVE OFFICER
The Secretary of the Woodcliff Lake Planning Board for any
application before the Planning Board and the Secretary to the Woodcliff
Lake Board of Adjustment for any application before the Board of Adjustment.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit when provided for by statute, ordinance or regulation.
APPROVING AUTHORITY
The Woodcliff Lake Planning Board or the Woodcliff Lake Board of Adjustment, as the case may be, as hereinafter provided in Article
III.
BOARD
The Woodcliff Lake Planning Board.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate to the use or enjoyment of residents and owners of
the development.
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the approving authority 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 approving authority 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 approving authority
and shall be deemed complete as of the date it is so certified by
the administrative officer for purposes of the commencement of the
time period for action by the approving authority.
[Added 2-18-1980 by Ord. No. 80-3]
CONDITIONAL USE
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
380, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
COUNTY MASTER PLAN
A composite of the master plan for the physical development
of Bergen County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the Bergen County Planning Board
pursuant to N.J.S.A. 40:27-2 and 40:27-4.
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 of which permission may be required by statute, ordinance or
regulation.
DRAINAGE
The removal of surface water or underground water from land
by drains, grading or other means, and includes control or runoff
to minimize erosion and sedimentation during and after construction
or development and the means necessary for water supply preservation
or the prevention or alleviation of flooding.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
FINAL APPROVAL
The official action of the approving authority taken on a
preliminary approved 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.
GOVERNING BODY
The Mayor and Council of the Borough of Woodcliff Lake.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and which has so been designated.
INTERESTED PARTY
Any person, whether residing within or without the municipality,
whose right to use, acquire or enjoy property under this chapter or
any law of this state or of the United States has been denied, violated
or infringed upon by an action or failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the
surface.
LOT
A designated parcel, plot, 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.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
MASTER PLAN
The composite of one or more written or graphic proposals
for the development of the Borough of Woodcliff Lake by the Woodcliff
Lake Planning Board pursuant to the Municipal Land Use Law (N.J.S.A.
40:55D-28).
OFFICE BUILDING
Under the provisions of the Municipal Land Use Law pertaining
to physically handicapped persons, an "office building" shall mean
a building or structure of more than 10,000 square feet of gross floor
area wherein a commercial or building activity or service is performed
or a profession is practiced or wherein any combination thereof is
performed or practiced in all or the majority of such building or
structure.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established from time to time by resolution of the Bergen County Board
of Chosen Freeholders pursuant to the provisions of N.J.S.A. 40:27-5.
OFFICIAL MAP
The map adopted by ordinance of the Woodcliff Lake Mayor
and Council pursuant to the provisions of N.J.S.A. 40:55D-32 et seq.
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
matter of a development application or the contiguous portion of a
street or 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 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.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under the provisions of N.J.S.A. 40:55D-12.
PERFECTED APPLICATION
One that is submitted in a proper and complete form, including
all required application forms and maps, all required fees submitted
and filed within the appropriate time schedules, proof submitted that
no taxes or assessments for local improvements are due or delinquent
on the property for which approval is sought and other municipal reviews
and governmental approvals as required.
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.
PERSON
Any individual, firm, association, partnership, corporation,
syndicate, copartnership, trust or other legal entity.
PHYSICAL HANDICAP
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.
PLANNED UNIT DEVELOPMENT
When permitted by ordinance or variance, 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 or planned residential developments 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
380, Zoning.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
When permitted by ordinance or variance, 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.
PLAT
A map or maps of subdivision or site plan.
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of design of a project illustrating in a schematic form its
scope, scale and relationship to its site and immediate environs.
PUBLIC BUILDING
Under the provisions of the Municipal Land Use Law pertaining
to physically handicapped persons, "public building" shall mean 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 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"
shall mean 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.
PUBLIC DRAINAGEWAY
Land reserved or dedicated for installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for flow of water to safeguard
the public against flood damage, sedimentation and erosion.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SIGHT TRIANGLE
(1)
A triangular-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 2 1/2 feet
above the center-line grade of the street or driveway.
(2)
The municipality shall have the right of entry
to remove any obstruction to vision within a sight easement area not
conforming to the standards of this definition, following due notice
to the property owner.
(3)
Said triangle shall be determined along such
street lines or edge of driveway 30 feet distant from their joint
intersection.
SITE PLAN
A development plan of one or more lots in which is shown:
(1)
The existing or 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,
driveways, parking spaces, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, structures and
signs, lighting and screening devices; and
(3)
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by the Municipal
Land Use Law or which is shown on a plat duly filed and recorded in
the Bergen County Clerk's office 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.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SUBDIVISION
[Amended 2-18-1980 by Ord. No. 80-3]
(1)
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:
(a)
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.
(b)
Divisions of land by testamentary or interstate
provisions.
(c)
Divisions of land upon court order, including
but not limited to judgments of foreclosure.
(d)
Consolidation of existing lots by deed or other
recorded instrument.
(e)
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 municipality.
(2)
The term "subdivision" shall also include the
term "resubdivision."
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 2-18-1980 by Ord. No. 80-3]