Certain words and terms in this chapter are
to be given the following meanings:
The following individuals shall be designated as administrative
officers as permitted by and pursuant to N.J.S.A. 40:55D-3: the Township’s
Construction Code Official, Township Engineer, Township Zoning Officer,
Planning Board Secretary and the Secretary to the Board of Adjustment.
[Amended 1-15-2013 by Ord. No. 1706]
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter, the Land Use Procedures Ordinance of the Township
of Wyckoff[1] and the rules and regulations of the Board for approval
of a subdivision plat, site plan, plan development, conditional use,
zoning variance or direction for the issuance of a construction permit
pursuant to the Municipal Land Use Act.[2]
A person licensed to engage in the practice of professional
architecture by the State of New Jersey pursuant to N.J.S.A. 45:3-1.
The Board of Adjustment or the Planning Board when either
one is authorized to act by the Municipal Land Use Law, the Land Use
Procedures Ordinance of the Township of Wyckoff[3] or this chapter.
The Board of Adjustment of the Township of Wyckoff.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A certificate issued by the Construction Official of the
Township of Wyckoff indicating that the construction authorized by
construction permit has been completed in accordance with the construction
permit, the applicable section of the State Uniform Construction Code,
and any ordinance implementing said code.
[Added 10-2-2001 by Ord. No. 1400]
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A development of single-family detached residences in which
the density of the total development is the same as that otherwise
permitted in the zone, but in which the areas of the individual lots
are reduced and the resulting excess land is permanently set aside
for park, recreation or open space as provided in Section 701.7 of
the Zoning Ordinance.[4]
[Added 1-16-1979 by Ord. No. 791]
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.
[Added 11-6-1978 by Ord. No. 784]
An application for development shall be deemed complete for the purposes of this chapter when the applicant has complied with the requirements for completeness of applications as contained in Chapter 46 of the Code of the Township of Wyckoff, Land Use Procedures, § 46-40, and has complied with the filing requirements for major or minor subdivision or site plan approval as required in this Subdivision and Site Plan Review chapter.
[Amended 2-5-1980 by Ord. No. 816; 7-2-1985 by Ord. No.
960]
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,
or 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
or the Municipal Land Use Law.[5]
[Amended 11-6-1978 by Ord. No. 784]
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 N.J.S.A.
58:1-1 to 58:1-34.
A person licensed to engage in the practice of professional
engineering by the State of New Jersey pursuant to N.J.S.A. 45:3-1.
The official action of the 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, and entering into a developer's agreement, if
required.
A nonprofit corporation or organization of the State of New
Jersey established for the ownership and maintenance of any common
open space, the members of which shall be every property owner in
the senior citizen residential cluster development.
[Added 11-6-1978 by Ord. No. 784]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In an administrative proceeding before a Township
agency, any person, whether residing within or without the Township,
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.
Any off-street space available for the loading or unloading
of goods and having direct usable access to the street or alley.
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.
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
Township for other public use shall not be deducted from the calculation
of the "lot area."
Any security, other than cash, which may be accepted by the
Township 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 Township as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[6]
A development plan of not more than one lot conforming to
the requirements of the Wyckoff Zoning Ordinance,[7] having a maximum land area of 20,000 square feet, a maximum
land coverage for principal building of 15,000 square feet, an off-street
parking requirement of not more than 12 spaces, not contiguous to
any residence district and not involving any variance, planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of the Municipal Land Use Act.[8] An application for fence construction in nonresidential
zones and for fence construction in front yards in residence zones
shall constitute a "minor site plan."
[Added 2-5-1980 by Ord. No. 816; amended 3-6-1984 by Ord. No.
918]
Any subdivision containing not more than three lots fronting
on an existing improved and accepted street, not involving any new
street or road or the extension of municipal facilities, not adversely
affecting the development of the remainder of the parcel or adjoining
land and not in conflict with any provision or portion of the Master
Plan, Official Map, Zoning Ordinance[9] or this chapter. Any subdivision containing land which
was included within a "minor subdivision" within two years shall not
be eligible for classification as a "minor subdivision" unless the
Planning Board finds that special circumstances exist justifying classification
of the land as such because of peculiar conditions pertaining to the
land, undue hardship or impracticability.
Chapter 291 of the Public Laws of the State of New Jersey
of 1975 and all amendments and supplements thereto.
Located outside the lot lines of the lot in question but
within the parcel of land (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.
Not located on the parcel of land 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 parcel of land which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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.
Any applicant for development, the owners of the subject
land and all owners of land and government agencies entitled to notice
under this chapter.
Any security which may be accepted by the Township, including
cash, provided that the Township shall not require more than 10% of
the total performance guaranty in cash.
A certificate issued by the Uniform Construction Code Department
of the Township of Wyckoff 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 referred to in this chapter)
which certifies that all requirements of this chapter, the construction
permit, the Uniform Construction Code[10] and all other applicable laws and ordinances have been
met and that the purpose for which a building or land is to be used
is 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.
A construction permit issued by the Uniform Construction
Code Department of the Township of Wyckoff for the construction, reconstruction,
remodeling, alteration or repair of a building upon approval of the
submitted application and plans.
A person licensed to engage in the practice of professional
planning by the State of New Jersey pursuant to N.J.S.A. 45:14A-1
et seq.
The Planning Board of the Township of Wyckoff.
The map or maps of a subdivision or site plan.
Rights conferred pursuant to this chapter prior to final
approval after a complete application has been submitted, approved
and the requirements established by the Planning Board have been satisfied.
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 Article VI of this chapter.
A structure designed for the separation of varying ground
levels.
A development exclusively for senior citizen housing, in
which development the permitted residential density is increased and
the lot area and/or dimension requirements are reduced and the resulting
excess land is permanently set aside for common open space.
[Added 11-6-1978 by Ord. No. 784]
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,
screening devices; and any other information required by this chapter
that may be reasonably required in order to make an informed determination
pursuant to this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article VI of this chapter.
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 shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
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, sidewalks, parking areas and
other areas within the street lines. 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 and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
A combination of materials to form a construction for use,
ornamentation or occupancy that is safe and stable, whether installed
on, above or below the surface of a parcel of land, and shall include,
but not be limited to, among other things, stadiums, platforms, sheds,
storage bins, fences, display signs, parking lots and seepage pits,
and above or below the ground tanks used for any purpose.
[Added 11-20-2000 by Ord. No. 1362]
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
or for another.
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 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 development regulations of the Township of Wyckoff[11] and are shown and designated as separate lots, tracts
or parcels on the Tax Map or atlas of the Township of Wyckoff. The
term "subdivision" shall also include the term "resubdivision."
[Amended 2-5-1980 by Ord. No. 816]
A permit issued by the Zoning Officer of the Township of
Wyckoff which indicates that a nonresidentially used or zoned property
or a residentially zoned property where the applicant proposes to
expand the existing footprint or the existing height of any portion
of the building or structure is in compliance with the provisions
of the Zoning Code[12] of the Township of Wyckoff or variance therefrom duly
authorized by the Zoning Board of Adjustment or the Planning Board,
as the case may be, with respect to use(s), building(s), structure(s),
parking, lot requirements, performance standards or any other requirements
of the municipal zoning ordinance.
