The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and the development
of land in the Borough in order to promote its public health, safety,
convenience and general welfare. It shall be administered to ensure
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
As authorized by N.J.S.A. 40:55D-37, the provisions
of this chapter shall be administered by the Planning Board; provided,
however, that whenever, pursuant to law or ordinance, the Board of
Adjustment has jurisdiction to grant site plan or subdivision approval,
then the applicable provisions of this chapter shall be administered
by the Board of Adjustment.
This chapter shall not be construed to repeal
the Zoning Ordinance[1] or any part thereof. All other ordinances which are inconsistent
with the provisions of this chapter shall be deemed superseded to
the extent of such inconsistency.
Certain words and terms in this chapter are
to be given the following meanings:
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Board
of Adjustment shall be the Clerk to the Board of Adjustment. The administrative
officer for the Planning Board shall be the Clerk to the Planning
Board.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction for the issuance of a permit for
construction within the bed of a mapped street or for construction
of a structure not having access or not related to a street.
A certificate issued by the proper administrative officer
of the Borough certifying:
That there is in the Borough a duly established
Planning Board.
That there is in the Borough an ordinance controlling
the subdivision of land.
Whether a subdivision has been approved by the
Planning Board for the land designated in the application for such
certificate, and, if so, the date of such approval and any extensions
and terms thereof.
Calendar days.
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 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 land or extension of use of
land, for which permission may be required pursuant to this chapter.
The removal of surface water or groundwater from land by
drains, 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 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 damage in accordance with N.J.S.A.
58:1-1 to 58:1-34.[1]
In a criminal or quasicriminal proceeding, any
citizen of the State of New Jersey.
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 rights to use, acquire
or to enjoy property under this chapter or under any law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act hereunder.
Any off-street space available for the loading or unloading
of goods and having direct usable access to the street or alley.
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map, or by metes and bounds, for purpose of sale, lease or separate
use.
The area of a lot expressed in square feet or acres. Any
portion of a lot included within the right-of-way lines of a street
shall not be included in calculating lot area. However, any portion
of a lot or lots dedicated to the Borough for other public use shall
not be deducted from the calculation of the lot area.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board.
Any subdivision that does not involve the creation of more
than three lots, a planned development, any new street nor the extension
of any off-tract movement.
The map entitled the "Official Map, Borough of Upper Saddle
River, Bergen County, New Jersey," dated November 1965 and revised
to October 1979 or any subsequent amendments thereto, showing the
location of existing and proposed streets.
[Added 11-8-1979; 5-8-1986 by Ord. No. 8-86]
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
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 individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter or any other ordinance.
An off-street space available for the parking of a motor
vehicle, provided that such space shall have a minimum width of 10
feet and a minimum depth of 20 feet, exclusive of maneuvering areas,
passageways, driveways and loading spaces appurtenant thereto.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice under this chapter.
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash.
A certificate issued by the Construction Code Official for
the construction, reconstruction, remodeling, alteration or repair
of a building upon approval of the submitted application and plans.
[Amended 5-8-1986 by Ord. No. 8-86]
A certificate issued by the Construction Code Official upon
completion of the construction of a new building or addition or upon
a change in the occupancy of a building (other than a dwelling unit
as defined in this chapter) which certifies that all requirements
of this chapter or such adjustment therefrom as has been granted by
the Board of Adjustment have been met and that the purpose for which
a building or land is to be used is in conformance with the uses permitted
and all other requirements under this chapter for the zone in which
it is located or is to be located.
[Amended 5-8-1986 by Ord. No. 8-86]
The Planning Board of the Borough of Upper Saddle River.
The map or maps of a subdivision or site plan.
Rights conferred pursuant to this chapter prior to final
approval after specific elements of a development plan have been agreed
upon by the Planning Board and applicant.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 126-11 of this chapter.
A development plan of one or more lots on 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 and signs, lighting,
screening devices.
Any other information required by this chapter
that may be reasonably required in order to make an informed determination
pursuant to this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
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. For the purpose of this chapter,
streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
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 STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other subdivisions 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:
divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size; divisions
of property by testamentary or intestate provisions; divisions of
property upon court order; conveyances so as to combine existing lots
by deed or other instrument. The term "subdivision" shall also include
the term "resubdivision."
[1]
Editor's Note: N.J.S.A. 58:1-1 to 58:1-34
were repealed by L.1945, c. 22, p. 79, § 44, effective 7-1-1945;
L.1979, c. 359, § 15, effective 1-31-1980; L.1981, c. 262, §
26, effective 8-13-1981. See now N.J.S.A. 58:1A-1 et seq.
