[Ord. No. 1811, § 2.]
This chapter shall be known as the "Development Regulations Ordinance of the Township of Teaneck."
[Ord. No. 1811, § 3; Ord. No. 3141, 5-3-1988, § 2.]
The purposes of this chapter are to establish a pattern for the use of land and buildings based on the land use element of the Master Plan and to effectuate the Master Plan in order to encourage municipal action to guide the appropriate and orderly development of land in a manner which will promote the public health, safety, morals and general welfare of the people. This chapter is intended to regulate the use of land within zoning districts; secure safety from fire, flood, panic and other natural and man-made disasters; provide adequate light, air and open space; limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes; regulate the bulk, height and size of buildings and other structures; avoid adverse effects upon the development and general welfare of neighboring municipalities, the county and the state; establish appropriate population densities and concentration contributing to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment; provide sufficient space for residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion, noise or blight; promote a desirable visual environment; promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; provide procedures for planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site; and encourage coordination of various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land.
This chapter is also intended to establish the authority of appropriate municipal agencies to review and approve or disapprove subdivision plats and site plans. The provisions of this chapter shall be held to be minimum requirements. Where this chapter establishes both minimum and maximum standard, both standards shall be met even though the combination of standards may not permit development to take advantage of all standards simultaneously. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
The rules, regulations and standards contained herein shall be considered minimum requirements. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the approving authority may permit such waivers as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. The waiver provisions of this section shall be applicable to the entire chapter herein, except where specifically prohibited by law.
Any waiver provided hereunder by the approving authority shall be specified in the written resolution of approval, whether conditional or otherwise, with the reason granting such waiver also specified.
The Township of Teaneck recognizes that it has areas, places and structures of historic, archaeological and architectural significance. It is in the interest of the general welfare to preserve these areas, places and structures and to ensure that new development is compatible and relevant with these areas, places and structures. This chapter is therefore intended to achieve these purposes and objectives, to promote the preservation of the environment, to promote a desirable visual environment to creative development techniques and good civic design and arrangements and to prevent the degradation of the environment through the improper use of land.
Any word or term not defined herein shall have the same meaning conferred upon it by the Municipal Land Use Law (N.J.S.A. 40:55D-3 through 40:55D-7). The word "shall" indicates a mandatory requirement, and the word "may" indicates a permissive action.
For the purposes of this chapter, unless the context clearly indicates a different definition, the following definitions shall be applicable:
- ACCESSORY USE OR BUILDING
- A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot. Where an accessory structure is attached to a principal structure in a substantial manner by a wall or roof, such accessory structure shall be considered part of the principal structure. The permitted accessory uses set forth in the RR-M, RC-1 and RC-2 Redevelopment Districts shall be deemed to comply with this definition.
- For purposes of historic preservation, the construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of any designated historic sites.
- ADMINISTRATIVE OFFICER
- The Township Clerk, unless a different municipal official
or officials are designated by this chapter; the Tax Assessor or the
Township Engineer, or their designees, are hereby designated as the
administrative officer for the purpose of certification of property
owners' lists as required by the Municipal Land Use Law.[Amended by Ord. No. 4259, 6-22-2012]
- Having a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing developed in accordance with the third-round rules of the New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.
- For purposes of historic preservation, any work done on any improvement which:
- ALTERATIONS OR ADDITIONS, STRUCTURAL
- Any change in supporting members of the building or additions to a structure requiring walls, foundations, footings, columns, beams, girders, posts, pilasters or piers, or buttresses. Non-load-bearing internal walls, used to partition interior space, are not considered "structural alterations."
- AMUSEMENT CENTER
- Any indoor place or enclosure that contains three or more amusement devices of any description, including but not limited to pinball amusement games, computer amusement games and/or games of chance for public amusement, patronage or recreation.
- A dwelling unit in a building having two or more dwelling units where entranceways, hallways, basements, attics, heating systems, yards and similar services in the building are shared in common, singularly or in combination.
- 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 pursuant to this chapter or other law.
- APPROVING AUTHORITY
- The Planning Board or the Board of Adjustment of the Township, exercising subdivision or site plan review authority pursuant to N.J.S.A. 40:55D-1 et seq., Chapter 2 of the Teaneck Township Code and Section 33-5 hereof.
- ARCHITECTURAL SIGN BAND
- A horizontal area above the entrances or storefront window, which is located between eight feet and 15 feet above curb level.
- ASSISTED-LIVING FACILITY
- A facility licensed by the State of New Jersey to provide apartment-style housing and congregate dining for elderly persons with no more than two persons per unit, such persons either being related or otherwise consensual as to the living arrangement. Each living unit at a minimum shall consist of one unfurnished room, a private bathroom, a kitchenette and a lockable entrance door.
- AUCTION MARKET
- Any place where goods, wares or merchandise of any description whatsoever are offered for sale to the highest bidder.
- An architectural projection that provides weather protection, identity and/or decoration; is wholly supported by the building to which it is affixed; and is comprised of a lightweight, rigid or retractable skeleton structure over which a fabric cover is attached.
- AWNING, WATERFALL-STYLE or WATERFALL-STYLE AWNING
- Waterfall-style awnings are those that are shaped such that the top of the awning immediately projects out approximately 90° for a few inches, then drops straight downward (i.e., like a waterfall).
- That portion of a building which is partially below and partially above grade and has at least 1/2 or more of its height above grade.
- The area enclosed by intersecting streets, watercourses, railroads or parks [except, however, the special definition of "block" in Section 33-23(f)(1)].
- BOARD OF ADJUSTMENT
- The Board established pursuant to N.J.S.A. 40:55D-69 and Chapter 2 of the Township Code.
- BOX SIGN or LIGHTED BOX SIGN
- Any sign made in a three-dimensional manner like a box and mounted to an external wall of a building. Such signs are normally internally lit with an inserted panel on which all lettering is done.
- A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy, or for the purpose of parking or storing physical objects, and having a roof.
- BUILDING AREA
- The total of areas of outside dimensions projected vertically on a horizontal plane at ground level of the principal building and all accessory buildings, but excluding such structural features as window wells, basement stairs, parking ramps and all other such structures which extend beyond the periphery of the building foundation.
- BUILDING COVERAGE
- That area of a lot covered by buildings, except sheds measuring
120 square feet or less in area, measured on a horizontal plane around
the periphery of the foundation(s) and any extension and cantilevers,
above where the foundation(s) meets the grade, and including the area
under the roof of any structure not having walls, as measured around
the extremities.[Amended by Ord. No. 4281, 1-22-2013]
- BUILDING HEIGHT
- Height in feet shall be measured as follows, except in the RR-M, RC-1, RC-2 and RC-3 Redevelopment Districts and the H Hospital District, which shall be measured as set forth in Section 33-24 herein. For all buildings, "building height" shall be the vertical distance from the average ground elevation around the foundation to the building's highest point, exclusive of chimney, mechanical equipment, elevator tower and flagpole, which shall not exceed the height of the existing building by more than 12 feet, but in no event shall it exceed the maximum "building height" specified for a particular zone by more than eight feet.
- (a) The average ground elevation shall be calculated by measuring the ground elevation at ten-foot intervals around the perimeter of the foundation.
- (b) At no point around the perimeter of the building shall the height of the building, exclusive of chimney, mechanical equipment, elevator tower and flagpole, exceed by more than five feet the maximum allowed in the zoning district.
- (c) Where soil or rock removal lowers the ground elevation around the perimeter of the foundation, the "building height" shall be based on the lowered elevation.
- (d) Where fill raises the ground elevation around the perimeter of the foundation, "building height" shall be based on the elevation as it existed prior to the use of fill.
- BUILDING LINE
- A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building or roof, the vertical plane will coincide with the most projected surface over three feet in height above the grade, except that a roof overhang of no more than 3 1/2 feet is permitted in the front yard and rear yard, and a roof overhang of no more than 1 1/2 feet is permitted in any side yard.
- BUSINESS OR TRADE SCHOOL
- A teaching facility which instructs in a business, trade or skill, whether or not it is the primary use of the premises.
- An architectural projection that provides weather protection, identity and/or decoration; is ground supported and supported by the building to which it is affixed; and is comprised of a lightweight, rigid or retractable skeleton structure over which a fabric cover is attached.
- That portion of a building which is partly or completely below grade and having at least 1/2 its height below grade.
- CERTIFICATE OF APPROPRIATENESS
- A document issued by the Historic Preservation Commission, following the review procedures set forth herein, certifying that the proposed activity under review is acceptable in terms of the design criteria set forth herein.
- CHILD-CARE CENTER
- Every private child-care center, day nursery, nursery school, boarding school or other establishment of similar character for the care of children, in which any tuition fee, board or other form of compensation for the care of children is charged and in which more than five children over the age of two years and under the age of five years are cared for, but which shall not include:
- (a) The State Board of Child Welfare of the Department of Institutions and Agencies;
- (b) Any aid society of a properly organized and accredited church or fraternal society organized for aid and relief of its members;
- (c) Any children's home, orphan asylum, children's aid society or society for the prevention of cruelty to children incorporated under the laws of this state and subject to visitation or supervision by the State Department of Institutions and Agencies, except in the conduct of a philanthropic day nursery; or
- (d) Any other public agency operated by a county, city, municipality or school district.
- 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.
- 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 for the use or enjoyment of residents and owners of the development.
- CONDITIONAL USE
- 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 this chapter and upon the issuance of an authorization therefor by the Planning Board.
- CONSTRUCTION OFFICIAL
- The person appointed by the Township Manager pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
- Development other than planned development.
- COUNTY PLANNING BOARD
- The Planning Board of the County of Bergen.
- An open, uncovered and unoccupied space on the same lot with a building.
- COURT, INNER
- Any court other than an outer court.
- COURT, OUTER
- A court extending to and opening upon a street, public alley or other approved open space, not less than 15 feet wide, or upon a required yard.
- DAY-CARE FACILITY
- A privately operated establishment where five or fewer children under six years of age are cared for during the day.
- Calendar days.
- The razing of any improvement or the obliteration of any natural feature of a structure or historic site.
- Any applicant for a development project, either awaiting approval or approved with improvements being made.
- 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.
- DEVELOPMENT REGULATION
- 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 law.
- Buildings, or a space in a building, which provide sleeping accommodations owned by or incidental to a school, college or university within the Township, and including fraternity and sorority houses.
- 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 means necessary for water supply preservation or prevention or alleviation of flooding.
- DRUG PARAPHERNALIA
- As defined in N.J.S.A. 24:21-46.
- DWELLING, MULTIFAMILY
- A building containing more than two dwelling units.
- DWELLING, SINGLE-FAMILY
- A detached building containing one dwelling unit.
- DWELLING, SINGLE-FAMILY ATTACHED
- A building containing three or more dwelling units with each dwelling unit extending from the ground to the roof and having individual outside access and no interior rooms or hallways shared with the other dwelling units, typically a townhouse unit or row house unit.
- DWELLING, TWO-FAMILY
- A detached building containing two dwelling units.
- DWELLING, TWO-FAMILY DUPLEX
- Two dwelling units contained in one building located in a single lot, regardless of configuration.
- DWELLING, TWO-FAMILY SEMIDETACHED
- Two dwelling units contained in one-building, with each dwelling unit located in a separate lot typically configured side by side.
- DWELLING UNIT
- A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- ENVIRONMENTAL COMMISSION
- The Teaneck Environmental Commission created pursuant to N.J.S.A. 40:56A-1 et seq.
- The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- ESCROW OR ESCROW ACCOUNT
- Any fees deposited by a developer to pay for municipally incurred expenses in the review of an application or inspections of a project under development and the accounting entries used to keep track of expenditures.
- Persons living together as a single, nonprofit, housekeeping unit whose relationship is of a permanent and domestic character, as distinguished from fraternities and sororities, societies, clubs, associations, lodges, halfway houses, shelters and other forms of specialized housing of a transient nature.
- (a) A facility in which three or more of the following indoor entertainment activities and services, or those which are substantially similar to them, are provided for within a fully enclosed building:
- (1) Museums;
- (2) Meeting, convention, exhibition and/or conference facilities;
- (3) Classrooms and instructional spaces;
- (4) Indoor zoos for small animals, including reptiles, birds and butterflies and other insects;
- (5) Indoor playgrounds and playrooms, which may include the following types of play equipment: inflatables and climbing equipment, carousels, hydraulic rides, base rides, simulation rides, arcade games and video games; and
- (6) Movie theaters, but not to exceed 50 seats per theater.
- (b) Permitted accessory uses include: cafeteria, banquet halls and restaurants, including kitchens, and food preparation areas; gift shops; and administrative offices.
- (c) Permitted outdoor accessory uses and structures may include: parking lots; parks and landscaped open space; and gazebos, pagodas, outdoor seating and tables for dining, but not including outdoor food service or outdoor food preparation.
- Any structure or partition erected for the purpose of enclosing a piece of land, or to divide a piece of land into two portions, or to separate two contiguous lots.
- FINAL APPROVAL
- 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.
- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
- The areas adjoining a river, stream, canal, ocean, lake or other body of standing water that have been or may be covered by floodwater.
- FLOOR AREA RATIO
- The ratio of gross floor area to the lot area.
- GOVERNING BODY
- The Township Council.
- FREESTANDING OR GROUND SIGN
- Any sign supported by permanent structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
- GROSS FLOOR AREA
- The area of all floors computed by using the inside dimensions of the exterior walls of a building. "Gross floor area" shall exclude areas having a ceiling height of less than four feet and shall exclude unoccupied cellars, basements, garage space and accessory buildings; provided, however, that with respect to RC-1, RC-2 and RC-3 Redevelopment Districts, the definition of "gross floor area" contained therein shall apply.
- GROUP-CARE HOUSING
- A residential facility in a single-family dwelling providing food, shelter and personal guidance to elderly, developmentally disabled or mentally ill persons, living together as a single, nonprofit, housekeeping unit, under such supervision as required. "Elderly" shall mean a person who has attained age 62 or over.
- HEALTH CARE PROFESSIONAL
- A physician, dentist, osteopath, chiropractor, chiropodist, psychologist and similar providers of health care licensed by the State of New Jersey.
- HISTORIC DISTRICT
- One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
- HISTORIC SITE
- Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan and by ordinance, pursuant to Section 33-21.2(e) hereof, as being of historical, archaeological, cultural, scenic or architectural significance.
- HOME OCCUPATION
- The use by a resident of his or her home to engage in any of the following occupations: day-care facility, dressmaker, tailor, typist, tutor or teacher, provided that any such tutoring or teaching shall be limited to individualized instruction and not group instruction; or any occupation which does not involve more than three business invitees, deliveries or shipments to or from the home more than two times a calendar week by vehicles whose maximum cargo load may not exceed 5,000 pounds (i.e., cube vans or box vans) and does not employ any person other than the resident.
- HOME PROFESSIONAL OFFICE
- A professional office located within a dwelling and which is conducted by the resident thereof, subject to the following restrictions and limitations:
- (a) "Professional" is defined to mean any one of the following professionals licensed by the State of New Jersey: physician, lawyer, dentist, nurse, architect, planner, engineer, land surveyor, psychologist, marriage counselor, osteopath, podiatrist, chiropodist, chiropractor, physical therapist, occupational therapist or accountant. All other licensed professionals are excluded.
- (b) A home professional office shall be incidental to the residence with space to be used for offices in the principal building limited to 30% of the building area of the first floor. In computing the office space of a split-level construction, the office space shall be limited to 30% of the building areas of the first two levels. In no case shall space used for a garage be included in computing the building area.
- (c) A biological or other medical testing laboratory that is not owned and operated by a resident physician or dentist, incidental to a home professional office, is excluded.
- A state-accredited institution where persons are given inpatient and/or outpatient medical and surgical care.
- A building or buildings used primarily to provide shelter for overnight and resident guests for compensation.
- ILLUMINATED DIGITAL DISPLAY SIGN
- A sign consisting of a light-emitting diode (LED) display screen upon which changing color images can be produced.
- Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 contiguous days.
- INDIVIDUALS WITH DISABILITIES
- For the purposes of this chapter, a person shall be considered an individual with disabilities if he or she has a physical or mental impairment which substantially limits one or more of the major life activities of such individual and which is expected to be of long continued and indefinite duration; substantially impedes his or her ability to live independently; and is of such nature that the disability could be ameliorated by suitable housing conditions.
- INTERESTED PARTY
- 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 chapter or whose rights to use, acquire or enjoy property under this chapter or under any state or federal law have been denied, violated or infringed upon by any action or failure to act under this chapter.
- Includes improvements and fixtures on, above or below the surface.
- LOADING SPACE
- An off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading.
- 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.
- LOT AREA
- The area contained within the lot lines but not including any portion of a street. The minimum "lot area" of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located, plus the additional area needed for widening of the street.
- LOT, CORNER
- A lot with two adjacent sides at the junction of and having frontage on two or more intersecting streets; or a lot bounded on two or more sides by the same street.
- LOT COVERAGE
- The area of a lot covered by buildings, structures, improved
surfaces and accessory uses, excluding grass pavers, gravel, play
equipment, retaining walls, sheds measuring 120 square feet or less
in area, and a maximum of four mechanical units (i.e., generators,
air-conditioning condensing units, pool equipment) accessory to single-family
and two-family detached dwellings.[Amended by Ord. No. 4281, 1-22-2013; Ord. No. 13-2015, 3-24-2015]
- LOT DEPTH
- The average distance measured from the front lot line to
the rear lot line. With respect to corner lots, lot depth along each
street frontage is the average distance measured from the front lot
line and the opposing side property line.[Added by Ord. No. 4281, 1-22-2013]
- LOT FRONTAGE
- The horizontal distance between the side lot lines measured along the street lines. Special rules for determining the front of a lot bounded by two or more streets are set forth in Article V hereof.
- LOT LINE
- A line dividing one lot from another or from a street or any public place. "Lot lines" extend vertically in both directions from ground level.
- LOT WIDTH
- The straight and horizontal distance between side lot lines and parallel to the street line measured at the minimum building setback from the street line or, if the street line is curved, from the chord line of the curve.
- MAINTENANCE GUARANTY
- Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.
- MAJOR SUBDIVISION
- Any subdivision not classified as a minor subdivision.
- MARKET-RATE DWELLING UNITS
- Housing units not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.
- MASTER PLAN
- A composite of one or more written or graphic proposals for the development of the Township, as set forth in and adopted pursuant to law.
- MINOR SUBDIVISION
- A subdivision of land for the creation of no more than three 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 Section 33-20 of this Code.
- A building or group of buildings used primarily to provide overnight shelter for transient automobile travelers for compensation.
- MOTOR VEHICLE SERVICE STATION
- A building or premises or portion thereof where gasoline or other flammable fuel for operating motor vehicles is offered for sale at retail to the public and/or in which the general business of repairing motor vehicles may be conducted, but not including body or fender work, frame straightening, rebuilding and painting in such repairs.
- MUNICIPAL AGENCY
- The Planning Board, Board of Adjustment or Township Council of the Township of Teaneck, when acting pursuant to this chapter.
- NEON SIGN
- Any sign consisting of transparent glass or plastic tubing radiating colored or white light.
- NONCONFORMING LOT
- A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter 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.
- NONCONFORMING STRUCTURE
- A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter 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.
- NONCONFORMING USE
- A use or activity which was lawful prior to the adoption, revision or amendment of this chapter 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.
- NURSING HOME
- A privately operated establishment devoted to the care of four or more persons, which persons require nursing care because of advanced age or illness. Such term shall not be construed to imply or permit the practice of general hospital functions, medical or dental clinics or the rendering of service beyond nursing care.
- A place for the transaction of business where reports are prepared, records kept or services rendered but where no retail sales are offered and where no manufacturing, assembling or fabricating takes place.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
- 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 portions of a street or right-of-way.
- OFF-SITE CONSTRUCTION
- Construction on property 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 a 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 or lots 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.
- 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 laid adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land; provided, however, that with respect to the RR-M, RC-1, RC-2, and RC-3 Redevelopment Districts, the term "open space" shall be defined as set forth therein.
- PARKING SPACE
- An area either within a structure or in the open for the parking of another vehicle. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway. The area of a "parking space" shall be a minimum of nine feet wide and eighteen feet long, exclusive of driveways appurtenant thereto.
- PERFORMANCE GUARANTY
- Any security, which may be accepted by the Township, including cash, provided that the Township shall not require more than ten percent of the total performance guaranty in cash.
- PLACES OF ASSEMBLY
- An area or areas where people gather for a common purpose.
- PLANNED COMMERCIAL DEVELOPMENT
- An area of fifteen or more contiguous acres 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 and any other uses incidental to the predominant use.
- PLANNED UNIT DEVELOPMENT
- An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit 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 are specified herein.
- PLANNED UNIT RESIDENTIAL DEVELOPMENT
- An area with a 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 public or quasi-public uses all primarily for the benefit of the residential development.
- PLANNING BOARD
- The Teaneck Planning Board established pursuant to N.J.S.A. 40:55D-23 and Chapter 2 of the Township Code.
- A map or maps of a subdivision or site plan.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to law prior to final approval, after specific elements of a development plan have been agreed upon by the approving authority and applicant.
- PRELIMINARY FLOOR PLANS AND ELEVATIONS
- 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.
- PRINCIPAL USE
- The main purpose for which any lot and/or building is used.
- PRIVATE GARAGE
- A building or covered space used for the storage of one or more motor vehicles without exacting compensation therefor.
- PRIVATE SCHOOL
- An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
- PROJECTING SIGN
- Any sign, other than a wall sign, suspended from or supported by a building or structure or sign structure and which extends more than six inches from a building.
- PUBLIC DRAINAGEWAY
- The lands required to be reserved or dedicated for the installation of stormwater drains 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.
- PUBLIC GARAGE
- A building or covered space used for the storage of motor vehicles and offered to the general public subject to uniform conditions, such as the payment of charges and availability of space, and where no repair facilities are maintained and no motor vehicle repairs are conducted.
- PUBLIC NURSERY SCHOOL
- A preschool educational facility established by the Board of Education pursuant to N.J.S.A. 18A:44-1 et seq. A private preschool facility is designated herein as a "child-care center."
- PUBLIC OPEN SPACE
- An open space area conveyed or otherwise dedicated to the Township, a municipal agency, the Environmental Commission, the Board of Education, any state or county agency or other public body for recreational or conservational uses.
- PUBLIC PURPOSE
- The use of land by a municipal, county, state or federal agency or authority.
- RECREATIONAL VEHICLE
- A transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable, livable quarters for recreational, camping or travel use, or to carry such equipment, but not for profit or commercial use. Included as "recreational vehicles," but not to the exclusion of any other types not herein mentioned, are trailers, trailer coaches, camping trailers, motor homes, pickup (slide-in) campers, chassis mounts, converted vans, chopped vans, mini-motor homes, fifth-wheel trailers of "recreational vehicle" construction, design and intent (as opposed to commercial fifth-wheel trailers), boats and boat trailers, snowmobiles and snowmobile trailers and truck caps.
- Repairs, when a building permit is required for the same.
- RESIDENTIAL CLUSTER
- 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.
- RESIDENTIAL DENSITY
- The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
- A commercial establishment where food and drink are prepared, served and consumed. As used in this chapter, a "restaurant" shall not include a fast-food restaurant as defined herein.
- RESTAURANT, FAST-FOOD
- An eating establishment, excluding bakeries and delicatessens, where the majority of service is available from a counter-type installation and from which quickly prepared or unprepared foods are taken away by the customer, whether or not interior seating facilities are provided.
- 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.
- RETAINING WALL
- Any structure that is not laterally supported at the top and is designed and erected to resist lateral soil load whose height is greater than 24 inches of unbalanced fill.
- The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.
- The hard or paved surface portion of a street customarily used by vehicles in their regular course of travel. Where there are curbs, the "roadway" includes only that portion between the curbs. Where there are no curbs, the "roadway" is that portion between the edges of the paved width.
- SATELLITE ANTENNA
- An apparatus which is designed for the purpose of receiving and/or transmitting television, radio, microwave, satellite or similar signals, commonly referred to asa "dish" antenna. Conventional television antennas are excluded from this definition.
- SECURITY GATES
- Any rolling, solid, swinging, sliding or accordion-type enclosures (other than garage doors), solid or not solid, closing vertically or horizontally, installed as a theft protection measure in any nonresidential building or storefront opening.
- 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.
- SENIOR CITIZEN
- A person over the age of 62 years.
- SETBACK LINE
- A line drawn parallel to a street line or lot line and drawn to the point of the building nearest to the street line or lot line beyond which a building does not project. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the Official Map.
- SIDEWALK SIGN
- Any temporary portable exterior sign, including sandwich boards.
- SIGHT TRIANGLE
- A triangular area outside the street right-of-way abutting two intersecting streets or a driveway intersecting a street. The sight triangle is formed by the sides which are the intersecting curblines or the intersecting curbline with the exit of a driveway and a line connecting a point on each side line a set distance from the intersection. In the absence of a curb, the "edge of roadway line" shall be substituted for "curbline" for determining the location and size of a sight triangle in this Code.
- Any exterior device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
- SIGN, AREA OF
- The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
- SIGN, POLITICAL
- A temporary sign containing a statement about or endorsement of any public issue or candidate for public office. An exterior sign affixed to a political campaign office, identifying the candidates and/or issues which the campaign is promoting from offices on the premises, shall be treated in all respects as a "business sign" and not a "political sign" and shall conform to the criteria of Section 33-18(c)(6)g hereof.
- SITE IMPROVEMENT
- Street paving and the widening, extension or modification of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances, drainage structures, culverts, fire hydrants, driveways, sanitary sewers, water mains or appurtenances, gutters, street signs, streetlighting, retaining walls and the like. In no case shall the proposed dwelling or building be considered a site improvement.
- SITE PLAN
- A development plan of one or more lots on which is shown:
- (a) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
- (b) 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.
- (c) Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.
- SKETCH PLAT
- A development plan on which is shown the subdivision of land into two or more lots for purposes of preliminary classification of said subdivision.
- That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.[Added by Ord. No. 4-2013, 4-23-2013]
- Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or Township roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by 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 pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
- STREET LINE
- The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on an adopted Master Plan or Official Map, as required by this chapter, forming the dividing line between the street and the lot.
- A combination of materials to form a construction, the use of which requires location on the ground or attachment to something having location on the ground, and includes, among other things: stadiums, platforms, radio towers, sheds, storage bins, parking facilities, fences, outside air-conditioning apparatus and the sidestops and backstops of a tennis court. The word "structure" shall be construed as though followed by the words "or part thereof."
- 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.
- (a) The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (1) 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.
- (2) Divisions of property by testamentary or intestate provisions.
- (3) Divisions of property upon court order.
- (4) Conveyances so as to combine existing lots by deed or other instrument.
- (b) The term "subdivision" shall also include the term "resubdivision."
- SURFACE WATER RUNOFF CONTROL PLAN
- A plan which fully indicates sufficient surface water runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.
- SWIMMING POOL
- Any artificially constructed pool, lake or pond located on the same lot as the dwelling unit and accessory thereto. Pools erected above ground and supported by a structural frame placed or fastened to the ground shall be considered private permanent pools. A wading pool, with a depth of less than 18 inches, shall not be deemed to be a swimming pool. A swimming pool with an area of less than 120 square feet and a water depth of less than 18 inches, temporary in character and constructed of a material other than concrete, masonry or wood, capable of being moved easily from one place to another, shall be deemed to be a "portable swimming pool."
- TEMPORARY SIGN TEMPORARY WINDOW SIGN
- Any sign put up for a limited period of time for the purpose of:
- (a) Displaying information regarding a special offer of products, services or positions available;
- (b) Announcing special events, holidays or seasons and/or pertaining to civic, religious, political or philanthropic activities; and/or
- (c) Construction, engineering or architectural work or a building project or land improvement project.
- TEMPORARY TOILET FACILITY
- A portable watertight chemical vault used by the public for outings, bazaars or by contractors and their workmen at a construction site.
- TEMPORARY USE STORAGE CONTAINERS
- Prefabricated, commercially leased, fully enclosed, outdoor containers used to store home furnishings and/or personal items on a temporary basis during a time of home repair, construction, renovation or relocation.
- See definition of "dwelling, single-family attached."
- Services, including but not limited to sewage collection and treatment, water supply, gas, electric, telephone and cable television.
- Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47, 29.2b, 57c and 57d of Chapter 291 of the Laws of New Jersey 1975. (Note: See N.J.S.A. 40:55D-1 et seq.)
- WALL SIGN
- Any sign affixed to, painted on or recessed into the wall, facade or fascia of a structure or which is an integral part of the building or structure. So-called "box signs" which are recessed so that they are flush with the facade of a structure and individual channel letters mounted onto the facade are wall signs.
- WINDOW AREA
- The window area shall be defined as the glassed area located inside the finished opening as measured vertically from the top of the finished sill to the top sash and horizontally from the left sash to the right sash.
- WINDOW SIGN
- Any sign attached to, etched or painted or placed behind the window, intended to be visible from the outside.
- Space unoccupied, except as permitted in this chapter, extending between any building and a lot line or street line. All "yard" dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades. Also see definition of "setback line."
- YARD, FRONT
- The area extending across the full width of a lot between the street line and a line parallel to the street line through the nearest point of the principal building. See special rules applicable to corner lots in Article V hereof.
- YARD, REAR
- The area extending across the full width of a lot between the rear lot line and a line parallel to the street line through the nearest point of the principal building to the rear lot line.
- YARD, SIDE
- The area extending from the front yard to the rear yard and lying between each side lot line and the building.
- ZONING OFFICER
- The municipal official charged with the administration and enforcement of the provisions of the Zoning Ordinances of the Township of Teaneck as appointed pursuant to Sec. 2-51.2.
- ZONING PERMIT
- A document signed by the Zoning 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 Zoning Ordinance or variance therefrom.[Ord. No. 1811, § 4; Ord. No. 1859, 5-27-1980, § 1; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 1994, 8-9-1983, § 2; Ord. No. 2021, 2-7-1984, § 1; Ord. No. 2042, 7-9-1984, § 3; Ord. No. 2044; 7-9-1984; § 1; Ord. No. 2052, 9-4-1984, § 1; Ord. No. 3141, 5-3-1988, § 3; Ord. No. 3269, 6-26-1990, § 1; Ord. No. 3363, 7-6-1993, § 1; Ord. No. 3381, 12-21-1993, § 2; Ord. No. 3394, 6-7-1994, § 1; Ord. No. 3438, 11-14-1995, § 1; Ord. No. 3441, 12-21-1995, § 1; Ord. No. 3474, 10-8-1996, § 2; Ord. No. 3623; 2-8-2000, § 1; Ord. No. 3654, 12-19-2000, § 1; Ord. No. 3728, 8-20-2002, § 1; Ord. No. 3747, 2-25-2003, § 1; Ord. No. 3762, 5-27-2003, § 1; Ord. No. 3923, 12-6-2005, § 1; Ord. No. 3924, 12-6-2005, § 1; Ord. No. 3962, 9-5-2006, § 1; Ord. No. 3963, 9-5-2006, § 1; Ord. No. 4034, 10-9-2007, Ord. No. 4049, 1-8-2008, § 2; Ord. No. 4044; 11-20-2007, § 2; Ord. No. 4062, 3-18-2008, §§ 1, 2; Ord. No. 4072, 5-27-2008, § 3; Ord. No. 4080, 6-24-2008, § 5.]
[Ord. No. 1811, § 5.]
Nothing in this chapter shall require any change in a building permit, site plan or zoning variance which was approved before the enactment of this chapter but is in violation of this chapter, provided that construction based on such a building permit shall have been started within one year from the effective date of this chapter and, in the case of a site plan or variance, a building permit shall have been issued within one year following the effective date of this chapter. In all instances, the project shall be continuously pursued to completion, otherwise said approvals and permits shall be void.
[Ord. No. 1811, § 6; Ord. No. 4062, 3-18-2008, §§ 3, 4.]
No subdivision of land within the Township of Teaneck shall be valid and effective if done in violation of the subdivision provisions of this chapter. Pursuant to N.J.S.A. 40:55D-37, no subdivision plat shall be filed with the county recording officer unless approved by a Township approving authority in accordance herewith.
No building permit or certificate of occupancy for any development within the Township of Teaneck shall be valid and effective if issued in violation of the site plan provisions of this chapter, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from site plan review and approval.
The jurisdiction and authority of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to Chapter 2 of this Code and N.J.S.A. 40:55D-76b.
The Planning Board and the Zoning Board of Adjustment shall retain jurisdiction over all aspects of development on a property for a period of 12 months from the approval of any development application by resolution.
[Ord. No. 1811, § 7; Ord. 2063, 11-27-1984, § 1.]
No approval of a subdivision or site plan shall be final if any taxes or assessments for local improvements are due and delinquent on the property for which the subdivision or site plan application is made. No certificate of occupancy or building permit or any other certificate of approval will be issued until taxes and assessments are all paid to date.
[Ord. No. 1811, § 8.]
No approval of a subdivision or site plan shall be final unless it conforms in all respects to the applicable provisions of the Zoning Ordinance or unless a variance has been granted by the appropriate Township authority for each and every nonconformity.
The application fee set forth above is a flat fee to cover direct administrative expenses, other than the services of outside consultants retained by the approving authority, and is nonrefundable. In addition, the applicant may be required by the approving authority to submit a payment to the Township Treasurer for deposit in the Township trust fund as an escrow deposit, in an amount to be determined by the approving authority. This escrow trust fund is intended to cover the reasonable cost of professional services rendered by outside consultants to the approving authority, in conjunction with the development application which are reasonably necessary for a proper consideration of the application. Such services include but are not necessarily limited to professional planners, engineers and traffic consultants. Escrow funds not utilized in the review process shall be returned to the applicant within a reasonable period of time after the adoption of a resolution of memorialization by the approving authority.
The amount of the escrow trust fund shall be determined in one of two ways: either it shall be based upon an estimate furnished by the Township Engineer or upon written estimates furnished by the consultant or consultants being considered for hire by the approving authority. The applicant shall be notified of the required escrow deposit, and the failure to pay same shall be grounds for dismissal of the application or postponement of the issuance of a certificate of occupancy, as the case may be.
All escrow charges which are due and owing shall become a lien upon the property which is the subject of the development application and shall remain so until paid. Overdue escrow charges shall accrue the same interest as established for real property taxes in the Township. The Township shall have the same remedies for collection of escrow charges with interest, cost and penalties as it has by law for the collection of taxes upon real property.
The application fees as set forth in Section 33-8 hereof shall be applied to cover direct administrative expenses and other incidental expenses connected with processing and checking all of the materials of the application. Application fees are nonrefundable.
Affordable housing development fees.
Findings and purposes.
The New Jersey Supreme Court, in Holmdel Builders Ass'n v. Holmdel Township, 121 N.J. 550 (1990), determined that mandatory development fees are both statutorily and constitutionally permissible. The Court further anticipated that the Council would promulgate appropriate development fee rules specifying, among other things, the standards for these development fees. The purpose of this section is to provide such rules pursuant to N.J.A.C. 5:92-18 et seq.
The Township Council finds and declares that the creation and preservation of affordable housing in the Township serves the pubic interest. Maintaining and improving a stock of sound affordable housing requires affirmative steps by local government working cooperatively with public bodies at all levels and with the private sector. The purpose of this section is to create in the Township of Teaneck a trust fund from payment of development fees to assist in the marshaling of public and private moneys dedicated to affordable housing projects and programs.
Definitions. As used in this section, the following terms shall be defined as follows:
- AFFORDABLE HOUSING
- Any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing as set forth in N.J.A.C. 5:92-1.2.
- The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, and which has primary jurisdiction for the administration of low- and moderate-housing delegations in accordance with sound regional planning considerations in this state.
- DEVELOPMENT FEES
- Money paid by an individual person, partnership, association, company or corporation for the improvement of property as permitted in N.J.A.C. 5:92-18 et seq.
- EQUALIZED ASSESSED VALUE
- The use of a property determined by the Township Tax Assessor through a process designed to ensure that all property in the Township is assessed at the same assessment ratio or ratios required by law. Estimates at the time of the issuance of the building permit may be obtained from the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Tax Assessor.
Development fee schedule.
Residential development fees shall be a maximum of 1% of the equalized assessed value for residential development, provided no increased density is permitted.
Where there is zoning change that permits increased residential development, the Township may impose a development fee of up to 6% of the equalized assessed value for each additional unit that may be realized as a result of the rezoning. For example, if a rezoning allowed two extra units to be constructed, the fees could equal 1/2 of 0.5% of equalized assessed value on the first unit(s) and 6% of equalized assessed value on the two incremental units.
The Township may allow developers of sites zoned for inclusionary development to pay a fee in lieu of building low- and moderate-income units, provided the Council determines the Township's housing element and fair share plan provides a realistic opportunity for addressing the Township's fair share obligation. The fee may equal the cost of subsidizing the low- and moderate-income units that are replaced by the development fee. For example, an inclusionary development may include a 20% set-aside, no set-aside, and a fee that is the equivalent of a 20% set-aside or a combination of a fee and set-aside that is the equivalent of a 20% set-aside.
The Township may collect fees exceeding those permitted in this section, provided the Township enters into agreements with developers that offer a financial incentive for paying higher fees. The financial incentive may be in the form of a tax abatement. No agreement may provide for a voluntary development fee without also providing for a comparable offsetting incentive. All agreements are subject to a Council approval.
Nonresidential development fees shall be a maximum of 2% of the equalized assessed value for nonresidential development.
The Township may collect fees exceeding those permitted in this section, provided they enter into agreements with developers that offer a financial incentive for paying higher fees. Such agreements may include, but are not limited to, a tax abatement, increased commercial/industrial square footage, increased commercial/industrial lot coverage and/or increased commercial/industrial impervious coverage in return for development fee. The development fee negotiated must bear a reasonable relationship to the additional commercial/industrial consideration to be received. All agreements are subject to approval by the Council.
Eligible exactions, ineligible exactions and exemptions.
Except as provided for in Subsection (d)(3) above, inclusionary developments shall be exempt from development fees. All other forms of new construction may be subject to development fees.
Development fees shall be collected when an existing structure is expanded or undergoes a more intense use. The development fee that may be collected shall be calculated on the increase in the equalized assessed value of the improved structure.
The Township shall not reduce densities from preexisting levels and then require developers to pay development fees in exchange for an increased density.
Developments that have received preliminary or final approval prior to the imposition of a development fee shall be exempt from development fees unless the developer seeks a substantial change in the approval.
The Township exempts the following types of development from the imposition of development fees:
Collection of development fees. The Township shall collect 50% of the fee on any specific development prior to and as a condition of the issuance of the building permit therefor. The remaining portion shall be collected prior to and as a condition of the issuance of the certificate of occupancy. After an issuance of a building permit, the Construction Official shall refer the plans for the development to the Tax Assessor. The Tax Assessor shall certify to the Construction Official the final equalized assessed value in advance of the issuance of a certificate of occupancy by the Construction Official. The remaining portion of the development fee shall be adjusted to reflect any change in the estimated equalized assessed value so that the total of the two payments shall equal 100% of the total development fee based upon the final equalized assessed value.
Housing trust fund, use of money and monitoring.
All development fees shall be deposited with the Chief Financial Officer of the Township in a separate designated interest-bearing housing trust fund. The development fees placed in the housing trust fund shall be deemed "dedicated revenues" as such term is defined in N.J.S.A. 40A:4-36. In establishing the housing trust fund, the Township shall provide whatever express written authorization that may be required by the bank utilized by the Township in order to permit the Council to direct the disbursement of development fees pursuant to this chapter.
The Township shall use revenues collected from development fees for any activity approved by the Council for addressing the Township's fair share obligation. Such activities include, but are not limited to, rehabilitation, new construction, regional contribution agreements, purchase of land for low- and moderate-income housing, improvement of land to be used for low- and moderate-income housing, extension and/or improvements of roads and infrastructure to low- and moderate-income housing sites, assistance designed to render units to be more affordable and administration of the implementation of the housing element.
Funds shall not be expended to reimburse the Township for past housing activities.
At least 30% of the revenues collected from development fees shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, down payment assistance, low interest loans and rental assistance. This requirement may be waived in whole or in part when the Township demonstrates to the Council the ability to address the requirement of affordability assistance from another source.
No more than 20% of the revenues collected from development fees shall be expended on administration, including, but not limited to, salaries and benefits for Township employees or consultant fees necessary to develop or implement a rehabilitation program, a new construction program, a regional contribution agreement, a housing element and an affirmative marketing program. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units and compliance with the Council's monitoring requirement. Development fees shall not be used to defray the costs of existing staff.
Spending plans. The Township shall submit to the Council a spending plan for the development fees collected by it prior to the expiration of its substantive certification period. Plans to spend development fees shall consist of the following information:
A projection of revenues anticipated from imposing fees on development, based on historic activity;
A description of the administrative mechanism that the Township will use to collect and distribute revenues;
A description of the anticipated use of all development fees;
A schedule for the creation or rehabilitation of housing units;
In the event the Township envisions being responsible for public sector or no-profit construction of housing, a pro forma statement of the anticipated costs and revenues associated with the development; and
The manner through which the Township will address any expected or unexpected shortfall if the anticipated revenues from development fees are not sufficient to implement the plan.
Violations and penalties.
In the event that any of the conditions set forth in Subsection (d)(8)b below occur, the Council shall be authorized, on behalf of the Township, to direct the manner in which all development fees collected pursuant to this chapter shall be expended. Should any such condition occur, such revenues shall immediately become available for expenditure at the direction of the Council upon the Township Clerk's receipt of written notification from the Council that such a condition has occurred. In furtherance of the foregoing, the Township shall, in establishing a bank account pursuant to Subsection (d)(6)a above, ensure that the Township has provided whatever express written authorization which may be required by the bank to permit the Council to direct disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by the Council to the Township Clerk.
Occurrence of the following may result in the Council taking an action pursuant to Subsection (d)(8)a above:
Failure to submit a spending plan pursuant to Subsection (d)(7) above within the time limits imposed by the Council;
Failure to meet deadlines for information required by the Council in a review of this chapter, the Township's housing element or spending plan;
Failure to address the Council's conditions for approval of a plan to spend development fees within the deadlines imposed by the Council;
Failure to address the Council's conditions for substantive certification within the deadlines imposed by the Council;
Failure to submit accurate monitoring reports within the time limits imposed by the Council;
Failure to implement the spending plan for development fees within the time limits imposed by the Council, or within reasonable extensions granted by the Council;
Expenditure of development fees on activities not permitted by the Council;
Revocation of the Township's substantive certification; or
Other good cause demonstrating that the revenues are not being used for the intended purpose.
Ongoing collection of development fees. The Township's ability to collect development fees shall expire with substantive certification unless the Township has filed an adopted housing element with the Council, petitioned for substantive certification and received the Council's approval of its development fee ordinance.
Monitoring. The Township shall complete and return all monitoring forms related to the collection of fees, expenditure of revenues and implementation of the plans certified by the Council or approved by the Court. Quarterly financial reports and annual program implementation and auditing reports shall be completed on forms designed by the Council.
Severability. If any part of this Subsection (d) shall be held invalid, the holding shall not effect the validity of the remaining parts of this section. If any part of this Subsection (d) is held invalid in one or more of their applications, the rules shall remain in effect in all valid applications that are severable from the invalid application.
[Ord. No. 1811, § 9; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 3015, 12-17-1985, § 1; Ord. No. 3073, 2-10-1987, § 1; Ord. No. 3246, 12-12-1989, § 26; Ord. No. 3923, 12-6-2005, § 2.]
[Ord. No. 1811, § 10.]
The agreement dated September 12, 1977, as amended from time to time, by and between the Teaneck Redevelopment Agency, the Township and Alfred N. Sanzari, shall not be abrogated, superseded or amended by this chapter, and in the event of conflict between this chapter and said agreement, the latter shall prevail.
Editor's Note: The Township abolished the Teaneck Redevelopment Agency by Ord. No. 4060 and transferred all powers, rights, duties and obligations to the Township Council pursuant to N.J.S.A. 40A:12A-4.
Checklists for site plans, minor subdivisions and major subdivision preliminary plats are set forth in full on the schedules attached and made a part of said Code. These checklists shall be published in summary form by reference to same and made a part of this chapter.
Every application of development submitted pursuant to Chapter 33 of the Code of the Township of Teaneck shall include by the applicant provisions for the collection, disposition and recycling of recyclable materials designated in the Township's Recycling Ordinance and setting forth specifically the plan and procedure for the collection, disposition and recycling of the designated recyclable materials as mandated by the Teaneck Township Code aforesaid.
The requirements of Subsection (a) herein shall apply to any application for development for the construction of 50 or more units of single-family residential housing, 25 or more units of multifamily residential housing or any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
[Ord. No. 3045, 8-7-1986, § 1; Ord. No. 3166, 9-27-1988, § 1.]