This chapter shall be known and may be cited
as the "Development Ordinance of the Borough of Palisades Park."
The regulations contained in this chapter are
deemed necessary to achieve the following purposes:
A.Â
To promote, protect and enhance the public health,
safety, convenience and general welfare in an era of increasing development
and urbanization.
B.Â
To protect the character and maintain the stability
of all areas in the borough and to promote the orderly and beneficial
development of such areas.
C.Â
To provide a review and coordination procedure which
clearly defines the role of public and private interests, as well
as standards to be enforced.
D.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters.
E.Â
To enhance and improve the man-made and natural environment.
F.Â
To protect and promote a cleaner and safer living
environment affecting land, water and air resources.
G.Â
To encourage the compatible and harmonious use of
land and resources.
H.Â
To conserve and enhance the taxable value of land
and buildings.
I.Â
To encourage innovative and attractive techniques
in design, technology and administration.
J.Â
To encourage municipal action to guide the appropriate
use or development of all lands in a manner which will promote the
public health, safety and general welfare.
K.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
L.Â
To promote the conservation of open space and valuable
natural resources and to prevent degradation of the environment through
improper use of land.
M.Â
To encourage coordination of the various public and
private procedures and activities shaping land development, with a
view of lessening the cost of such development and the more efficient
use of land.
A.Â
Words used in the present tense 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 "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 "abut" shall include
the words "directly across from"; the word "shall" is mandatory and
not optional; and the word "may" is permissive.
B.Â
ACCELERATION LANE
ADMINISTRATIVE OFFICER
ADVERSE DRAINAGE CONDITION
ALTERATION
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD OF ADJUSTMENT
BUILDING
COMPLETE APPLICATION
COUNTY PLANNING BOARD
CULVERT
DECELERATION LANE
DEVELOPER
DEVELOPMENT
DRAINAGE
DRAINAGE RIGHT-OF-WAY OR EASEMENT
DRIVEWAY
EROSION
FINAL APPROVAL
FINAL PLAT
GRADE, FINISHED
INTERESTED PARTY
LAND
LAND USE OFFICER
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MAYOR
MINOR SITE PLAN
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
MINOR SUBDIVISION
MUNICIPAL AGENCY
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
PERFORMANCE GUARANTY
PERMIT, BUILDING
PERMIT, CERTIFICATE OF OCCUPANCY
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
QUORUM
RESUBDIVISION
SEDIMENTATION
SITE PLAN
(1)Â
(2)Â
(3)Â
STREET
STRUCTURE
SUBDIVISION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
SUBDIVISION COMMITTEE
TRANSCRIPT
WATER BODY
WATERCOURSE
Unless the context otherwise indicates, the following
definitions shall be used in the interpretation and construction of
this chapter:
Added pavement at an intersection or other point of access
to a public or private street or driveway, designed to enable vehicles
entering the roadway to attain a speed which will allow entering vehicles
to merge safely with through traffic.
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the issuance
of building and zoning permits and certificates of occupancy shall
be the Building Inspector. The administrative officer for the Board
of Adjustment shall be the Secretary of the Board of Adjustment. The
administrative officer for the Planning Board shall be the Secretary
of the Planning Board.
The absence or presence of drainage facilities or drainage
easements in a drainageway leading to, along or through a street,
road or drainage structure or to private property, either within or
exterior to a proposed subdivision or site plan of such location,
size, design, construction or condition which will not provide adequately
for storage or will cause flooding, erosion, silting or other damaging
effects to a street or road or drainage structure or private property
or which threatens to damage private property as a result of such
adverse storm drainage condition.
As applied to a building or structure, a change or rearrangement
of structural parts or existing facilities or any enlargement or relocation,
whether by extension of a front, rear or side or by increase in height
or in depth or by moving from one location to another.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 and 40:55D-36.
The Planning Board, Board of Adjustment or Mayor and Council
of the Borough of Palisades Park, as the case may be.
The Board of Adjustment of the Borough of Palisades Park.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency 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 municipal agency may require
such additional information not specified in this chapter 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 this chapter and
in the rules and regulations of the municipal agency and shall be
deemed complete as of the day it is certified by the administrative
officer for purposes of the commencement of the time period for action
by the municipal agency.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
A structure designed to convey a watercourse under a driveway,
road, railroad or pedestrian walk, which watercourse is not incorporated
into a closed storm drainage system.
Added pavement width at an intersection or other point of
access from a public or private road or driveway, designed to enable
vehicles leaving the street or roadway to make the necessary reduction
in speed without interfering with the free movement of through traffic.
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 the use
of land, for which permission may be required pursuant to this chapter.
The removal of surface water or groundwater from the 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.
The land required for the installation and/or maintenance
of stormwater sewers, culverts, bridges and drainage ditches or a
watercourse for preserving the channel and/or providing for the flow
therein.
A means of access for vehicles to or from a property to a
roadway.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
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.
The final map of all or a portion of a subdivision which
is presented to the Planning Board for final approval and which, if
approved, shall be filed with the county recording officer.
The completed surfaces of lawns, landscaped areas, driveways,
parking areas, walks and roads.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; 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 the provisions of the Municipal Land Use Law[1] or under any other law of this state or of the United
States has been denied, violated or infringed on by an action or a
failure to act under the provisions of the Municipal Land Use Law.
Includes improvements and fixtures on, above or below the
surface.
The Building Inspector of the Borough of Palisades Park.
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.
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
The chief executive of the municipality.
A development of one or more lots which:
Proposes new development involving nonresidential
development of less than 5,000 square feet of gross building area
and less than 25 off-street parking spaces meeting all of the requirements
of the Zoning Ordinance[2] and this chapter.
Does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42).
Contains the information reasonably 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 change of use to a permitted use in the zoning
district in which it is located, involving less than 5,000 square
feet of additional gross square feet of building area and involving
less than 25 additional off-street parking spaces, shall be deemed
a minor site plan when the provisions of this chapter require site
plan approval for such use or premises.
A subdivision of land for the creation of not more than three
lots fronting on an existing street and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, Zoning Ordinance or this chapter, provided that such
subdivision does not involve a planned development, any new street
or the extension of any off-tract improvement, the cost of which is
to be prorated pursuant to Section 30 of the Municipal Land Use Law
(N.J.S.A. 40:55D-42).
The Planning Board, Board of Adjustment or Mayor and Council
whenever any one of them shall be acting pursuant to this chapter.
The map adopted by resolution of the Board of Chosen Freeholders
of Bergen County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
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 a 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 security which may be accepted by the municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
A certificate issued by the Building Inspector for the construction,
reconstruction, remodeling, alteration or repair of a structure in
accordance with plans and specifications accompanying the application
for a permit.
A certificate issued by the Building Inspector upon the proper
completion of the work for which a building permit has been issued
or upon a change in the nature of occupancy or use of a building or
land, which certifies that all requirements of this chapter or such
variance therefrom which may have been granted, have been met.
The Planning Board of the Borough of Palisades Park.
The map or maps of a subdivision or site plan.
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 applicant.
The majority of the full authorized membership of the municipal
agency.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made or 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, wind, ice, gravity or other natural means
as a product of erosion.
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 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.
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 this chapter
or which is shown 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, curbs, sidewalks, parking
areas and other areas within the street lines.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of the 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:
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, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels or land owned by the same person or persons, 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.
The term "subdivision" shall also include the
term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Planning Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter, and
such other duties relating to land subdivision which may be conferred
on this Committee by the Board.
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
Any natural or artificial collection of water, whether permanent
or temporary.
Any natural swale, ditch, gully, stream, brook or river wherein
water flows ordinarily, frequently or infrequently but not necessarily
continuously. This definition includes watercourses which have been
artificially treated, realigned or improved.
C.Â
Other definitions. Whenever in the administration
of this chapter it shall be necessary or desirable to define a term
that has not been defined herein, reference shall be made to the Municipal
Land Use Law,[3] the Zoning Ordinance of the Borough of Palisades Park[4] and the State Uniform Construction Code.[5]
