The purpose of this chapter is to establish
standards and procedures governing applications for development so
as to reflect an implementation of the Municipal Land Use Law, so
as to appropriate use and development of all lands within the borough
and as related to the region of which the borough is part in conjunction
with a Master Plan so as to promote the public health, safety, morals
and general welfare; to secure safety from fire, flood, panic and
other natural and man-made disasters; to provide adequate light, air
and open space; to ensure that all of the purposes as set forth in
the Act[1] be carried out and implemented now and in the future when
and in such cases as the borough deems it appropriate.
[1]
Editor's Note: "The Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
A.
Word usage. The term "shall" indicates a mandatory
requirement, and the term "may" indicates a permissive action.
B.
ADMINISTRATIVE OFFICER
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BUILDING
CAPITAL IMPROVEMENT
CIRCULATION
COMMON OPEN SPACE
COMPLETE APPLICATION
CONDITIONAL USE
CONVENTIONAL
COUNTY MASTER PLAN
DAYS
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DIVISION
DRAINAGE
ENVIRONMENTAL COMMISSION
EROSION
FILING DATE
FINAL APPROVAL
FINAL PLAT
HISTORIC SITE
INTERESTED PARTY
LAND
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PERFORMANCE GUARANTY
PRELIMINARY APPROVAL
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUORUM
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
SEDIMENTATION
SITE PLAN
SITE PLAN EXEMPTION
SITE PLAN REVIEW
STREET
STRUCTURE
SUBDIVISION
ZONING PERMIT
Definitions. For the purposes of this chapter, unless
the context clearly indicates a different meaning, the following terms
shall have the meanings indicated:
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.
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 the terms of this chapter.
The Planning Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Municipal Land Use Law.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railroads, 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.
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.
The application shall be deemed complete upon certification
thereof by the administrative officer or Secretary of the Board having
jurisdiction thereover. Said certification will be in written form
and shall commence the running of any time period applicable to said
application or submission.
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 and upon the issuance of an authorization
therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
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, for which permission may be required pursuant to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to this chapter.
The Division of State and Regional Planning in the Department
of Community Affairs.
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 alleviation of flooding.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
That time at which the application is a complete application
as hereinabove defined.
The official action of the Planning Board 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.
The final map of all or a portion of the subdivision which
is presented for final approval in accordance with these regulations
and which, if approved, shall be filed with the proper county recording
officer.
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 pursuant
to the Act.[1]
In an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this Act[2] or whose rights to use, acquire or enjoy property under
this Act, or under any other laws of this state or of the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
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.
Any 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 municipality as set forth in and adopted pursuant
to the Municipal Land Use Law and N.J.S.A. 40:55D-28 thereof.
A subdivision of land that does not involve the creation
of more than four lots; planned development; any new street; or extension
of any off-tract improvement.
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.
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 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 security which may be accepted by a municipality, including
cash, provided that the borough shall not require more than 10% of
the total performance guaranty in cash.
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 Planning Board and the applicant.
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.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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 channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation
and erosion.
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.
The majority of the full authorized membership of a municipal
agency.
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 number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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 or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
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; and any other information that may be reasonably
required in order to make an informed determination pursuant to the
ordinance requiring review and approval of site plans by the Planning
Board.[3]
Shall apply to a one- or two-family detached dwelling; the
reoccupancy of any residential dwelling or dwelling unit or apartment
unit; and the use or reoccupancy of any other and, building or structure
without a change of use or a substantial alteration or reconstruction
thereof.
A development review procedure required prior to the issuance
of any building permit or certificate of occupancy for any use, occupancy
or reoccupancy or for the construction, reconstruction, enlargement,
improvement or alteration of any land, building, structure, recreational
facility, roadway or parking area, except as provided under site plan
exemption.
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,[4] 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 included 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.
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.
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; and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
A document signed by the administrative officer, which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the Municipal Zoning Ordinance or variance therefrom duly authorized
by the municipal agency pursuant to this chapter.
