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Borough of Mount Arlington, NJ
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2023-12-05
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Land Development
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Chapter 17 Land Development
Part I: Administrative Legislation
Ch 1
General Provisions
Ch 4
Administration of Government
Ch 8
Agreements, Intermunicipal
Ch 10
Electric, Energy and Natural Gas Aggregation Program
Ch 12
Salaries
Ch 15
Checks, Fraudulent
Ch 23
Personnel Policies
Ch 25
Criminal History Background Checks of Employees and Volunteers
Ch 29
Sewerage Authority
Part II: General Legislation
Ch 36
Alarm Systems
Ch 40
Alcoholic Beverages
Ch 45
Amusement Devices
Ch 48
Animals
Ch 53
Brush, Grass and Weeds
Ch 58
Buildings, Numbering of
Ch 62
Buildings, Unfit
Ch 67
Construction Codes, Uniform
Ch 70
Docks, Piers and Bulkheads
Ch 72
Dial-A-Ride Van
Ch 75
Filming
Ch 80
Drug-Free Zones
Ch 86
Excavations in Rights-Of-Way
Ch 88
Fertilizers, Use of
Ch 91
Fire Prevention
Ch 95
Fishing
Ch 99
Flood Damage Prevention
Ch 103
Games of Chance
Ch 105
Hotel and Motel Room Occupancy Tax
Ch 108
(Reserved)
Ch 113
Littering
Ch 115
Massage, Bodywork and Somatic Therapy Establishments
Ch 118
Noise
Ch 123
Parks, Recreation Areas and Civic Center
Ch 127
Peace and Good Order
Ch 132
Peddling and Soliciting
Ch 133
Property Maintenance
Ch 133A
Registration of Rental Dwelling Units
Ch 134
Certificate of Habitability
Ch 135
Sewers
Ch 136
Storm Sewer System
Ch 137
Snow and Ice Removal
Ch 138
Snow Removal Contractors
Ch 139
(Reserved)
Ch 144
Solid Waste
Ch 147
Taxicabs
Ch 148
Limousines
Ch 151
Tennis Courts, Municipal
Ch 155
Towing
Ch 158
Trailers and Trailer Parks
Ch 161
Trees
Ch 165
Vehicles, Abandoned
Ch 169
Vehicles and Traffic
Ch 170
Administrative Fees for Certain Municipal Court Services
Ch 171
Vehicles, Recreational
Ch 175
Water
Part III: Board of Health
Ch 179
General Provisions, Board of Health
Ch 183
Administration, Board of Health
Ch 186
Animal Sanitation
Ch 191
Food Handling
Ch 196
Health Services
Ch 200
Nuisances
Ch 204
Sewage Disposal Systems
Ch 207
Tattoo and Body Piercing Establishments
Appendix
Ch A209
Cable Television Franchise
Ch A210
Fees
Land Development
Ch LDAO
Land Development Adopting Ordinances
Ch 17
Land Development
Ch 17 Art I
Short Title
§ 17-0
SHORT TITLE.
Ch 17 Art II
General Provisions
§ 17-1
PURPOSES.
§ 17-2
DEFINITIONS.
§ 17-2A
ENFORCEMENT AND VIOLATIONS.
Ch 17 Art III
Land Development Administration
§ 17-3
PLANNING BOARD.
§ 17-3.1
Establishment.
§ 17-3.2
Terms.
§ 17-3.3
Vacancies.
§ 17-3.4
Organization.
§ 17-3.5
Powers and Duties.
§ 17-3.6
(Reserved)
§ 17-3.7
Alternate Members.
§ 17-3.8
Restrictions on Class I and Class III Members of the Planning Board.
§ 17-4
ZONING BOARD OF ADJUSTMENT ABOLISHED.
§ 17-4.1
Findings.
§ 17-4.2
Abolishment of Zoning Board of Adjustment; Discharge of Members.
§ 17-4.3
Reference to Board of Adjustment.
§ 17-4.4
Expiration of Variance.
§ 17-5
ADMINISTRATION.
§ 17-5.1
Conflicts of Interest.
§ 17-5.2
Compensation.
§ 17-5.3
Attorney.
§ 17-5.4
Experts and Staff.
§ 17-5.5
Rules and Regulations.
§ 17-5.6
Meetings.
§ 17-5.7
Minutes.
§ 17-5.8
Fees.
§ 17-5.9
Hearings.
§ 17-5.10
Notice Requirements for Hearing.
§ 17-5.11
Decisions.
§ 17-5.12
Payment of Taxes.
§ 17-5.13
Conditional Approval.
§ 17-5.14
Time Extensions.
§ 17-5.15
Time Limit on Variances.
§ 17-5.16
Certificates of Approval.
§ 17-5.17
Administration and Enforcement.
§ 17-5.18
Violations and Penalties.
§ 17-5.19
Exceptions and Waivers.
Ch 17 Art IV
Development Procedures
§ 17-6
APPLICATION FOR DEVELOPMENT.
§ 17-6.1
General.
§ 17-6.2
Complete Application.
§ 17-6.3
(Reserved)
§ 17-6.4
Submission of Complete Application.
§ 17-7
MINOR SUBDIVISION.
§ 17-7.1
Notice Requirements for Minor Subdivisions.
§ 17-7.2
(Reserved)
§ 17-7.3
Action.
§ 17-7.4
Conditional Approval.
§ 17-7.5
Filing With County Recording Officer.
§ 17-7.6
Lands Resulting from Minor Subdivisions.
§ 17-7.7
Effect of Approval.
§ 17-7.8
Municipal Distribution of Approved Minor Subdivisions.
§ 17-7.9
Tax Map Revision Fee.
§ 17-8
PRELIMINARY MAJOR SUBDIVISION.
§ 17-8.1
(Reserved)
§ 17-8.2
(Reserved)
§ 17-8.3
(Reserved)
§ 17-8.4
Notice of Public Hearing.
§ 17-8.5
Revisions.
§ 17-8.6
Time Limit.
§ 17-8.7
Other Required Approvals.
§ 17-8.8
Planning Board Action.
§ 17-8.9
Signatures Required.
§ 17-9
FINAL MAJOR SUBDIVISION.
§ 17-9.1
No Notice.
§ 17-9.2
(Reserved)
§ 17-9.3
(Reserved)
§ 17-9.4
Time Limit.
§ 17-9.5
Other Required Approvals.
§ 17-9.6
Recording of Final Approval.
§ 17-9.7
As-Built Plans.
§ 17-9.8
Effect of Final Approval.
§ 17-9.9
(Reserved)
§ 17-9.10
Tax Map Revision Fee.
§ 17-10
SITE PLANS.
§ 17-10.1
Purposes.
§ 17-10.2
Application of Requirements.
§ 17-10.3
Exceptions.
§ 17-10.4
Notice of Hearing.
§ 17-10.5
Referral to other Agencies.
§ 17-10.6
(Reserved)
§ 17-10.7
Planning Board Action.
§ 17-10.8
Compliance With Site Plan Approval.
§ 17-10.9
Site Plan Binding.
§ 17-10.10
Revocation of Construction Permit or Certificate of Occupancy.
§ 17-10.11
Effect of Preliminary Approval of Site Plan.
§ 17-10.12
Effect of Final Approval of Site Plan.
§ 17-11
IMPROVEMENTS - PRELIMINARY, CONDITIONAL FINAL, AND FINAL SITE PLAN APPROVAL.
§ 17-11.1
Improvements.
§ 17-12
PERFORMANCE GUARANTIES.
§ 17-12.1
General.
§ 17-12.2
Type of Guaranty.
§ 17-12.3
Time of Guaranty.
§ 17-12.4
Borough Completion.
§ 17-12.5
Acceptance of Performance Guaranty by the Governing Body.
§ 17-12.6
Release of Performance Guaranty.
§ 17-13
MAINTENANCE GUARANTY.
§ 17-14
ACCEPTANCE OF IMPROVEMENTS.
§ 17-15
IMPROVEMENTS REQUIRED FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY.
§ 17-15.1
Building/Construction Permit.
§ 17-15.2
Certificate of Occupancy.
§ 17-16
SNOW AND ICE REMOVAL FROM DEDICATED BUT NOT ACCEPTED STREETS.
§ 17-17
OFF-SITE OR OFF-TRACT IMPROVEMENTS.
§ 17-17.1
Where Required.
§ 17-17.2
Planning Board Determination.
§ 17-17.3
Methods of Implementation.
§ 17-17.4
Pro Rata Formula in Determining Applicant's Share of Off-Site or Off-Tract Improvements.
Ch 17 Art V
Development Requirements
§ 17-18
APPLICATION SUBMISSION REQUIREMENTS.
§ 17-18.1
General.
§ 17-18.2
Lot Line Adjustment Subdivisions.
§ 17-18.3
Minor Subdivisions.
§ 17-18.4
Site Plans.
§ 17-18.5
Preliminary Major Subdivisions.
§ 17-18.7
"C" Variances.
§ 17-18.6
Final Site Plans or Final Major Subdivisions.
§ 17-18.8
"D" Variances.
§ 17-18.9
Green Development Application Checklist.
Ch 17 Art VI
Development Standards
§ 17-19
GENERAL.
§ 17-20
CONSTRUCTION STANDARDS.
§ 17-20.1
Borough Standards.
§ 17-20.2
Other Standards.
§ 17-20.3
Grades.
§ 17-20.4
Inspection.
§ 17-21
SITE CONDITIONS.
§ 17-21.1
Site Conditions.
§ 17-21.2
Disposal of Dead Trees, Litter and Building Materials.
§ 17-21.3
Earth Removal and Topsoil.
§ 17-21.4
Temporary Improvements.
§ 17-22
SPECIFIC IMPROVEMENTS TO BE CONSTRUCTED OR INSTALLED.
§ 17-22.1
Stormwater.
§ 17-22.2
Sanitary Sewage Disposal.
§ 17-22.3
Potable Water.
§ 17-22.4
Utilities.
§ 17-22.5
Vehicular and Pedestrian Improvements.
§ 17-22.6
Natural Improvements.
§ 17-22.7
Monuments.
§ 17-22.8
Blocks.
§ 17-22.9
Lots.
§ 17-22.10
Recycling.
Ch 17 Art VII
Design Standards for Development
§ 17-23
GENERAL.
§ 17-24
SPECIFIC.
§ 17-24.1
Driveway Design Standards.
§ 17-24.2
Acceleration and Deceleration Lanes.
§ 17-24.3
Off-Street Parking.
§ 17-24.4
Off-street Loading Requirements.
§ 17-24.5
Joint Facilities for Off-street Parking or Loading.
§ 17-24.6
Maintenance of Off-street Parking and Loading Areas.
§ 17-24.7
Buffer Zone Requirements.
§ 17-24.8
Signs.
§ 17-24.9
Solid Waste and Recycling.
§ 17-24.10
Aesthetic Design Standards.
§ 17-25
PERFORMANCE STANDARDS.
§ 17-25.1
General Applications.
§ 17-25.2
(Reserved)
§ 17-25.3
Regulation of Nuisance Elements.
§ 17-25.4
Standards to be Enforced.
Ch 17 Art VIII
Zoning
§ 17-26
GENERAL INTENT.
§ 17-27
DETAILED PROVISIONS.
§ 17-27.1
Designation of Zones.
§ 17-27.2
Zoning Map.
§ 17-27.3
Interpretation of Boundaries.
§ 17-27.4
Zone Regulations.
§ 17-28
USE REGULATIONS.
§ 17-28.1
RA-40, Single Family Residence Zone.
§ 17-28.2
RA-30, Single Family Residence Zone.
§ 17-28.3
RA-15, Single Family Residence Zone.
§ 17-28.4
RA-7.5, Single Family Residence Zone.
§ 17-28.5
(Reserved)
§ 17-28.6
OSGU, Open Space Government Use Zone.
§ 17-28.7
RG-5, Multifamily Residence Zone.
§ 17-28.8
B-1, Business Zone.
§ 17-28.9
R-C, Resort-Commercial Zone.
§ 17-28.10
R-PRD, Residential - Planned Residential Development.
§ 17-28.11
HMC, Hotel/Motel Conference Center Zone.
§ 17-28.12
PUD, Planned Unit Development Zone.
§ 17-28.13
OB, Office Building Zone.
§ 17-28.14
SRC, Special Residential Cluster Zone.
§ 17-28.15
SRC-B, Special Residential Cluster B Zone.
§ 17-29
SCHEDULE OF AREA, YARD AND BULK REQUIREMENTS.
§ 17-30
SUPPLEMENTARY LOT, HEIGHT, AND YARD REGULATIONS.
§ 17-30.1
Lot Regulations.
§ 17-30.2
Height Regulations.
§ 17-30.3
Yard Regulations.
§ 17-30.4
Lot Coverage.
§ 17-30.5
Number of Buildings Restricted.
§ 17-30.6
Setback From Streams and Other Bodies of Water.
§ 17-30.7
Exceptions to Area and Dimension Requirements.
§ 17-30.8
Grading Permit.
§ 17-31
SUPPLEMENTAL REGULATIONS GOVERNING CERTAIN PERMITTED USES.
§ 17-31.1
Agricultural Uses.
§ 17-31.2
Clubs, Outdoor Recreation Facilities, Swimming Pools, and Arenas.
§ 17-31.3
Multi-Structure Development.
§ 17-31.4
Town Houses.
§ 17-31.5
Planned Developments.
§ 17-31.6
Hotels/Motels Conference Centers.
§ 17-31.7
Temporary Trailers.
§ 17-31.7A
Single-Family Detached - PUD Zone.
§ 17-31.8
Assisted Living Facility.
§ 17-31.9
Senior Citizen Housing.
§ 17-31.10
Provisions Applicable to Both Assisted Living Facility and Senior Citizen Housing.
§ 17-32
REGULATIONS GOVERNING PERMITTED ACCESSORY USES AND STRUCTURES.
§ 17-32.1
Accessory Structures in Residential and Nonresidential Zones.
§ 17-32.2
Swimming Pools, Tennis Courts, and Similar Recreational Structures in Residential Zones.
§ 17-32.3
Accessory Structures in Nonresidential Zones.
§ 17-32.4
Fences or Walls.
§ 17-32.5
Recreational Vehicles.
§ 17-32.6
Home Agriculture.
§ 17-32.7
Clothing Bins.
§ 17-33
REGULATIONS GOVERNING CONDITIONAL USES.
§ 17-33.1
Churches and Other Places of Worship.
§ 17-33.2
Animal Hospitals.
§ 17-33.3
Community Buildings, Clubs, Social Halls, Lodges, Fraternal Organizations, and Similar Uses.
§ 17-33.4
Nursery Schools.
§ 17-33.5
Nursing Homes.
§ 17-33.6
Essential Services.
§ 17-33.7
Motels, Hotels, and Motor Hotels.
§ 17-33.8
Automobile Service Stations Automotive Repair Service and Garages.
§ 17-33.9
Mobile Home Parks.
§ 17-33.10
(Reserved)
§ 17-33.11
Tertiary Sewage Treatment Plant (R-PRD Zone).
§ 17-34
OUTDOOR STORAGE AREAS.
§ 17-35
SATELLITE DISH ANTENNAS.
§ 17-35A
CELLULAR TELECOMMUNICATIONS ANTENNAS.
§ 17-35A.1
Permitted Location: Type of Structure.
§ 17-35A.2
Proof of Need and Minimum Impact.
§ 17-35A.3
Maximum Height.
§ 17-35A.4
Required Yard Location and Minimum Setbacks.
§ 17-35A.5
Mitigation of Visual and Secured Impact.
§ 17-35A.6
May be Additional Principal Use on Lot.
§ 17-35A.7
Design for Future Co-Location.
§ 17-35A.8
Abandonment: Removal.
§ 17-36
AMUSEMENT ENTERPRISES.
§ 17-37
NONCONFORMING USES AND STRUCTURES.
§ 17-37.1
Continuation of Use.
§ 17-37.2
Regulation of Nonconforming Uses.
§ 17-37.3
Termination of Nonconforming Uses.
§ 17-37.4
Reconstruction.
Ch 17 Art IX
Stormwater and Flood Plain Regulations
§ 17-38
PURPOSE.
§ 17-39
STORMWATER CONTROL.
§ 17-39.1
Scope and purpose.
§ 17-39.2
Definitions.
§ 17-39.3
Design and performance standards for stormwater management measures.
§ 17-39.4
Stormwater management requirements for major development and applicable non-major development.
§ 17-39.5
Calculation of stormwater runoff and groundwater recharge.
§ 17-39.6
Sources for technical guidance.
§ 17-39.7
Solids and floatable materials control standards.
§ 17-39.8
Safety standards for stormwater management basins.
§ 17-39.9
Requirements for a site development stormwater plan.
§ 17-39.10
Maintenance and repair.
§ 17-39.11
through § 17-39.19. (Reserved)
§ 17-39.20
Private Storm Drain Inlet Retrofitting.
§ 17-39.21
Privately-Owned Salt Storage.
§ 17-40
SITE PLAN AND PERMIT REQUIREMENTS IN FLOOD PLAIN AREAS.
§ 17-40.1
Site Plan Data.
§ 17-40.2
Permits.
§ 17-40.3
Conditions.
§ 17-41
SPECIFIC FLOOD PLAIN REQUIREMENTS.
§ 17-41.1
Preservation of Natural Land.
§ 17-41.2
Performance Standards.
§ 17-41.3
Prohibited Uses in Channels, Floodways, and Flood Fringe Areas.
§ 17-41.4
Conditions of Approval for Permitted Uses.
§ 17-42
VARIANCES.
§ 17-43
APPEALS.
§ 17-44
ADMINISTRATION AND ENFORCEMENT.
Ch 17 Art X
Regulations of Piers, Boathouses, and Marinas
§ 17-45
PURPOSE.
§ 17-46
GENERAL REQUIREMENTS APPLICABLE TO ALL PIERS, BOATHOUSES, AND MARINAS.
§ 17-47
DEVELOPMENT CONTROLS FOR PRIVATE PIERS AND DOCKS.
§ 17-48
DEVELOPMENT CONTROLS FOR BOATHOUSES.
§ 17-49
DEVELOPMENT CONTROLS FOR MARINAS.
§ 17-50
OTHER REQUIREMENTS APPLYING TO ALL WATERFRONT DEVELOPMENT.
Ch 17 Art XI
Environmental Impact and Environmental Impact Statement
§ 17-51
ENVIRONMENTAL APPRAISAL.
§ 17-52
WAIVERS.
§ 17-53
CONTENTS OF ENVIRONMENTAL IMPACT STATEMENT.
§ 17-54
DATA REQUIRED.
§ 17-54.1
The Proposed Project.
§ 17-54.2
Existing Conditions of the Site and Affected Off-site Areas.
§ 17-54.3
Wastewater Management.
§ 17-54.4
Water Supply.
§ 17-54.5
Surface Drainage.
§ 17-54.6
Stream Encroachments.
§ 17-54.7
Solid Waste Disposal.
§ 17-54.8
Air Quality.
§ 17-54.9
Historical.
§ 17-54.10
Traffic.
§ 17-54.11
Environmental Protective Measures.
§ 17-54.12
Adverse Impacts Which Cannot Be Avoided.
§ 17-54.13
Summary Environmental Assessment.
§ 17-54.14
Alternatives.
§ 17-55
ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.
Ch 17 Art XII
Critical Area Development Control
§ 17-56
SHORT TITLE.
§ 17-57
PURPOSE.
§ 17-58
APPLICABILITY.
§ 17-59
INITIAL PROCEDURE.
§ 17-60
INFORMATION REQUIRED.
§ 17-61
STANDARDS OF APPROVAL.
§ 17-62
DENSITY COMPUTATIONS.
Ch 17 Art XIII
Validity
§ 17-63
VALIDITY.
Ch 17 Art XIV
Repealer
§ 17-64
REPEALER.
Ch 17 Art XV
Effective Date
§ 17-65
EFFECTIVE DATE.
Ch 17 Art XVI
Highlands Preservation Area
§ 17-66
HIGHLANDS AREA DEVELOPMENT APPLICATION.
§ 17-66.1
Applicability.
§ 17-66.2
Administrative Completeness.
§ 17-66.3
Notice Requirements.
§ 17-66.4
Highlands Council Call-Up Provisions.
§ 17-66.5
Exclusions and Exemptions.
§ 17-66.6
Definitions.
§ 17-67
HIGHLANDS PRESERVATION AREA EXEMPTION ORDINANCE.
§ 17-67.1
Title, Purpose, Scope.
§ 17-67.2
Definitions.
§ 17-67.3
Geographic Area of Applicability.
§ 17-67.4
Highlands Act Exemption Determinations.
Ch 17 Art XVII
Affordable Housing Obligations
§ 17-68
MONITORING AND REPORTING REQUIREMENTS.
§ 17-69
DEFINITIONS.
§ 17-70
APPLICABILITY.
§ 17-71
ALTERNATIVE LIVING ARRANGEMENTS.
§ 17-72
PHASING SCHEDULE FOR INCLUSIONARY ZONING.
§ 17-73
NEW CONSTRUCTION.
§ 17-74
UTILITIES.
§ 17-75
OCCUPANCY STANDARDS.
§ 17-76
CONTROL PERIODS FOR RESTRICTED OWNERSHIP UNITS AND ENFORCEMENT MECHANISMS.
§ 17-77
PRICE RESTRICTIONS FOR RESTRICTED OWNERSHIP UNITS, HOMEOWNER'S ASSOCIATION FEES AND RESALE PRICES.
§ 17-78
BUYER INCOME ELIGIBILITY.
§ 17-79
LIMITATIONS ON INDEBTEDNESS SECURED BY OWNERSHIP UNIT; SUBORDINATION.
§ 17-80
CAPITAL IMPROVEMENTS TO OWNERSHIP UNITS.
§ 17-81
CONTROL PERIODS FOR RESTRICTED RENTAL UNITS.
§ 17-82
RENT RESTRICTIONS FOR RENTAL UNITS; LEASES.
§ 17-83
TENANT INCOME ELIGIBILITY.
§ 17-84
MUNICIPAL HOUSING LIAISON.
§ 17-85
ADMINISTRATIVE AGENT.
§ 17-86
AFFIRMATIVE MARKETING REQUIREMENTS.
§ 17-87
ENFORCEMENT OF AFFORDABLE HOUSING REGULATIONS.
§ 17-88
APPEALS.
§ 17-89
AFFIRMATIVE MARKETING PLAN.
Ch 17 Art XVIII
Development Fees
§ 17-90
PROVISIONS ADOPTED.
§ 17-91
PURPOSE.
§ 17-92
BASIC REQUIREMENTS.
§ 17-93
DEFINITIONS.
§ 17-94
RESIDENTIAL DEVELOPMENT FEES.
§ 17-95
NONRESIDENTIAL DEVELOPMENT FEES.
§ 17-96
COLLECTION PROCEDURES.
§ 17-97
AFFORDABLE HOUSING TRUST FUND.
§ 17-98
USE OF FUNDS.
§ 17-99
MONITORING.
§ 17-100
ONGOING COLLECTION OF FEES.
Disposition List
Ch DL
Disposition List
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Chapter 17
Land Development
ATTACHMENTS
Attachment 1 - App A Major Pollution Sources
Attachment 2 - App B Minor Pollution Sources
Attachment 3 - 17-66 Ex 1 Highlands Preservation Area
Attachment 4 - 17-67 Ex 1 Highlands Preservation Area
Attachment 5 - Zoning Map Color
Attachment 6 - Sch 1 Area Yard Bulk Requirements.
Attachment 7 - Sch 2 General Reqs
Attachment 8 - Sch 3 Lot line Adjustment
Attachment 9 - Minor Subdivision checklist
Attachment 10 - Sch 5 Site Plan Checklist
Attachment 11 - Sch 6 Preliminary Major Subdivisions
Attachment 12 - Sch 7 Final Site Plan or Final Major Subdivision
Attachment 13 - Sch 8 C Variances
Attachment 14 - Sch 9 D Variances
Attachment 15 - Sch 10 Green Development
Article I
Short Title
chevron_right
§ 17-0
SHORT TITLE.
chevron_right
Article II
General Provisions
chevron_right
§ 17-1
PURPOSES.
chevron_right
§ 17-2
DEFINITIONS.
chevron_right
§ 17-2A
ENFORCEMENT AND VIOLATIONS.
chevron_right
Article III
Land Development Administration
chevron_right
§ 17-3
PLANNING BOARD.
chevron_right
§ 17-3.1
Establishment.
chevron_right
§ 17-3.2
Terms.
chevron_right
§ 17-3.3
Vacancies.
chevron_right
§ 17-3.4
Organization.
chevron_right
§ 17-3.5
Powers and Duties.
chevron_right
§ 17-3.6
(Reserved)
chevron_right
§ 17-3.7
Alternate Members.
chevron_right
§ 17-3.8
Restrictions on Class I and Class III Members of the Planning Board.
chevron_right
§ 17-4
ZONING BOARD OF ADJUSTMENT ABOLISHED.
chevron_right
§ 17-4.1
Findings.
chevron_right
§ 17-4.2
Abolishment of Zoning Board of Adjustment; Discharge of Members.
chevron_right
§ 17-4.3
Reference to Board of Adjustment.
chevron_right
§ 17-4.4
Expiration of Variance.
chevron_right
§ 17-5
ADMINISTRATION.
chevron_right
§ 17-5.1
Conflicts of Interest.
chevron_right
§ 17-5.2
Compensation.
chevron_right
§ 17-5.3
Attorney.
chevron_right
§ 17-5.4
Experts and Staff.
chevron_right
§ 17-5.5
Rules and Regulations.
chevron_right
§ 17-5.6
Meetings.
chevron_right
§ 17-5.7
Minutes.
chevron_right
§ 17-5.8
Fees.
chevron_right
§ 17-5.9
Hearings.
chevron_right
§ 17-5.10
Notice Requirements for Hearing.
chevron_right
§ 17-5.11
Decisions.
chevron_right
§ 17-5.12
Payment of Taxes.
chevron_right
§ 17-5.13
Conditional Approval.
chevron_right
§ 17-5.14
Time Extensions.
chevron_right
§ 17-5.15
Time Limit on Variances.
chevron_right
§ 17-5.16
Certificates of Approval.
chevron_right
§ 17-5.17
Administration and Enforcement.
chevron_right
§ 17-5.18
Violations and Penalties.
chevron_right
§ 17-5.19
Exceptions and Waivers.
chevron_right
Article IV
Development Procedures
chevron_right
§ 17-6
APPLICATION FOR DEVELOPMENT.
chevron_right
§ 17-6.1
General.
chevron_right
§ 17-6.2
Complete Application.
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§ 17-6.3
(Reserved)
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§ 17-6.4
Submission of Complete Application.
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§ 17-7
MINOR SUBDIVISION.
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§ 17-7.1
Notice Requirements for Minor Subdivisions.
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§ 17-7.2
(Reserved)
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§ 17-7.3
Action.
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§ 17-7.4
Conditional Approval.
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§ 17-7.5
Filing With County Recording Officer.
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§ 17-7.6
Lands Resulting from Minor Subdivisions.
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§ 17-7.7
Effect of Approval.
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§ 17-7.8
Municipal Distribution of Approved Minor Subdivisions.
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§ 17-7.9
Tax Map Revision Fee.
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§ 17-8
PRELIMINARY MAJOR SUBDIVISION.
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§ 17-8.1
(Reserved)
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§ 17-8.2
(Reserved)
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§ 17-8.3
(Reserved)
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§ 17-8.4
Notice of Public Hearing.
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§ 17-8.5
Revisions.
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§ 17-8.6
Time Limit.
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§ 17-8.7
Other Required Approvals.
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§ 17-8.8
Planning Board Action.
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§ 17-8.9
Signatures Required.
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§ 17-9
FINAL MAJOR SUBDIVISION.
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§ 17-9.1
No Notice.
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§ 17-9.2
(Reserved)
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§ 17-9.3
(Reserved)
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§ 17-9.4
Time Limit.
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§ 17-9.5
Other Required Approvals.
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§ 17-9.6
Recording of Final Approval.
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§ 17-9.7
As-Built Plans.
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§ 17-9.8
Effect of Final Approval.
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§ 17-9.9
(Reserved)
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§ 17-9.10
Tax Map Revision Fee.
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§ 17-10
SITE PLANS.
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§ 17-10.1
Purposes.
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§ 17-10.2
Application of Requirements.
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§ 17-10.3
Exceptions.
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§ 17-10.4
Notice of Hearing.
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§ 17-10.5
Referral to other Agencies.
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§ 17-10.6
(Reserved)
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§ 17-10.7
Planning Board Action.
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§ 17-10.8
Compliance With Site Plan Approval.
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§ 17-10.9
Site Plan Binding.
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§ 17-10.10
Revocation of Construction Permit or Certificate of Occupancy.
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§ 17-10.11
Effect of Preliminary Approval of Site Plan.
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§ 17-10.12
Effect of Final Approval of Site Plan.
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§ 17-11
IMPROVEMENTS - PRELIMINARY, CONDITIONAL FINAL, AND FINAL SITE PLAN APPROVAL.
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§ 17-11.1
Improvements.
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§ 17-12
PERFORMANCE GUARANTIES.
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§ 17-12.1
General.
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§ 17-12.2
Type of Guaranty.
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§ 17-12.3
Time of Guaranty.
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§ 17-12.4
Borough Completion.
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§ 17-12.5
Acceptance of Performance Guaranty by the Governing Body.
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§ 17-12.6
Release of Performance Guaranty.
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§ 17-13
MAINTENANCE GUARANTY.
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§ 17-14
ACCEPTANCE OF IMPROVEMENTS.
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§ 17-15
IMPROVEMENTS REQUIRED FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY.
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§ 17-15.1
Building/Construction Permit.
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§ 17-15.2
Certificate of Occupancy.
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§ 17-16
SNOW AND ICE REMOVAL FROM DEDICATED BUT NOT ACCEPTED STREETS.
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§ 17-17
OFF-SITE OR OFF-TRACT IMPROVEMENTS.
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§ 17-17.1
Where Required.
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§ 17-17.2
Planning Board Determination.
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§ 17-17.3
Methods of Implementation.
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§ 17-17.4
Pro Rata Formula in Determining Applicant's Share of Off-Site or Off-Tract Improvements.
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Article V
Development Requirements
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§ 17-18
APPLICATION SUBMISSION REQUIREMENTS.
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§ 17-18.1
General.
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§ 17-18.2
Lot Line Adjustment Subdivisions.
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§ 17-18.3
Minor Subdivisions.
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§ 17-18.4
Site Plans.
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§ 17-18.5
Preliminary Major Subdivisions.
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§ 17-18.7
"C" Variances.
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§ 17-18.6
Final Site Plans or Final Major Subdivisions.
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§ 17-18.8
"D" Variances.
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§ 17-18.9
Green Development Application Checklist.
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Article VI
Development Standards
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§ 17-19
GENERAL.
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§ 17-20
CONSTRUCTION STANDARDS.
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§ 17-20.1
Borough Standards.
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§ 17-20.2
Other Standards.
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§ 17-20.3
Grades.
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§ 17-20.4
Inspection.
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§ 17-21
SITE CONDITIONS.
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§ 17-21.1
Site Conditions.
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§ 17-21.2
Disposal of Dead Trees, Litter and Building Materials.
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§ 17-21.3
Earth Removal and Topsoil.
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§ 17-21.4
Temporary Improvements.
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§ 17-22
SPECIFIC IMPROVEMENTS TO BE CONSTRUCTED OR INSTALLED.
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§ 17-22.1
Stormwater.
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§ 17-22.2
Sanitary Sewage Disposal.
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§ 17-22.3
Potable Water.
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§ 17-22.4
Utilities.
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§ 17-22.5
Vehicular and Pedestrian Improvements.
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§ 17-22.6
Natural Improvements.
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§ 17-22.7
Monuments.
chevron_right
§ 17-22.8
Blocks.
chevron_right
§ 17-22.9
Lots.
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§ 17-22.10
Recycling.
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Article VII
Design Standards for Development
chevron_right
§ 17-23
GENERAL.
chevron_right
§ 17-24
SPECIFIC.
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§ 17-24.1
Driveway Design Standards.
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§ 17-24.2
Acceleration and Deceleration Lanes.
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§ 17-24.3
Off-Street Parking.
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§ 17-24.4
Off-street Loading Requirements.
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§ 17-24.5
Joint Facilities for Off-street Parking or Loading.
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§ 17-24.6
Maintenance of Off-street Parking and Loading Areas.
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§ 17-24.7
Buffer Zone Requirements.
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§ 17-24.8
Signs.
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§ 17-24.9
Solid Waste and Recycling.
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§ 17-24.10
Aesthetic Design Standards.
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§ 17-25
PERFORMANCE STANDARDS.
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§ 17-25.1
General Applications.
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§ 17-25.2
(Reserved)
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§ 17-25.3
Regulation of Nuisance Elements.
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§ 17-25.4
Standards to be Enforced.
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Article VIII
Zoning
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§ 17-26
GENERAL INTENT.
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§ 17-27
DETAILED PROVISIONS.
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§ 17-27.1
Designation of Zones.
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§ 17-27.2
Zoning Map.
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§ 17-27.3
Interpretation of Boundaries.
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§ 17-27.4
Zone Regulations.
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§ 17-28
USE REGULATIONS.
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§ 17-28.1
RA-40, Single Family Residence Zone.
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§ 17-28.2
RA-30, Single Family Residence Zone.
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§ 17-28.3
RA-15, Single Family Residence Zone.
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§ 17-28.4
RA-7.5, Single Family Residence Zone.
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§ 17-28.5
(Reserved)
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§ 17-28.6
OSGU, Open Space Government Use Zone.
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§ 17-28.7
RG-5, Multifamily Residence Zone.
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§ 17-28.8
B-1, Business Zone.
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§ 17-28.9
R-C, Resort-Commercial Zone.
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§ 17-28.10
R-PRD, Residential - Planned Residential Development.
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§ 17-28.11
HMC, Hotel/Motel Conference Center Zone.
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§ 17-28.12
PUD, Planned Unit Development Zone.
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§ 17-28.13
OB, Office Building Zone.
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§ 17-28.14
SRC, Special Residential Cluster Zone.
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§ 17-28.15
SRC-B, Special Residential Cluster B Zone.
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§ 17-29
SCHEDULE OF AREA, YARD AND BULK REQUIREMENTS.
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§ 17-30
SUPPLEMENTARY LOT, HEIGHT, AND YARD REGULATIONS.
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§ 17-30.1
Lot Regulations.
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§ 17-30.2
Height Regulations.
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§ 17-30.3
Yard Regulations.
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§ 17-30.4
Lot Coverage.
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§ 17-30.5
Number of Buildings Restricted.
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§ 17-30.6
Setback From Streams and Other Bodies of Water.
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§ 17-30.7
Exceptions to Area and Dimension Requirements.
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§ 17-30.8
Grading Permit.
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§ 17-31
SUPPLEMENTAL REGULATIONS GOVERNING CERTAIN PERMITTED USES.
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§ 17-31.1
Agricultural Uses.
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§ 17-31.2
Clubs, Outdoor Recreation Facilities, Swimming Pools, and Arenas.
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§ 17-31.3
Multi-Structure Development.
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§ 17-31.4
Town Houses.
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§ 17-31.5
Planned Developments.
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§ 17-31.6
Hotels/Motels Conference Centers.
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§ 17-31.7
Temporary Trailers.
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§ 17-31.7A
Single-Family Detached - PUD Zone.
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§ 17-31.8
Assisted Living Facility.
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§ 17-31.9
Senior Citizen Housing.
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§ 17-31.10
Provisions Applicable to Both Assisted Living Facility and Senior Citizen Housing.
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§ 17-32
REGULATIONS GOVERNING PERMITTED ACCESSORY USES AND STRUCTURES.
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§ 17-32.1
Accessory Structures in Residential and Nonresidential Zones.
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§ 17-32.2
Swimming Pools, Tennis Courts, and Similar Recreational Structures in Residential Zones.
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§ 17-32.3
Accessory Structures in Nonresidential Zones.
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§ 17-32.4
Fences or Walls.
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§ 17-32.5
Recreational Vehicles.
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§ 17-32.6
Home Agriculture.
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§ 17-32.7
Clothing Bins.
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§ 17-33
REGULATIONS GOVERNING CONDITIONAL USES.
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§ 17-33.1
Churches and Other Places of Worship.
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§ 17-33.2
Animal Hospitals.
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§ 17-33.3
Community Buildings, Clubs, Social Halls, Lodges, Fraternal Organizations, and Similar Uses.
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§ 17-33.4
Nursery Schools.
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§ 17-33.5
Nursing Homes.
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§ 17-33.6
Essential Services.
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§ 17-33.7
Motels, Hotels, and Motor Hotels.
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§ 17-33.8
Automobile Service Stations Automotive Repair Service and Garages.
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§ 17-33.9
Mobile Home Parks.
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§ 17-33.10
(Reserved)
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§ 17-33.11
Tertiary Sewage Treatment Plant (R-PRD Zone).
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§ 17-34
OUTDOOR STORAGE AREAS.
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§ 17-35
SATELLITE DISH ANTENNAS.
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§ 17-35A
CELLULAR TELECOMMUNICATIONS ANTENNAS.
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§ 17-35A.1
Permitted Location: Type of Structure.
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§ 17-35A.2
Proof of Need and Minimum Impact.
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§ 17-35A.3
Maximum Height.
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§ 17-35A.4
Required Yard Location and Minimum Setbacks.
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§ 17-35A.5
Mitigation of Visual and Secured Impact.
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§ 17-35A.6
May be Additional Principal Use on Lot.
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§ 17-35A.7
Design for Future Co-Location.
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§ 17-35A.8
Abandonment: Removal.
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§ 17-36
AMUSEMENT ENTERPRISES.
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§ 17-37
NONCONFORMING USES AND STRUCTURES.
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§ 17-37.1
Continuation of Use.
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§ 17-37.2
Regulation of Nonconforming Uses.
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§ 17-37.3
Termination of Nonconforming Uses.
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§ 17-37.4
Reconstruction.
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Article IX
Stormwater and Flood Plain Regulations
chevron_right
§ 17-38
PURPOSE.
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§ 17-39
STORMWATER CONTROL.
chevron_right
§ 17-39.1
Scope and purpose.
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§ 17-39.2
Definitions.
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§ 17-39.3
Design and performance standards for stormwater management measures.
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§ 17-39.4
Stormwater management requirements for major development and applicable non-major development.
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§ 17-39.5
Calculation of stormwater runoff and groundwater recharge.
chevron_right
§ 17-39.6
Sources for technical guidance.
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§ 17-39.7
Solids and floatable materials control standards.
chevron_right
§ 17-39.8
Safety standards for stormwater management basins.
chevron_right
§ 17-39.9
Requirements for a site development stormwater plan.
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§ 17-39.10
Maintenance and repair.
chevron_right
§ 17-39.11
through § 17-39.19. (Reserved)
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§ 17-39.20
Private Storm Drain Inlet Retrofitting.
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§ 17-39.21
Privately-Owned Salt Storage.
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§ 17-40
SITE PLAN AND PERMIT REQUIREMENTS IN FLOOD PLAIN AREAS.
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§ 17-40.1
Site Plan Data.
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§ 17-40.2
Permits.
chevron_right
§ 17-40.3
Conditions.
chevron_right
§ 17-41
SPECIFIC FLOOD PLAIN REQUIREMENTS.
chevron_right
§ 17-41.1
Preservation of Natural Land.
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§ 17-41.2
Performance Standards.
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§ 17-41.3
Prohibited Uses in Channels, Floodways, and Flood Fringe Areas.
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§ 17-41.4
Conditions of Approval for Permitted Uses.
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§ 17-42
VARIANCES.
chevron_right
§ 17-43
APPEALS.
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§ 17-44
ADMINISTRATION AND ENFORCEMENT.
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Article X
Regulations of Piers, Boathouses, and Marinas
chevron_right
§ 17-45
PURPOSE.
chevron_right
§ 17-46
GENERAL REQUIREMENTS APPLICABLE TO ALL PIERS, BOATHOUSES, AND MARINAS.
chevron_right
§ 17-47
DEVELOPMENT CONTROLS FOR PRIVATE PIERS AND DOCKS.
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§ 17-48
DEVELOPMENT CONTROLS FOR BOATHOUSES.
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§ 17-49
DEVELOPMENT CONTROLS FOR MARINAS.
chevron_right
§ 17-50
OTHER REQUIREMENTS APPLYING TO ALL WATERFRONT DEVELOPMENT.
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Article XI
Environmental Impact and Environmental Impact Statement
chevron_right
§ 17-51
ENVIRONMENTAL APPRAISAL.
chevron_right
§ 17-52
WAIVERS.
chevron_right
§ 17-53
CONTENTS OF ENVIRONMENTAL IMPACT STATEMENT.
chevron_right
§ 17-54
DATA REQUIRED.
chevron_right
§ 17-54.1
The Proposed Project.
chevron_right
§ 17-54.2
Existing Conditions of the Site and Affected Off-site Areas.
chevron_right
§ 17-54.3
Wastewater Management.
chevron_right
§ 17-54.4
Water Supply.
chevron_right
§ 17-54.5
Surface Drainage.
chevron_right
§ 17-54.6
Stream Encroachments.
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§ 17-54.7
Solid Waste Disposal.
chevron_right
§ 17-54.8
Air Quality.
chevron_right
§ 17-54.9
Historical.
chevron_right
§ 17-54.10
Traffic.
chevron_right
§ 17-54.11
Environmental Protective Measures.
chevron_right
§ 17-54.12
Adverse Impacts Which Cannot Be Avoided.
chevron_right
§ 17-54.13
Summary Environmental Assessment.
chevron_right
§ 17-54.14
Alternatives.
chevron_right
§ 17-55
ENVIRONMENTAL IMPACT STATEMENT REQUIREMENTS.
chevron_right
Article XII
Critical Area Development Control
chevron_right
§ 17-56
SHORT TITLE.
chevron_right
§ 17-57
PURPOSE.
chevron_right
§ 17-58
APPLICABILITY.
chevron_right
§ 17-59
INITIAL PROCEDURE.
chevron_right
§ 17-60
INFORMATION REQUIRED.
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§ 17-61
STANDARDS OF APPROVAL.
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§ 17-62
DENSITY COMPUTATIONS.
chevron_right
Article XIII
Validity
chevron_right
§ 17-63
VALIDITY.
chevron_right
Article XIV
Repealer
chevron_right
§ 17-64
REPEALER.
chevron_right
Article XV
Effective Date
chevron_right
§ 17-65
EFFECTIVE DATE.
chevron_right
Article XVI
Highlands Preservation Area
chevron_right
§ 17-66
HIGHLANDS AREA DEVELOPMENT APPLICATION.
chevron_right
§ 17-66.1
Applicability.
chevron_right
§ 17-66.2
Administrative Completeness.
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§ 17-66.3
Notice Requirements.
chevron_right
§ 17-66.4
Highlands Council Call-Up Provisions.
chevron_right
§ 17-66.5
Exclusions and Exemptions.
chevron_right
§ 17-66.6
Definitions.
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§ 17-67
HIGHLANDS PRESERVATION AREA EXEMPTION ORDINANCE.
chevron_right
§ 17-67.1
Title, Purpose, Scope.
chevron_right
§ 17-67.2
Definitions.
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§ 17-67.3
Geographic Area of Applicability.
chevron_right
§ 17-67.4
Highlands Act Exemption Determinations.
chevron_right
Article XVII
Affordable Housing Obligations
chevron_right
§ 17-68
MONITORING AND REPORTING REQUIREMENTS.
chevron_right
§ 17-69
DEFINITIONS.
chevron_right
§ 17-70
APPLICABILITY.
chevron_right
§ 17-71
ALTERNATIVE LIVING ARRANGEMENTS.
chevron_right
§ 17-72
PHASING SCHEDULE FOR INCLUSIONARY ZONING.
chevron_right
§ 17-73
NEW CONSTRUCTION.
chevron_right
§ 17-74
UTILITIES.
chevron_right
§ 17-75
OCCUPANCY STANDARDS.
chevron_right
§ 17-76
CONTROL PERIODS FOR RESTRICTED OWNERSHIP UNITS AND ENFORCEMENT MECHANISMS.
chevron_right
§ 17-77
PRICE RESTRICTIONS FOR RESTRICTED OWNERSHIP UNITS, HOMEOWNER'S ASSOCIATION FEES AND RESALE PRICES.
chevron_right
§ 17-78
BUYER INCOME ELIGIBILITY.
chevron_right
§ 17-79
LIMITATIONS ON INDEBTEDNESS SECURED BY OWNERSHIP UNIT; SUBORDINATION.
chevron_right
§ 17-80
CAPITAL IMPROVEMENTS TO OWNERSHIP UNITS.
chevron_right
§ 17-81
CONTROL PERIODS FOR RESTRICTED RENTAL UNITS.
chevron_right
§ 17-82
RENT RESTRICTIONS FOR RENTAL UNITS; LEASES.
chevron_right
§ 17-83
TENANT INCOME ELIGIBILITY.
chevron_right
§ 17-84
MUNICIPAL HOUSING LIAISON.
chevron_right
§ 17-85
ADMINISTRATIVE AGENT.
chevron_right
§ 17-86
AFFIRMATIVE MARKETING REQUIREMENTS.
chevron_right
§ 17-87
ENFORCEMENT OF AFFORDABLE HOUSING REGULATIONS.
chevron_right
§ 17-88
APPEALS.
chevron_right
§ 17-89
AFFIRMATIVE MARKETING PLAN.
chevron_right
Article XVIII
Development Fees
chevron_right
§ 17-90
PROVISIONS ADOPTED.
chevron_right
§ 17-91
PURPOSE.
chevron_right
§ 17-92
BASIC REQUIREMENTS.
chevron_right
§ 17-93
DEFINITIONS.
chevron_right
§ 17-94
RESIDENTIAL DEVELOPMENT FEES.
chevron_right
§ 17-95
NONRESIDENTIAL DEVELOPMENT FEES.
chevron_right
§ 17-96
COLLECTION PROCEDURES.
chevron_right
§ 17-97
AFFORDABLE HOUSING TRUST FUND.
chevron_right
§ 17-98
USE OF FUNDS.
chevron_right
§ 17-99
MONITORING.
chevron_right
§ 17-100
ONGOING COLLECTION OF FEES.
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