This chapter shall be known as the "Land Subdivision and Site
Plan Review Ordinance of the Borough of Wood-Ridge."
Such regulations are deemed necessary to protect the character,
stability and orderly development of all areas of the community; to
secure safety from fire, flood, panic and other natural and man-made
disasters and hazards; to encourage the proper location and design
of streets; to promote a desirable visual and aesthetic environment
through creative development techniques and good civic design and
arrangements; to promote the conservation of open space and valuable
resources; to prevent degradation of the environment through improper
land use; to provide adequate light, air and open space; and to 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.
A.
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.
B.
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
DEVELOPMENT
DRAINAGE
DRAINAGE RIGHT-OF-WAY
ENVIRONMENTAL COMMISSION
EROSION
FINAL APPROVAL
FLOOR AREA
GOVERNING BODY
HISTORIC SITE
INTERESTED PARTY
(1)
(2)
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
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 Construction Code Official of the Borough of Wood-Ridge.
[Amended 8-16-1982 by Ord. No. 12-82]
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 of the issuance of a permit pursuant
to law.
The Planning Board of the Borough of Wood-Ridge.
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 complete 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 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 530, 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 purpose of this chapter.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement 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.[2]
The removal of surface water or groundwater from land by
drains, grading or other means, including the 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.
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 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 any
space where floor-to-ceiling height shall be less than seven feet.
The Mayor and Borough Council of the Borough of Wood-Ridge.
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.
In the case of a civil proceeding in any court or an administrative
proceeding before a municipal agency, any person, whether residing
within or without the Borough of Wood-Ridge, 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 Wood-Ridge
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 Wood-Ridge which shall have been duly adopted by
the Wood-Ridge 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 Section
30 of the Act (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 Land Use Law (N.J.S.A. 40:55D-42).
Under the provisions of N.J.S.A. 52:32-4 et seq., 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 a profession is practiced
or wherein any combination thereof is performed or practiced in all
or the majority of such building or structure.
[Amended 10-20-1986 by Ord. No. 86-16]
A map and accompanying ordinance adopted by the governing
body of Wood-Ridge 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 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, 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 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 are submitted and filed
within the appropriate time schedules; and proof 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
are 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."
Any security which may be accepted by the Borough of Wood-Ridge,
including cash, provided that the Borough shall not require more than
10% of the total performance guaranty 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 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.
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 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.
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 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 30 feet distant from their joint intersection.
A development plan of one or more lots on which are 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.
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 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 STREETSStreets which are parallel 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 or 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
reproduction thereof.
The provisions and terms of Chapter 80, Land Use Procedures, shall apply herein for purposes of the administration and enforcement for this section specifically and this chapter generally.
The provisions and terms of Chapter 80, Land Use Procedures, shall apply herein for purposes of the administration and enforcement for this section specifically and this chapter generally regarding public hearings.
A.
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 Wood-Ridge. 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.
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.
