[Ord. No. 1811, § 2]
This chapter shall be known as the "Development Regulations
Ordinance of the Township of Teaneck."
[Ord. No. 1811, § 3; amended by Ord. No. 3141, 5-3-1988, § 2]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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 through creative development techniques and good civic
design and arrangements and to prevent the degradation of the environment
through the improper use of land.
[Ord. No. 1811, § 4; amended by 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]
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:
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.
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]
For purposes of historic preservation, any work done on any
improvement which:
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.
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.
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.
A horizontal area above the entrances or storefront window,
which is located between eight feet and 15 feet above curb level.
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.
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.
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.
A commercial sign that attracts attention to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
[Amended by Ord. No. 4-2015, 4-21-2015]
A billboard that is computer-controlled to electronically
change the advertising image on a frequent basis.
[Amended by Ord. No. 4-2015, 4-21-2015]
A billboard whose advertising image is fixed.
[Amended by Ord. No. 4-2015, 4-21-2015]
The area enclosed by intersecting streets, watercourses, railroads or parks [except, however, the special definition of "block" in § 33-23(f)(1)].[1]
The Board established pursuant to N.J.S.A. 40:55D-69 and Chapter 2 of the Township Code.
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.
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.
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]
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 § 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.
The average ground elevation shall be calculated by measuring
the ground elevation at ten-foot intervals around the perimeter of
the foundation.
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.
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.
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.
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.
A teaching facility which instructs in a business, trade
or skill, whether or not it is the primary use of the premises.
A restaurant or bar that has a stage upon which some form
of live entertainment, such as music, song, dance, recitation, or
drama, is performed.
[Added by Ord. No. 18-2023, 4-18-2023]
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.
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.
A type of wall-mounted sign consisting of fabricated or formed
three-dimensional letters, applied to a wall, which may accommodate
an internal light source.
[Added by Ord. No. 2-2019, 1-29-2019]
Any home or facility, by whatever name known, which is maintained
for the care, development, or supervision of six or more children
under 13 years of age who attend for less than 24 hours a day.
[Amended by Ord. No. 2-2022, 1-18-2022]
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.
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.
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.
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.
The Planning Board of the County of Bergen.
An open, uncovered and unoccupied space on the same lot with
a building.
Any court other than an outer court.
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.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A 30:5B-16
et seq.).
[Amended by Ord. No. 2-2022, 1-18-2022]
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.
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.
As defined in N.J.S.A. 2C:36-1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A building containing more than two dwelling units.
A detached building containing one dwelling unit.
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 rowhouse unit.
A detached building containing two dwelling units.
Two dwelling units contained in one building located in a
single lot, regardless of configuration.
Two dwelling units contained in one building, with each dwelling
unit located in a separate lot typically configured side by side.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
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.
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.
[Added by Ord. No. 7-2014, 4-29-2014]
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:
Museums;
Meeting, convention, exhibition and/or conference facilities;
Classrooms and instructional spaces;
Indoor zoos for small animals, including reptiles, birds and
butterflies and other insects;
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
Movie theaters, but not to exceed 50 seats per theater.
Permitted accessory uses include cafeteria, banquet halls and
restaurants, including kitchens, and food preparation areas; gift
shops; and administrative offices.
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.
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.
The ratio of gross floor area to the lot area.
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.
The Township Council.
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.
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.
A physician, dentist, osteopath, chiropractor, chiropodist,
psychologist and similar providers of health care licensed by the
State of New Jersey.
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.
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 § 33-21.2(e) hereof, as being of historical, archaeological, cultural, scenic or architectural significance.
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.
A professional office located within a dwelling and which
is conducted by the resident thereof, subject to the following restrictions
and limitations:
"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.
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.
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.
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.
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.
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.
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.
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.
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.
The area of a lot covered by buildings, structures, improved
surfaces and accessory uses, excluding grass pavers, permeable pavers
to the extent set forth below, 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. Permeable pavers, as hereinafter defined, shall be excluded
from lot coverage to the extent of 100% of the area of the lot covered
by permeable pavers.
[Amended by Ord. No. 4281, 1-22-2013; Ord. No. 13-2015, 3-24-2015; Ord. No. 30-2015, 12-15-2015]
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]
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.
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.
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.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
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.
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.
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 § 33-20 of this Code.
A building or group of buildings used primarily to provide
overnight shelter for transient automobile travelers for compensation.
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.
The Planning Board, Board of Adjustment or Township Council
of the Township of Teaneck, when acting pursuant to this chapter.
Any sign consisting of transparent glass or plastic tubing
radiating colored or white light.
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.
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.
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.
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.
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.
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.
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 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.
An area either within a structure or in the open for the
parking of a motor 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any security, which may be accepted by the Township, including
cash, provided that the Township shall not require more than 10% of
the total performance guaranty in cash.
Pavement materials that allow the movement of stormwater
to percolate and infiltrate through the surface area to the soil below.
[Added by Ord. No. 30-2015, 12-15-2015]
An area or areas where people gather for a common purpose.
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.
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.
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.
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.
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.
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.
The main purpose for which any lot and/or building is used.
A building or covered space used for the storage of one or
more motor vehicles without exacting compensation therefor.
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 Office
of the Secretary of Higher Education.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
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.
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."
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.
The use of land by a municipal, county, state or federal
agency or authority.
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.
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.
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.
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.
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.
A type of channel letter sign comprised of individual letters
that are independently mounted to a wall or other surface, with lights
mounted behind the letters that face the wall behind. Lights illuminate
the space around the channel letters rather than the channel letters
themselves, creating a halo effect.
[Added by Ord. No. 2-2019, 1-29-2019]
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.
An attached single-family dwelling in which vehicular access
and parking is located to the rear of the unit, and not facing a street.
[Added by Ord. No. 14-2017, 7-6-2017]
An apparatus which is designed for the purpose of receiving
and/or transmitting television, radio, microwave, satellite or similar
signals, commonly referred to as a "dish" antenna. Conventional television
antennas are excluded from this definition.
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.
A person over the age of 62 years.
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.
Any temporary portable exterior sign, including sandwich
boards.
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.
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.
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 § 33-18(c)(9)g hereof.
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.
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 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.
A development plan on which is shown the subdivision of land
into two or more lots for purposes of preliminary classification of
said subdivision.
Townhouses or rowhouses which have multiple units, typically
two in number, each unit having at least 1 1/2 or two full levels,
with one unit located partially or fully above or below the other
unit.
[Added by Ord. No. 14-2017, 7-6-2017]
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.
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.
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 Chairperson, 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.
Conveyances so as to combine existing lots by deed or other
instrument.
The term "subdivision" shall also include the term "resubdivision."
A plan which fully indicates sufficient surface water runoff
control measures to effectively minimize surface water runoff damage
before, during and after land disturbance.
Any artificially constructed pool, lake or pond located on
the same lot as the dwelling unit and accessory thereto. Pools erected
aboveground 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."
Any sign put up for a limited period of time for the purpose
of:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Displaying information regarding a special offer of products,
services or positions available;
Announcing special events, holidays or seasons and/or pertaining
to civic, religious, political or philanthropic activities; and/or
Construction, engineering or architectural work or a building
project or land improvement project.
A portable watertight chemical vault used by the public for
outings, bazaars or by contractors and their workmen at a construction
site.
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.
An attached single-family dwelling in which vehicular access
and parking is located at the front/street-facing facade.
[Amended by Ord. No. 14-2017, 7-6-2017]
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 Sections 47, 29.2b, 57c and 57d of Chapter 291
of the Laws of New Jersey 1975.[2] (Note: See N.J.S.A. 40:55D-1 et seq.)
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.
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.
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."
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.
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.
The area extending from the front yard to the rear yard and
lying between each side lot line and the building.
The Board established pursuant to N.J.S.A. 40:55D-69 and Chapter 2 of the Township Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
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 § 2-51.2 of this Code.
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[3] or variance therefrom.
[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; amended by Ord. No. 4062, 3-18-2008, §§ 3,
4]
(a)
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.
(b)
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.
(c)
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.
(d)
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; amended by 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 Article V, Zoning, or unless a variance has been granted by the appropriate Township authority for each and every nonconformity.
[Ord. No. 1811, § 9; amended by 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]
(b)
Escrow deposit.
(1)
The application fee 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
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.
(3)
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.
(c)
The application fees 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Ord. No. 1811, § 10]
The agreement dated September 12, 1977, as amended from time
to time, by and between the Teaneck Redevelopment Agency,[1] 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.
[1]
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.
[Added by Ord. No. 3045, 8-7-1986, § 1; amended by Ord. No. 3166, 9-27-1988, § 1; at time of adoption of Code (see Ch. 1,
General Provisions, Art. II)]
Checklists for site plans, minor subdivisions and major subdivision
preliminary plats are set forth in full on the schedules attached
to and made a part of this chapter by reference. These checklists
shall be published in summary form by reference to the same and are
available at the Township offices.
(a)
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 Chapter 19, Garbage and Refuse, Article IV, Recycling, 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.
(b)
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.
