Borough of Midland Park, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: See also Chapter 21, Stormwater Management for regulations pertaining to stormwater.
[Ord. #36-91 § 16-1]
This chapter shall be known and may be cited as the "The Site Plan Review Regulations of the Borough of Midland Park, New Jersey." This chapter was readopted December 12, 1991 by ordinance number 36-91, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Ord. #36-91 § 16-2]
The purpose of this chapter shall be to establish the mandatory requirements that shall be met prior to site plan approval and those standards to be utilized in the site plan review process. This chapter shall be applicable to the development of all lands within the Borough of Midland Park, in order to promote the public health, safety and the general welfare of the Borough.
It shall be administered to insure the orderly growth and development, conservation, protection and proper use of land within the Borough, and to provide adequate provisions and standards for circulation, utilities and services.
Nothing contained in this chapter shall be construed to permit the issuance of a building permit on any lot requiring site plan approval until final site plan approval as heretofore required is granted by the Planning Board or Board of Adjustment as the case may be.
[Ord. #36-91 §§ 16-3—16-3.3; Ord. #07-07 §§ 1, 2]
a. 
Prior to the issuance of any zoning permit or certificate of occupancy for the use of land or for any new building, enlargement or change in use, or for any open parking area or parking structure, a site plan shall be submitted to the Planning Board or Zoning Board of Adjustment for review and approval in accordance with N.J.S.A. 40:55D-1 et seq. and as provided in Chapter 31, Land Use Procedures, of the Revised General Ordinances of the Borough of Midland Park. Change in use shall include (i) a change of occupancy from one permitted use to a different permitted use, and (ii) a change of occupancy from one permitted use to the same permitted use if there is an increase in the parking requirements but shall not include a change of occupancy if the new occupancy is the same permitted use and there is no increase in the parking requirements.
b. 
No person shall alter any parking area, parking aisles, grades, fire lanes, slopes, manholes, traffic signs, ingress and egress roads, required planted areas or required buffer areas, sidewalks, drainage facilities, fencing, lighting, utility services and structures, curbing and acceleration or deceleration lanes without first obtaining site plan approval by resolution of the approving agency.
c. 
No certificate of occupancy shall be given unless all construction and conditions conform to the site plan as approved, unless conditionally approved by the approving authority as provided herein.
d. 
The Planning Board may waive site plan approval requirements if (i) the construction or alteration or change of use does not affect existing traffic circulation, drainage, relationship of buildings to each other or to the parking area, landscaping, buffering, lighting, parking requirements and other considerations of site plan review or if any such changes are deemed to be de minimis, and (ii) there is an accurate, approved site plan or existing conditions plan or as-built drawings on file. In order to request such a waiver, the applicant must submit an application for development and pay the application fee and appropriate escrows. The applicant shall include with such application such plans and other documentation as the Planning Board may require to make its determination. Any waiver that is granted may be on the condition that the applicant provide additional information or as-built drawings and comply with any requirements of the Planning Board Engineer. Notwithstanding that a waiver may be granted, the provisions of subsection 34-21.3 of the Zoning Ordinance shall remain applicable. No public notice shall be required for the waiver application.
The site plan approval requirements may also be waived by the Zoning Officer, if the Zoning Officer determines that (i) the change in use is a change from one permitted use to another permitted use, (ii) there is no increase in the parking requirements pursuant to the Midland Park Zoning Ordinance, Chapter 34, or the existing site has enough parking spaces to meet the parking requirements of the Zoning Ordinance, and (iii) there is an accurate, approved site plan, existing conditions plan, or as-built drawings on file.
[Ord. #36-91 §§ 16-4—16-4.1.3]
Site plan review shall not be required for single-family detached residential dwellings provided that such dwelling does not involve a home or professional office, in which case the provisions of this chapter shall apply; or for such accessory uses incidental to single-family detached dwellings. The exceptions listed herein shall not apply to planned residential developments.
a. 
Site plan approval shall not be required where:
1. 
Minor repairs to the interior of a building do not involve structural change or enlargement of the building as determined by the Construction Official.
2. 
Renovations or alterations to the exterior of a building or structure do not involve any enlargement of the building or structural change as determined by the Construction Official. This shall not apply to any structure subject to a previous site plan approval.
b. 
A change in the occupancy of a retail or office use not requiring more off-street parking or loading areas as determined by the Zoning Officer.
[Ord. #36-91 §§ 16-5—16-5.2]
a. 
The approval provisions of this chapter shall be administered by the Planning Board or Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-1 et seq., and as provided in Chapter 31, Land Use Procedures Ordinance of the Revised General Ordinances of the Borough of Midland Park.
b. 
In all the sections of this chapter the Planning Board is named as the approving agency. In instances where the Zoning Board of Adjustment is the approving agency in accordance with N.J.S.A. 40:55D-76 as revised, the procedures and requirements of this chapter shall be the same as those specified with respect to the Planning Board, except where specific reference is made to the Zoning Board of Adjustment.
[Ord. #36-91 §§ 16-7—16-7.2]
a. 
An informal submission of a site plan may be made by any developer or applicant. Such informal discussions may be held at a regularly scheduled meeting of the Planning Board or of the Site Plan Committee of the Planning Board. The intent of the informal discussion is for the developer or applicant to provide the concepts of development to the Planning Board or Site Plan Committee for their review.
b. 
No decisions will be made and no formal action taken during any and all parts of informal discussions. Recommendations made during informal discussions shall not be binding on the Planning Board or Site Plan Committee. The Planning Board or Site Plan Committee shall control all aspects of regulations, time and procedures of informal discussions. Any actions taken pertaining to informal discussions shall be without prejudice to the rights of the parties to later proceed formally under the procedures elsewhere set forth in this chapter. Plans for informal discussions shall be submitted to the Zoning Officer.
[Ord. #36-91 § 16-8—16-8.6]
a. 
Twenty (20) copies of an application shall be submitted to the Zoning Officer, in writing, at least fourteen (14) days before the date of the monthly work session of the Planning Board. Such application shall be accompanied with the appropriate fee as set forth in the Fee Schedule of the Borough of Midland Park.
1. 
At the time of filing the application, the applicant shall also file (20) copies of plot plans, maps or other documents required by any provisions of this and other ordinances of the Borough or any rule of the Planning Board. The applicant shall concurrently file an application with the County Planning Board, where required.
b. 
The Planning Board shall accept simultaneous applications for preliminary and final site plan approval where so requested by the applicant, provided that all of the conditions, requirements and safeguards established for preliminary and final site plan approval are adhered to.
c. 
The Zoning Officer shall immediately notify the Secretary of the Planning Board upon receipt of an application and transmit the application and accompanying information to the Secretary of the Planning Board. One (1) copy of the application and accompanying information shall be retained by the Zoning Officer in his office. All fees shall be deposited with the Borough Treasurer through the Zoning Officer.
d. 
The Secretary of the Planning Board shall submit copies of the application and accompanying information to the following professionals, boards, committees and commissions:
1. 
Engineer
2. 
Environmental Review Board
3. 
Traffic and Safety Commission
4. 
Professional Planning Consultant
5. 
Police Department
6. 
Fire Department
7. 
Architectural Review Board
8. 
Planning Board Attorney
Said professionals and commissions shall review the application and make recommendations to the Planning Board.
e. 
The Planning Board shall review the findings of the professionals and commissions and review the application for completeness as defined in section 32-5 herein, and shall accept or reject the submission as a complete application within forty-five (45) days of such submission. If the application is incomplete, the application shall be returned to the applicant and the Zoning Officer shall state the reason for such rejection.
f. 
If the application is accepted as complete, a date for a public hearing shall be set, at which the Board will consider the application. In cases of variances or conditional uses, a date for a public hearing shall be set and a notice thereof given as set forth in Chapter 31, Land Use Procedures, of the Revised General Ordinances of the Borough of Midland Park, and hearing held in accordance with that chapter.
[Ord. #36-91 § 16-9]
Following the public hearing and prior to adoption of a resolution of approval or disapproval of a preliminary site plan, the Board may require, or the applicant may request and the Board may grant, permission to make minor revisions of the preliminary site plan. The Board shall also have the discretion to permit the applicant to submit an amended application in appropriate instances. If any substantial amendment is required by the Board or desired by the applicant in the layout of buildings or improvements proposed by the applicant, that have been subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of an original application. The Board may allow a lesser application fee than for the original application, if it determines that the review work involved will be less.
[Ord. #36-91 §§ 16-10—16-10.5]
a. 
The Planning Board shall act to approve or disapprove the preliminary site plan with revisions, if any, in accordance with the time limits set forth in subsection 32-2.4 herein, following the date at which it has been certified that the application submitted is complete.
b. 
Any site plan application requiring Bergen County Planning Board or other governmental agency approvals shall be submitted by the applicant to the Bergen County Planning Board or other governmental agencies for review and approval. The Planning Board may condition any approval upon the timely receipt of a favorable report by the Bergen County Planning Board or other governmental agency.
c. 
A preliminary site plan requiring Bergen County Planning Board or other governmental agency approval which may not have been received at the time of the public hearing shall require the public hearing to be continued until such time as the required reports are received.
d. 
If the Planning Board or County Planning Board or other governmental agency disapproves a site plan, the reasons for disapproval shall be stated in writing and remedied prior to further consideration.
e. 
If the Planning Board acts favorably on a preliminary site plan, a notation to that effect shall be made on the site plan and it shall be signed by the Planning Board Chairman and Secretary of the Planning Board. The site plan shall then be returned to the applicant for compliance with the final approval requirements.
[Ord. #36-91 §§ 16-11—16-11.1.3]
a. 
Preliminary approval of a site plan shall confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval.
1. 
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; on-tract and off-tract improvements; and any requirements peculiar to the specific site plan. The municipality may, subsequent to approval, modify by ordinance, such general terms and conditions of preliminary approval as they may relate to public health, safety, morals and general welfare of the public.
2. 
The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
3. 
The applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
[Ord. #36-91 § 16-12—16-12.3]
a. 
The final site plan shall be submitted to the Zoning Officer for forwarding to the Planning Board for final approval either combined with the submission of the preliminary site plan or within three (3) years from the date of preliminary approval. The Zoning Officer shall immediately notify the Secretary of the Planning Board upon receipt of the final site plan.
b. 
Twenty (20) copies of the application and accompanying plot plans, maps, engineering and architectural drawings and other documents as required by this chapter or any rules of the Planning Board shall be submitted to the Zoning Officer at least fourteen (14) days prior to the date of a monthly work session of the Planning Board. Unless the preliminary site plan is approved without changes, the final site plan shall incorporate all changes or modifications required by the Planning Board.
c. 
Performance and maintenance guarantees, as required in subsections 32-7.2, 32-7.3 and 32-8.3 herein, shall be submitted before approval of the final site plan. Developer agreements, if any, shall also be submitted before approval of the final site plan. Appropriate deeds for road widening and drainage easements shall be submitted before the building permit is issued.
[Ord. #36-91 § 16-13]
The Zoning Officer shall review for completeness the final site plan application as submitted and accept or reject the submission as a complete application for final site plan approval within forty-five (45) days of such submission. If the application is incomplete, the application shall be returned to the applicant and the Zoning Officer shall state the reason for the rejection.
[Ord. #36-91 § 16-14—16-14.3]
a. 
The Planning Board shall act to approve or disapprove the final site plan in accordance with the time limits set forth in subsection 2-2.4 of this chapter, following the date at which it has been certified that the application submitted is complete.
b. 
A public hearing shall not be required, except if any substantial amendments in the layout of improvements proposed by the applicant have been the subject of a previous hearing. In such case the plan shall again be subject to the procedure required for preliminary site plan applications.
c. 
If the Board approves the final site plan, a notation to that effect shall be made on the site plan and shall be signed by the Chairman of the Board and the Board Secretary.
[Ord. #36-91 § 16-15]
Upon the final approval of the site plan, copies of the final site plan shall be filed by the Planning Board with the following officials:
Borough Clerk
Borough Engineer
Borough Planner
Borough Attorney
Zoning Officer
Construction Official
Other municipal, County or State officials as directed by the Planning Board.
[Ord. #36-91 §§ 16-16—16-16.6.7.2]
After the Planning Board approves a site plan at a public meeting of the Planning Board, such approval shall have the following effect:
a. 
All improvements illustrated and stated on the final site plan shall be installed in accordance with the plans.
b. 
Performance and maintenance bonds may be required and shall be released subject to approval by the Borough Engineer and the Borough Council.
c. 
All standard minimum design criteria required by this chapter shall be provided whether or not they were specifically enumerated in the site plan approval, and whether or not the plan approved indicated the standard minimum design criteria specifically.
d. 
No changes shall be made with respect to any of the construction and implementation of all improvements shown on the site plan or required by ordinance, or required by the terms and conditions of any variance granted.
e. 
The site plan approval shall expire two (2) years after the same was issued if no site plan construction was performed during said period.
f. 
Certificates of occupancy, permanent and temporary, shall be subject to the following:
1. 
No building or site developed after the effective date of this chapter shall be given a certificate of occupancy unless and until all improvements required by the site plan approval and this chapter, and the terms and conditions of any variance granted with regard to all construction items have been completed or performance and maintenance guarantees filed in the manner required.
2. 
A temporary certificate of occupancy with a definite termination date may be issued by the Construction Official with a limit for site work up to one hundred twenty (120) days in the winter months and sixty (60) days in the summer months. A temporary certificate of occupancy shall be issued only when the building complies with all applicable codes; and when access driveway and parking facilities are substantially completed, as determined by the Borough Engineer. Performance and maintenance guarantee requirements will still apply, as specified in Sections 32-7 and 32-8 herein. The building may be used until the termination date set forth in such temporary certificate of occupancy unless such date is extended or permanent certificate of occupancy granted.
3. 
No building or site shall be used or occupied without a certificate of occupancy.
4. 
No building or site shall be used after the termination date of any temporary certificate of occupancy unless a permanent certificate of occupancy has been granted. Penalties for violation of this provision shall be as specified in Section 32-10.2 herein.
5. 
The terms and conditions of any site plan approval granted, and the requirements of this chapter shall be deemed conditions for the continued existence of any certificate of occupancy issued. Any unapproved change from the approved site plan shall be a violation of this chapter and a violation of the terms and conditions of the site plan approval. Such unauthorized change shall terminate the certificate of occupancy issued. Each day of violation shall be a separate violation of this chapter.
6. 
No person shall use any building or site for any use other than the use applied for in connection with a site plan application. Each site plan approval shall state the use or uses approved, and where more than one (1) use is involved, the location and square foot areas of each use specified.
7. 
Prior to the issuance of a temporary or permanent certificate of occupancy, the applicant shall file a certification by a licensed professional engineer or architect that all necessary work required under the site plan approval and all necessary construction shown on the approved site plan has been completed in accordance with the plan approved, including all conditions of the site plan approval, all minimum design criteria required by ordinance and all construction work shown on the plan approved.
(a) 
If any such construction work was not so completed, or was changed, the certification shall so state, and indicate each and every change, and as to each of such changes, in such case, the applicant shall file as-built plans showing each and every change superimposed on a copy of the site plan approved so that the differences may be easily seen.
(b) 
In the event that there are changes not previously approved by the Planning Board, no certificate of occupancy shall be issued until the work has been completed in accordance with a site plan resolution of the Planning Board. The Planning Board may amend its site plan approval to approve the change or may refuse to do so.
[Ord. #36-91 §§ 16-17—16-17.3]
The applicant shall submit the following documents to the Construction Official of the Borough of Midland Park in order to apply for site plan approval, together with such other documents as may thereafter be required by the Planning Board.
a. 
An application for preliminary site plan approval shall include the documents required in subsections 32-5.2, 32-5.3 and 32-5.4 herein.
b. 
An application for final site plan approval, if filed separately, shall include the documents previously submitted for preliminary site plan approval, fully modified to reflect the decisions and the requirements of the Planning Board. The application for final site plan approval, whether separate or combined, shall include all additional documents and requirements as described in subsections 32-5.5 and 32-5.6.
c. 
All applications for site plan approval shall be prepared, signed and sealed by a professional engineer or architect.
[Ord. #36-91 § 16-18—16-18.24]
The applicant shall submit twenty (20) copies of an application for site plan approval which shall include the information and data required below.
a. 
Site plans shall be drawn at a scale not smaller than one (1) inch equals fifty (50) feet, and not larger than one (1) inch equals ten (10) feet. The scale used shall be shown on each page of the drawing.
1. 
Site plan shall contain a place for signatures of the Chairman and Secretary of the Planning Board.
b. 
Each lot and block number of the property as shown on the current tax assessment map of the Borough of Midland Park.
c. 
Name, address and telephone number of the applicant.
d. 
Name, address and telephone number of any authorized representatives of applicant in connection with the application.
e. 
Name, address and telephone number of the current owner of the property if the applicant is not the owner. If the owner is a corporation, the name and address of the president and secretary shall be included.
f. 
Description of the current use(s) of the property.
g. 
Complete and full details of the proposed use(s) of the site.
h. 
Statement as to whether owner or applicant owns contiguous property and if so, the lot or lots and block numbers of such property.
i. 
General description of buildings to be erected or altered, including dimensions of building and total number of square feet of gross floor area, by use, for each floor and the total.
j. 
Reference to any existing covenants, deed restrictions, easements or exceptions that are in effect or are intended to cover all or any of the site. A copy of such covenants, deed restrictions, easements or exceptions shall be submitted with the application. If there are no known covenants, deed restrictions, easements or exceptions affecting the site, a notation to that effect shall be indicated in the application.
k. 
Reference to soil permits, including statement as to requirement or waiver.
l. 
Reference to demolition of existing on-site buildings or structures. If existing buildings or structures are to be demolished, the structures to be removed shall be so indicated on the site plan.
m. 
References to required variances necessary to use the site as proposed.
n. 
Reference to the zoning district in which site is located, and the zoning district of all immediately adjoining properties.
o. 
The distance between the nearest part of the lot to the nearest residential zoning district.
p. 
The proposed maximum height of any structure or building proposed on the site as measured according to Borough ordinances.
q. 
The total number of square feet of building coverage of the lot, and the percentage of building coverage of the total lot area.
r. 
If the proposed use of the property requires a conditional use, a copy of the application shall accompany the site plan application.
s. 
Reference to the number of parking spaces required for the proposed use(s) by ordinance and the number of parking spaces proposed as part of the site plan.
t. 
The total number of square feet of planted areas shown on the plan and the percentage of the site devoted to planted areas. These calculations should be done with and without buffer areas.
u. 
Reference to Bergen County Site Plan Approval.
1. 
If County site plan approval is required a copy of documents and communications so stating shall accompany the application.
v. 
Reference to Abutting and Contiguous Streams.
1. 
If the site abuts or is contiguous to a stream and such stream is to be altered or modified, all plans relating to such alteration or modification shall accompany the site plan. If such alteration or modification requires approval from the State of New Jersey, a copy of the application and approval shall accompany the site plan application.
w. 
Certification from Tax Collector's office as to whether all real estate taxes on the property have been paid up-to-date.
x. 
Such other information and data as may be required by the Planning Board in order to determine that the details of the site plan are in accordance with Borough ordinances.
[Ord. #36-91 § 16-19]
The application and site plan shall be dated, signed by the applicant and the filing date shall be stamped on the application and site plan on the day that it is received by the Construction Official, together with the required site plans and site plan fee. Until all of these have been received, the submission shall not be considered to be complete.
[Ord. #36-91 §§ 16-20—16-20.10.7]
a. 
Key Map. A key map showing the location of the site with reference to the surrounding areas and existing street intersections within one thousand five hundred (1500) feet of the boundaries of the proposed development site.
b. 
Zoning Compliance. A table showing the zone in which the property is located, and the zoning requirements identified by section compared to the proposed plan for the following:
1. 
Required Maximum Height Allowed by Ordinance. Maximum height of proposed buildings and structures.
2. 
Required Width of Lot by Ordinance. Width of lot of subject property.
3. 
Required Frontage of Lot by Ordinance. Frontage of lot of subject property.
4. 
Required Minimum Lot Area by Ordinance. Area of lot of subject property.
5. 
Allowed Maximum Percentage of Lot Covered by Building and Improved Areas by Ordinance. Total percentage of lot covered by proposed buildings and improved areas of subject property.
6. 
Maximum Coverage of Lot by Building in Square Feet by Ordinance. Coverage of lot by proposed building in square feet on subject property.
7. 
Minimum Front Yard Required by Ordinance. Proposed front yard area on subject property.
8. 
Minimum Width of Any Side Yard in Feet Required by Ordinance. Width of side yards proposed on subject property.
9. 
Planted Areas, Inclusive and Exclusive of Buffer Areas, in Percentage and Square Feet Required by Ordinance. Proposed total area of planted areas, inclusive and exclusive of buffer areas, in square feet and percentage on subject property.
10. 
Total Buffer Area in Percentage and Square Feet as Required by Ordinance. Proposed total area of buffer area in square feet and percentage on subject property.
11. 
Minimum Rear Yard Required by Ordinance. Rear yard proposed on subject property.
12. 
Number of Parking Spaces Required by Ordinance. Number of parking spaces provided on subject property, and how calculated.
c. 
Revision Notations. A complete and accurate description of any and all revisions of the site plan as required by the Planning Board or made by the applicant including the following information:
1. 
The date of preparation of the original filed site plan.
2. 
The date of each subsequent revision of the plan or any page thereof, with a summary of all the changes made in connection with each revision. Such summary shall also indicate whether the revision or revisions made change the information in the zoning compliance requirements in paragraph b above.
d. 
Lot Layout. A complete and accurate description and illustrations of the proposed lot layout including but not limited to the following information:
1. 
The location, direction and dimensions of existing and proposed property lines, building setback lines, setback lines, buildings, structures, parking areas, aisles, driveways, fire lanes, planted areas and buffer areas.
2. 
All existing and proposed streets or roads within or abutting the proposed site with the right-of-way widths clearly indicated, together with a statement indicating whether any additional road width is offered for dedication for road purposes.
3. 
The location, size and type of all existing and proposed rights-of-way, easements and other encumbrances which may affect the site, and the location and graphic illustration of any lands to be dedicated to the municipality, County or State.
4. 
The location of any other underground utility and the easements to accommodate such utility requirements shall be presented and illustrated on the site plan.
e. 
Topography. A complete and accurate description and presentation of the existing and proposed site topography including the following information:
1. 
Existing and proposed contours, referred to in United States Coast and Geodetic Survey data or the New Jersey Geodetic Control Survey Datum, with a contour interval of one (1) foot for slopes of three (3%) percent or less, an interval of two (2) feet for slopes of more than three (3%) percent but less than ten (10%) percent and an interval of five (5) feet for slopes of ten (10%) percent or more. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.
2. 
Existing and proposed contours, as described in paragraph e, 1 above, for a distance of thirty (30) feet around the perimeter of the subject property.
f. 
Drainage and Utilities. A complete and accurate description and presentation of the storm drainage and public utility plans of the site including but not limited to the following:
1. 
Calculation of the sanitary flow for each point of connection to the municipal sewerage system including discharge rates and velocities.
2. 
Runoff calculations for stormwater discharged to the municipal storm sewerage system, drainage ditch or stream shall be submitted along with the rate and velocity at the point of discharge and the reservoir and routing calculations.
3. 
The location, distance from nearest manhole, size, slope, inverts and nature of all stormwater facilities including construction details of manholes, catch basins, inlets, storage areas, dutch drains, dry wells, recharge basins or any other method of stormwater control approved by the Municipal Engineer.
(a) 
If recharge basins or dry well, etc., are utilized, percolation tests of the site are to be performed by the applicant and certification of test is to accompany the site plan along with the results and locations of the test and any other information essential to the test such as depth to bedrock, soil characteristics, etc.
4. 
The location, size and type of utilities within adjacent streets, including water mains, sewer, electric power lines, street lighting, fire hydrants, gas lines, valves and water meters, catch basins, conduits, etc.
5. 
The boundaries of the Flood Hazard Area shown on the Flood Hazard Boundary Map No. H-01 and Flood Insurance Rate Map No. 1-01 effective September 30, 1977.
g. 
Landscaping. A comprehensive and accurate landscape plan, prepared by a landscape architect, architect or professional engineer presenting and illustrating all planted areas and buffer areas including but not limited to the following:
1. 
The name of the preparer of the plan, his address, telephone number and license number. The scale of the plan shall be indicated as well as the name of the applicant and authorized agent.
2. 
The position of any proposed building, driveway, parking areas, planted area and planted buffer area so that an evaluation can be made for a proper layout of the site consistent with the criteria set forth.
3. 
Existing and proposed topography at two (2) foot contour intervals.
4. 
The location, dimensions and configuration of all required planted areas and all required buffer areas, and the location, size and species of plants and trees and ground covers to be installed.
5. 
The location of any existing trees or groups of trees on the lot that are in excess of six (6) inches in diameter, one (1) foot above the base and the species or type of tree. A statement of what trees, if any, are proposed to be removed, or will have to be removed by reason of changes of grade, or for any other reason, in order to construct the proposed project.
6. 
The total number of square feet of any planted area and the total number of square feet of any required buffer area.
7. 
The width of each planted buffer area.
8. 
The number of square feet on the lot and the percentage of square feet devoted to required planted areas and required buffer areas.
9. 
A certification [seal and signature] by the preparer of the plan that the dimensions of the area of the lot, the planted areas and the planted buffer area, if required, are correct.
h. 
Lighting: A comprehensive and accurate lighting plan including the proposed location, direction of illumination, power and times of proposed outdoor lighting in conformance with applicable standards of the Borough including type of standards to be employed, radius of light and intensity in footcandles.
i. 
Floor Plans and Elevations: Including but not limited to the following:
1. 
Floor plans and elevation drawings with overall dimensions.
2. 
Description of exterior building materials.
j. 
Cross Sections and Specifications: A comprehensive and accurate description and illustration shall be submitted and shall contain cross sections of the following proposed construction on and off the site, together with dimensions and specifications for such work.
1. 
Curbs
2. 
Paving of parking areas and aisles
3. 
Sidewalks
4. 
Any and all sanitary sewer work
5. 
Storm drains, catch basins, detention basins and any and all other drainage facilities
6. 
Retaining walls and fences
7. 
Street specifications for street paving, or a statement that specifications maintained by the borough engineer are to be followed.
[Ord. #36-91 § 16-21]
A soil erosion and sediment control plan prepared by a licensed New Jersey professional engineer in accordance with specifications of the Bergen County Soil Conservation District shall be submitted for sites where over five thousand (5,000) square feet of ground will be disturbed. The Planning Board shall not give unconditional approval to the site plan until receipt of Soil Conservation District certification. Any fees or expense involved in the review by the District shall be the applicant's responsibility. Upon receipt of a report from the Bergen County Soil Conservation District, the Planning Board shall require incorporation of soil erosion and sediment control measures as it deems appropriate as a condition of approval of the site plan.
[Ord. #36-91 § 16-22]
The developer shall submit prior to final approval of the site plan by the Planning Board, the cost estimates, construction time schedules and performance and maintenance bonds for any improvements, both on site and off site, as required under Sections 32-6, 32-7 and 32-8 herein.
[Ord. #36-91 §§ 16-23—16-23.11.1]
In reviewing any site plan, the Planning Board, all advisory boards and professional consultants shall be guided by the general and specific requirements contained herein.
a. 
Compliance shall be with all zoning ordinances and the goals and objectives of the Master Plan of the Borough of Midland Park.
b. 
Circulation.
1. 
The review of the site plan shall consider pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site and between buildings.
2. 
Sufficient parking spaces shall be provided in accordance with ordinance requirements. Proper and safe backup areas, aisles, fire lanes and traffic markings shall interfere as little as possible with traffic flow on adjacent roads and within the site so as to permit vehicles rapid and safe ingress and egress to the site.
c. 
Storm Drainage and Public Utilities.
1. 
Storm drainage, sanitary waste disposal, electrical service, water and gas supply shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing and proposed systems, for improvement of utilities on-site, off-site, on-tract and off-tract to adequately carry stormwater, run-off and sewage, and to insure an adequate supply of water at sufficient pressure for potable, commercial, industrial or fire prevention uses.
d. 
Building Design and Layout.
1. 
The design and layout of buildings shall be reviewed so as to provide aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding developments, contiguous and adjacent buildings and lands, and environmental and ecological considerations.
e. 
Exterior Lighting.
1. 
Adequate exterior lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting shall be arranged so as to minimize glare and reflection on adjacent properties.
f. 
Buffering and Landscaping.
1. 
Buffering, where required, and landscaping shall be provided in accordance with Borough ordinances.
g. 
Signage.
1. 
Signage shall be designed in accordance with Borough ordinance.
h. 
Drainage and Sewage Easements.
1. 
Site plans shall be reviewed to insure that the Borough obtains necessary drainage easements, stream clearance easements and sewage easements.
i. 
Street Dedications and Street Improvements.
1. 
Site plans shall be reviewed to insure that street dedications and street improvements be made, where necessary, in accordance with the Master Plan of the Borough of Midland Park and the Master Plan of Bergen County with respect to County roads.
j. 
Public Improvements.
1. 
Site plans shall be reviewed to insure that public improvements made necessary by the proposed development be installed whether on the site or off the site.
k. 
Minimum Maintenance Materials.
1. 
Site plans shall be reviewed to insure the use of proper materials and designs in the development of the site so that such shall not adversely affect public safety, health or create traffic dangers, adverse drainage conditions or other dangerous conditions relating to the public health, safety and general welfare or the value of property in the Borough of Midland Park.
[Ord. #36-91 §§ 16-24—16-24.9.1]
a. 
Number of Spaces Required. The number of off-street parking spaces required shall be as calculated in the Midland Parking Zoning Ordinance.
b. 
Location of Spaces.
1. 
The Planning Board shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, visibility from the site to the adjoining street as well as within the parking area, conditions of safety relating to the movement of people and vehicles and the elimination of nuisance factors, including glare, noise dust and other similar considerations.
2. 
Subject to other considerations as specified herein, off-street parking shall not be located in a required front yard. In residential zoning districts no off-street parking areas shall be located closer than two (2) feet to a side property line and five (5) feet to a rear property line. In all nonresidential zoning districts no off-street parking area shall be located closer than six (6) feet to a side or rear lot line. These requirements shall apply to all surface and above-grade parking areas and facilities.
3. 
No parking spaces shall be located in any required buffer zone and all spaces shall be set back at least one (1) foot from buffer zones to prevent any part of a vehicle from overhanging the buffer zone.
4. 
No parking spaces shall be permitted in fire lanes, driveways, aisles, sidewalks or turning areas.
c. 
Parking Aisles.
1. 
Provisions shall be made for safe and adequate circulation of pedestrians and vehicles within and adjoining the site. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the standards established in the following table. Only one-way traffic shall be permitted in aisles of less than twenty-four (24) feet.
Parking Angle
(Degrees)
Minimum Aisle Width
(Feet)
0 (parallel)
12
30
12
45
13
60
18
90 (perpendicular)
24
2. 
In order to provide visibility and definition at the ends of parking aisles, there shall be provided a planted area enclosed by curbing of a size and shape approved by the Planning Board.
3. 
Dead end parking aisles are not permitted except where unavoidable, as determined by the Planning Board.
d. 
Parking Spaces.
1. 
Each parking space shall be not less than nine (9) feet wide and eighteen (18) feet long except where parking is parallel to a curb or along the wall of a building where such spaces shall be nine (9) feet by twenty-four (24) feet for all spaces other than the front end and back end of the line of spaces provided which shall be at least twenty (20) feet long.
2. 
Each parking space must be usable without excessive maneuvering when all other spaces are occupied by vehicles. The Planning Board shall make a determination of whether the parking space is usable. Parking spaces that are considered not to be usable shall not count towards satisfying any parking requirements and shall not be approved.
3. 
The side perimeter of each parking space shall be delineated by painted lines on the pavement or surface. These and all other markings in parking areas shall be approved by the Planning Board.
e. 
Driveways.
1. 
All entrance and exit driveways to a public or private street shall be so located to afford maximum safety to said roadway, to provide for safe and convenient ingress and egress and to minimize conflict with the flow of traffic.
2. 
The minimum site distance established in the following table shall be adhered to between a driveway and the adjoining street in accordance with the definition of a sight triangle. Said driveway shall be designed in profile and grading, which shall be reviewed by the municipal engineer.
Minimum Site Distance From a Driveway and Adjoining Street
Allowable Maximum Speed On Roadway
Minimum Site Distance
(feet)
25 mph
175
30 mph
250
35 mph
325
40 mph
400
45 mph
450
50+ mph
500
(a) 
For purposes of this chapter, site distance measurement shall be measured from the driver's seat of a standing vehicle located on that portion of the exit driveway that is immediately contiguous to the traveled way, with the front of the vehicle ten (10) feet behind the right-of-way line of the road and with the height of the eye three and three-fourths (3.75) feet to the top of the object four and one-half (4.5) feet above the pavement.
3. 
No entrance or exit driveway shall be closer than fifty (50) feet to the right-of-way line of any intersection street.
4. 
No part of any driveway shall be located closer than twenty (20) feet to any other driveway on an adjoining parcel, or shall more than one (1) driveway be located closer than fifty (50) feet to another driveway on the same site.
5. 
No entrance or exit driveway shall be located on a traffic circle or on a ramp of an interchange or within twenty-five (25) feet to the beginning of any ramp or other portion of an interchange.
6. 
Driveways used for two-way traffic operation shall intersect a public or private street at an angle as near to ninety (90) degrees as site conditions will permit and in no case will be less than sixty (60) degrees.
7. 
Driveways used for vehicles in one (1) direction of travel (right turn only) shall not form an angle greater than forty-five (45) degrees with a public or private street.
8. 
The dimensions of curbline openings, aprons and driveways shall be designed to adequately accommodate the volume and type of vehicles anticipated to be generated by the site development and shall be approved by the Municipal Engineer.
f. 
Acceleration and Deceleration Lanes.
1. 
Twelve (12) foot wide and two hundred (200) foot long acceleration and deceleration lanes may be required by the Planning Board wherever possible in order to accommodate safely and efficiently the traffic generated by a site on a major arterial or collector road.
g. 
Paving and Grading.
1. 
Parking areas, aisles, spaces and driveways shall be paved with an impervious surface as approved by the Planning Board and Municipal Engineer.
2. 
A parking area shall be so drained as to dispose of all surface water that falls thereon and such drainage shall be approved by the Planning Board and Municipal Engineer.
3. 
A parking area shall have a minimum grade of one (1%) percent and a maximum grade of eight (8%) percent.
4. 
Where possible driveway intersection with any roadway shall not have a grade that exceeds two (2%) percent from the roadway curbline for a minimum distance of fifty (50) feet from the curbline and measured along the center line of the driveway.
h. 
Other Off-Street Parking Requirements.
1. 
All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted in such parking areas except for emergency purposes.
2. 
At any time that the required off-street parking facilities cease to be available as required, the certificate of occupancy for the building or buildings constructed in conjunction with such parking areas shall be canceled.
3. 
Off-street parking areas shall have planting buffer strips at least five (5) feet in width around the perimeter of the parking area. Such buffer strips shall be interrupted only at points of ingress and egress and where the parking area or access drive abuts a building on the same lot.
(a) 
The buffer strips shall be protected against damage from wheels by curbs or other adequate barriers. The Planning Board shall require that the design of the parking areas and the buffer strips to be placed upon these parking areas shall be adequate to screen the parking area from the view of the street or any adjoining lots insofar as is necessary or practical and to achieve the maximum amount of green space consistent with the parking requirements.
(b) 
Whenever a parking area is adjacent to or within a residential zoning district, the plantings within the buffer strip around the perimeter of the parking area shall be at least five (5) feet in height along those areas abutting the residential zoning district.
(1) 
When a parking area is located on a corner lot at a street intersection in a residential zoning district, within the triangle formed by the curblines of such lot and a line drawn between points on each curbline forty (40) feet distant from their point of intersection, plantings in the buffer strip shall be no more than two and one-half (2 1/2) feet higher than the centerline of the street within the triangle formed by the curblines of such lot and a line drawn between points on each curbline thirty (30) feet distant from the point of intersection.
i. 
Maintenance of Off-Street Parking and Loading Areas.
1. 
All public or private off-street parking and loading areas shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, marking signs, landscaping and other improvements associated with the parking or loading areas shall be maintained in workable, safe and good conditions.
[Ord. #36-91 §§ 16-25—16-25.1.4]
a. 
Off-street loading shall be in accordance with the Borough ordinance and the following.
1. 
Each loading space shall not be less than twelve (12) feet in width and forty (40) feet in length.
2. 
For roofs on covered loading spaces, the overall floor to ceiling height or clear height distance shall not be less than fourteen (14) feet.
3. 
Except for buffer zones, each loading space may occupy any required side or rear yard. When adjoining a residential zoning district or public or quasi-public use a fifteen (15) feet buffer zone, suitably screened or landscaped shall be provided.
4. 
Off-street loading spaces shall not be located within any fire prevention zone, within twenty-five (25) feet of any fire hydrant or within ten (10) feet of any stairway, doorway, elevator or other general means of entry to and from any building on the site. Loading spaces shall not block or in any way interfere with the free flow of pedestrians from any means of ingress or egress nor shall loading spaces interfere with the free flow of pedestrians and vehicles in any parking area. All such loading spaces shall be appropriately indicated by a sign or other visual communication as to said location.
[Ord. #36-91 §§ 16-26—16-26.2.2; Ord. #06-03 § 1]
a. 
Streets shall be designed with curbs for high utilization of available width, for control of drainage, protection of pedestrians and for delineation. Curb designs and materials are subject to approval by the Municipal Engineer and Planning Board.
1. 
All curbing shall be designed to provide barrier free curb ramps constructed in accordance with the "Design Standards for Curb Ramps for the Physically Handicapped" of the New Jersey Department of Transportation, as amended.
b. 
Sidewalks shall connect the main entrance of each building with the street or with the interior road giving access to the building. Sidewalks shall be provided wherever needed to protect the safety of pedestrians. All new sidewalks shall be constructed to match with the existing sidewalks, driveways and curb elevations with the public right-of-way and shall meet the requirements of the Municipal Engineer and Planning Board.
1. 
Pedestrian walkways and sitting areas shall be surfaced so that they will be easily maintained and properly illuminated.
2. 
Private pedestrian walkways, within the site, shall have a minimum paved width of four (4) feet. If dedicated to the borough as a public walkway, it shall have a minimum easement width of a of five (5) feet.
3. 
Adherence to Streetscape Plan. In the B-1, B-2 and B-3 zones, upon granting of site plan approval, the applicable land use agency shall require, as part of the applicant's plan, that the parking, landscaping, driveways, curbing, sidewalk and lighting requirements be met by complying with the overall plan as shown and described on the Midland Park - A Historic Transit Village Streetscape Plan, Sidewalk Pavement Detail - Street Corners, Sidewalk Typical Pavement Detail, Sidewalk Pavement Adjacent Parking Area, Limestone Tree Well Edging Detail, a copy of which is on file in the office of the Borough Clerk and available for public inspection during regular business hours. If, at the time of the approval, total compliance with that plan is not feasible, the applicant shall be required to provide a site plan which is consistent with the future implementation of the plan. Any site plan approval shall include a condition requiring future compliance by the applicant or any successor or future owner of the site, when required by the applicable land use agency or the Mayor and Council. The applicant may be required to post an appropriate performance guarantee pursuant to N.J.S.A. 40:55D-53 to ensure installation of the required improvements. The required improvement of any contiguous property or public right-of-way shall be deemed to be an on-site improvement for the purpose of this subsection.
[Ord. #36-91 §§ 16-27—16-27.7]
a. 
Street lighting shall be provided for all street intersections and along all collector and local streets, parking areas and anywhere else deemed necessary for safety reasons by the Planning Board.
b. 
In connection with every site plan, the applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, type of light, radius of light and intensity in footcandles.
c. 
Outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads and traffic safety from glare, reflection and overhead skyglow.
d. 
The style of the light and light standard shall be consistent with the style of the principal building.
e. 
The maximum height of freestanding lights shall not exceed twenty (20) feet mounting height.
f. 
The intensity of lighting provided throughout a development shall be as follows:
1. 
Parking Areas — Residential: 1.0 footcandles.
2. 
Parking Areas — Commercial: 1.5 footcandles.
3. 
Street Intersections: 3.0 footcandles.
4. 
Maximum at Property Lines: 1.0 footcandles.
g. 
All exterior and outdoor lighting shall be evaluated by the Planning Board with respect to impact on surrounding land uses and properties.
[Ord. #36-91 § 16-28—16-28.2]
a. 
All developments shall be served by paved streets. Streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform with the topography as far as practical and allow for continued extension into adjoining undeveloped tracts if necessary.
b. 
Where widening of public rights-of-way is required to comply with the design and construction of driveways or acceleration and deceleration lanes, appropriate deeds of ownership or easements shall be delivered by the applicant.
[Ord. #36-91 §§ 16-29, 16-29.1]
Signage on all developments, shall be in accordance with Borough ordinances.
[Ord. #36-91 §§ 16-30, 16-30.1]
Buffer zones in all developments shall be in accordance with requirements and regulations set forth herein and set forth in Chapter 34, Zoning, of the Revised General Ordinances of the Borough of Midland Park.
[Ord. #36-91 §§ 16-31—16-31.7]
a. 
The criteria to be considered in determining the location, shape and content of any required planted area, and the creation of any required buffer area shall include the following:
1. 
Drainage control.
2. 
Traffic and pedestrian safety.
3. 
Conservation of the economic value of the property and adjacent property.
4. 
Proper vehicular and traffic sight lines.
5. 
Shade control.
6. 
Screening and privacy of adjacent residential areas.
7. 
The configuration, design and relationship of planting areas to the total site plan as submitted.
8. 
A reduction of noise and lights disturbing to nearby property zoned for residential use.
9. 
The preservation and health of substantial trees wherever it is reasonable to do so.
10. 
Pollution control.
b. 
In connection with Planning Board consideration for site plan approval, the Planning Board shall have the right to determine the proper areas for the required planted areas, taking into consideration the criteria as set forth in subsection 32-6.9a1 through 10 herein.
c. 
The minimum standards for planted area and buffer zones shall be as follows:
1. 
Not less than fifteen (15%) percent of the total lot area, without lot area reduction for required buffer zones as set forth herein and as contained in the Zoning Ordinance of the Borough of Midland Park, shall be devoted to landscaping, effectively distributed and subject to the approval of the Planning Board.
2. 
The required planted areas, other than planted buffer zones, need not be in one (1) area of the site.
3. 
Planted areas that are less than four (4) feet in width shall not be included in any computation of the required area.
d. 
The design criteria for planted areas and planted buffer zones shall be as follows:
1. 
The planted area and required planted buffer zones shall be so designed to provide proper drainage of the soil.
2. 
The planted area or required planted buffer zones shall be planted with approved plant material with sufficient organic sanitary material, top soil, peat moss, and the like, so that the same shall be likely to thrive.
3. 
No owner, developer or occupant of an underdeveloped or partially developed lot shall remove any trees in excess of six (6) inches in diameter, one (1) foot above ground level, that are located in any approved planted area or approved planted buffer zone unless otherwise ordered by the Planning Board in connection with site plan approval.
4. 
The planted area shall be designed to provide for the planting of plant material that is hardy and of a variety which requires minimum amount of maintenance.
5. 
The Planning Board may require that changes in topography or elevation of the planted areas and planted buffer zones be made where such changes would better serve the criteria set forth above.
6. 
The developer of the property shall protect against damage to trees that are located in the approved planting areas and approved planted buffer zones and shall protect these areas by temporary fencing until all outside construction has been completed.
e. 
All landscaping is to be completed in a good and workmanlike manner. No permanent certificate of occupancy shall be issued for any building constructed unless and until the required planted area and required planted buffer zone have been inspected and approved.
f. 
No person, owner, applicant, firm, lessee, occupant or other legal entity shall reduce, eliminate or alter any approved planted area or approved planted buffer zone without first obtaining a site plan approval to do so.
g. 
Every owner, lessee and occupant shall maintain in a clean and presentable manner, without litter, each required planted buffer zone and required planted area. The owner, lessee and any occupant of the property shall be responsible for the replacement of any plants, shrubs and trees that die or become diseased within thirty (30) days after the season permits.
[Ord. #36-91 §§ 16-32—16-32.7]
a. 
Provisions shall be made for the safe and adequate drainage of surface runoff waters in and from the site so that flooding and erosion of the site property and the property of others will be prevented.
b. 
Each site plan submitted to the Planning Board shall be reviewed by the Borough Engineer to establish requirements to mitigate adverse drainage conditions both on and off the site.
c. 
The drainage system shall be designed in conformance to accepted engineering specifications. To facilitate the review of proposed drainage facilities for any development, design calculations prepared by the applicant's engineer shall accompany the site plan.
d. 
All development shall be designed so that the rate of storm water runoff is no greater after development than occurs under existing conditions. Peak flow rates and volumes to be used for the design of detention basins shall be calculated for the 1, 5, 10, 25, 50 and 100 year storm frequencies having durations producing maximum flow rates before and after the proposed development.
e. 
Unless otherwise stipulated by the Borough Engineer, storm sewers, open channels, bridges and culverts shall be designed for minimum flow capacities as follows:
Design Capacity
Frequency of Storm
Collection Systems
25 years
Culverts
25 years
Emergency Spillway System from Detention System
100 years
Projects Requiring a New Jersey Department of Environmental Protection Stream Encroachment Permit
100 years
f. 
It is required that the applicant or owner dedicate to the Borough of Midland Park a drainage easement or a brook drainage easement if the site is to contain an open channel for drainage, any brooks or any drainage pipes or facilities. All drainage easements, except for brook drainage easements, shall be not less than fifteen (15) feet wide for access to any storm sewer pipe that is under, or to be placed under, any area of the site under consideration for site plan approval.
1. 
All drainage easements for brooks shall include the area of the brook itself on the site and a width of at least ten (10) feet parallel to the brook.
g. 
All drainage easements shall be in writing and in recordable form, and provide the Borough with the right to enter upon the easement area at the Borough's option, to repair, inspect or maintain the facilities within the easement area. The contents of the drainage easement and the form of the easement in every case shall be such that it is in form and content satisfactory to the Planning Board and Planning Board Attorney.
[Ord. #36-91 § 16-33—16-33.3]
a. 
Sanitary sewer facilities shall be constructed and installed in accordance with the sanitary sewer system of the Borough and the developer shall install said facilities in conformity to such system, although a connection to an existing main may not be presently available. The Borough Engineer shall certify that the plans, design and installation of sanitary sewer systems proposed by the developer are in accordance with Borough standards.
b. 
The Planning Board may require as part of the site plan approval that the applicant or owner dedicate to the Borough of Midland Park an easement not greater than fifteen (15) feet wide for access to any sewer pipe that is under, or to be placed under, any portion of the site under consideration for site plan approval.
c. 
All sewer easements shall be in writing and recordable form, and provide the borough with the right to enter upon the easement area at the Borough's option to repair, inspect or maintain the facilities within the easement area. The contents of the sewer easement and the form of the easement in every case shall be such that it is in form and content satisfactory to the Planning Board and Planning Board attorney.
[Ord. #36-91 §§ 16-34—16-34.3]
a. 
Gas, electric, telephone and CATV service shall be provided by the applicant in concert with the appropriate public utility providing such service. Said service on the site shall be provided as a part of an underground system.
b. 
If such facilities cannot be reasonably provided due to topographic or geologic conditions or due to technological circumstances, and where the applicant can adequately demonstrate the lack of feasibility of same to the satisfaction of the Planning Board, a waiver of this requirement may be granted.
c. 
Where existing gas, electric and telephone lines and facilities exist off-site and require relocation to accommodate the proposed development on-site, the Planning Board shall be assured that such relocation will not create or maintain any hazardous or dangerous condition to the public or in the operation of said utilities.
[Ord. #36-91 § 16-35—16-35.2]
a. 
Provisions shall be made for the on-site storage and collection of refuse. All such storage shall be maintained within the confines of a properly screened structure and shall be located to afford access for vehicular collection.
b. 
The Board of Health shall approve the location and method of collection on the site.
[Ord. #36-91 §§ 16-36, 16-36.1]
All buildings, structures, uses, facilities and parking areas open to the public shall be designed and constructed in accordance with the State of New Jersey, Department of the Treasury, Division of Building and Construction Barrier-Free Design Regulations, as amended.
[Ord. #36-91 §§ 16-37, 16-37.1]
Before granting final site plan approval, the Planning Board may require that the applicant shall have installed or shall have furnished performance guarantees for the installation of on-tract improvements in accordance with specification for the following: streets, street signs, grading and paving, curbs and gutters, sidewalks and walkways, lighting, landscaping, water mains and fire hydrants, retaining walls, culverts, storm sewers, sanitary sewers or other means of sanitary sewage disposal, drainage facilities, erosion and sedimentation control facilities, open space improvements, surveyor's monuments as required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and other on-tract improvements as may be required herein.
[Ord. #36-91 §§ 16-30—16-38.8]
a. 
The performance guarantee, when required, shall be furnished in favor of the Borough of Midland Park in an amount equal to one hundred twenty (120%) percent of the cost of installation for improvements it may deem necessary or appropriate as specified in subsection 32-7.1 herein. The amount of any performance guarantee may be reduced by the Governing Body, by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Governing Body by resolution. As a condition or as a part of any such extension, the amount of any performance guarantee shall be increased or decreased, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of installation as determined as of the time of the passage of the resolution.
b. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor or surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
c. 
When all of the required improvements have been completed, the obligor shall notify in writing, by certified mail to the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon; the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Governing Body indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
d. 
The Governing Body shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said Board with relation thereto, not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability to its performance guarantee, except for that portion adequately sufficient to secure provisions of the improvements not yet approved. Failure of the Governing Body to send or provide such notification to the obligor within sixty-five (65) days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee.
e. 
If any portion of the required improvements is rejected, the Governing Body may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in section 32-7.2d herein shall be followed.
f. 
Nothing herein, however, shall be constructed to limit the right of the obligor to contest, by legal proceedings, any determination of the Governing Body or Borough Engineer.
g. 
The performance guarantee shall be approved by the Governing Body as to form, content and execution. Such performance guarantee shall run for a period to be fixed by the Governing Body. However, with the consent of the owner and the surety, if any, the Governing Body, may by resolution, extend the term of such performance guarantee for an additional period not to exceed one (1) year.
h. 
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the inspection of improvements.
[Ord. #36-91 §§ 16-39, 16-39.1]
Prior to the acceptance of any on-tract improvements herein, a maintenance guarantee shall be furnished in favor of the Borough of Midland Park for a period not to exceed two (2) years after final acceptance of the improvement in an amount not to exceed fifteen (15%) percent of the cost of the improvement.
[Ord. #36-91 §§ 16-40, 16-40.1]
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
[Ord. #36-91 §§ 16-41—16-41.5.1]
a. 
Any site plan requiring off-tract improvements, as defined herein, shall comply with the provisions of this section.
b. 
An off-tract improvement shall be one (1) or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare and where said improvements are located off-tract.
c. 
An off-tract improvement shall be required where either the existing facilities serving the site area are currently operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.
d. 
The proportionate contribution of any such off-tract improvement to the applicant shall be reasonably related to the relative benefit or use of the total area so served.
e. 
Under the conditions of this chapter, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater and drainage distribution facilities and any necessary appurtenances thereto and utility easements, and new or improved street and rights-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property being developed.
1. 
Off-tract improvements shall not include the improvement costs for an entire utility system or street system or major segment thereof, including sewage treatment plants, water supply, treatment or distribution facilities or substantial street construction or improvements or other similar undertakings, unless said improvement is significantly affected by the site being developed.
[Ord. #36-91 §§ 16-42—16-42.1.5]
a. 
Prior to final approval each site plan shall be subject to a determination and findings as follows:
1. 
That certain off-tract improvements are or are not necessary to implement the site plan.
2. 
That, in instances where off-tract improvements are required, the terms and conditions which shall be imposed upon the developer shall ensure the successful and reasonable implementation of same.
3. 
Regulations governing off-tract improvements shall be guided by the Zoning Ordinance and the Master Plan of the Borough of Midland Park.
4. 
In the event that the Board determines that one (1) or more improvements constitute an off-tract improvement, the Board shall notify the Governing Body of same specifying the Board's recommendation relative to the estimated cost of same, the developer's pro rata share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety.
5. 
The Board shall not grant final approval of the site plan until all aspects of such conditions have been mutually agreed by both the applicant and the Governing Body and a written resolution to that effect by the Governing Body has been transmitted to the Board.
[Ord. #36-91 §§ 16-43—16-43.4.1]
a. 
Performance and Maintenance Guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in Section 32-7 of this chapter.
b. 
Development Agreement. A development agreement governing off-tract improvements or other conditions as may be required by this chapter or by the Board shall be approved as to form, sufficiency and execution by the Board Attorney and the Borough Attorney. Said agreement shall specify the amount of cash contributions if any, the method of payment of same, the relative timing of such payment and the obligations to be undertaken by the Borough of Midland Park.
c. 
Conditions Not Requiring Cash Contributions.
1. 
Cash contributions for off-tract improvements shall not be required under the following terms or conditions:
(a) 
Where other County or State agencies or utility authority has jurisdiction over the subject improvements and require a cash contribution, guarantee or other surety by the applicant in lieu of such contributions imposed by the Borough of Midland Park.
(b) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-tract improvements provided.
(c) 
Where the applicant can undertake the improvements, where legally permissible, in lieu of the Borough, subject to standards and other conditions as may be imposed by the Borough.
d. 
Method of Payment of Cash Contributions. Where a cash contribution is required, said contribution will be deposited with the Treasurer of the Borough with a copy of the transmittal letters forwarded to the Governing Body, Borough Engineer and the Board. Any and all monies received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken on initiated for a period of ten (10) years, the funds shall be returned to the owner of record of said properties, provided that the conditions specified in paragraph 3 above, have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of said properties.
[Ord. #36-91 §§ 16-44—16-44.1.5.1]
a. 
Where a cash contribution or other financial distribution is determined, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
1. 
Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements:
(a) 
The applicants proportionate cost shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by ten (10%) percent for contingencies.
2. 
Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith:
(a) 
The applicants proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties, in gallons per day, for the existing system or subsystem and the estimated use of water for the proposed development. The ratio thus calculated shall be increased by ten (10%) percent for contingencies.
3. 
Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith:
(a) 
The applicants proportionate cost shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute, to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two (2) ratios thus calculated shall be increased by ten (10%) percent for contingencies and shall be the ratio used to determine the cost to the applicant.
4. 
Stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement or other appurtenances associated therewith:
(a) 
The applicants proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow, in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by ten (10%) percent for contingencies.
5. 
General Considerations.
(a) 
In calculating the proportionate or pro-rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Board shall also determine the pro-rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.
[Ord. #36-91 §§ 16-45—16-45.5]
a. 
Under the provisions of this chapter and State statutes, the Borough of Midland Park, other governmental agencies, the Board of Education and State, County and other public bodies can be designated to maintain and accept public open space for recreational or conservational uses. These public agencies can accept and maintain such open space, provided that the dedication is not conditioned upon same being made available to public use.
b. 
Where a site plan is required and an open space program proposed, this chapter shall require that the developer provide an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development if said open space is not dedicated to the Borough or other governmental agency. Such organization shall be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough where the land is located.
c. 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer designated by resolution to administer this section may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing the designated municipal body or administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty five (35) days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the designated Borough body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development, to be held by such Borough body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the designated Borough body or officer shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the Borough body or officer shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough body or officer in any such case shall constitute a final administrative decision, subject to judicial review.
d. 
If a Borough body or officer is not designated by resolution to administer this section, the Governing Body shall have the same powers and be subject to the same restrictions as provided in this section.
e. 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, shall become a lien and tax on said properties, and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
[Ord. #36-91 §§ 16-46—16-46.2]
a. 
If the Master Plan of the Borough of Midland Park or the Official Map of the Borough of Midland Part provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a site plan, the Planning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the locations and sized suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) year after the final approval or within such further time as may be agreed to by the developer. Unless during such time period or extension thereof the governmental entity having jurisdiction shall have entered into a contract to purchase or institute condemnation proceedings according to law, for the fee of a lesser interest in the land comprising such streets, ways, basins or areas, the applicant shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this subsection shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
b. 
The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, appraisal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.
[Ord. #36-91 §§ 16-47—16-47.2.1.5]
a. 
Required Comprehensive Plan. The applicant for a planned development group shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. Said plan shall be submitted in accordance with the Zoning Ordinance, Site Plan Review Ordinance and other applicable Borough, County and State regulations. The comprehensive plan shall be submitted as part of the preliminary Site Plan Review Ordinance application.
b. 
Findings for Planned Developments.
1. 
The Planning Board shall find the following facts and conclusions relative to planned developments.
(a) 
That departure by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to State statutes.
(b) 
That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
(c) 
That the provisions through the physical design of the proposed development for public services, control of vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(d) 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be constructed.
(e) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and residents, occupants and owners of the proposed development in the total completion of the development are adequate.
[Ord. #36-91 §§ 16-48—16-48.3]
a. 
It shall be the duty of the Borough Construction Official to enforce the provisions of this chapter and to investigate any violation or alleged violation hereof, except that the Borough Engineer may make inspections of utilities, drainage and paving; the Police Department may make inspections of parking areas and traffic access points; the Fire Department may make inspections of fire lanes; and the Site Plan Committee and Borough Department of Public Works may make inspections of the landscaping. The site development features initially installed are required to be maintained during the life of the building and substantial changes, as determined by the Construction Official and other inspecting agencies, are not to be made without permission of the Planning Board.
b. 
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Midland Park. Any action taken by the approving agency under the terms of this chapter shall give primary consideration of the above-mentioned matters and to the welfare of the entire Borough. However, if the applicant can clearly demonstrate that because of peculiar conditions pertaining to the property involved, the literal enforcement of one (1) or more of these regulations or ordinance provisions is impractical, or will exact undue hardship, the approving agency may permit such variations or departures as may be reasonable and within the general purposes hereof.
c. 
The Planning Board shall adopt and may amend reasonable rules and regulations not inconsistent with the New Jersey Municipal Land Use Law, for the administration of its functions, powers and duties hereunder, including hearings, and providing for the form, number and distribution of copies of applications. Said rules and regulations and application forms shall be kept and filed with the Borough Administrative Officer.
[Ord. #36-91 §§ 16-49, 16-49.1; New]
Any person, firm or corporation violating any of the terms of this chapter shall, upon conviction, be punished by a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars for each offense. Each day that a violation occurs or is committed shall constitute a separate offense.
[Ord. #36-91 §§ 16-50, 16-50.1]
If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter and, to this end, the provisions of each section, subsection, paragraph, subdivision or clause of this chapter are hereby declared to be severable.
[Ord. #36-91 §§ 16-51, 16-51.1]
This chapter shall be construed liberally to effect the purposes thereof and shall be read in para materia with Chapter 31, Land Use Procedures, and Chapter 34, Zoning, of the Revised General Ordinances of the Borough of Midland Park. Where there may be overlapping provisions, the more stringent shall apply.
[Ord. #36-91 §§ 16-52, 16-52.1]
This chapter is intended to constitute the Site Plan Review Regulations of the Borough of Midland Park and all prior ordinances or parts of ordinances that are not incorporated into or adopted by reference by this chapter and that are inconsistent with the provisions of this chapter are hereby repealed.
[Ord. #36-91 §§ 16-53, 16-53.1]
Notwithstanding the repealer of prior ordinances as set forth in subsection of 32-11.3 herein, all applications for development properly and timely made pursuant to said prior ordinances prior to the effective date of this chapter may be continued, but shall be processed in accordance with the substantive and procedural requirements of this chapter.
[Ord. #36-91 § 16-54]
For purposes of this chapter, unless the context clearly indicates a different meaning:
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
The word "lot" includes the words "plot" or "parcel," and the word "structure" includes the word "building."
The words "use" and "used" refer to any purpose for which buildings or land may be arranged, designed, intended, maintained or occupied; any occupation, business, activity or operation carried on, or intended to be carried on, in a building on land; and a name of a building or tract of land which indicates the purpose for which it is arranged, designed, intended, maintained or occupied.
ACCESSORY USE or ACCESSORY
A use which is incidental or subordinate to, customarily found in connection with and, except in the case of parking spaces or loading berths, located on the same lot as, the principal use to which it is related.
ADMINISTRATIVE OFFICER
The administrative clerk for any application before the Planning Board or Board of Adjustment.
APPLICANT
The developer, or his agent or representative, submitting an application for development.
APPLICATION FOR DEVELOPMENT
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
The Planning Board of the Borough of Midland Park unless a different agency is designated by ordinance.
AREA
The surface of a lot, building or structure measured on a horizontal plane.
BASEMENT
That portion of a building or structure which is partly below and partly above grade and having at least one-half (1/2) its height above grade.
BILLBOARD
A sign which directs attention to a business, commodity, service, entertainment, or attraction, conducted, sold or offered elsewhere than upon the lot on which such sign is located.
BOARD
The Planning Board of the Borough of Midland Park.
BUILDABLE AREA
The portion of a lot remaining after the required yard and setbacks and required planted areas and buffer zones have been provided.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
For purposes of determining building coverage, the area of the building shall be the projected area on a horizontal plane of the outer extremities of the structure, including by way of example as part of the structure in determining said outer extremities, the foundation, roofs, protruding floors, patios, and any overhangs and the floors of any structures not having a roof.
BUILDING PERMIT
A document signed by the administrative officer 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 Borough of Midland Park Zoning Ordinance or variance therefrom duly authorized by the Board of Adjustment or Governing Body.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CELLAR
That portion of a building which is partly or completely below grade and having at least one-half (1/2) its height below grade.
CIRCULATION
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.
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 and accompanying maps and documents as required by ordinance. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete.
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 the Zoning Ordinance, and upon issuance of an authorization therefor by the Planning Board.
COURT
Any area which is bounded by three (3) or more attached building walls.
DAYS
Calendar days.
DEVELOPER
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 person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land in two (2) 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 the Municipal Land Use Law.
DISTRICT, ZONING
Any portion of land within the Borough of Midland Park within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the Zoning Ordinance of the Borough of Midland Park.
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, 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 land required for the installation of storm water sewers or drainage ditches, or required for drainage purposes along a natural stream or watercourse or other body of water.
DWELLING
Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more families.
DWELLING SINGLE-FAMILY
A dwelling house designed to be used as a residence, and used for a one-family residence. There shall be only one (1) distinct set of kitchen, dining room and living facilities.
DWELLING TWO-FAMILY
A dwelling having two (2) distinct sets of kitchen, dining room and living facilities, and designed, planned and used by two (2) families.
DWELLING MULTIFAMILY
A residence containing three (3) or more dwelling units.
DWELLING UNIT
One (1) room or connecting rooms constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and containing independent cooking, bathroom and sleeping facilities.
ENLARGEMENT
An addition to the aggregate floor area or an increase in the height of any existing building, or area of the lot covered by any building or structure.
ERECT
To construct, make, build, alter, remodel, create, including the moving, removing, and assembling of any building or structure or part thereof.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or aerial gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cable, fire alarm boxes and devices, police call and information boxes and devices, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal, State, County, regional or Federal agencies or for the public health, safety or general welfare.
EXPANSION
An increase in the amount of existing floor area used for an existing use within an existing building or structure.
EXISTING
Any building or structure or use that was in existence on the effective date of this chapter.
FAMILY
A group of persons living together as a single, nonprofit housekeeping unit.
FAMILY, MODERATE INCOME
A household with a gross aggregate family income which is greater than fifty (50%) percent of the regional median income, but which does not exceed eighty (80%) percent of said regional median income, with adjustments for household size.
FAMILY, LOW INCOME
A household with a gross aggregate family income which does not exceed fifty (50%) percent of the regional median income, with adjustments for household size.
FENCE
Any artificially constructed barrier of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials, erected for the enclosure of land, dividing one piece from another.
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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FLOOR AREA
The sum of the horizontal areas devoted to a use, including all sales, office, service, and storage space, measured from the exterior faces of exterior walls, the center line of party walls separating two (2) buildings, or the center line of walls separating the uses. The floor area devoted to a use shall normally include the entire floor of each floor devoted to such use. In computing floor area per establishment, when several uses share one (1) floor, the publicly used spaces such as halls, elevator shafts, stairwells, and bathroom facilities shall be considered as divided among several uses proportionate to the private and separate spaces devoted to each use.
FLOOR AREA, BUILDING
The sum of the gross horizontal areas of all floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, excluding: roof areas, cellar and basement areas used only for storage or the operation land maintenance of the building and any and all parking structures or areas attached to, under or within the building.
FLOOR AREA RATIO
The ratio computed by adding the floor area of each building floor on or above grade and dividing the total by the total lot area. The floor area ratio is not a substitute for yard coverage or height regulations because it would allow low buildings with high coverage or high buildings with low coverage in the absence of any other regulations.
GARAGE
A building designed and constructed to be a place for the care and storage of motor vehicles.
GARDEN APARTMENT
One (1) or more multiple-family buildings not exceeding two and one-half (2 1/2) stories or thirty-five (35) feet in height, containing off-street parking, outdoor recreational facilities and as more full required herein. Each dwelling unit therein shall contain two (2) separate direct means of access to the outside.
GOVERNING BODY
The chief legislative body of the Borough of Midland Park.
HEIGHT
The vertical distance from the average finished grade at the foundation corners of a building or structure which fronts on any street to the highest point of the building or structure, excluding chimneys, television aerials, and similar accessory conveniences. For a structure without a roof, such as a radio receiving and transmitting tower, the height shall be measured from the average grade along all sides of such structure, which grade shall be substantially unchanged from the natural grade, to the highest point of the structure.
HEIGHT, GREATEST
The vertical distance from the lowest finished grade abutting a building to the highest point of the building, excluding chimneys, television aerials, and similar accessory conveniences.
HISTORIC SITE
Any building, structure, area of property that is significant in the history, architecture, archeology or culture of the State of New Jersey, its communities or the nation and has been so designated.
HOME OCCUPATION
An accessory use which is customarily carried on in a dwelling unit; is carried on by an occupant of the dwelling unit; and is clearly incidental or secondary to the residential use of the dwelling unit.
HOME PROFESSIONAL OFFICE
A use which is carried on in a dwelling unit by a resident thereof. A home professional office shall include the office of an architect, dentist, engineer, lawyer, minister, physician, surgeon or similar learned profession. A home professional office shall not include a real estate or insurance office or a studio where individual dancing or music instruction is offered.
IMPROVED LOT COVERAGE
The percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking areas, garages and other man-made improvements.
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, 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 other law of the State or the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the 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.
LOT AREA
The computed area contained within the lot lines.
LOT, CORNER
A parcel of land at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. Any lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect, at an interior angle of less than one hundred thirty-five (135) degrees.
LOT, COVERAGE
That portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking areas.
LOT, COVERAGE BY IMPERVIOUS SURFACES
Impervious surfaces include paving, structures, roofs, macadam or other impervious materials.
LOT, DEPTH
The minimum distance from the street line of a lot to the rear lot line of such lot.
LOT, FRONTAGE
The length of the front lot line.
LOT, INTERIOR
Any lot which is not a corner lot or a through lot.
LOT, LINE
Any boundary of a lot other than a street line.
LOT, REAR LINE
The lot line generally opposite to the street line. If the rear lot line is less than ten (10) feet in length, or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the street line not less than ten (10) feet long lying farthest from the street line.
LOT, SIDE LINE
Any lot line other than a front or rear lot line.
LOT, THROUGH
Any lot which extends from one street to another and is not a corner lot.
LOT, WIDTH
The distance between the side lines, measured parallel to the front lot line at the required front yard setback line.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the Borough of Midland Park for the maintenance of any improvements required by this chapter.
MASTER PLAN
A composite of one (1) or more written or graphic proposals for the development of the Borough of Midland Park as set forth in the Municipal Land Use Law, as amended, and adopted by the Planning Board of the Borough of Midland Park.
NONCONFORMING LOT
A lot with the area, dimension or location which was lawful prior to the adoption, revision or amendment of this chapter 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.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter 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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter 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.
OFFICE BUILDING
A building used primarily for business offices or where the major use is business offices, as opposed to retail, industrial, residential or storage.
OFFICIAL COUNTY MAP
The map with changes, and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with R.S. 40:55D-32 et seq., or any prior act authorizing such adoption. Such map shall be deemed conclusive with respect to the location, width and extent of streets and other areas shown thereon, as provided in R.S. 40-55D-32.
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 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, 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, street and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Any individual, firm, company, organization, association, syndicate, partnership, or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this section.
PARKING AREA
Land or any part of a building used for the parking of motor vehicles.
PARKING SPACE
An off-street space, open or enclosed and paved, which is accessible and available at all hours when the building to which it is served is in use, for the parking of one (1) passenger vehicle.
PARTY IMMEDIATELY CONCERNED
For purposes of notice any applicant for development, the owners of the subject property and all owners of property and governmental agencies entitled to notice.
PERFORMANCE GUARANTEE
Any security, which may be accepted by the Borough of Midland Park, including cash; provided that the Borough of Midland Park shall not require more than ten (10%) percent of the total performance guarantee in cash.
PERSON
Any individual, firm, association, partnership or corporation or other legal entity and their agents, servants and employees.
PLANNED DEVELOPMENT
Includes planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous acreage as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial uses and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous acreage as specified by ordinance to be developed according to a plan as a single entity containing one (1) 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 RESIDENTIAL DEVELOPMENT
An area of a minimum contiguous acreage as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate residential uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area of a minimum contiguous acreage as specified by ordinance to be developed as a single entity according to a plan, containing one (1) 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 use to residential uses as shall be specified in this ordinance.
PLANNING BOARD
The Planning Board of the Borough of Midland Park.
PLAT
A map or maps of a subdivision or site plan.
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 agency 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
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 BUILDING
Any building owned or operated by the Borough of Midland Park, Bergen County, State of New Jersey or the United States, or any of their duly authorized agencies or administrative units.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY
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 NOTICE
Notice of time and place of hearing or proceeding printed in the official newspaper of the Borough of Midland Park, at least ten (10) days prior to the time of such hearing or proceeding, unless otherwise provided by law.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Borough of Midland Park, borough agencies, Board of Education, State or County agency, or other public body for recreational or conservation uses.
QUORUM
The majority of the full authorized membership of a municipal agency.
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 portions of a development as may be specified by this chapter.
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 instruments.
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.
SIGN
Any building, structure, or part thereof, or device attached thereto or painted or represented thereon, which displays or includes any letter, word, banner, model, flag, pennant, insignia, device, or representation used as, or which is in the nature of an announcement, direction, or advertisement. For the purpose of this chapter the word "sign" does not include the flag, pennant, or insignia of any nation, group of nations, state, city, or other political unit.
SIGN, AREA OF
The maximum projected area of the oblong parallelogram, or other shape, which encloses the sign structure, device or representation. For a freestanding or projected sign, all sides which are used as a sign shall be included in the computation of the area of the sign.
SIGN, FREESTANDING
Any sign which is separate and apart from the building exceeding two and one-half (2 1/2) feet in height from the ground to the top of the sign.
SIGN, GROUND
Any sign which is separate and apart from the building and not exceeding two and one-half (2 1/2) feet in height from the ground to the top of the sign. Maximum faces permitted, two (2).
SIGN, PROFESSIONAL
Shall be limited to those professions as stated in this chapter under "Home Professional Occupations" and may only be used to identify actual office premises.
SIGN, TEMPORARY
All signs not of a permanent nature either ground or freestanding and with a six (6) month expiration date or less, such as for sale, for lease, for rent, construction signs, architect-engineer job signs, real estate signs, advertising, promotional or premium signs.
SITE PLAN
A developed plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, 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 the Borough of Midland Park Site Plan Review Ordinance.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or nuclear radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough of Midland Park or required by applicable Federal or State laws or other laws.
STORY
That part of a building, exclusive of cellars but inclusive of basements, contained between the level of one (1) finished floor and the level of the next higher finished floor; or, if there is no higher finished floor, then that part of the building contained between the level of the highest finished floor and the top of the roof beams.
STORY, HALF
Any space partially within the roof framing, where the clear height of not more than fifty (50%) percent of such space between the top of the floor beams and the structural ceiling level is seven (7) feet six (6) inches or more.
STREET
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 pursuant to R.S. 40:55D-1, 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.
STREET LINE
The dividing line between a lot and a street. Where a proposed street widening is shown on the official map, the street line shall be the line of the proposed widening.
STRUCTURE
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.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions 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 (5) acres or larger in size, divisions of property by testamentary or interstate provisions, divisions or property upon court order, including but not limited to judgments of foreclosure, consolidation of existing lots by deed or other recorded instruments and the conveyance of one (1) 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 administrative officer to conform to the requirements of the Borough of Midland Park development regulations and are shown and designated as separate lots, tracts, or parcels on the tax map or atlas of the Borough. The term "subdivision" shall also include the term "resubdivision."
TOWNHOUSE
A building or structure designed for or occupied by no more than one (1) family and attached to other similar buildings or structures by not more than two (2) party walls extending from the foundation to the roof and providing two (2) direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family of the townhouse. For purposes of this chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
TRAILER
Any vehicle mounted on wheels or on a truck body or chassis, movable either by its own power or by being drawn by another vehicle, which is initially designed or converted to be used for living or sleeping quarters, including mobile homes. The term trailer shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
Permission to depart from the literal requirements of the Borough of Midland Park Zoning Ordinance, as amended, according to the procedures of the Zoning Ordinance, or applicable laws of the State of New Jersey.
YARD
An open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONT
An open unoccupied space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line.
YARD, REAR
An open unoccupied space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured parallel to the rear property line.
YARD, SIDE
An open unoccupied space between the side line of the lot and the nearest line of the principal building and extending from the front to the rear yard. The width of the side yard shall be measured parallel to the side line of the lot.
ZONING BOARD
The Board of Adjustment as continued under the Zoning Ordinance of the Borough of Midland Park.
ZONING MAP
The Zoning Map of the Borough of Midland Park, New Jersey, dated ______________________, together with all amendments subsequently adopted.