The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision and site planning in the Township
of Liberty. It shall be administered to ensure orderly growth and
development, the conservation, protection and proper use of land and
adequate provisions for circulation, utilities and services in order
to assure and promote the comfort, health, safety, convenience and
general welfare of the municipality.
A.
Word usage. As used in this chapter, the term "shall" indicates a
mandatory requirement, and the term "may" indicates a permissive action.
B.
ADMINISTRATIVE OFFICER
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD OF ADJUSTMENT
BUILDING
CAPITAL IMPROVEMENT
CIRCULATION
COMMON OPEN SPACE
COMPLETE APPLICATION
CONDITIONAL USE
CONVENTIONAL
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
DAYS
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DIVISION
DRAINAGE
ENVIRONMENTAL COMMISSION
EROSION
FINAL APPROVAL
GOVERNING BODY
GROUPING
HISTORIC SITE
LAND
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MAYOR
MINOR SITE PLAN
MINOR SUBDIVISION
MULTIFAMILY DWELLING
MUNICIPAL AGENCY
MUNICIPALITY
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
OPEN SPACE DEVELOPMENT
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUALIFYING MAP
QUORUM
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
SEDIMENTATION
SITE PLAN
STANDARDS OF PERFORMANCE
STREET
STRUCTURE
SUBDIVISION
VARIANCE
ZONING PERMIT
Definitions. As used in this chapter, the following words and phrases
shall have the meanings ascribed to them in this section, unless the
context otherwise requires:
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance.
A developer submitting an application for development.
[Repealed 2-1-1988]
The Planning Board of the municipality, unless a different
agency is designated by ordinance.
The Board established pursuant to N.J.S.A. 40:55D-69 et seq.[1]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental aquisition of real property or a major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, 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 area within or related to a site designated as development
and designed and intended for the use or enjoyment of residents and
owners of the development. "Common open space" may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance as per § 90-6.1 of this chapter.
[Added 2-1-88]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance[2] and upon the issuance of an authorization therefor by
the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of the county in which the land or development
is located.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
A Zoning Ordinance,[3] Subdivision Ordinance, Site Plan Ordinance, Official Map
Ordinance or other municipal regulations of the use and development
of land, or amendment thereto, adopted and filed pursuant to this
chapter.
The Division of State and Regional Planning in the Department
of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
The chief legislative body of the municipality. In municipalities
having a Board of Public Works, "governing body" means such Board.
An aggregation of buildings served by common parking and
access, not separated by a topographic, natural or landscaped buffer.
[Added 6-3-1991 by Ord. No. 8-91]
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to federal, state or local laws.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
The chief executive of the municipality, whatever his official
designation may be, except that, in the case of municipalities governed
by a Municipal Council and Municipal Manager, the term "Mayor" shall
not mean the Municipal Manager, but shall mean the Mayor of such municipality.
A plan required prior to issuance of any permit for development
involving a change of use, addition or renovation to an existing structure
which constitutes less than 10% of the area of the structure or 3,500
square feet, whichever is the more restrictive. Such addition or renovation
shall not require amendments to traffic circulation, parking, wastewater
disposal, storm drainage or land disturbance in excess of 5,000 square
feet.
[Added 3-6-1995 by Ord. No. 3-95]
A subdivision of a parcel of land resulting in not more than
two lots and a remainder, fronting upon an existing state, county
or municipal street or road, not creating nor contributing to any
unusual drainage access problems and not adversely affecting the development
of the remainder of the parcel or joining property and not in conflict
with any provision of the Master Plan, Official Map, Zoning Ordinance[4] or this chapter. No subdivider or owner shall be entitled
to approval as a minor subdivision for any land, which has been subdivided
within 24 months immediately preceding the subdivision application.
Subdivision to adjust and for purposes of conveyance of parcel to
adjacent property owners to be annexed and incorporated with existing
lots shall be considered as minor subdivisions and shall not be subject
to the twenty-four-month time limitations.
[Amended 7-5-1988; 8-7-1989 by Ord. No. 6-89; 11-14-2002 by Ord. No. 2002-9]
A building designed or used as a residence of two or more
dwelling units, e.g., townhouses, patio houses or other units separated
by a vertical common wall but not exceeding 2 1/2 stories in
height.
[Added 6-3-1991 by Ord. No. 8-91]
A Municipal Planning Board or Board of Adjustment, or a governing
body of a municipality when acting pursuant to the Municipal Land
Use Law, and any agency which is created by or responsible to one
or more municipalities when such agency is acting pursuant to this
chapter.
Any city, borough, town, Township or village.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance[5] 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 a Zoning Ordinance[6] 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 a Zoning Ordinance[7] 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.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
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 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 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
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A tract of land to be developed according to plan containing
single-family detached housing or multifamily dwellings, which has
common or public open space as an appurtenance.
[Added 6-3-1991 by Ord. No. 8-91]
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice.
Any security which may be accepted by the Township, including
but not limited to surety bonds, letters of credit as permitted by
Section 16 of P.L. 1991, c. 256,[8] and cash.
[Amended 6-1-1992 by Ord. No. 15-92]
An area with a minimum contiguous acreage of at least 25
acres 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.
[Added 6-3-1991 by Ord. No. 8-91]
The Municipal Planning Board established pursuant to P.L.
1975, c. 291.[9]
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to § 90-8 of this chapter, prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the 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.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
A Master Plan, Capital Improvement Program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
A plat depicting a conventional single-family subdivision
conforming to all requirements of the land development ordinances
of the Township and indicating the number of conforming lots which
may be created by subdividing a parcel of land.
[Added 8-7-1989 by Ord. No. 6-89; amended 6-3-1991 by Ord. No.
8-91]
The majority of the full authorized membership of a municipal
agency.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to Article II of this chapter.
Standards adopted by ordinance regulating noise levels, glare,
earthborn or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and flammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality or standards required by applicable federal
or state laws or municipal ordinances.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by the Municipal
Land Use Law[10] 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.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
divisions of property by testamentary or intestate provisions; divisions
of property upon court order; and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
Permission to depart from the literal requirements of a Zoning
Ordinance pursuant to Sections 29.2b, 47, 57c and 57d of the Municipal
Land Use Law.[11]
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the Municipal Zoning Ordinance[12] or variance therefrom duly authorized by a municipal agency
pursuant to the provisions of this chapter.
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.
[8]
Editor's Note: See N.J.S.A. 40:55D-53.5.
[9]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[10]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[11]
Editor's Note: See N.J.S.A. 40:55D-40b, 55D-60 and 55D-70c
and d.
The Board of Adjustment shall have the power to grant, to the
same extent and subject to the same restrictions as the Planning Board,
subdivision or site plan approval pursuant to the provisions of this
chapter whenever the Board of Adjustment is reviewing an application
for approval of a variance to allow a structure or use in particular
cases and for special reasons pursuant to Section 57d of the Municipal
Land Use Law,[2] in which event all plats, plans and other materials required
to be submitted to the Planning Board pursuant to this chapter shall
be submitted to the Board of Adjustment.
