[Ord. No. 77:1]
This chapter shall be known and may be cited as the "1977 Borough
of New Milford Land Use Regulations."
[Ord. No. 77:1]
It is the intent and purpose of this chapter to:
a.
Encourage action to guide the appropriate use or development of all
lands in the Borough in a manner which will promote the public health,
safety, morals and general welfare.
b.
Secure safety from fire, flood, panic and other natural and man-made
disasters.
c.
Provide adequate light, air and open space.
d.
Ensure that the development of the Borough does not conflict with
the development and general welfare of neighboring municipalities.
e.
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods and the entire municipality as well as the preservation
of the environment.
f.
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies.
g.
Provide sufficient space in appropriate locations for a variety of
residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
h.
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
i.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
j.
Promote the conservation of open space and valuable natural resources
and prevent urban sprawl and degradation of the environment through
improper use of land.
k.
Encourage coordination of the various public and private procedures
and activities shaping land development with a view to lessening the
costs of such development and to the more efficient use of land.
l.
Establish orderly and uniform procedures relating to land use and
development regulation.
[Ord. No. 77:1]
a.
It is not intended by this chapter to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of other laws
or any private restrictions placed upon property by covenant, deed
or other private agreement unless repugnant hereto.
b.
Where this chapter imposes a greater restriction upon the use of
buildings or premises or upon the height of buildings or lot coverage
or requires greater lot area or larger yards or other open spaces
than are imposed or required by such rules, regulations or permits
or by such private restrictions, the provisions of this chapter shall
control.
[Ord. No. 77:1; Ord. No. 85:1 § 1; Ord. No. 91:16 § I; Ord.
No. 93:30 § I; Ord. No.
97:03 § 1; Ord. No. 97:09 § 1; Ord. No. 2008:06; Ord. No. 2011:24; Ord. No. 2013:19; Ord.
No. 2014:13; Ord. No. 2014:24; Ord. No. 2016:05; Ord. No. 2018:15]
As used in this chapter:
Shall mean a building, the use of which is incidental to
that of the main building which is located on the same lot.
Shall mean a use naturally, normally and customarily incident
and subordinate to the main use of the premises or lot.
Shall mean the Borough Administrator, official or employee
as designated by the governing body of the Borough of New Milford.
Shall mean a sign directing attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where the sign is maintained including a billboard
sign. An "advertising sign" also includes a sign directing attention
to a product or service offered upon the premises but which could
be offered elsewhere.
Shall mean a change in the supporting members of a building
or an addition to or diminution of a building; a change in use to
a different use or to a use of greater intensity; an enlargement of
a use; a conversion of a building or of a part thereof; or removal
of a building from one location to another on the same lot or a different
lot.
Shall mean one or more dwelling rooms, as regulated in this
chapter, with private bath and kitchen facilities, comprising an independent
self-contained dwelling unit in a larger building.
Shall mean a developer submitting an application for land
development (minor subdivision, major subdivision, site plan review,
conditional use or zoning variance).
Shall mean the application form and all accompanying documents
and fees required by this chapter in consideration for approval of
a subdivision, plat, site plan, conditional use or zoning variance.
Shall mean the surface measured on a horizontal plane.
Shall mean a business establishment authorized to perform
financial transactions such as receiving and lending money, but not
including check cashing stores or pawnshops.
[Ord. No. 2016:05]
Shall mean a story in a building having a floor below the
finished grade at any point on the periphery of the building and having
a structural ceiling level at least three (3') feet above the average
finished grade along any side of the building. See also "cellar" and
"story."
[Ord. No. 2018:15]
Shall mean a structure erected for the display of advertisements.
Shall mean that property abutting on one side of a street
and lying between two nearest intersecting or intercepting streets.
Shall mean any structure used or intended for supporting
or sheltering any use or occupancy. Whenever the term "building" is
used in this chapter, it shall include "as hereinafter defined for
the purpose of this chapter"; the term "building" shall be construed
as if followed by the words "or portion thereof."
Shall mean the percentage of the lot area covered by buildings
or other structures, including residences, garages, sheds, porches,
cabanas and all buildings or structures with roofed areas, but shall
exclude open decks. Building coverage shall be computed by using the
outside building dimensions projected on a horizontal plane, including
but not limited to cantilevers, roof overhangs, bay windows or other
parts of the building.
[Ord. No. 2014:24; Ord. No. 2018:15]
See Height of Building.
Shall mean a sign with movable letters, words or numbers
indicating the names of persons associated with or events conducted
upon the premises where such sign is maintained. This sign is incorporated
into the total square footage permitted under this chapter. The sign
may be either permanent or a mobile type.
Shall mean a sign directing attention to the name of a business,
commodity, service or entertainment conducted, sold or offered upon
the premises where the sign is maintained.
Shall mean a sign, other than a projection sign, mounted
on the canopy or awning of any building and identifying the name or
address of the building or an establishment contained therein.
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean a space in a building with a structural ceiling
level less than four (4') feet above the average finished grade along
any side of the building facing a street.
[Ord. No. 2018:15]
Shall mean 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.
Shall mean an establishment providing washing, drying and/or
dry-cleaning machines that are not available to the public for self-service
use.
[Ord. No. 2016:05]
Shall mean a building, group of buildings or outdoor facilities
used for recreational purposes and operated as a business and open
to the public for a fee, including skating and roller rinks, indoor
batting cages, indoor play areas, sports fields, recreation centers,
and indoor swimming pools or tennis courts.
[Ord. No. 2016:05]
Shall mean an educational or training establishment operated
for a business, including the instruction of language, math, test
preparation, dance, fine or applied arts, martial arts, business,
computers or the like.
[Ord. No. 2016:05]
Shall mean an open space area shown on a recorded subdivision
and designed and intended for the use or enjoyment of residents and
owners of two or more lots. "Common open space" may contain such complementary
structures and improvements as may be approved by the Planning Board
as necessary and appropriate for the use or enjoyment of residents
and owners of the lots involved.
Shall mean two or more contiguous parcels of real property
in the same ownership.
Shall mean a use permitted in a particular zone 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 this chapter and upon the issuance of an authorization
therefor by the Planning Board.
Shall mean a parcel of land not over seventy-five (75') feet
in width at the junction of and fronting on two intersecting streets.
Insofar as the size of a parcel located at the junction and fronting
on two intersecting streets is in excess of those dimensions, its
excess area shall be treated the same as an interior lot.
Shall mean an open, uncovered and unoccupied space on the
same lot as a building where such space is enclosed wholly or partly
by buildings, walks or other enclosing devices.
Shall mean a roofless structure, the floor height of which
is more than twelve (12") inches above the finished grade measured
at any point of the structure.
[Ord. No. 2014:24]
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean the distance between its mean front lot line and
its mean rear lot line.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining, excavation or landfill; and any use or change in
use of any building or other structure or land or extension of use
of land, for which permission may be required pursuant to this chapter.
Shall mean a Zoning Ordinance, Subdivision Ordinance, Site
Plan Ordinance, Official Map Ordinance or other Borough regulation
of the use and development of land, or amendment thereto, adopted
and filed pursuant to Chapter 291, Laws of New Jersey 1975.
Shall mean the removal of surface water or groundwater (subsurface
water) from land by drainage pipes or other conduits, grading or other
means and includes control of runoff to minimize erosion and sedimentation
during and after construction or development and means necessary for
water supply preservation as prevention or alleviation of flooding.
Shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated.
Shall mean any building which is designed for or occupied,
in part or whole, as a house, residence or sleeping place for one
or more persons, either permanently or transiently.
Shall mean a building or portion thereof used for living
purposes by one family and having sleeping, eating, cooking and sanitary
facilities for its exclusive use.
[Ord. No. 2014:13]
Shall mean an encumbrance or grant of an estate in lands,
distinct from ownership, to use in some way the lands of another.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean any number of individuals related by blood or
marriage, including servants, living together as a single housekeeping
unit.
Shall mean the official action of the Planning Board taken
on a preliminarily approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with regulations established by this chapter and which, if approved,
shall be filed with the proper County Recording Officer.
Shall mean and be defined in accordance with the Borough
Building Code.
Shall mean that property of materials or their assemblies
which prevents or retards the passage of excessive heat, hot gases
or flames under conditions of use.
Shall mean an illuminated sign, whether stationary or rotating,
which exhibits changing light intensity or color effects.
Shall mean the lands located within Zone AE on the Federal
Emergency Management Agency's Flood Insurance Rate Maps.
[Added 12-19-2022 by Ord.
No. 2022:25]
Shall mean:
For the purpose of computing "floor area" in determining minimum
residential floor area, the area of all floors computed by measuring
the inside dimension of the outside walls in a building, excluding
the floors of the following: crawl spaces, cellars, porches, breezeways,
patios, terraces, garages and carports. The "floor area" of a second
floor room or attic shall be included if the ceiling height is at
least seven (7') feet, notwithstanding that the room or attic has
minor ceiling slopes, provided that these walls are at least five
(5') feet in height.
For the purpose of computing off-street parking requirements
and floor area ratio, "floor area" shall be defined as the area of
all floors computed by using the dimensions of the outside walls of
a building, excluding the basement area only if it is used for storage
or mechanical equipment for heating and ventilation and is not devoted
to the principal use of the building, and also excluding any "floor
area" devoted to off-street parking or loading facilities, including
aisles, ramps and maneuvering space.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
Shall mean an open unoccupied space on the same lot with
a building situated between the street wall of the building extended
to the side lines of the lot and the front lot line.
Shall mean the Mayor and Council of the Borough of New Milford.
[Ord. No. 2018:15; amended 12-19-2022 by Ord. No. 2022:25]
Shall mean a reference plane representing the average elevation
of the finished ground adjoining the building at all exterior walls,
except for areas or portions of the building area of a lot located
within the Flood Hazard Area Zone AE in the Residential A and Residential
B zones. The grade plane shall be calculated by averaging the ground
elevation at the primary building corners and the midpoint of the
primary exterior walls. The existing grade shall not be altered by
more than two feet.
In areas or portions of the building area of a lot located within
the Flood Hazard Area Zone AE, shall mean the more restrictive of
the base flood elevation or advisory base flood elevation of the flood
hazard area plus two feet.
Shall mean a detached sign erected upon or supported by the
ground.
Shall mean an establishment that provides facilities for
physical exercise such as aerobics, running, jogging, weight lifting,
game courts, swimming facilities, and accessory saunas, showers, massage
rooms and lockers, within an enclosed building or buildings.
[Ord. No. 2016:05]
Shall mean the vertical distance measured from the grade
plane of the building to the highest point of the roof.
Shall mean the part of a dwelling used by a resident of that
dwelling to conduct a business subject to the restrictions of the
accessory use for the same.
Shall mean a sign, other than a bulletin board sign, indicating
the name of a permitted use, the name or address of a building or
the name of the management thereof.
Shall mean a sign designed to give forth artificial light
or to reflect such light.
Shall mean the percentage of the lot area covered by principal
and accessory buildings, structures and uses, including but not limited
to decks, driveways, patios, walkways, parking areas, garages, pools
and all areas covered by any materials other than vegetation or soil.
[Ord. No. 2014:24; Ord. No. 2018:15]
Shall mean a sign conveying instructions with respect to
the premises where it is maintained such as signs designating "No
Parking," "No Trespassing" and similar signs.
Shall mean in a criminal or quasi-criminal proceeding, any
citizen of the State 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 municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose right to use, acquire or
enjoy property under this chapter or under any other law of this State
or of the United States has been denied, violated or infringed by
an action or a failure to act under this chapter.
Shall mean a lot having a frontage on only one street.
Shall mean a driveway providing access from an exterior public
street to parking areas and/or private driveways.
Shall mean and include improvements and fixtures on, above
or below the surface.
Shall mean a parcel of land, the location, dimensions and
boundaries of which are determined by the latest official record,
and occupied or intended to be occupied by one building and accessory
buildings and uses, including such open spaces as are required by
this chapter.
Shall mean the total square unit contents included within
a lot, measured in square feet.
Shall mean any security other than cash which may be accepted
by the Borough for the maintenance of any improvements required by
this chapter.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean the converting of raw, unfinished materials or
products, or any or either of them, into an article or articles or
substance of a different character or for use for a different purpose.
Shall mean a composite of one or more written or graphic
proposals for the development of the Borough as set forth in and adopted
pursuant to Section 19 of Chapter 291 of the Laws of New Jersey 1975.
Shall mean a building or portion thereof providing diagnostic,
therapeutic, or preventive medical, osteopathic, chiropractic, dental,
psychological and similar or related treatment by a practitioner or
group of practitioners licensed to perform such services to ambulatory
patients on an outpatient basis only, and without facilities for inpatient
care, major surgical procedures, or emergency and urgent care. A medical
office may also contain associated in-house ancillary services such
as in-house diagnostic testing facilities, physical therapy, medical
counseling services, and similar services.
[Ord. No. 2016:05]
Shall mean a building not exceeding four stories in height
containing apartments/townhomes, each of which shall be contained
on a single floor elevation and shall be served by common interior
hallways and central elevator, stairway and vestibule facilities.
Apartments/townhomes within a mid-rise apartment building may be offered
as either condominiums or rental units at the discretion of the owner/sponsor
of the project.
Shall mean any subdivision containing not more than three
building plots fronting on an improved street, not involving any new
street or road or the extension of municipal facilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property and not in conflict with any provisions or portion of the
Master Plan, Official Map, Zoning Ordinance or this chapter.
Shall mean a building or other structure or premises used
for the retail dispensing or sales of vehicular fuels, including the
retail sales of oil, grease, anti-freeze, tires, batteries, and automobile
accessories.
[Ord. No. 2016:05]
Shall mean a repair shop for motor vehicles including major
repairs and clearly accessory services, including the retail dispensing
or sales of vehicular fuels, but not including spray booths for painting
of vehicles.
[Ord. No. 2016:05]
Shall mean a building containing three or more dwelling units
occupied or intended to be occupied by persons living independently
of each other, or a group of such buildings.
[Ord. No. 2014:13]
Shall mean a multifamily dwelling one to two and one-half
(2 1/2) stories in height.
[Ord. No. 2014:13]
Shall mean a multifamily dwelling three to five and one-half
(5 1/2) stories in height.
[Ord. No. 2014:13]
Shall mean the Borough Planning Board or the Board of Adjustment.
Shall mean a lot the area, dimensions or location of which
was lawful prior to December 18, 1958, or any subsequent revisions
or amendments thereto, but which fails to conform to the requirements
of the zone in which it is located by reason of such adoption, revision
or amendment.
Shall mean any building or structure, or any use of a building
or structure, which is not in conformity with the regulations herein
prescribed but which was legally authorized at the time of the adoption
of this chapter.
Shall mean a room or group of rooms used for conducting the
affairs of a business, profession, service, industry or government,
and generally furnished with desks, tables, files and communication
equipment, including offices of general, business, executive, legal,
accounting, architect, planning, engineer, real estate, contractor
and employment agencies but excluding medical offices.
[Ord. No. 2016:05]
Shall mean a map adopted in accordance with the Official Map and Building Permit Act, N.J.S.A. 40:55-1.30 et seq., or any prior act authorizing such adoption and which is continued by this chapter pursuant to Article 5 of Chapter 291 of the Laws of New Jersey 1975. Such a map shall be deemed conclusive with respect to the location, width and extent of streets and other areas shown thereon, as provided in Article IV of this chapter.
Shall mean located outside the lot lines of the lot in question
but within the property, of which the lot is a part, which is the
subject of a development application or contiguous portion of a street
right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
right-of-way.
Shall mean a separate building designed for or occupied exclusively
by one family.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such "open space,"
provided that such areas may be improved with only those buildings,
structures, streets and off-street parking and other improvements
that are designed to be incidental to the natural openness of the
land.
Shall mean an outdoor designated area that is located on
the property of an existing restaurant, bar or retail store or on
the public sidewalk or the right-of-way immediately adjacent to the
property of an existing restaurant, bar or retail store and where
food and beverages that are normally offered to the public inside
the restaurant, bar or retail store are offered and served to the
public in the designated outdoor area.
[Ord. No. 2016:05]
Shall mean any person having sufficient proprietary interest
in the land sought to be developed to commence and maintain proceedings
to develop the same under this chapter.
Shall mean an open area, other than a street, driveway or
public way, used for the parking of motor vehicles and available for
public use whether for a fee or as a service or privilege for clients,
customers, suppliers or residents.
Shall mean an off-street parking space available for the
parking of one motor vehicle and being an area nine (9') feet wide
and twenty (20') feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto, and having direct access
to a street.
Shall mean for the purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under subsection 30-3.4k of this chapter.
Shall mean a roofless structure, the maximum height of which
is no more than twelve (12") inches above the finished grade measured
at the point of the structure.
[Ord. No. 2014:24]
Shall mean a created surface, such as brick, stone, concrete,
or asphalt placed on the land to facilitate passage; in reference
to a street, pavement shall mean that part of a street having an improved
surface.
[Ord. No. 2014:24]
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board approves a plat, including cash, performance bonds, escrow agreements
and other similar collateral or surety agreements, provided that the
Borough shall not require more than 10% of the total "performance
guaranty" in cash.
Shall mean an establishment engaged primarily in providing
services involving the care of a person or his or her personal goods
or apparel, including but not limited to beauty and barber shops,
tailor shops, watch repair, clothing and shoe repair, laundromats,
drop-off laundry and dry cleaners, nail salons and tanning salons,
but not including tattoo parlors or massage parlors.
[Ord. No. 2016:05]
Shall mean the map of a subdivision or site plan.
Shall mean the conferral of certain rights pursuant to this
chapter prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
Shall mean architectural drawings prepared during early introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
Shall mean the preliminary map indicating the proposed layout
of the subdivision which is submitted to the Administrative Officer
for Planning Board consideration and tentative approval and meeting
the requirements of this chapter.
Shall mean a driveway providing access from an internal roadway
to a private garage.
Shall mean a compartment in or structure appertaining to
the main building on the same lot, designed to house not more than
three motor vehicles for the purpose of storage only. Vehicles stored
in such a garage must be the property of the owner or lessee of the
premises, except that space for the storage of not more than one noncommercial
vehicle may be rented. All of the garages shall be used to store noncommercial
motor vehicles, with the exception that there may be stored therein
one commercial motor vehicle having a registered gross weight of not
more than 6,500 pounds. In Residential A, B and C Zones, all commercial
vehicles shall at all times be confined wholly within said garage
and shall not at any time, other than for delivery purposes, be parked
or left standing at any place outside the garage.
Shall mean a sign erected perpendicular to the wall of a
building including a sign similarly erected at the corner of a building
and projecting out over a public sidewalk.
Shall mean a structure used for the housing for rental of
steam, electric, or motor-driven vehicles, provided that such vehicles
may be equipped for operation, have minor repairs made to them and
be kept for hire or for sale, but such garage does not include a structure
used as a showroom for model cars.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean the lot line opposite to the street line, or,
in the case of a corner lot, the "rear lot line" may be elected by
the owner, provided that it is indicated on the plans as filed with
the Code Enforcement Officer.
Shall mean an open space on the same lot with the building,
between the rear line of the building and the rear line of the lot,
and unoccupied except for accessory buildings and open porches.
Shall mean a facility for investigation into the natural,
physical or social sciences, which may include engineering and product
development.
[Ord. No. 2016:05]
Shall mean a public establishment which serves food and drink
primarily or exclusively for consumption on the premises. For the
purposes of this chapter, a "bar" shall also be deemed a "restaurant"
only if food is prepared, served and consumed on the premises.
[Ord. No. 2016:05]
Shall mean an establishment engaged in the selling or rental
of merchandise (usually to the general public for personal use or
household consumption, although they may also serve business and institutional
clients) and in rendering services incidental to the sale of such
goods.
[Ord. No. 2016:05]
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law or the alteration of any street 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.
Shall mean a sign erected on the roof of a building.
Shall mean a method of visually shielding one abutting or
nearby structure or use from another by fencing, walls, berms, or
reasonably sized plantings.
Shall mean the deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean an accessory structure which is not used for the
storage of cars but is generally used for the storage of equipment
and other items. A shed is not used as a living quarter.
Shall mean one or more buildings, or parts thereof, designed
as a unit to be occupied by one or more retail stores and/or other
uses permitted in the zone district in which the shopping center is
located.
[Ord. No. 2016:05]
Shall mean an open unoccupied space on the same lot with
a building, situated between the building and a side line of the lot
and extending through from the front yard, or from the street where
no front yard is required, to the rear yard or the rear line of the
lot.
Shall mean and include banners, streamers, whirling or lighting
devices or any other type of attention-attracting device and may be
a single-face or V-type structure.
Shall mean ownership of a separate parcel or tract of real
property not contiguous to land in the same ownership or, if contiguous
to land in the same ownership, is legally separated therefrom.
Shall mean a development plan of one or more lots on which
is shown:
The existing and proposed conditions of the lot or lots, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification, and meeting the requirements of Article III of this chapter.
Shall mean that part of any building, exclusive of cellars
but inclusive of basements, comprised between the level of one finished
floor and the next higher finished floor, or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof.
[Ord. No. 2018:15]
Shall mean any space partially within the roof framing where
the clear height of not more than 50% of such space between the top
of the floor beams and the structural ceiling level is seven feet
six (7' 6") inches or more.
[Ord. No. 2018:15]
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
Borough roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action or a street or way
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, sidewalks, parking areas and
other areas within the street lines.
Shall mean the property line.
Shall mean any change in the supporting members of a building,
such as bearing walls or partitions, columns, beams or girders, except
such alterations as may be ordered by the Code Enforcement Officer
to maintain the safety of a building.
Shall mean a building or object comprised of materials or
a combination of materials to form a construction for use, occupancy,
or ornamentation whether installed on, above, or below the surface
of land or water.
[Ord. No. 2014:24]
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
Shall mean:
The division of a lot, tract or parcel of land into two or more
lots, sites or other divisions of land for the purpose, whether immediate
or future, of sale or building development, except that the following
divisions shall not be considered "subdivisions"; provided, however,
that no new streets or roads are involved:
"Subdivision" also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the land
or territory divided.
Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
performing such other duties relating to land subdivision as may be
conferred on the Committee by the Board.
Shall mean a multi-story, multifamily structure of more than
two units, each with its own entrance accessed directly from the building
exterior or an interior hallway with each dwelling unit being located
one above the other.
Shall mean a one-family dwelling in a row of at least three
such units in which each unit has its own front and rear access directly
to the outside, no unit is located over another unit and each is separated
from any other unit by one or more common fire-resistant walls.
Shall mean one or more lots that are the subject of a development
application and that are developed or planned to be developed in a
comprehensive manner.
[Ord. No. 2014:24]
Shall mean a separate building designed for or occupied exclusively
by two families, wherein not more than four persons are lodged or
boarded for compensation.
Shall mean permission to depart from the literal requirements
of the zoning provisions of this chapter.
Shall mean any architectural feature utilized to break the
plane in a building facade, such as a bay window, box bay window,
columns, horizontal offset or variation in materials.
[Ord. No. 2014:24]
Shall mean a sign painted on or a structure erected against
the wall of a building with the exposed face of the sign in a parallel
plane with the face of the wall at a distance of eighteen (18") inches
or less from the wall measured perpendicularly.
[Ord. No. 77:1]
The present tense shall include the future; the singular number
shall include the plural and the plural the singular; the word "lot"
includes the word "plot"; the word "building" includes the word "structure";
the word "district" includes the word "zone"; the word "occupied"
includes the words "designed or intended to be occupied"; the word
"used" includes the words "arranged, designed or intended to be used";
the word "person" includes "individuals, firms, copartnerships and
corporations"; and the word "shall" is always mandatory.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
All municipal agencies shall adopt and may amend reasonable
rules and regulations, not inconsistent with this chapter, for the
administration of their functions, powers and duties and shall furnish
a copy thereof to any person upon request and may charge a reasonable
fee for such copy. Copies of all rules and regulations and amendments
thereto shall be maintained in the office of the administrative officer.
[Ord. No. 77:1; Ord. No. 78:9; Ord. No.
91:16 § 2; Ord. No. 92:13 § I; Ord. No. 92:20 § I; Ord. No. 93:26 § I; Ord. No. 94:06 § 1; Ord. No. 2009:08; Ord. No. 2014:03; amended 8-23-2021 by Ord. No. 2021:14]
a.
Prior to the consideration of an application by the Planning Board
or Zoning Board of Adjustment under the terms of this chapter, the
applicant shall have paid a fee covering the initial application and
applicable legal, planning and engineering review costs into an escrow
account established for the purpose as per the following schedule,
in aggregate:
|
Schedule of Fees and Escrow Deposits
|
|
Subdivisions
|
Fees
|
Escrows
|
|---|---|---|
|
Minor subdivision or resubdivision
|
$100
|
$1,000
|
|
Major subdivision - preliminary approval
|
$200 + $50 per lot
|
$2,000
|
|
Major subdivision - final approval
|
$200
|
$1,600
|
|
Concept review, with review by Board's attorney
|
$50
|
$350
|
|
Concept review, with review by Board's attorney, engineer and/or
planner
|
$50
|
$1,000
|
|
Site Plans
|
Fees
|
Escrows
|
|---|---|---|
|
Site plan - minor
|
$200
|
$1,000
|
|
Site plan: major preliminary or nonclassified
|
$200
|
$2,000
|
|
Site plan: major final or nonclassified
|
$50
|
$350
|
|
Concept review, with review by Board's attorney
|
$50
|
$350
|
|
Concept review, with review by Board's attorney, engineer and/or
planner
|
$50
|
$1,000
|
|
Variances
|
Fees
|
Escrows
|
|---|---|---|
|
Residential bulk variance (N.J.S.A. 40:55D-70c)
|
$350
|
$1,500 plus $250 per each additional bulk variance
|
|
Residential use variance (N.J.S.A. 40:55D-70d)
|
$500
|
$2,500
|
|
Residential use variance with bulk variances/site plan approval
|
$750
|
$2,500 plus $250 per each additional bulk variance
|
|
Business/commercial bulk variance (N.J.S.A. 40:55D-70c)
|
$1,000
|
$2,000
|
|
Business/commercial use variance (N.J.S.A. 40:55D-70d)
|
$1,250
|
$3,500
|
|
Business/commercial use variance with bulk variances/site plan
approval
|
$1,500
|
$3,500 plus $250 per each additional bulk variance
|
|
Miscellaneous
|
Fees
|
Escrows
|
|---|---|---|
|
Tax Map listing of property owners
|
$25
| |
|
Appeals filed pursuant to N.J.S.A. 40:55D-70a
|
$200
|
$800
|
|
Interpretations filed pursuant to N.J.S.A. 40:55D-70b
|
$200
|
$800
|
|
Appeals filed pursuant to N.J.S.A. 40:55D-34
|
$750
|
$1,000
|
|
Appeals filed pursuant to N.J.S.A. 40:55D-36
|
$750
|
$1,000
|
|
Certificates of Nonconformity N.J.S.A. 40:55D-68:
| ||
|
Applications to Administrative Officer
|
$200
|
$350
|
|
Applications to Board of Adjustment
|
$200
|
$750
|
b.
If the applicant is applying to the Planning Board or Board of Adjustment for approval under more than one of the items set forth in Subsections a and b above, then the applicant shall pay the higher of the two application fees set forth in those subsections. Only one application fee shall be charged per applicant.
c.
Reapplication fees. All Planning Board/Board of Adjustment fees shall
apply to any reapplication submitted by an applicant in cases of Board
disapproval or voluntary withdrawal prior to Board action.
d.
Charges to escrow account. The following charges shall be applied
to the escrow account:
1.
Charges for the professional review of the application.
2.
Charges for letters of recommendation as a result of a review.
3.
Telephone conferences.
4.
Review of additional documents.
5.
Writing of easements, resolutions and developer's agreements.
6.
All costs related to special meetings requested by the applicant.
e.
Escrow fees. All such fees for professional services are subject
to increases during the course of the application process in the event
that services rendered in connection with said application exceed
those amounts originally deposited.
f.
Professional fees: special meetings. Fees for services of Borough
professionals, engineering, legal and/or other consultants, required
during meetings requested by the applicant, shall be in addition to
customary escrow and application fees established by this section.
The sum of $1,750 per special session constitutes a fair and reasonable
additional fee.
g.
Ramps, elevators, decks and other structures provided for the handicapped
or disabled, living in single- or multiple-family private dwellings,
that require appearance before the Planning Board or Zoning Board
of Adjustment for project approval, shall be exempt from all Board,
engineering and legal fees associated with the application.
h.
Tax Map fee. Upon the approval of any minor or major subdivision,
the applicant shall pay to the Borough of New Milford a fee of $50
per lot for the purpose of updating and amending the Borough Tax Map
to reflect any necessary changes occasioned by the subdivision.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
Time and place of regular and special meetings. Every municipal agency
shall, by its rules, fix the time and place for holding its regular
meetings for business authorized to be conducted by such agency. Regular
meetings of the municipal agency shall be scheduled not less than
once a month and shall be held as scheduled unless cancelled for lack
of applications for development to process. The municipal agency may
provide for special meetings at the call of the Chair, or on the request
of any two of its members, which meetings shall be held on notice
to the agency's members and the public in accordance with municipal
regulations. No action shall be taken at any meeting without a quorum
being present. All actions shall be taken by a majority vote of a
quorum, except as otherwise required by this chapter.
b.
Notice of meetings. All regular meetings and all special meetings
shall be open to the public. Notice of all such meetings shall be
given in accordance with municipal regulations. An executive session
for the purpose of discussing and studying any matters to come before
the agency shall not be deemed a regular or special meeting within
the meaning of this chapter.
c.
Minutes of meetings. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the municipal agency and of the persons appearing by
attorney, the action taken by the municipal agency and the findings,
if any, made by it and the reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the Administrative Officer. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party may be charged a reasonable fee
for reproduction of the minutes for their use.
[Ord. No. 77:1; Ord. No. 85:1 § 2; Ord. No. 91:16 § 3; amended 8-23-2021 by Ord. No. 2021:14]
a.
Scope of hearings. The municipal agency shall hold a hearing on each
application for development, except for sketch plat applications,
or adoption, revision or amendment of the Master Plan.
b.
Rules governing hearings. The municipal agency shall make the rules
governing such hearings. Any maps and documents for which approval
is sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the Building Department. The applicant may produce other
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
c.
Powers of the presiding officer. The officer presiding at the hearing
or such person as they may designate shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, P.L. 1953, c.38 (N.J.S.A. 2A:67A-1 et seq.), shall
apply.
d.
Testimony of witnesses. The testimony of all witnesses relating to
an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
e.
Rules of evidence not applicable. Technical rules of evidence shall
not be applicable to the hearing, but the agency may exclude irrelevant,
immaterial or unduly repetitious evidence.
f.
Verbatim recording of proceedings. The municipal agency shall provide
for the verbatim recording of the proceedings by either stenographer
or mechanical or electronic means. The municipal agency shall furnish
a transcript, or duplicate recording in lieu thereof, on request to
any interested party at their expense.
g.
Decisions. The municipal agency shall include findings of fact and
conclusions based thereon in each decision on any application for
development and shall reduce the decision to writing. The municipal
agency shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in the act for action by a municipal agency on the application for
development; or
2.
A memorializing resolution adopted at a meeting held no later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. The failure of a motion to
approve an application shall be memorialized by resolution, as provided
above, with those members voting against the motion for approval being
the members eligible to vote on the memorializing resolution. The
vote of any such resolution shall be deemed to be a memorialization
of the action of the municipal agency; however, the date of the adoption
of the resolution shall constitute the date of the decision for purposes
of the mailing, filing and publications required by N.J.S.A. 40:55D-10.
If the municipal agency fails to adopt a resolution or memorializing
resolution as hereinabove specified, any interested party may apply
to the Superior Court in a summary manner for an order compelling
the municipal agency to reduce its findings and conclusions to writing
within a stated time, and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
h.
Copies of decisions to applicants and administrative officer. A copy
of the decision shall be mailed by the municipal agency within 10
days of the date of decision to the applicant, or if represented then
to their attorney, without separate charge, and to all who request
a copy of the decision for a reasonable fee. A copy of the decision
shall also be filed by the municipal agency in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at their office during reasonable
hours.
i.
Publication of decision. A brief notice of the decision shall be
published in the official newspaper of the Borough, or in a newspaper
of general circulation in the Borough. Such publication shall be arranged
by the administrative officer, provided that nothing contained in
this chapter shall be construed as preventing the applicant from arranging
for a publication of the notice of the decision if they so desire.
The period of time in which an appeal of the decision may be made
shall run from the first publication of the decision, whether arranged
by the municipality or the applicant.
j.
Contents of notice of hearing. The contents of the notice of a hearing
on an application for development or the adoption of a Master Plan
pursuant to this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered and, in the case
of notices on applications for development, an identification of the
property proposed for development by street address, if any, or by
reference to lot and block numbers as shown on the current tax duplicate
in the Borough Tax Assessor's office; and the location and times at
which any maps and documents for which approval is sought are available
pursuant to this chapter.
k.
Notice of applications. Notice pursuant to Subsection k1, 4, 5, 6, and 7 of this subsection shall be given by the Secretary of the municipal agency. Notice pursuant to Subsection k2 shall be given by the applicant. The notice shall be given at least 10 days prior to the date of the hearing.
1.
Public notice of a hearing on an application for development shall be given, except for conventional site plan review, minor subdivisions, sketch plats or final approval, provided that public notice shall be given in the event that relief is requested pursuant to Subsection 30-6.4 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the Borough or in a newspaper of general circulation in the Borough.
2.
Notice of a hearing requiring public notice pursuant to Subsection k1, above shall be given by the applicant to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or their agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at their address as shown on the current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a Vice President, Secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
3.
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection k2 above. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum of $10 shall be charged for such list.
4.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality.
5.
Notice shall be given by personal service or certified mail to the
Bergen County Planning Board of a hearing on an application for development.
6.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
7.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to Subsection 30-3.5 of this chapter.
l.
Notice concerning Master Plan. Concerning the Master Plan, the Planning
Board shall give:
1.
Public notice of a hearing on adoption, revision or amendment of
the Master Plan. Such notice shall be given by publication in the
official newspaper of the Borough or in a newspaper of general circulation
in the Borough at least 10 days prior to the date of the hearing.
2.
Notice by personal service or certified mail to the Clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
a Master Plan involving property situated within 200 feet of such
adjoining municipality at least 10 days prior to the date of any such
hearing.
3.
Notice by personal service or certified mail to the Bergen County
Planning Board of:
(a)
All hearings on the adoption, revision or amendment of the municipal
Master Plan at least 10 days prior to the date of the hearing. Such
notice shall include a copy of any such proposed Master Plan or any
revision or amendment thereto.
(b)
The adoption, revision or amendment of the Master Plan not more
than 30 days after the date of such adoption, revision or amendment.
Such notice shall include a copy of the Master Plan or revision or
amendment thereto.
n.
Notice of hearing on ordinance or capital improvement program and
notice of action on capital improvement program or Official Map.
1.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
2.
Notice by personal service or certified mail shall be made to the
Bergen County Planning Board of all hearings on the adoption, revision
or amendment of any development regulation at least 10 days prior
to the date of the hearing, and of the adoption, revision or amendment
of the Borough capital improvement program or Borough Official Map
not more than 30 days after the date of such adoption, revision or
amendment. Any notice provided hereunder shall include a copy of the
proposed development regulation, the municipal Official Map or the
municipal capital program, or any proposed revision or amendment thereto,
as the case may be.
3.
Notice of hearings to be held pursuant to this subsection shall state
the date, time and place of the hearing and the nature of the matters
to be considered. Any notice by certified mail, pursuant to this subsection,
shall be deemed complete upon mailing.
o.
Filing of ordinances. This chapter or any revision or any amendment
thereto shall not take effect until a copy thereof shall be filed
with the Bergen County Planning Board. The Official Map of the Borough
shall not take effect until filed with the Bergen County Recording
Officer. Copies of this chapter and any revisions or amendments thereto
shall be filed and maintained in the office of the Borough Administrator.
[Ord. No. 77:1; Ord. No. 85:1 § 3; Ord. No. 91:16 § IV; amended 8-23-2021 by Ord. No. 2021:14]
a.
Appeal to governing body. Any interested party may appeal to the governing body any final decision of the Board of Adjustment approving an application for development pursuant to Subsection 30-7.4 of this chapter.
b.
Time of appeal. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection 30-3.5i. The appeal to the governing body shall be made by serving the Borough Administrator in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of their attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
c.
Notice. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection 30-3.4h and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection 30-3.4f.
d.
Review by governing body. The governing body shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such period. The appellant shall arrange for a transcript pursuant to Subsection 30-3.4f, or otherwise, for use by the governing body. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board of Adjustment.
e.
Action of governing body. The governing body may reverse, remand
or affirm, wholly or in part, or may modify the final decision of
the Board of Adjustment.
f.
Vote required. The affirmative vote of a majority of the full authorized
membership of the governing body shall be necessary to reverse, remand
or modify any final action of the Board.
g.
Stay of proceedings. An appeal to the governing body shall stay all
proceedings in furtherance of the action in respect to which the decision
appealed from was made unless the Board of Adjustment certifies to
the governing body, after the notice of appeal shall have been filed
with such Board, that by reasons of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the Board of Adjustment
and on good cause shown.
h.
Copy of decision to applicant and publication. The governing body
shall mail a copy of the decision to the appellant or, if represented,
then to their attorney, without separate charge, and for a reasonable
charge to any interested party who has requested it, not later than
10 days after the date of the decision. A brief notice of the decision
shall be published in the official newspaper of the municipality or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the administrative officer, provided that nothing
contained herein shall be construed as preventing the applicant from
arranging such publication if they so desire. The period of time in
which an appeal to a court of competent jurisdiction may be made shall
run from the first publication, whether arranged by the municipality
or the applicant.
i.
Right to court appeal. Nothing in this chapter shall be construed
to restrict the right of any party to obtain a review by any court
of competent jurisdiction according to law.
[Ord. No. 77:1; Ord. No. 91:16 § V; amended 9-9-2019 by Ord. No. 2019:22; amended 8-23-2021 by Ord. No. 2021:14]
a.
The governing body shall enforce this chapter. To that end, the governing
body, subject to the assignment of responsibilities to other municipal
agencies as hereinafter set forth, authorizes the issuance of specified
permits, certificates or authorizations as a condition precedent to
the erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structure, subdivision or
resubdivision of any land.
b.
Office of Zoning Officer. The governing body does hereby establish
the Construction Official as the Zoning Officer for the purpose of
issuing such permits, certificates or authorizations as are authorized
hereunder, and they shall condition the issuance of such permits,
certificates and authorizations upon the submission of such data,
materials, plans, plats and information as is authorized hereunder
and upon the express approval of the appropriate state, county or
municipal agencies.
c.
Duties of Zoning Officer and Police and Fire Departments.
1.
The Zoning Officer shall perform such duties as are authorized hereunder
but shall in no case, except under a written order of the Planning
Board, Board of Adjustment or the Mayor and Council, issue any permit
for the erection, placement or alteration of any building or grant
any certificate of occupancy for any building or use where the proposed
erection, placement, alteration or use thereof would be in violation
of any of the provisions of this chapter coming to their attention
by complaint or arising from their own personal knowledge, and if
a violation is found to exist, they shall serve notice upon the owner,
notifying the Mayor and Council, and prosecute a complaint to terminate
the violation before the Municipal Judge.
2.
It shall be the further duty of the Zoning Officer to keep a record
of all applications for building permits and of all certificates of
occupancy thereof issued, with a notation of all special conditions
involved. The Zoning Officer shall file and safely keep copies of
all plans and specifications submitted with such applications, and
the same shall form a part of the records of their office and shall
be available to the Mayor and Council and all other officials of the
Borough.
3.
It shall also be the duty of the members of the Fire and Police Departments
to report any violations of the provisions of this chapter to the
Code Enforcement Official and at the same time send a copy of such
report to the Borough Administrator who shall present such report
to the Mayor and Council.
d.
Proceedings to prevent unlawful acts. In case any building or structure
is erected, constructed, altered, repaired, converted or maintained,
or any building, structure or land is used in violation of the Act
or of any ordinance or other regulation made under authority conferred
thereby, the proper local authorities of the municipality or an interested
party, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
to restrain, correct or abate such violation; to prevent the occupancy
of the building, structure or land; or to prevent any illegal act,
conduct, business or use in or about such premises.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
Any power expressly authorized by this chapter to be exercised
by the Planning Board or the Board of Adjustment shall not be exercised
by any other body, except as otherwise provided in this chapter.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or Court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
the development, the running of the period of approval under Chapter
291 of the Laws of New Jersey 1975 or under any law repealed by the
chapter, as the case may be, shall be suspended for the period of
time the legal action is pending or such directive or order is in
effect.
[Ord. No. 77:1; amended 8-23-2021 by Ord. No. 2021:14]
a.
Pending legal actions or directives. In the event that a developer
submits an application for development proposing a development that
is barred or prevented, directly or indirectly, by a legal action
instituted by any state agency, political subdivision or other party
to protect the public health and welfare or by a directive or order
issued by any state agency, political subdivision or court of competent
jurisdiction to protect the public health and welfare, the municipal
agency shall process such application for development in accordance
with this chapter and municipal development regulations, and, if such
application for development complies with municipal development regulations,
the municipal agency shall approve such application conditioned on
removal of such legal barrier to development.
b.
Pending approval of other governmental agency. In the event that
development proposed by an application for development requires an
approval by a governmental agency other than the municipal agency,
the municipal agency shall, in appropriate instances, condition its
approval upon the subsequent approval of such governmental agency,
provided that the municipality shall make a decision on any application
for development within the time period provided in Chapter 291 of
the Laws of New Jersey 1975 or within an extension of such period
as has been agreed to by the applicant, unless the municipal agency
is prevented or relieved from so acting by the operation of law.
[Ord. No. 2000:13; amended 8-23-2021 by Ord. No. 2021:14]
a.
A variance granted by the New Milford Zoning Board of Adjustment
and/or the New Milford Planning Board shall be born on the date that
it is memorialized and adopted by resolution of the granting board;
and
b.
A variance will expire on the two-year anniversary of said date;
and
c.
The expiration of any such variance shall be tolled by the commencement
of construction as defined by New Jersey case law; and
d.
The expiration of any such variance may be extended by the granting
board, in its discretion, for an additional period not to exceed two
years from the date of extension, provided an extension is granted
prior to the expiration of any such variance.
