[Amended 3-17-1980 by Ord. No. 80-4]
This chapter shall be known and may be cited as the "Land Development Ordinance of the Township of Washington, in the County of Bergen, New Jersey."
A. ADMINISTRATIVE OFFICER APPLICANT APPLICATION FOR DEVELOPMENT APPROVING AUTHORITY BUILDING CAPITAL IMPROVEMENT CIRCULATION COMMON OPEN SPACE CONDITIONAL USE CONVENTIONAL COUNTY MASTER PLAN COUNTY PLANNING BOARD DAYS DEVELOPER DEVELOPMENT DEVELOPMENT REGULATION [4]DRAINAGE ENVIRONMENTAL COMMISSION EROSION FINAL APPROVAL GOVERNING BODY HISTORIC SITE INTERESTED PARTY LAND LOT MAINTENANCE GUARANTY MAJOR SUBDIVISION MASTER PLAN MINOR SITE PLAN MINOR SUBDIVISION MUNICIPALITY NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE OFFICIAL COUNTY MAP OFFICIAL MAP OFF-SITE OFF-TRACT ON-SITE ON-TRACT OPEN SPACE PARTY IMMEDIATELY CONCERNED PERFORMANCE GUARANTY PLANNED COMMERCIAL DEVELOPMENT PLANNED DEVELOPMENT PLANNING BOARD PLAT PRELIMINARY APPROVAL PRELIMINARY FLOOR PLANS AND ELEVATIONS PUBLIC AREAS PUBLIC DEVELOPMENT PROPOSAL PUBLIC DRAINAGEWAY PUBLIC OPEN SPACE QUORUM RESIDENTIAL CLUSTER RESIDENTIAL DENSITY RESUBDIVISION SEDIMENTATION SITE PLAN SKETCH PLAT STANDARDS OF PERFORMANCE STREET(1) (2) (3) (4) STRUCTURE SUBDIVISION SUBDIVISION COMMITTEE TRANSCRIPT VARIANCE ZONING PERMIT
For the purposes of this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
The Secretary of the Planning Board.
A developer submitting an application for development.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to Section 25 of Chapter 291 of the Laws of 1975,[1] or any proceedings pursuant to N.J.S.A. 40:55D-70a and b.
[Amended 12-5-1983 by Ord. No. 83-11]
The Planning Board of the Township of Washington.
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction project.
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.[2]
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 580, Zoning, of the Code of the Township of Washington, and upon the issuance of an authorization therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The County Planning Board, as defined in Section 1, P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.
[Amended 3-17-1980 by Ord. No. 80-4]
Calendar days.
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; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, 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 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, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 or gravity.
The official action of the Planning Board taken on a preliminarily 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.
The Council of the Township of Washington.
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, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
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 municipality for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A development plan of one or more lots which proposes new development of a facility in conjunction with permissible home occupation or home professional use or does not involve development of a site greater than two acres and 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 which contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter, its various supplements and amendments for approval of a minor site plan have been met.
[Added 3-17-1980 by Ord. No. 80-4]
A subdivision of land that does not involve: the creation of more than three lots, a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, its various supplements and amendments.
[Amended 3-17-1980 by Ord. No. 80-4]
The Township of Washington.
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
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 the closest half of the street or right-of-way abutting the property of which the lot is a part.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Located on the lot in question and excluding any abutting street or right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any parcel or area of land 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.
Security required by the Planning Board to assure the installation and maintenance of on-tract improvements or the developer's pro rata share of off-tract water, sewer or drainage and street improvements.
An area of a 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.
A map or maps of a subdivision or site plan.
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 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.
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 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 majority of the full authorized membership of the Planning Board.
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 area, 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, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plan by the Planning Board[11] adopted pursuant to Article 6 of Chapter 291 of the Laws of 1975.[12]
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 540-6 of this chapter.
Standards adopted by ordinance pursuant to Section 52d of Chapter 291 of the Laws of 1975[13] regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be required by the municipality; or standards required by applicable federal or state laws or municipal ordinances.
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 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.
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 to and adjacent to arterial streets and highways and which provide access to the 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 hereunder if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman 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 Secretary of the Planning Board 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."
[Amended 3-17-1980 by Ord. No. 80-4]
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter, and having such other duties relating to land subdivision as may be conferred on this Committee by the Board. In the event that no Subdivision Committee has been appointed, all references thereto in any applicable section hereof shall be deemed to mean the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A typed or printed verbatim record of the proceedings or reproduction thereof.
[Added 3-17-1980 by Ord. No. 80-4]
A document signed by the Chief Building Official 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, and which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance[15] or variance therefrom duly authorized pursuant to Sections 47 and 57 of Chapter 291 of the Laws of 1975.[16]
[1]
Editor's Note: See N.J.S.A. 40:55D-34.
[2]
Editor's Note: The definition of "complete application," which previously followed this definition, added 3-17-1980 by Ord. No. 80-4, was repealed 6-6-1988 by Ord. No. 88-14.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-28.
[7]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[8]
Editor's Note: See N.J.S.A. 40:55D-12.
[9]
Editor's Note: See N.J.S.A. 40:55D-23.
[10]
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49.
[12]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
[13]
Editor's Note: See N.J.S.A. 40:55D-65d.
[14]
Editor's Note: See N.J.S.A. 40:55D-60, 40:55D-40b and 40:55D-70c and d.
[16]
Editor's Note: See N.J.S.A. 40:55D-60 and 40:55D-70.
B.
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.