This chapter shall be known as the "Subdivision
and Site Plan Ordinance of the Borough of Harrington Park."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and the development
of land in the Borough in order to promote its public health, safety,
convenience and general welfare. It shall be administered to ensure
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
As authorized by N.J.S.A. 40:55D-37, the provisions
of this chapter shall be administered by the Planning Board; provided,
however, that whenever, pursuant to law or ordinance, the Zoning Board
of Adjustment has jurisdiction to grant site plan or subdivision approval,
then the applicable provisions of this chapter shall be administered
by the Zoning Board of Adjustment.
This chapter shall not be construed to repeal
the Zoning Ordinance[1] or any part thereof. All other ordinances which are inconsistent
with the provisions of this chapter shall be deemed superseded.
For the purpose of this chapter, the terms used
herein are defined as follows:
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Zoning
Board of Adjustment shall be the Clerk to the Zoning Board of Adjustment.
The administrative officer for the Planning Board shall be the Clerk
to the Planning Board.
An action of the Planning Board or Zoning Board of Adjustment,
as applicable, that amends the subject, terms and/or conditions of
a prior approval and which occurs prior to the issuance of a certificate
of occupancy, certificate of continued occupancy, the filing of a
subdivision plat or deed with the county recording officer, or any
other perfection of such prior approval. Amended approval is by resolution
of the Board and involves only minor modifications from the original
application. Applications that, in the opinion of the reviewing board,
deviate substantially from the initial application are not properly
the subject of amended approval; rather, such applications are to
be considered new applications and are subject to the same requirements
for approval as if there had been no prior approval.
[Added 4-18-2011 by Ord.
No. 658]
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, 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.
A certificate issued by the proper administrative officer
of the Borough certifying:
That there is in the Borough a duly established
Planning Board.
That there is in the Borough an ordinance controlling
the subdivision of land.
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.
A certificate issued by the Construction Code Official 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 Chapter 350, Zoning, which certificate certifies that all requirements of Chapter 350, Zoning, 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 used is in conformance with the uses required under Chapter 350, Zoning, for the zone in which it is located or is to be located.[1]
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Planning
Board and meeting the requirements of this chapter.
[Added 4-18-2011 by Ord.
No. 658]
A qualified person appointed by the Borough Council pursuant
to the Uniform Construction Code, N.J.A.C. 5:23, to enforce and administer
the regulations within the jurisdiction of the enforcing agency.
[Added 4-18-2011 by Ord.
No. 658[2]]
Any form of development other than planned development.
[Added 4-18-2011 by Ord.
No. 658]
Any variance which is not a D variance.
[Added 4-18-2011 by Ord.
No. 658]
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.
[Amended 4-18-2011 by Ord. No. 658]
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.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes:
[Amended 5-16-1988 by Ord. No. 394]
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 and 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.
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 Title
58, Chapter 16A, Flood Control, of the Revised Statutes, the amendments
thereto and supplements thereto. A drainage right-of-way need not
be limited, in the contemplation of the Planning Board, to any one
or single application for a subdivision.[3]
Permission to depart from the literal requirements of Chapter 350, Zoning, to permit:
[Added 4-18-2011 by Ord.
No. 658]
A use or principal structure in a district restricted against
such use or principal structure;
An expansion of a nonconforming use;
Deviation from a specification or standard pertaining solely
to a conditional use;
An increase in the permitted floor area ratio as defined in
Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4);
An increase in the permitted density as defined Section 3.1
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the
required lot area for a lot or lots for detached one- or two-dwelling-unit
buildings, which lot or lots are either an isolated undersized lot
or lots resulting from a minor subdivision; or
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
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 have been
properly posted for their completion, or approval conditioned upon
the posting of such guaranties.
[Added 4-18-2011 by Ord.
No. 658]
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with this chapter.
[Added 4-18-2011 by Ord.
No. 658]
The Borough Council of the Borough of Harrington Park.
[Added 4-18-2011 by Ord.
No. 658]
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, and in the case of a civil proceeding in
any court or 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 other law of this state
or of the United States have been denied, violated or infringed by
an action or failure to act under this chapter or the Municipal Land
Use Law.[4]
[Amended 4-18-2011 by Ord. No. 658]
Any off-street space available for the loading or unloading
of goods and having direct usable access to the street or alley.
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.
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, no portion of a lot or lots dedicated to the Borough
for other public use shall be deducted from the calculation of the
lot area.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision. All
subdivisions regarding business or industrial lots and any subdivision
necessitating rezoning shall be considered major subdivisions.
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.
A development plan of one or more lots which requires site
plan approval and which:
[Added 4-18-2011 by Ord.
No. 658]
Proposes new development which is limited to any or all of the
following:
Alterations to the facade or roof of an existing building;
An increase and/or decrease in the floor area of an existing
principal building(s), provided that the change involves no more than
5% of the existing floor area or 250 square feet, whichever is less;
or
Construction of an accessory building(s) or accessory structure(s)
and/or site grading or landscaping with a combined floor area and/or
ground surface area, as applicable, of no greater than 250 square
feet;
Does not involve planned development, any new street or extension
of off-tract improvements which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
Contains the information reasonably required in order to make
an informed determination.
A subdivision of land for the creation of not more than three
lots, tracts, parcels or other divisions of land for sale or development,
provided that such subdivision does not involve:
[Amended 5-16-1988 by Ord. No. 394]
The Borough Planning Board or Zoning Board of Adjustment
or Borough Council when acting pursuant to this chapter, and any agency
created by or responsible to the Borough of Harrington Park when such
agency is acting pursuant to this chapter.
[Added 4-18-2011 by Ord.
No. 658]
A map adopted in accordance with applicable law. Such a map
shall be deemed to be conclusive with respect to the location and
width of the streets, public parks and playgrounds and drainage rights-of-way
shown thereon.
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 or right-of-way.
Any person, firm, association, syndicate, copartnership or
corporation having sufficient legal or equitable interest in the lands
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter and also having sufficient legal or equitable
interest to maintain proceedings for reviewing the action of the Planning
Board in a court of record. The right to obtain a commission or fee,
contingent or otherwise, upon the approval of the subdivision shall
not be construed as a sufficient legal or equitable interest to maintain
proceedings for reviewing the action of the Planning Board in a court
of record. The right to obtain a commission or fee, contingent or
otherwise, upon the approval of the subdivision shall not be construed
as a sufficient legal or equitable interest in or to the land or lands
in question.
An off-street space available for the parking of a motor
vehicle, provided that such space shall have a minimum width of 10
feet and a minimum depth of 20 feet, exclusive of maneuvering areas,
passageways, driveways and loading spaces appurtenant thereto.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice under this chapter.
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 guaranty in cash.
A certificate issued by the Construction Code Official for
the construction, reconstruction, remodeling, alteration or repair
of a building upon approval of the submitted application and plans.
Any person, individual, business entity, partnership, association,
corporation, limited liability corporation, company, organization
or legal entity of any kind or nature.
[Added 4-18-2011 by Ord.
No. 658]
The duly constituted Planning Board of the Borough authorized
by this chapter to act in accordance with N.J.S.A. 40:55D-1 et seq.
The map or maps of a subdivision.
[Added 4-18-2011 by Ord.
No. 658]
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.
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 this chapter.
The majority of the full authorized membership of a municipal
agency.
[Added 4-18-2011 by Ord.
No. 658]
A privately owned strip of land of less width or lot depth
than permitted by the applicable zoning regulations and bounded on
one side by a proposed street and on the other by the boundary of
a subdivision.
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.
[Added 4-18-2011 by Ord.
No. 658]
A structure designed for the separation of varying ground
levels.
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 required by this chapter
that may be reasonably required in order to make an informed determination
pursuant to 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 defined as follows:
ARTERIAL STREETSThose streets which carry or are intended to carry a heavy volume of traffic.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential or industrial development and streets for circulation within such a development.
IMPROVED STREETSThose streets dedicated or deeded for public use and constructed according to Borough regulations and duly accepted by the Borough.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose streets 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 side of properties otherwise abutting a street.
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 itself or for another.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development. The following
divisions, if they involve no new streets or roads, shall not be considered
subdivisions: divisions of land for agricultural purposes where the
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions or requirements; divisions
of property resulting from an order of a court of record, 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 municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the Tax Map or atlas of the municipality. "Subdivision"
also includes resubdivision and, where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
[Amended 5-16-1988 by Ord. No. 394]
A certificate permitting the occupancy of any building or
structure prior to the full completion, provided that such portion
or portions may be occupied safely prior to full completion of the
building or structure without endangering life or public welfare.
[Added 4-18-2011 by Ord.
No. 658]
Any typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 5-16-1988 by Ord. No. 394]
Permission to depart from the literal requirements of Chapter 350, Zoning.
[Added 4-18-2011 by Ord.
No. 658]
A document signed by the Zoning Officer which is required
by this chapter 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 zoning regulations or variance therefrom duly authorized by
a Borough agency pursuant to the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 4-18-2011 by Ord.
No. 658]
The rules, regulations and standards contained
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the Planning Board or the Zoning
Board of Adjustment under the terms hereof shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
However, if the subdivider or site plan applicant or his agent can
clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of one or more of these regulations
is impracticable or will exact undue hardship, the Planning Board
or the Zoning Board of Adjustment may permit such variance or variances
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.
