For the purpose of this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them:
ALLEY OR SERVICEWAYPublic or private ways open to public use, primarily for service and access to the rear or side of the properties otherwise abutting on a street.
APPLICANTA developer submitting an application for development.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CIRCULATIONSystems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
COMMON OPEN SPACEAn 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 APPLICATIONAn application for development shall be deemed to be "complete" when the Planning Board or Zoning Board of Adjustment declares that all requirements for submission have been met and that all necessary documentation has been provided which is necessary for the Planning Board or Zoning Board of Adjustment to review and act on the application.
CONDITIONAL USEA 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 uses as contained in Chapter
650, Zoning.
A dead-end street or alley with a turnaround at the end.
DEVELOPERThe 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.
DEVELOPMENTThe 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 excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means and including control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
FINAL APPROVALThe official action of the Planning Board 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.
LANDIncludes improvements and fixtures on, above or below the surface.
LOTA 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 GUARANTYAny security, other than cash, which may be accepted by the Town of Irvington for the maintenance of any improvements required by this chapter.
MASTER PLANA composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MINOR SUBDIVISIONA subdivision of land that does not involve the creation of more than two lots, planned development, any new street or extension of any off-tract improvement.
OFFICIAL MAPA map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
OFF-SITELocated 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.
OFF-TRACTNot located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny parcel or land area or water essentially unimproved and set aside, dedicated, 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.
PARTY IMMEDIATELY CONCERNEDFor purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PERFORMANCE GUARANTYAny security which may be accepted by the Town, including cash, provided that the Town shall not require more than 10% of the total performance guaranty in cash.
PLANNED COMMERCIAL DEVELOPMENTAn area of minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENTPlanned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENTAn area of minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENTAn area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter
650, Zoning.
An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARDThe Municipal Planning Board established pursuant to N.J.S.A. 40:55D-23.
PLATA map or maps of a subdivision or site plan.
PRELIMINARY APPROVALThe conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PUBLIC AREASA. Public parks, playgrounds, trails, paths, other recreational areas;
Other public open spaces;
Scenic and historic sites; and
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSALA master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE RIGHT-OF-WAYThe land reserved or dedicated for the installation and maintenance of stormwater sewers, drainage ditches and sanitary sewers, 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.
PUBLIC OPEN SPACEAn open space area conveyed or otherwise dedicated to the Town, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
RESIDENTIAL CLUSTERAn 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 DENSITYThe number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development.
RESUBDIVISIONA. 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 not including conveyances so as to combine existing lots by deed or other instrument.
SEDIMENTATIONThe 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.
SITE PLANA development plan of one or more lots on which is shown:
A. 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.
Any other information reasonably required pursuant to this chapter.
STREETAny 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 as provided by this chapter, 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 of 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. For the purposes of this chapter, streets shall be classified as follows:
A. ARTERIAL STREETSThose which are used primarily for fast or heavy traffic and carry more than 500 vehicles per hour on a daily basis.
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, and carry from 200 through 500 vehicles per hour on a daily basis.
MINOR STREETSThose which are primarily for access to the abutting properties and carry less than 200 vehicles per hour on a daily basis.
STRUCTUREA 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.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division 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 property by testamentary or intestate provisions, divisions of property upon court order, and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEEA committee of three members of the Planning Board appointed by the Chairman of the Planning Board, which shall classify subdivisions in accordance with the provisions of this chapter and perform such other duties relating to land subdivision as may be delegated to it by such Board.