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Borough of Lincoln Park, NJ
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2024-05-20
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Development Regulations
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Chapter 17 Land Development Review
Part I: Administrative Legislation
Ch 1
General Provisions
Ch 5
Administration of Government
Ch 13
Contracts
Ch 16
Court, Municipal
Ch 27
Ethics, Code of
Ch 34
Fees
Ch 39
Fire Department
Ch 55
Intermunicipal Services Agreement
Ch 73
Library, Public
Ch 88
Pensions
Ch 91
Personnel
Ch 96
Police, Contracted Off-Duty Employment
Ch 99
Police Department
Ch 115
Salaries and Compensation
Ch 120
Tax Exemptions
Ch 143
Vital Statistics
Part II: General Legislation
Ch 160
Alarm Devices
Ch 163
Alcoholic Beverages
Ch 167
Amusements and Amusement Devices
Ch 175
Blasting
Ch 186
Buildings, Numbering of
Ch 190
Business and Rental Unit Liability Insurance
Ch 191
Businesses
Ch 198
Christmas Tree Sales
Ch 206
Condominiums
Ch 210
Construction Activities
Ch 213
Construction Codes, Uniform
Ch 219
Curfew
Ch 227
Dogs and Other Animals
Ch 230
Donation Clothing Bins
Ch 234
Drainage
Ch 238
Drugs and Drug Paraphernalia
Ch 245
Dwellings, Unfit
Ch 250
Electric and/or Natural Gas Aggregation Program
Ch 256
Filmmaking
Ch 260
Firearms
Ch 264
Fire Prevention and Protection
Ch 269
Food and Food Establishments
Ch 277
Games of Chance
Ch 283
Grease Traps
Ch 286
Hazardous Materials
Ch 310
Lead-Based Paint Inspections
Ch 316
Littering
Ch 321
Massage, Bodywork and Somatic Establishments
Ch 335
Parking, Off-Street
Ch 339
Parks and Recreation
Ch 344
Peddling, Soliciting and Vending
Ch 352
Property Maintenance
Ch 358
Public Health Nuisances
Ch 364
Recreational Vehicles, Trailer Parks and Campgrounds
Ch 367
Residential Property Maintenance
Ch 375
Salt Storage, Privately Owned
Ch 384
Sewers and Sewage Disposal
Ch 390
Smoke-Free Public Places and Workplaces
Ch 395
Solid Waste
Ch 408
Streets and Sidewalks
Ch 414
Swimming Pools
Ch 419
Taxicabs
Ch 426
Towing
Ch 434
Trees and Shrubs
Ch 450
Vehicles and Traffic
Ch 461
Water
Ch 465
Water Emergencies
Ch 469
Water Supply, Individual and Semipublic
Development Regulations
Ch 17
Land Development Review
Ch 17 Art I
Purpose and Definitions
§ 17-1.1
Purpose.
§ 17-1.2
Definitions.
Ch 17 Art II
Planning Board
§ 17-2.1
Establishment; membership.
§ 17-2.2
Terms of office.
§ 17-2.3
Vacancies.
§ 17-2.4
Organization.
§ 17-2.5
Planning Board Attorney.
§ 17-2.6
Experts and staff.
§ 17-2.7
Powers and duties.
§ 17-2.8
Alternate members.
§ 17-2.9
Rules and regulations.
§ 17-2.10
Exceptions in applications for subdivision, site plan or conditional use approval.
Ch 17 Art III
Zoning Board of Adjustment
§ 17-3.1
Establishment; membership.
§ 17-3.2
Organization.
§ 17-3.3
Zoning Board of Adjustment Attorney.
§ 17-3.4
Experts and staff.
§ 17-3.5
Rules and regulations.
§ 17-3.6
Powers and duties.
§ 17-3.7
Appeals and applications for development.
§ 17-3.8
Power to reverse or modify decisions.
§ 17-3.9
Expiration of variance.
§ 17-3.10
Powers granted by law.
§ 17-3.11
Additional powers.
§ 17-3.12
Exceptions in applications for subdivision, site plan or conditional use approval.
§ 17-3.13
Time for decision.
§ 17-3.14
Appeals from Zoning Board of Adjustment to governing body.
Ch 17 Art IV
General Provisions Applicable to Planning Board and Zoning Board of Adjustment
§ 17-4.1
Conflict of interest.
§ 17-4.2
Regular meetings.
§ 17-4.3
Minutes.
§ 17-4.4
Fees.
§ 17-4.5
Hearings.
§ 17-4.6
Notice requirements for hearing.
§ 17-4.7
Decisions.
§ 17-4.8
Publication of decision.
§ 17-4.9
Proof of payment of taxes or assessments.
§ 17-4.10
Tolling of running of period of approval.
§ 17-4.11
County Planning Board approval.
§ 17-4.12
Synopsis of time periods for decision.
Ch 17 Art V
Fees
§ 17-5.1
Development review fees.
§ 17-5.2
Inspection and professional service fees.
§ 17-5.3
Inspection fees and costs.
§ 17-5.4
Miscellaneous additional fees.
§ 17-5.5
Payment of fees.
§ 17-5.6
Abatement of fees.
Ch 17 Art VI
Development Review Procedures
§ 17-6.1
Scope of applicability and procedure for filing.
§ 17-6.2
Jurisdiction.
§ 17-6.3
Informal review of concept plan for development.
§ 17-6.4
Complete application.
§ 17-6.5
Checklists for complete application.
§ 17-6.6
Site plan exemption procedure.
§ 17-6.7
Minor development proposals.
§ 17-6.8
Major development proposals.
§ 17-6.9
Final major development proposals.
§ 17-6.10
Conditional uses.
§ 17-6.11
Appeals and applications to Zoning Board of Adjustment.
§ 17-6.12
Appeals from Planning Board to governing body.
§ 17-6.13
Guarantees required; surety; release.
§ 17-6.14
Subdivision certificate.
§ 17-6.15
Zoning permits.
§ 17-6.16
Effect of preliminary and final development approval.
§ 17-6.17
Use of construction equipment on Borough streets.
§ 17-6.18
Developer's agreement.
Ch 17 Art VII
Off-Site and Off-Tract Improvements
§ 17-7.1
Approval prerequisites.
§ 17-7.2
Determination of nature of improvement.
§ 17-7.3
Assessment of properties.
§ 17-7.4
Developer's share of cost for improvements not installed by developer.
Ch 17 Art VIII
Plat Design Standards for Major Subdivisions
§ 17-8.1
Preliminary plat.
§ 17-8.2
Final plat.
§ 17-8.3
Improvements required before final approval.
§ 17-8.4
General design standards.
§ 17-8.5
Street design standards.
§ 17-8.6
Block design standards.
§ 17-8.7
Lot design standards.
§ 17-8.8
Public use and service areas.
§ 17-8.9
Stormwater control standards.
Ch 17 Art IX
Plat Design Standards for Major Site Plans
§ 17-9.1
Preliminary site plat.
§ 17-9.2
Final site plat.
§ 17-9.3
Review standards.
Ch 17 Art X
Flood Damage Prevention
§ 17-10.1
Statutory authorization.
§ 17-10.2
Finding of fact.
§ 17-10.3
Statement of purpose.
§ 17-10.4
Methods of reducing flood losses.
§ 17-10.5
Definitions.
§ 17-10.6
General provisions.
§ 17-10.7
Administration.
§ 17-10.8
Provisions for flood hazard reduction.
§ 17-10.9
Issuance of permits.
Ch 17 Art XI
Stormwater Management
§ 17-11.1
Stormwater control.
Ch 17 Art XII
Soil Erosion and Sediment Control
§ 17-12.1
Title; findings; purpose.
§ 17-12.2
Grading permit.
§ 17-12.3
Design principles and development standards.
§ 17-12.4
Inspection; enforcement.
§ 17-12.5
Permit application fees.
§ 17-12.6
Violations and penalties.
§ 17-12.7
When effective.
Ch 17 Art XIII
Soil Removal
§ 17-13.1
Soil removal permit required; exceptions.
§ 17-13.2
Permit application; topographical maps.
§ 17-13.3
Hearing before governing body.
§ 17-13.4
Operations generally.
§ 17-13.5
Removal of topsoil.
§ 17-13.6
Bond.
§ 17-13.7
Compliance; responsibility of municipal agency.
§ 17-13.8
Fees.
Ch 17 Art XIV
Design Standards for Residential Lot Cluster Subdivisions
§ 17-14.1
Residential lot cluster development standards.
§ 17-14.2
General standards.
§ 17-14.3
Development review.
§ 17-14.4
Special procedures for residential lot cluster subdivision proposals.
§ 17-14.5
Design standards for common open space.
§ 17-14.6
Dedication of lands to Borough.
Ch 17 Art XV
Standards for Establishment of Open Space Organization
§ 17-15.1
Open space organization required.
§ 17-15.2
Activation of open space organization.
§ 17-15.3
Membership.
§ 17-15.4
Disposal of land.
§ 17-15.5
Failure to maintain open space or recreation areas.
§ 17-15.6
Assessment of maintenance costs.
§ 17-15.7
Adoption of binding rules and regulations.
§ 17-15.8
Filing documents.
Ch 17 Art XVI
Planned Residential Development
§ 17-16.1
General provisions.
§ 17-16.2
Pre-application procedures.
§ 17-16.3
Preliminary application procedures.
§ 17-16.4
Final application procedures.
§ 17-16.5
Staged development.
§ 17-16.6
Abandonment.
§ 17-16.7
Development standards.
§ 17-16.8
Common open space.
§ 17-16.9
On-tract and off-tract improvements and utilities.
Ch 17 Art XVII
Airport Hazard District
§ 17-17.1
Conformity with zoning regulations.
Ch 17 Art XVIII
Development of Steep Slopes
§ 17-18.1
Regulations for steep slopes.
Ch 17 Art XIX
Affordable Housing
§ 17-19.1
Authority and purpose.
§ 17-19.2
Monitoring and reporting requirements.
§ 17-19.3
Definitions.
§ 17-19.4
Applicability.
§ 17-19.5
Alternative living arrangements.
§ 17-19.6
Phasing schedule for inclusionary zoning.
§ 17-19.7
New construction.
§ 17-19.8
Utilities.
§ 17-19.9
Occupancy standards.
§ 17-19.10
Control periods for restricted ownership units and enforcement mechanisms.
§ 17-19.11
Price restrictions for restricted ownership units, homeowner association fees and resale prices.
§ 17-19.12
Buyer income eligibility.
§ 17-19.13
Limitations on indebtedness secured by ownership unit; subordination.
§ 17-19.14
Capital improvements to ownership units.
§ 17-19.15
Control periods for restricted rental units.
§ 17-19.16
Rent restrictions for rental units; leases.
§ 17-19.17
Tenant income eligibility.
§ 17-19.18
Municipal Housing Liaison.
§ 17-19.19
Administrative agent.
§ 17-19.20
Affirmative marketing requirements.
§ 17-19.21
Enforcement of affordable housing regulations.
§ 17-19.22
Appeals.
Ch 17 Art XX
Development Fees
§ 17-20.1
Authority; purpose.
§ 17-20.2
When effective; spending plan.
§ 17-20.3
Definitions.
§ 17-20.4
Residential development fees.
§ 17-20.5
Nonresidential development fees.
§ 17-20.6
Collection procedures; appeals.
§ 17-20.7
Affordable Housing Trust Fund.
§ 17-20.8
Use of funds.
§ 17-20.9
Monitoring.
§ 17-20.10
Ongoing collection of fees.
Ch 17 Art XXI
General Provisions
§ 17-21.1
Construal of terms.
§ 17-21.2
Repealer.
§ 17-21.3
Severability.
§ 17-21.4
Title.
§ 17-21.5
Copy to be filed with County Planning Board.
Ch 17 Art XXII
Electric Vehicle Infrastructure
§ 17-22.1
Purpose.
§ 17-22.2
Definitions.
§ 17-22.3
Approvals and permits.
§ 17-22.4
Requirements for new installation of EVSE and make-ready parking spaces.
§ 17-22.5
Minimum parking requirements.
§ 17-22.6
Reasonable standards for all new EVSE and make-ready parking spaces.
Ch 24
Stormwater Management
Ch 28
Zoning
Derivation Table
Ch DT
Derivation Table
Disposition List
Ch DL
Disposition List
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Chapter 17
Land Development Review
[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park
3-19-2012
, effective
4-8-2012
. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Checklists
Article I
Purpose and Definitions
chevron_right
§ 17-1.1
Purpose.
chevron_right
§ 17-1.2
Definitions.
chevron_right
Article II
Planning Board
chevron_right
§ 17-2.1
Establishment; membership.
chevron_right
§ 17-2.2
Terms of office.
chevron_right
§ 17-2.3
Vacancies.
chevron_right
§ 17-2.4
Organization.
chevron_right
§ 17-2.5
Planning Board Attorney.
chevron_right
§ 17-2.6
Experts and staff.
chevron_right
§ 17-2.7
Powers and duties.
chevron_right
§ 17-2.8
Alternate members.
chevron_right
§ 17-2.9
Rules and regulations.
chevron_right
§ 17-2.10
Exceptions in applications for subdivision, site plan or conditional use approval.
chevron_right
Article III
Zoning Board of Adjustment
chevron_right
§ 17-3.1
Establishment; membership.
chevron_right
§ 17-3.2
Organization.
chevron_right
§ 17-3.3
Zoning Board of Adjustment Attorney.
chevron_right
§ 17-3.4
Experts and staff.
chevron_right
§ 17-3.5
Rules and regulations.
chevron_right
§ 17-3.6
Powers and duties.
chevron_right
§ 17-3.7
Appeals and applications for development.
chevron_right
§ 17-3.8
Power to reverse or modify decisions.
chevron_right
§ 17-3.9
Expiration of variance.
chevron_right
§ 17-3.10
Powers granted by law.
chevron_right
§ 17-3.11
Additional powers.
chevron_right
§ 17-3.12
Exceptions in applications for subdivision, site plan or conditional use approval.
chevron_right
§ 17-3.13
Time for decision.
chevron_right
§ 17-3.14
Appeals from Zoning Board of Adjustment to governing body.
chevron_right
Article IV
General Provisions Applicable to Planning Board and Zoning Board of Adjustment
chevron_right
§ 17-4.1
Conflict of interest.
chevron_right
§ 17-4.2
Regular meetings.
chevron_right
§ 17-4.3
Minutes.
chevron_right
§ 17-4.4
Fees.
chevron_right
§ 17-4.5
Hearings.
chevron_right
§ 17-4.6
Notice requirements for hearing.
chevron_right
§ 17-4.7
Decisions.
chevron_right
§ 17-4.8
Publication of decision.
chevron_right
§ 17-4.9
Proof of payment of taxes or assessments.
chevron_right
§ 17-4.10
Tolling of running of period of approval.
chevron_right
§ 17-4.11
County Planning Board approval.
chevron_right
§ 17-4.12
Synopsis of time periods for decision.
chevron_right
Article V
Fees
chevron_right
§ 17-5.1
Development review fees.
chevron_right
§ 17-5.2
Inspection and professional service fees.
chevron_right
§ 17-5.3
Inspection fees and costs.
chevron_right
§ 17-5.4
Miscellaneous additional fees.
chevron_right
§ 17-5.5
Payment of fees.
chevron_right
§ 17-5.6
Abatement of fees.
chevron_right
Article VI
Development Review Procedures
chevron_right
§ 17-6.1
Scope of applicability and procedure for filing.
chevron_right
§ 17-6.2
Jurisdiction.
chevron_right
§ 17-6.3
Informal review of concept plan for development.
chevron_right
§ 17-6.4
Complete application.
chevron_right
§ 17-6.5
Checklists for complete application.
chevron_right
§ 17-6.6
Site plan exemption procedure.
chevron_right
§ 17-6.7
Minor development proposals.
chevron_right
§ 17-6.8
Major development proposals.
chevron_right
§ 17-6.9
Final major development proposals.
chevron_right
§ 17-6.10
Conditional uses.
chevron_right
§ 17-6.11
Appeals and applications to Zoning Board of Adjustment.
chevron_right
§ 17-6.12
Appeals from Planning Board to governing body.
chevron_right
§ 17-6.13
Guarantees required; surety; release.
chevron_right
§ 17-6.14
Subdivision certificate.
chevron_right
§ 17-6.15
Zoning permits.
chevron_right
§ 17-6.16
Effect of preliminary and final development approval.
chevron_right
§ 17-6.17
Use of construction equipment on Borough streets.
chevron_right
§ 17-6.18
Developer's agreement.
chevron_right
Article VII
Off-Site and Off-Tract Improvements
chevron_right
§ 17-7.1
Approval prerequisites.
chevron_right
§ 17-7.2
Determination of nature of improvement.
chevron_right
§ 17-7.3
Assessment of properties.
chevron_right
§ 17-7.4
Developer's share of cost for improvements not installed by developer.
chevron_right
Article VIII
Plat Design Standards for Major Subdivisions
chevron_right
§ 17-8.1
Preliminary plat.
chevron_right
§ 17-8.2
Final plat.
chevron_right
§ 17-8.3
Improvements required before final approval.
chevron_right
§ 17-8.4
General design standards.
chevron_right
§ 17-8.5
Street design standards.
chevron_right
§ 17-8.6
Block design standards.
chevron_right
§ 17-8.7
Lot design standards.
chevron_right
§ 17-8.8
Public use and service areas.
chevron_right
§ 17-8.9
Stormwater control standards.
chevron_right
Article IX
Plat Design Standards for Major Site Plans
chevron_right
§ 17-9.1
Preliminary site plat.
chevron_right
§ 17-9.2
Final site plat.
chevron_right
§ 17-9.3
Review standards.
chevron_right
Article X
Flood Damage Prevention
chevron_right
§ 17-10.1
Statutory authorization.
chevron_right
§ 17-10.2
Finding of fact.
chevron_right
§ 17-10.3
Statement of purpose.
chevron_right
§ 17-10.4
Methods of reducing flood losses.
chevron_right
§ 17-10.5
Definitions.
chevron_right
§ 17-10.6
General provisions.
chevron_right
§ 17-10.7
Administration.
chevron_right
§ 17-10.8
Provisions for flood hazard reduction.
chevron_right
§ 17-10.9
Issuance of permits.
chevron_right
Article XI
Stormwater Management
chevron_right
§ 17-11.1
Stormwater control.
chevron_right
Article XII
Soil Erosion and Sediment Control
chevron_right
§ 17-12.1
Title; findings; purpose.
chevron_right
§ 17-12.2
Grading permit.
chevron_right
§ 17-12.3
Design principles and development standards.
chevron_right
§ 17-12.4
Inspection; enforcement.
chevron_right
§ 17-12.5
Permit application fees.
chevron_right
§ 17-12.6
Violations and penalties.
chevron_right
§ 17-12.7
When effective.
chevron_right
Article XIII
Soil Removal
chevron_right
§ 17-13.1
Soil removal permit required; exceptions.
chevron_right
§ 17-13.2
Permit application; topographical maps.
chevron_right
§ 17-13.3
Hearing before governing body.
chevron_right
§ 17-13.4
Operations generally.
chevron_right
§ 17-13.5
Removal of topsoil.
chevron_right
§ 17-13.6
Bond.
chevron_right
§ 17-13.7
Compliance; responsibility of municipal agency.
chevron_right
§ 17-13.8
Fees.
chevron_right
Article XIV
Design Standards for Residential Lot Cluster Subdivisions
chevron_right
§ 17-14.1
Residential lot cluster development standards.
chevron_right
§ 17-14.2
General standards.
chevron_right
§ 17-14.3
Development review.
chevron_right
§ 17-14.4
Special procedures for residential lot cluster subdivision proposals.
chevron_right
§ 17-14.5
Design standards for common open space.
chevron_right
§ 17-14.6
Dedication of lands to Borough.
chevron_right
Article XV
Standards for Establishment of Open Space Organization
chevron_right
§ 17-15.1
Open space organization required.
chevron_right
§ 17-15.2
Activation of open space organization.
chevron_right
§ 17-15.3
Membership.
chevron_right
§ 17-15.4
Disposal of land.
chevron_right
§ 17-15.5
Failure to maintain open space or recreation areas.
chevron_right
§ 17-15.6
Assessment of maintenance costs.
chevron_right
§ 17-15.7
Adoption of binding rules and regulations.
chevron_right
§ 17-15.8
Filing documents.
chevron_right
Article XVI
Planned Residential Development
chevron_right
§ 17-16.1
General provisions.
chevron_right
§ 17-16.2
Pre-application procedures.
chevron_right
§ 17-16.3
Preliminary application procedures.
chevron_right
§ 17-16.4
Final application procedures.
chevron_right
§ 17-16.5
Staged development.
chevron_right
§ 17-16.6
Abandonment.
chevron_right
§ 17-16.7
Development standards.
chevron_right
§ 17-16.8
Common open space.
chevron_right
§ 17-16.9
On-tract and off-tract improvements and utilities.
chevron_right
Article XVII
Airport Hazard District
chevron_right
§ 17-17.1
Conformity with zoning regulations.
chevron_right
Article XVIII
Development of Steep Slopes
chevron_right
§ 17-18.1
Regulations for steep slopes.
chevron_right
Article XIX
Affordable Housing
chevron_right
§ 17-19.1
Authority and purpose.
chevron_right
§ 17-19.2
Monitoring and reporting requirements.
chevron_right
§ 17-19.3
Definitions.
chevron_right
§ 17-19.4
Applicability.
chevron_right
§ 17-19.5
Alternative living arrangements.
chevron_right
§ 17-19.6
Phasing schedule for inclusionary zoning.
chevron_right
§ 17-19.7
New construction.
chevron_right
§ 17-19.8
Utilities.
chevron_right
§ 17-19.9
Occupancy standards.
chevron_right
§ 17-19.10
Control periods for restricted ownership units and enforcement mechanisms.
chevron_right
§ 17-19.11
Price restrictions for restricted ownership units, homeowner association fees and resale prices.
chevron_right
§ 17-19.12
Buyer income eligibility.
chevron_right
§ 17-19.13
Limitations on indebtedness secured by ownership unit; subordination.
chevron_right
§ 17-19.14
Capital improvements to ownership units.
chevron_right
§ 17-19.15
Control periods for restricted rental units.
chevron_right
§ 17-19.16
Rent restrictions for rental units; leases.
chevron_right
§ 17-19.17
Tenant income eligibility.
chevron_right
§ 17-19.18
Municipal Housing Liaison.
chevron_right
§ 17-19.19
Administrative agent.
chevron_right
§ 17-19.20
Affirmative marketing requirements.
chevron_right
§ 17-19.21
Enforcement of affordable housing regulations.
chevron_right
§ 17-19.22
Appeals.
chevron_right
Article XX
Development Fees
chevron_right
§ 17-20.1
Authority; purpose.
chevron_right
§ 17-20.2
When effective; spending plan.
chevron_right
§ 17-20.3
Definitions.
chevron_right
§ 17-20.4
Residential development fees.
chevron_right
§ 17-20.5
Nonresidential development fees.
chevron_right
§ 17-20.6
Collection procedures; appeals.
chevron_right
§ 17-20.7
Affordable Housing Trust Fund.
chevron_right
§ 17-20.8
Use of funds.
chevron_right
§ 17-20.9
Monitoring.
chevron_right
§ 17-20.10
Ongoing collection of fees.
chevron_right
Article XXI
General Provisions
chevron_right
§ 17-21.1
Construal of terms.
chevron_right
§ 17-21.2
Repealer.
chevron_right
§ 17-21.3
Severability.
chevron_right
§ 17-21.4
Title.
chevron_right
§ 17-21.5
Copy to be filed with County Planning Board.
chevron_right
Article XXII
Electric Vehicle Infrastructure
chevron_right
§ 17-22.1
Purpose.
chevron_right
§ 17-22.2
Definitions.
chevron_right
§ 17-22.3
Approvals and permits.
chevron_right
§ 17-22.4
Requirements for new installation of EVSE and make-ready parking spaces.
chevron_right
§ 17-22.5
Minimum parking requirements.
chevron_right
§ 17-22.6
Reasonable standards for all new EVSE and make-ready parking spaces.
chevron_right