Borough of East Rutherford, NJ General Provisions

A developer submitting an application for development.

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.

APPLICATION OF SPECIAL CONCERN

An application for development which involves one or more of the following:

[Added 7-21-2015 by Ord. No. 2015-07]

All retail development greater than 2,000 square feet;

All office and other commercial development;

All residential development over two dwelling units;

(4)

All industrial, warehouse/distribution or intermodal development;

(5)

Any application for site plan approval for a nonresidential use on a site adjacent to a one- or two-family residential use located in a residential zone; and

(6)

Any application that, in the opinion of the approving agency, may have a substantial impact on the environment.

APPROVING AUTHORITY

The Planning Board of East Rutherford or the East Rutherford Board of Adjustment, as the case may be.

BOARD

The Planning Board or Zoning Board of Adjustment of the Borough of East Rutherford, as more particularly provided for herein.

COMMON OPEN SPACE

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.

COMPLETE APPLICATION

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 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.

CONDITIONAL USE

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 389, Zoning, and upon the issuance of an authorization therefor by the Planning Board.

CONVENTIONAL DEVELOPMENT

Development other than planned development.

COUNTY PLANNING BOARD

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.

DAYS

The number of calendar days for the purposes of this chapter.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DEVELOPMENT

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.

DIVISION

The Division of State and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE

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.

DRAINAGE RIGHT-OF-WAY

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.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FINAL APPROVAL

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.

FLOOR AREA

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.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

GOVERNING BODY

The Mayor and Borough Council of the Borough of East Rutherford.

HISTORIC SITE

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 designed.

INTERESTED PARTY

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 East Rutherford, 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.

LAND

Includes improvements and fixtures on, above or below the ground surface.

LOT

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.

MAINTENANCE GUARANTY

Security, other than cash, which may be accepted by the Borough of East Rutherford for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Borough of East Rutherford which shall have been duly adopted by the East Rutherford Planning Board.

MINOR SITE PLAN

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

PARTY IMMEDIATELY CONCERNED

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.

MINOR SUBDIVISION

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 Law (N.J.S.A. 40:55D-42).

OFFICE BUILDING

Under the provision 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.

OFFICIAL MAP

A map and accompanying ordinance adopted by the governing body of East Rutherford 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.

OFF-SITE

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.

OFF-TRACT

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.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

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.

PERFECTED APPLICATION

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.

PERFORMANCE GUARANTY

Any security which may be accepted by the Borough of East Rutherford, including cash, provided that the borough shall not require more than the amount permitted by law in cash.

PERSON

Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust or other legal entity.

PHYSICAL HANDICAP

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 safety of that person.

PLAT

A map or maps of a subdivision or site plan pursuant to the provisions of this chapter.

PRELIMINARY APPROVAL

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.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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 AREAS

Includes:

Public parks, playgrounds, trails, paths and other recreational areas.

Other public open spaces.

Scenic and historic sites.

(4)

Sites for schools and other public buildings and structures.

PUBLIC BUILDING

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.

PUBLIC DRAINAGEWAY

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.

PUBLIC OPEN SPACE

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.

RESIDENTIAL CLUSTER

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.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portion of a development.

RESUBDIVISION

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.

SEDIMENTATION

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.

SIGHT TRIANGLE

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.

SITE PLAN

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.

SKETCH PLAT

The sketch plat of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of § 327-13 herein.

STREET

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 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.