This chapter shall be known as the "Land Subdivision and Site
Plan Review Ordinance of the Borough of Wallington."
A.
Such regulations are deemed necessary to:
(1)
Protect the character, stability and orderly development of all areas
of the community.
(2)
Secure safety from fire, flood, panic and other natural and man-made
disasters and hazards.
(3)
Encourage the proper location and design of streets.
(4)
Promote a desirable visual and aesthetic environment through creative
development techniques and good civic design and arrangements.
(5)
Promote the conservation of open space and valuable resources.
(6)
Prevent degradation of the environment through improper land use.
(7)
Provide adequate light, air and open space.
(8)
Provide rules, regulations and procedures which will guide the appropriate
development of lands within the community in order to promote the
public health, safety, morals and general welfare.
B.
In addition to the above purposes, all those objectives set forth
in N.J.S.A. 40:55D-2, as amended and applicable hereto, are incorporated
herein by reference.
All amendments of this chapter shall be adopted in accordance
with the provisions of New Jersey law.
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided that where this chapter imposes
greater restrictions, the provisions of this chapter shall apply.
This chapter repeals all sections of the Land Subdivision Ordinance of the Borough of Wallington, the site plan sections in Chapter 365, Zoning, of the Code of the Borough of Wallington and the overlapping sections of Chapter 365, Zoning, of the Code of the Borough of Wallington pertaining to parking, loading docks or berths, landscaping and signs, and the same shall be and are hereby repealed.
Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as Chapter 365, Zoning, of the Code of the Borough of Wallington.
All applications for development made and filed prior to the
effective date of this chapter may be construed in accordance with
prior law, but any appeals arising out of decisions made on any such
application shall be governed by this chapter.
A.
Whenever a term is used in this chapter which is defined in P.L.
1975, c. 291, as amended,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Words used in the present tense include the future; the singular
number shall include the plural, and the plural the singular; the
word "structure" shall include the word "building"; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot"; the word "occupied" includes the words "designed
or intended to be occupied"; the word "used" shall include the words
"arranged, designed, constructed, altered, converted, rented, leased
or intended to be used"; and the word "may" is permissive.
C.
The definitions contained herein are intended to supplement and/or
mirror those definitions set forth in N.J.S.A. 40:55D-3 et seq. In
the event that a particular statutory definition is excluded herefrom
or in the further event that a definition set forth in this article
is at variance with the required statutory definition, then and in
such event the required statutory definition shall apply in the enforcement
of this chapter.
D.
ADMINISTRATIVE OFFICER
APPLICANT or DEVELOPER
(1)
(2)
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD
COMMON OPEN SPACE
COMPLETE APPLICATION
CONDITIONAL USE
CONVENTIONAL DEVELOPMENT
COUNTY PLANNING BOARD
DAYS
DENSITY
DEVELOPMENT
DIVISION
DRAINAGE
DRAINAGE RIGHT-OF-WAY
ENVIRONMENTAL COMMISSION
EROSION
FINAL APPROVAL
FLOOR AREA
FLOOR AREA RATIO
GOVERNING BODY
HISTORIC SITE
INTERESTED PARTY
LAND
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SITE PLAN
(1)
(2)
(3)
MINOR SUBDIVISION
OFFICE BUILDING
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFECTED APPLICATION
PERFORMANCE GUARANTY
PERSON
PHYSICAL HANDICAP
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC BUILDING
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
SEDIMENTATION
SIGHT TRIANGLE
SITE PLAN
SKETCH PLAT
STREET
(1)
(2)
(3)
(4)
STRUCTURE
SUBDIVISION
TRANSCRIPT
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter:
The Clerk of the municipality, unless a different municipal
official or officials are designated as such by statute.
A developer submitting an application for development.
The legal or beneficial owner or owners of a lot or of any land
proposed to be included in the proposed development, including the
holder of an option or contract to purchase or other person having
an enforceable proprietary interest in the land.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction for the issuance of a permit pursuant
to law.
The Planning Board of Wallington or the Wallington Board of Adjustment, as the case may be, as provided in § 330-9A.
The Planning Board or Zoning Board of Adjustment of the Borough
of Wallington, as more particularly provided for herein.
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.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of commencement of the time period
for action by the municipal agency.
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 Chapter 365, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
Development other than planned development.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
The number of calendar days for the purposes of this chapter.
The permitted number of dwelling units per gross area of
land to be developed.
The division of a parcel of land into two or more parcels
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill, any building or other structure
or land or extension of use of land for which permission may be required.
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground, where practical, to lessen
nonpoint pollution and to maintain the integrity of stream channels
for their biological functions as well as for drainage and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood.
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 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, which, in the case of subdivision, shall be filed
with the proper county recording officer. Final approval may also
encompass preliminary approval at the simultaneous time if, in the
opinion of the approving authority, both final approval and preliminary
approval may be granted in accordance with the rules and standards
required by law.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls in a building. Floor
area shall not include areas devoted to mechanical equipment serving
the building, stairways and elevators or areas devoted exclusively
to off-street parking and loading space for motor vehicles or to any
space where floor-to-ceiling height shall be less than seven feet.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The Mayor and Borough Council of the Borough of Wallington.
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.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey and, in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the Borough of Wallington,
whose right to use, acquire or enjoy property is affected by an action
taken under this chapter or whose rights to use, acquire or enjoy
property under this chapter or under any other law of this state or
the United States have been denied, violated or infringed by an action
or failure to act under this chapter.
Includes improvements and fixtures on, above or below the
ground 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.
Security, other than cash, which may be accepted by the Borough
of Wallington 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 Borough of Wallington which shall have been
duly adopted by the Wallington Planning Board.
A development plan of one or more lots which:
Proposes new development within the scope of development specifically
permitted by ordinance as a minor site plan;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
Any subdivision containing not more than three lots fronting
upon an existing street, provided that such subdivision does not involve
a planned unit development, any new street or the extension of any
off-tract improvement, the cost of which is to be prorated pursuant
to Section 30 of the Municipal Land Use Act (N.J.S.A. 40:55D-42).
Under the provisions of Chapter 220 of the Laws of 1975[2] pertaining to physically handicapped persons, a building
or structure of more than 10,000 square feet of gross floor area wherein
commercial or business activity or service is performed or practiced
in all or the majority of such building or structure.
A map and accompanying ordinance adopted by the governing
body of Wallington pursuant to law. Such a map shall be deemed to
be conclusive with respect to the location and width of streets and
public drainageways and the location and extent of flood control basins
and public areas, whether or not such streets, ways, basins or areas
are improved or unimproved or are in actual physical existence.
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 on 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, designed or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice.
One that is submitted in a proper and complete form, including
all required application forms, maps and reviews, prior to scheduling
of a public hearing, where required, or formal action being taken
by the approving authority; all required fees must be submitted and
filed within the appropriate time schedules; proof is required that
no taxes or assessments for local improvements are due or delinquent
on the property for which approval is sought; and all other governmental
approvals must be received by the approving authority within the required
time periods. This definition is to be read in pari materia with the
definition of "complete application" in this section.
Any security which may be accepted by the Borough of Wallington,
including cash, provided that the Borough shall not require more than
the amount permitted by law in cash.
Any individual, firm, association, partnership, corporation,
syndicate, copartnership, trust or other legal entity.
A physical impairment which confines a person to a wheelchair;
causes a person to walk with difficulty or insecurity; affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger; causes faulty coordination;
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed for the safety of that person.
A map or maps of a subdivision or site plan pursuant to the
provisions of this chapter.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the approving authority 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.
Includes:
Under the provisions of Chapter 220 of the Laws of 1975[3] pertaining to physically handicapped persons, any building,
structure, facility or complex used by the general public, including
but not limited to theaters, concert halls, auditoriums, museums,
schools, libraries, recreational facilities, public transportation
terminals and stations, factories, office buildings, business establishments,
passenger vehicle service stations, shopping centers, hotels or motels
and public eating places constructed by any state, county or municipal
government agency or instrumentality or any private individual, partnership,
association or corporation, with the following exceptions: one- to
four-family private residences, warehouse storage areas and all buildings
classified as hazardous occupancies. As used herein, "hazardous occupancy"
means the occupancy or use of a building or structure or any portion
thereof that involves highly combustible, highly flammable or explosive
material or which has inherent characteristics that constitute a special
fire hazard.
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 biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
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.
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 portion of
a development.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A triangle-shaped easement established at the intersection
of two streets or a driveway and a street in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
obstruct vision over a height of three feet above the curb level of
the street or driveway. The Borough shall have the right of entry
to remove any obstruction to vision within the sight area not conforming
to the standards of this definition, following due notice to the property
owner. Said triangle shall be determined along such street lot lines
or edge of driveway 25 feet distant from their joint intersection.
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 this
chapter.
The sketch plat of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of § 330-13 herein.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by the Municipal Land Use
Act;[4] or which is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks and parking areas within the street. For the purpose of
this chapter, "streets" shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
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 or
extension of utilities is required: divisions of land found by the
approving authority 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, including but not limited to judgments of foreclosures; consolidation
of existing lots by deed or other recorded instrument; and the conveyance
of one or more adjoining lots, tracts or parcels of land owned by
the same person or persons and all of which are found and certified
by the administrative officer to conform to the requirements of the
municipal development regulations and are shown and designated as
separate lots, tracts or parcels on the Tax Map or Atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
A.
The provisions and terms of Chapter 75, Land Use Procedures, of the Code of the Borough of Wallington shall apply herein for purposes of the administration and enforcement of this section specifically and this chapter generally.
A.
Relaxation of rules. The rules, regulations and standards contained
herein shall be considered the minimum requirements for the protection
of the public health, safety and welfare of the citizens of the Borough
of Wallington. Any action taken under the terms of this chapter shall
give primary consideration to the above-mentioned matters and to the
welfare of the entire community. 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 impracticable 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.
B.
The waiver provisions of this section shall be applicable to the
entire chapter herein except where specifically prohibited by law.
C.
Any waiver provided hereunder by the approving authority shall be
specified in the written resolution of approval, whether conditional
or otherwise, with the reasons for granting such waiver also specified.
