Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter.
Words used in the present tense include the future; the singular number
shall include the plural, and the plural the singular; the word "structure"
shall include the word "building"; the word "person" includes a corporation
as well as an individual; the word "lot" includes the word "plot";
the word "occupied" includes the words "designed" or "intended to
be occupied"; the word "used" shall include the words "arranged,"
"designed," "constructed," "altered," "converted," "rented," "leased"
or "intended to be used"; the word "shall" is mandatory and not optional;
and the word "may" is permissive.
As used in this chapter, the following words shall have the
meanings indicated:
The Secretary of the Planning Board and Board of Adjustment
shall be the administrative officer for any application before the
Planning Board and the Board of Adjustment of Hasbrouck Heights.
[Amended 12-14-1999 by Ord. No. 1882; 5-11-2004 by Ord. No. 2040/]
A developer submitting an application for development. The
legal or beneficial owner or owners of a lot or of any land proposed
to be included in a proposed development, including the holder of
an option or contract to purchase or other person having an enforceable
proprietary interest in such land.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to law.
The Planning Board or the Board of Adjustment of the Borough of Hasbrouck Heights, as the case may be, as provided in Article III.
A combination of materials to form a construction adopted
to permanent, temporary or continuous occupancy and having a roof.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the approving
agency when so certified by the approving agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant and the approving agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the agency or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The approving agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the approving agency.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance[1] and upon the issuance of an authorization therefore by
the Planning Board.
Development other than planned development.
The number of calendar days for the purpose of this chapter.
See "applicant or developer."
[Amended 12-14-1999 by Ord. No. 1882; 8-8-2000 by Ord. No. 1906; 5-11-2004 by Ord. No. 2040]
The division of a parcel of land into two or more parcels.
The construction of any new building or structure.
The reconstruction, conversion or structural alteration resulting
in a relocation or enlargement of any building or structure.
Any mining, excavation or landfill.
The commencement or extension of any use of any building, structure
or land.
The change of any principal or accessory uses of any nonresidential premises or nonresidential portion of premises which will have or which is likely to have any of the results listed in Subsection G of § 238-12 of this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff during
and after construction of development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
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.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the approving agency 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 guarantees properly posted for
their completion, or approval conditioned upon the posting of such
guarantees, which, in the case of subdivision, shall be filed with
the proper county recording officer.
The Mayor and Borough Council of the Borough of Hasbrouck
Heights.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated.
For the purpose of this chapter, any person, whether residing
within or without the Borough of Hasbrouck Heights, whose right to
use, acquire or enjoy property is or may be affected by any action
taken under this chapter or whose right to use, acquire or enjoy property
under this chapter or under any other law of this state or the United
States has been denied, violated or infringed upon by an action or
a failure to act under this chapter.
Includes the improvements and fixtures on, above or below
the surface.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Security, other than cash, which may be accepted by the Borough
of Hasbrouck Heights for the maintenance of any improvements required
by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of Hasbrouck Heights which shall have been duly adopted
by the Hasbrouck Heights Planning Board.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42; and contains the information
required in order to make an informed determination as to whether
the requirements established by ordinance for approval of a minor
site plan have been met.
A division of land or the creation of no more than two lots,
provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement.
[Amended 12-14-1999 by Ord. No. 1882; 5-11-2004 by Ord. No. 2040]
Under the provisions of Chapter 220 of the Laws of 1975 pertaining
to physically handicapped persons, an "office building" means a building
or structure of more than 10,000 square feet of gross floor area wherein
commercial or business activity or service is performed or a profession
is practiced in all or the majority of such building or structure.
A map and accompanying ordinance adopted by the governing
body of Hasbrouck Heights pursuant to law. Such a map shall be deemed
to be conclusive with respect to the location and width of streets
and public drainageways and the location and extent of flood control
basins and public areas, whether or not such streets, ways or basins
or areas are improved or unimproved or are in actual physical existence.
Located outside the lot lines of the lot in question but
within the property (of which the lot is part), which is, the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
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.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice.
For the purpose of this chapter, a "perfected application"
shall be one that is submitted in a proper and complete form, including
all required application forms, maps and reviews, prior to scheduling
of a public hearing, where required, or formal action being taken
by the approving authority; all required fees are submitted and filed
within the appropriate time schedules; proof that no taxes or assessments
for local improvements are due or delinquent on the property for which
approval is sought.
Any security which may be accepted by the Borough of Hasbrouck
Heights, including cash, provided that the Borough shall not require
more than 10% of the total performance guarantee in cash.
A physical impairment which. confines a person to a wheelchair;
causes a person to walk with difficulty or insecurity; affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger; causes faulty coordination;
or reduces mobility, flexibility, coordination and preceptiveness
to the extent that facilities are needed for the safety of that person.
The provisions for development of a planned development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, public or private streets, ways and parking facilities,
open space and public facilities. The phrase "provisions of the plan,"
when used in this chapter, shall mean the written and graphic materials
referred to in this definition.
An area of a minimum contiguous size as specified in the
Zoning Ordinance to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate commercial or office uses, or both, and any residential
and other uses incidental to the predominant use as may be permitted
by the Hasbrouck Heights Zoning Ordinance.[2]
Includes planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous size as specified in the
Zoning Ordinance to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate industrial uses and any other uses incidental to the predominant
use as may be permitted by the Hasbrouck Heights Zoning Ordinance.[3]
An area with a specified minimum contiguous acreage to be
developed as a single entity, according to a plan, containing one
or more residential clusters, which may include appropriate commercial
or public or quasi-public uses all primarily for the benefit of the
residential development.
An area with a specific minimum contiguous acreage to be
developed as a single entity, according to a plan, containing one
or more residential clusters or planned unit residential development
and one or more public, quasi-public, commercial or industrial areas
in such ranges of ratios of nonresidential uses to residential uses
as shall be specified in the Zoning Ordinance.
A map or maps of a subdivision or site plan pursuant to the
provisions of this chapter.
The conferral of certain rights pursuant to this chapter,
prior to final approval, after specific elements of a development
plan have been agreed upon by the approving authority and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
Includes public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces; scenic and historic
sites; and sites for schools and other public buildings and structures.
Under the provisions of Chapter 220 of the Laws of 1975 pertaining
to physically handicapped persons, "public building" means any building,
structure, facility or complex used by the general public, including
but not limited to theatres, concert halls, auditoriums, museums,
schools, libraries, recreational facilities, public transportation
terminals and stations, factories, office buildings, business establishments,
passenger vehicle service stations, shopping centers, hotels or motels
and public eating places, constructed by any state, county or municipal
government agency or instrumentality or any private individual, partnership,
association or corporation, with the following exceptions: one- to
four-family private residences, warehouse storage areas and all buildings
classified as hazardous occupancies. As used herein, "hazardous occupancy"
means the occupancy or use of a building or structure or any portion
thereof that involves highly combustible, highly flammable or explosive
material or which has inherent characteristics that constitute a special
fire hazard.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
An area to be developed as a single entity, according to
a plan, containing residential housing units which have a common or
public open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A triangle-shaped easement established at the intersection
of two streets or a driveway and a street in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
obstruct vision between a height of two feet and six inches above
the center line grade of the street or driveway. The borough shall
have the right of entry to remove any obstruction to vision within
the sight area not conforming to the standards of this definition,
following due notice to the property owner. Said triangle shall be
determined along such street lot lines or edge of driveway 25 feet
distant from their joint intersection.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures, signs, lighting and screening
devices;
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
The sketch map of a subdivision to be used for the purpose
of discussion and classification and meeting the requirements of this
chapter.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is shown in 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 of such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavements, shoulders, gutters, curbs, sidewalks,
parking area and other areas within the street. For the purpose of
this chapter, streets shall be classified as follows:
ARTERIAL STREETSA street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from collector and other roads;
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development;
MINOR OR LOCAL STREETSThose which. are used primarily for access to the abutting properties;
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter if no new streets are created:
Division of land found by the Planning Board or Subdivision
Committee thereof appointed b.y the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Division of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgements or foreclosure;
Consolidations of existing lots by deed or other recorded instrument;
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
Borough.
The term "subdivision" shall also include the term "resubdivision."
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 to the
Committee by the Board.
A typed or printed verbatim record of the proceedings, or
reproduction thereof.
