Definitions. As used in this Chapter:
ADMINISTRATIVE OFFICER
Shall mean the administrative clerk for any application before
the Planning Board and the Board of Adjustment of the Township.
APPLICANT
Shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to law.
APPROVING AUTHORITY
Shall mean the Planning Board of the Township or the Township Board of Adjustment, as the case may be, as provided in Section
26-3.
BOARD
Shall mean the Planning Board of the Township.
COMMON OPEN SPACE
Shall mean an open space area within or related to a site
designated as a development and designed and intended for use or enjoyment
by residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for use or enjoyment by residents and owners of the
development.
CONDITIONAL USE
Shall mean 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
24, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
COUNTY MASTER PLAN
Shall mean a composite of the Master Plan for the physical
development of Bergen County with the accompanying maps, plats, charts
and descriptive and explanatory matter adopted by the Bergen County
Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
DAYS
Shall mean the number of calendar days for the purpose of
this Chapter.
DEVELOPER
Shall mean 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.
DEVELOPMENT
Shall mean 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.
DIVISION
Shall mean the Division of State and Regional Planning in
the New Jersey Department of Community Affairs.
DRAINAGE
Shall mean 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.
ENVIRONMENTAL COMMISSION
Shall mean a Municipal advisory body created pursuant to
P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity
FARM
Shall mean an area of land which is actively devoted to agricultural
or horticultural use, which occupies no less than five acres exclusive
of the land upon which the farmhouse is located and such additional
land, in conformance with the minimum lot size of the residential
zone in which the farm is located, as may actually be used in connection
with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5
and 54:4-23.11.
FINAL APPROVAL
Shall mean the official action of the approving authority
taken on a preliminarily approved major subdivision 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 shall be filed with the proper County recording
officer.
HIGHLANDS DEFINITIONS
See paragraph c of the subsection for definitions applicable
to the Preservation Area of the Highlands Region or the Planning Area
of the Highlands Region.
HISTORIC SITE
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this State, its communities or the nation and has been so designated.
INTERESTED PARTY
Shall mean 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 Township,
whose right to use, acquire or enjoy property is or may be affected
by any action taken under this Chapter or whose right to use, acquire
or enjoy property under this Chapter or under any other law of this
State or the United States has been denied, violated or infringed
upon by an action or failure to act under this Code.
LAND
Shall mean improvements and fixtures on, above or below the
ground surface.
LOT
Shall mean 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
Shall mean security, other than cash, which may be accepted
by the Township for the maintenance of any improvements required by
this Chapter.
MASTER PLAN
Shall mean a composite of one or more written or graphic
proposals for the development of the Township adopted by the Township
Planning Board.
MINOR SUBDIVISION
Shall mean a subdivision of land that does not involve the
creation of more than three lots fronting upon an improved and approved
street, a planned development, any new street or the extension thereof
or the extension of any off-tract improvement or extension of Municipal
facilities.
OFF-CITE
Mean 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.
OFF-TRACT
Shall mean 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.
OFFICIAL COUNTY MAP
Shall mean the map, with changes and additions thereto, adopted
and established by resolution of the Board of Chosen Freeholders of
Bergen County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
Shall mean a map and accompanying ordinance adopted by the
Township Council of the Township 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.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean 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
Shall mean 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 use and enjoyment by 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 CONCERNED
Shall mean any applicant for development, the owners of the
subject property and all owners of property and government agencies
entitled to notice.
PERFECTED APPLICATION
Shall mean one that is submitted in a proper and complete
form, including all required application forms and maps, all required
fees submitted and filed within the appropriate time schedules for
minor and major subdivisions, proof that no taxes or assessments for
local improvements are due or delinquent on the property for which
approval is sought and other Municipal reviews and governmental approvals
as provided herein.
PERFORMANCE GUARANTY
Shall mean any security which may be accepted by the Township,
including cash, provided that the Township shall not require more
than 10% of the total "performance guaranty" in cash.
PERSON
Shall mean any individual, firm, association, partnership,
corporation, syndicate, copartnership, trust or other legal entity.
PLAN
Shall mean the provisions for development of a planned development,
including a plat of subdivision; all covenants relating to use; location
and bulk of buildings and other structures; intensity of use or density
of development; public or private streets, ways and parking facilities,"
open space; and public facilities. The phrase "provisions of the plan"
when used in this Chapter shall mean the written and graphic materials
referred to in this definition.
PLANNED COMMERCIAL DEVELOPMENT
Shall mean an area of a minimum contiguous size, as specified in Chapter
24, Zoning, 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.
PLANNED DEVELOPMENT
Shall mean planned unit development, planned residential
development, residential cluster, planned commercial development or
planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
Shall mean an area of a minimum contiguous size, as specified in Chapter
24, Zoning, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses.
PLANNED RESIDENTIAL DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage
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.
PLANNED UNIT DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one or more residential clusters or planned residential development 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
24, Zoning.
PLAT
Shall mean a map or maps of a subdivision or site plan pursuant to the provisions of this Chapter or Chapter
22, Site Plan Review.
PRELIMINARY APPROVAL
Shall mean 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
Shall mean 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
Shall mean 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.
PUBLIC DRAINAGEWAY
Shall mean 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.
PUBLIC OPEN SPACE
Shall mean 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
Shall mean 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.
RESUBDIVISION
Shall mean 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
Shall mean 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.
STREET
Shall mean 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, parking areas and other areas within the street lines.
SUBDIVISION
Shall mean 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 are required: division 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 and conveyances so as to combine existing lots by deed or other
instrument. The term "subdivision" shall also include the term "resubdivision."