[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019]
The purpose of this chapter is to establish a pattern for the
use of land and buildings based on the Master Plan and to encourage
municipal action to guide the appropriate 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 or 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 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, number of stories, and
size of buildings and other structures; avoid a conflict with the
development and general welfare of neighboring municipalities, the
county and the state; establish appropriate population densities and
concentrations contributing to the well-being of persons, neighborhoods,
communities and regions and the preservation of the environment; provide
sufficient space for agricultural, 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 or blight; promote a desirable visual environment;
promote the conservation of open space and valuable natural resources;
and prevent urban sprawl and degradation of the environment through
improper use of land.
A.
The term "shall" indicates a mandatory requirement, and the term
"may" indicates a permissive action.
B.
ACT
ADMINISTRATIVE OFFICER
ADMINISTRATOR
BASE FLOOD
BOROUGH
BUILDING
CHANNEL
CLEARING and GRUBBING
COMMON OPEN SPACE
COMMUNITY BUILDING
CONDITIONAL USE
CONVENTIONAL SUBDIVISION
DENSITY
DEVELOPER
DEVELOPMENT REGULATION
DISTURBED AREA
DIVERSION
DRAINAGE
EROSION
EXCAVATING
EXPOSED CRITICAL AREA
FILING DATE
FILLING
FINAL APPROVAL
FLAT
FLOOD ENCROACHMENT PLAN
FLOOD HAZARD AREA
FLOOD LEVEL
FLOOD MAP
[2]
(1)
(a)
(b)
(2)
FLOODPLAIN
FLOODPROOFING
FLOODWAY
GRADING
GRADING PERMIT
GROSS DENSITY
GROSS USABLE AREA
HABITABLE FLOOR
HISTORIC SITE
IMPERVIOUS SURFACE
INTERESTED PARTY
LAND
LOT CLUSTER SUBDIVISION
MAINTENANCE GUARANTEE
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
MULCHING
MUNICIPAL AGENCY
NET RESIDENTIAL DENSITY
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
OPEN SPACE ORGANIZATION
OWNER
PERFORMANCE GUARANTEE
PERIOD OF EXPOSURE
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPER
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PROFESSIONAL ENGINEER
PUBLIC AREA
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESIDENTIAL DENSITY
RESIDENTIAL LOT CLUSTER DEVELOPMENT
RESIDENTIAL RE-LANDSCAPING
RESUBDIVISION
SEDIMENT
SEDIMENT BASIN
SITE
SITE PLAN
(1)
(2)
(3)
SITE PLAN EXEMPTION
(1)
(a)
(b)
(c)
(d)
SITE PLAN EXEMPTION PROCEDURE
SITE PLAN, MAJOR
SITE PLAN, MINOR
SITE PLAN REVIEW
SOIL
SOIL EROSION AND SEDIMENT CONTROL PLAN
STREET
STRIPPING
STRUCTURE
SUBDIVISION
(1)
(a)
(b)
(c)
(d)
(e)
(2)
SUBSTANTIAL IMPROVEMENT
(1)
(2)
TRANSCRIPT
ZONING PERMIT
For the purpose of this chapter, unless the context clearly indicates
a different meaning, the following terms shall have the meanings indicated:
The Municipal Land Use Law, Chapter 291, Laws of New Jersey
1975.[1]
The Director of the Department of Engineering and Development
unless a different municipal official or officials are designated
by this chapter.
The Federal Insurance Administrator.
The flood having a one-percent probability of being equaled
or exceeded in any given year, as determined by the Federal Insurance
Administrator.
The Borough of Lincoln Park.
A combination of material to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The bed and banks of a river, stream, drainage ditch or other
body of water which conveys the normal flow that occurs most of the
time.
The removal or disturbance of trees, stumps, and vegetation.
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 in perpetuity. Common open
space may contain such complementary structures and other improvements
as are necessary and appropriate for the use, enjoyment and ownership
of residents and owners of the development.
Any building designed and intended for the use of the residents
of a planned residential development for cultural, social and recreational
purposes.
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 28, Zoning, of the Code of the Borough of Lincoln Park and upon the issuance of an authorization therefor by the municipal agency.
Any subdivision other than a lot cluster subdivision.
The permitted number of dwelling units per gross area of
land to be developed.
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.
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 this chapter.
Any area subjected to clearing or grading.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
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 ensure the adequacy of existing and proposed culverts and bridges,
to include water recharge into the ground where practical, to lessen
non-point 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 wearing away of the land surface by the action of wind,
water, ice or gravity.
Removal of soil from its original location by tools or machinery.
An area in which erosion, calculated according to the method described in Article XII of this chapter, exceeds the allowable erosion as set forth in said article.
The date a development proposal shall be deemed to be complete
and received for filing by formal action of the municipal agency.
All time restrictions for taking action upon development proposals
or otherwise rendering a decision provided for this chapter shall
thereupon commence.
Man-made depositing of soil, rock or other materials.
The official action of the municipal agency 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 guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
A one-story apartment unit in buildings not to exceed 2 1/2
stories, provided that only two stories shall be occupied as living
area.
A plan drawn by a licensed New Jersey engineer or land surveyor submitted in conformance with Article X, Flood Damage Prevention, of this chapter. A separate flood encroachment plan and fee shall not be required if the information required under Article X has been included as part of an application for development.
The area of the floodplain subject to flood flow at lesser
depths and lower velocities than that which occurs in the floodway
and that is otherwise delineated on the flood map prepared by the
Department of Housing and Urban Development (HUD), Federal Insurance
Administration, as areas having special flood hazards.
The elevation indicated on the flood map.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community. The areas of special flood
hazard for the Borough of Lincoln Park, Community No. 345400, are
identified and defined on the following documents prepared by the
Federal Emergency Management Agency:
Flood Insurance Study, Borough of Lincoln Park, New Jersey,
Morris County, dated August 19, 1986.
Flood Insurance Rate Maps for the Borough of Lincoln Park, New
Jersey, Morris County, as shown on the two index panels (345300IND0
and 345300FND0), and the six map panels (3453000001, 3453000001B,
3453000002, 3453000002B, 3453000003, and 3453000003B), whose effective
date is August 19, 1986
The above documents are hereby adopted and declared to be a
part of this chapter. The Flood Insurance Study (FIS) and Flood Insurance
Rate Map (FIRM) are on file at the Borough of Lincoln Park Municipal
Building, 34 Chapel Hill Road, Lincoln Park, Morris County, New Jersey.
That area composed of the channel, floodway and flood hazard
area.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Land, and the space above that land, which lies within the
inner portion of the flood hazard area, and which is mathematically
determined to be required to carry and discharge floodwaters resulting
from the one-hundred-year flood under certain conditions. The floodway
always includes the channel and often includes land adjacent to the
channel. The floodway is normally characterized by faster and deeper
flows than the flood-fringe, which is the portion of the flood hazard
area outside the floodway. The floodway limits for any watercourse
shall be as determined by FEMA as published by a FEMA flood insurance
study or as determined by a New Jersey Department of Environmental
Protection approved delineation.[3]
Any stripping, excavating, filling, stockpiling or any combination
thereof.
A permit issued to authorize work to be performed under Article XII of this chapter.
The number of dwelling units per acre of gross usable area,
including streets, easements and usable open space of a development.
Land area not including bodies of water, watercourses, floodways,
floodplains having an existing grade four feet or more below the base
flood elevation, steep slopes in excess of 15% gradient, or land reserved
for public use.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a habitable floor except
in the case of commercial storage.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this municipality
and has been so designated.
Certain lot improvements impenetrable by water, including
but not limited to sidewalks, street pavement, driveways, patios and
buildings, expressed as a percentage arrived at by dividing the area
of impervious surface by the gross site area.
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.
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.
A subdivision which utilizes the provisions of Article XIV of this chapter.
Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter, including but not limited to surety bonds and letters of credit under the circumstances specified in § 17-6.13 of 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 adopted pursuant to the Act.
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 Article VII of this chapter.
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
The Municipal Planning Board, Zoning Board of Adjustment,
or governing body of the Borough when acting pursuant to this chapter.
The number of dwelling units per acre in connection with
any lot cluster or planned residential development, excluding in such
calculation any areas designated for common open space.
The map, with changes and additions thereto, adopted and
established from time to time by resolution of the Board of Chosen
Freeholders.
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
or any prior act authorizing such adoption. Such map shall be deemed
to be conclusive with respect to the location and width of the streets
and drainageways and the location and extent of flood control basins
and public areas.
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 portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application or 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 organization established pursuant to Article XV of this chapter for the ownership and maintenance of any common open space for the benefit of owners or residents of any lot cluster development or planned residential development or townhouse development where the individual townhouse units are to be offered for sale.
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land.
Any security which may be accepted by the Borough, including but not limited to surety bonds, letters of credit under the circumstances specified in § 17-6.13 of this chapter, and cash.
A period of time between the date of commencement of clearing,
grading or any other activity by the developer which may cause an
increase in erosion on the site and the date of effective control
of such erosion.
Planned unit development, planned unit residential development,
contiguous cluster or noncontiguous cluster, planned commercial development
or planned industrial development, all as more fully defined by N.J.S.A.
40:55D-3 et seq.[4]
Any developer of a proposed planned residential development.
An area with a specified minimum contiguous area of 50 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 Borough Planning Board established pursuant to this chapter.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Act[5] prior to final approval after specified elements of a
development plan have been agreed upon by the municipal agency and
the applicant.
An engineer duly registered or otherwise authorized by the
state to practice in the field of civil engineering.
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.
The number of dwelling units per acre of gross area, including
streets, easements and open space portions of a development.
The replacement or rearrangement of existing cultivated plant
material on property containing a one- or two-family dwelling, such
plant material to include grass, ground cover, flowers, trees and
shrubs. This definition does not include landscaping done by the builder
or owner at the time of or closely following original construction
of the dwelling and does not include replacement of wild or uncultivated
areas such as meadow or wood lawn with cultivated plant material.
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 solid material, both mineral and organic, that is in
suspension or that is being transported or has been moved from its
site of origin by air, water or gravity as a product of erosion.
A natural or man-made hollow to retain rock, sand, gravel,
silt or other material.
Any plot or parcel of land or combination of contiguous lots
or parcels of land where clearing or grading is performed or permitted.
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 the Act.
Shall apply to the following activities which shall be subject
to administrative review but otherwise exempt from Planning Board
review unless the Board elects to exercise jurisdiction following
notice of proposed action by the Administrative Officer:
The use or reoccupancy of any other land, building or structure
without a change of use or a substantial alteration or reconstruction
thereof following an affirmative finding by the municipal agency of
compliance with the following standards:
Compliance with the provisions of Chapter 28, Zoning.
There shall be no adverse effect of such use or alteration thereof
upon parking, traffic, drainage, fencing, exterior lighting, sidewalks,
or paving.
Adequate sanitary disposal and drainage facilities.
There shall be no adverse effect upon surrounding properties.
Shall apply to the use or reoccupancy of any land, building
or structure without change of permitted use or without any interior
or exterior alteration or reconstruction as otherwise provided in
this chapter.
All site plans that do not fall within the definition of
"site plan, minor" or "site plan exemption."
Any interior or exterior alteration, reconstruction or improvement
of not more than 500 square feet, provided that landscape, fence,
lighting or building facade improvements in excess of 500 square feet
may be processed as a minor site plan in the discretion of the Administrative
Officer.
A development review procedure required prior to the issuance
of any building permit or certificate of occupancy for any use, occupancy
or reoccupancy or for the construction, reconstruction, enlargement,
improvement or alteration of any land, building, structure, recreational
facility, roadway or parking area, except as provided under "site
plan exemption."
An unconsolidated mineral and organic material of whatever
origin that overlies bedrock.
A plan designed to prevent soil erosion and sedimentation and developed in accordance with the general and specific standards and specifications of Article XII of this chapter.
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 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.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
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 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, including but not limited
to judgments of foreclosure;
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 Borough.
The term "subdivision" shall also include the term "resubdivision."
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory or historic places.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
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 which certifies that the use, structure or building complies with the provisions of Chapter 28, Zoning, of this Code or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.[6]
