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 shall include the future; the singular
number shall include the plural, and the plural the singular; the
word "building" shall include the word "structure"; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot"; the word "used" includes the words "arranged, designed,
constructed, converted, rented, leased or intended to be used"; the
word "shall" is mandatory and not optional; and the word "may" is
permissive.
ADMINISTRATIVE OFFICER
The Secretary to the Montvale Planning Board for any application
before the Planning Board.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to law.
BOARD
The Planning Board of the Borough of Montvale.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development or 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.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of Bergen County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the Bergen County Planning Board
pursuant to N.J.S.A. 40:27-2 and 40:27-4, as the same may be amended
or supplemented.
DAYS
The number of calendar days for the purposes of this chapter.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or use or extension of use of land,
for which permission may be required.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including the control of runoff, to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
FINAL APPROVAL
The official action of the approving authority taken on a
preliminary approved 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.
GOVERNING BODY
The Mayor and Borough Council of the Borough of Montvale.
HISTORIC SITE
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 which has been so designated.
INTERESTED PARTY
For the purpose of this chapter, any person, whether residing
within or without the Borough of Montvale, whose right to use, acquire
or enjoy property is or may be affected by any action taken under
this chapter, or whose rights to use, acquire or enjoy property under
this chapter, or under any other law of this state or the United States
have been denied, violated or infringed by an action or failure to
act under this code.
LAND
Includes improvements and fixtures on, above or below the
ground surface.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
MAINTENANCE GUARANTY
Security, other than cash, which may be accepted by the Borough
of Montvale for the maintenance of any improvements required by this
chapter.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Borough of Montvale, adopted by the Montvale
Planning Board.
MINOR APPLICATION
Any application, other than for subdivision, where the aggregate
estimated cost of improvements to the land, inclusive of site improvements,
where necessary, does not exceed $500.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map and accompanying ordinance adopted by the governing
body of the Borough of Montvale pursuant to law. Such a map shall
be deemed to be conclusive with respect to the location and width
of streets and public drainageways and the location and extent of
flood control basins and public areas, whether or not such streets,
ways, basins or areas are improved or unimproved or are in actual
physical existence.
OFF-SITE
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 on a contiguous portion of a street
or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for use and enjoyment by owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
PERFECTED APPLICATION
For the purpose of this chapter, one that is submitted in
a proper and complete form, including all required application forms
and maps, all required fees are submitted and filed within the appropriate
time schedules, and proof is included that no taxes or assessments
for local improvements are due or delinquent on the property for which
approval is sought.
PERSON
Any individual, firm, association, partnership, corporation,
syndicate, copartnership, trust or other legal entity.
PLAN
The provisions for development of a planned development,
including a plat of the 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, driveways
and parking facilities; open space and public facilities.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a specified minimum of five acres of contiguous
land to be developed as a single entity according to a plan containing
one or more residential clusters and which may include public or quasi-public
uses, all for the primary benefit of the residential development.
PLAT
A map or maps of a subdivision or site plan pursuant to the provisions of this article and/or Chapter
350, Subdivision of Land, of the Borough of Montvale.
SITE PLAN
A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
(2)
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.
(3)
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.