A.
The purpose of this chapter is to provide rules, regulations and
standards to guide land subdivision and site plan review in the Town
of Irvington in order to promote the public health, safety, convenience,
morals and general welfare. It shall be administered to ensure the
orderly growth and development of the Town, the conservation, protection
and proper use of land and adequate provisions for circulation, utilities
and services, and to achieve the purposes set forth in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
B.
The rules, regulations and standards set forth in this chapter shall
be considered the basic requirements for the protection of the public
health, safety and welfare of the citizens of the Town of Irvington.
Any action taken by the Planning Board, Zoning Board of Adjustment
or Municipal Council under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.
For the purpose of this chapter, unless the context otherwise
requires, the following words and phrases shall have the meanings
respectively ascribed to them:
Public 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.
A developer submitting an application for development.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
Systems, 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.
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 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.
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 uses as contained in Chapter 650, Zoning.
A dead-end street or alley with a turnaround at the end.
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.
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 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.
The 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.
The 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.
Includes improvements and fixtures on, above or below the
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.
Any security, other than cash, which may be accepted by the
Town of Irvington 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 the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
A 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.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
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 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.
For 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.
Any 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.
An 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 unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An 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.
An 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.
The Municipal Planning Board established pursuant to N.J.S.A.
40:55D-23.
A map or maps of a subdivision or site plan.
The 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.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The 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.
An 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.
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 number of dwelling units per gross acre of residential
land, including streets, easements and open space portions of a development.
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.
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 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.
Any other information reasonably required 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 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:
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.
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 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."
A 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.
The Board established pursuant to N.J.S.A. 40:55D-69.
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required pursuant to this chapter, such
person shall be subject to a penalty not to exceed $1,000 and each
lot so transferred or sold may be deemed a separate violation.
