It is the intent and purpose of this chapter to:
A. 
Guide the appropriate development of lands in the municipality, maintain its present character and stability and promote its beneficial development.
B. 
Provide rules, regulations and procedures to guide the appropriate development of lands within the municipality in a manner which will promote the public health, safety, morals and general welfare.
C. 
Encourage the location and design of streets and roadways which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.
D. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
E. 
Promote the conservation of open space and valuable natural resources and to prevent degradation of the environment through improper use of land.
F. 
Encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
G. 
Secure safety from fire, flood, panic and other natural and man-made disasters.
H. 
Provide adequate air and open space.
A. 
Word usage. For the purpose of this chapter, unless the context clearly indicates a different meaning, the term “shall” indicates a mandatory requirement, and the term “may” indicates a permissive action. Words used in the present tense include the future tense, the singular usage includes the plural usage, and the plural usage includes the singular usage.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The Secretary to the Leonia Planning Board for any application before the Planning Board, and the Secretary to the Leonia Board of Adjustment for any application before the Board of Adjustment.
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 when provided for by statute, ordinance or regulation.
APPROVING AUTHORITY
The Leonia Planning Board or the Leonia Board of Adjustment, as the case may be. as hereinafter provided in Article III.
BOARD
The Leonia Planning Board.
COMMON OPEN SPACE
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 to the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION
An application form completed as specified by ordinance and the rules and regulations of the approving authority and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the approving authority may require such 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 municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the approving authority and shall be deemed complete as of the date it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.
CONDITIONAL USE
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 Chapter 290, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL
Development other than planned development.
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.
COUNTY PLANNING BOARD
The Bergen County Planning Board.
DAYS
Calendar days.
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 land or extension of use of land, for which permission may be required by statute, ordinance or regulation.
DRAINAGE
The removal of surface water or underground water 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 the 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.
FOOTCANDLE
A unit of measure for luminance. A unit of luminance on a surface is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
[Added 5-19-2003 by Ord. No. 08-03]
FULLY SHIELDED FIXTURE
An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a ninety-degree horizontal plane running through the lowest part of the fixture, the base.
[Added 5-19-2003 by Ord. No. 08-03]
GLARE
Light that causes annoyance, discomfort, or loss in visual performance and ability.
[Added 5-19-2003 by Ord. No. 08-03]
GOVERNING BODY
The Mayor and Council of the Borough of Leonia.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing which have been formally designated in the Master Plan and by ordinance pursuant to the provisions, of this chapter, as being of historical, archaeological, cultural, scenic or architectural significance.
[Amended 3-18-1996 by Ord. No. 1214]
INTERESTED PARTY
Any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property under this chapter or any law of this state or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the surface.
LIGHT SOURCE
The components of any luminaire through which visible light is distributed, including the lamp or lamps and any lens, reflector, refractor, diffuser or globe which transmits the light therefrom.
[Added 5-19-2003 by Ord. No. 08-03]
LIGHT TRESPASS
Light from an artificial source that is intruding into an area where it is not wanted.
[Added 5-19-2003 by Ord. No. 08-03]
LOT
A designated parcel, plot, 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.
LUMINAIRE
A complete lighting assembly, which may consist of a lamp, ballast, reflector, refractor, lens, housing, fitting, wiring, and/or other parts. Also referred to as light fixture.
[Added 5-19-2003 by Ord. No. 08-03]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the municipality for the maintenance of any improvements required by this chapter.
MASTER PLAN
The composite of one or more written or graphic proposals for the development of the Borough of Leonia by the Leonia Planning Board pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-28).
MUNICIPALITY
The Borough of Leonia.
OFFICE BUILDING
Under the provisions of the Municipal Land Use Law pertaining to physically handicapped persons, a building or structure of more than 10,000 square feet of gross floor area wherein a commercial or building activity or service is performed or a profession is practiced or wherein any combination thereof is performed or practiced in all or the majority of such building or structure.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Bergen County Board of Chosen Freeholders pursuant to the provisions of N.J.S.A. 40:27-5.
OFFICIAL MAP
The map adopted by ordinance of the Leonia Mayor and Council pursuant to the provisions of N.J.S.A. 40:55D-32 et seq.
OFF SITE
Located outside the lot lines of the lot in question but within the property, of which the lot is a part, which property is the subject matter of a development application or on the contiguous portion of a street or right-of-way.
OFF TRACT
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.
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 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.
OUTDOOR LIGHTING FIXTURE
An electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot, flood and area lighting.
[Added 5-19-2003 by Ord. No. 08-03]
PARTY IMMEDIATELY CONCERNED
For 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 the provisions of N.J.S.A. 40:55D-12.
PERFECTED APPLICATION
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, proof is submitted that no taxes or assessments for local improvements are due or delinquent on the property for which approval is sought and other municipal reviews and governmental approvals as required.
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash.
PERSON
Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust or other legal entity.
PHYSICAL HANDICAP
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 perceptiveness to the extent that facilities are needed for the safety of that person.
PLANNED UNIT DEVELOPMENT
When permitted by ordinance or variance, 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 or planned 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 Chapter 290, Zoning.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
When permitted by ordinance or variance, an area with a specified minimum contiguous acreage of five acres or more 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.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.
PUBLIC BUILDING
Under the provisions of the Municipal Land Use Law pertaining to physically handicapped persons, any building, structure, facility or complex used by the general public, including but not limited to theaters, 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 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" shall mean 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.
PUBLIC DRAINAGEWAY
Land reserved or dedicated for 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 to safeguard the public against flood damage, sedimentation and erosion.
SEDIMENTATION
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.
SITE PLAN
A development plan of one or more lots in which is shown the existing or 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, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SITE TRIANGLE
A triangular-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 2 1/2 feet above the center-line grade of the street or driveway. The municipality shall have the right of entry to remove any obstruction to vision within a site easement area not conforming to the standards of this definition, following due notice to the property owner. Said triangle shall be determined along such street lines or edge of a driveway 30 feet distant from their joint intersection.
STREET
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 approved by official action as provided by the Municipal Land Use Law or which is shown on a plat duly filed and recorded in the Bergen County Clerk’s office 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, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE
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.
SUBDIVISION
(1) 
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.
(a) 
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.
(b) 
Divisions of land by testamentary or intestate provisions.
(c) 
Divisions of land upon court order, including but not limited to judgments of foreclosure.
(d) 
Consolidation of existing lots by deed or other recorded instrument.
(e) 
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 municipality.
(2) 
The term "subdivision" shall also include the term "resubdivision."
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
UNIFORMITY RATIO (U RATIO)
Describes the average illumination in relation to the lowest level of illumination for a given area. Example: U Ratio = 4.1 for the given area, the lowest level of illumination (1) should be no less than 25% or “4 times less” than the average (4) level of illumination.
[Added 5-19-2003 by Ord. No. 08-03]