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Carlstadt City Zoning Code

21-24 Meadowlands

Overlay District. 1

[Added 10-7-2020 by Ord. No. 20-6; amended3-3-2021 by Ord. No. 21-3]
This section is applicable to lands within the Borough of Carlstadt that are located within the jurisdictional boundary of the Hackensack Meadowlands District.
21-24.1. 
The Hackensack Meadowlands Agency Consolidation Act, at N.J.S.A. 5:10A-1 et seq., the Act (the Act) provides at Section 11(a) that "A constituent municipality that adopts and maintains the commission's master plan, zoning regulations, codes, and standards shall review and approve or reject applications for the development, improvement, redevelopment, construction, or reconstruction on land in the district. . ., upon the commission's determination that the master plan, zoning regulations, codes and standards adopted by the constituent municipality conform in all material respects to those of the commission." Accordingly, the Borough of Carlstadt hereby adopts and maintains the NJSEA's master plan, zoning regulations, codes, and standards and that, further, the following documents are incorporated by reference and deemed to be part of this section:
a. 
Hackensack Meadowlands District Master Plan Update 2020, adopted February 2020.
b. 
NJMC District Zoning Regulations, N.J.A.C. 19:4.
c. 
NJMC Subdivision Regulations, N.J.A.C. 19:5.
d. 
NJMC Building Code, N.J.A.C. 19:6.
e. 
NJMC District Transportation Plan Rules, N.J.A.C. 19:7.
f. 
Hackensack Meadowlands District Official Zoning Map.
g. 
Interim Policies Governing Affordable Housing Development in the Meadowlands District effective July 24, 2008, last revised July 27, 2011.
h. 
Redevelopment plans: Paterson Plank Road Redevelopment Plan amended December 19, 2012.
i. 
Pallet racking installation requirements.
j. 
Landscape and open space design guidelines.
k. 
Open space requirements.
l. 
Recommended plant list (including native plants).
m. 
Guideline on invasive plants.
n. 
Tank checklist.
21-24.2. 
The Borough of Carlstadt shall adopt, maintain, and abide by all the applicable rules within the Hackensack Meadowlands District, inclusive of the aforementioned documents listed in Section 21-24.1, as amended and supplemented, in the course of any and all land use and zoning application reviews for properties located in the District. The requirements of Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are not applicable within the portion of the Borough of Carlstadt within the Hackensack Meadowlands District, and as per N.J.A.C. 19:4-2.1(e), no process, procedure, decision, or other action required or occurring pursuant to the District zoning regulations shall necessarily be interpreted to operate in the same manner set forth in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq.
21-24.3. 
In the interest of continuity of review, all applications shall be first submitted to the NJSEA, and the NJSEA shall within three business days of receipt forward a complete copy of the application to the Borough of Carlstadt.
21-24.4. 
The Borough of Carlstadt acknowledges that the NJSEA shall continue to perform the following reviews:
a. 
Determination of any project which requires a use variance or special exception, in accordance with Section 11d. of the Act, which shall be evaluated within five business days of receipt, if possible. The review, and subsequent approval or rejection, of any project which requires a use variance or special exception shall be retained by the NJSEA;
b. 
Calculation of Transportation Mitigation Assessment (TMAN), as required by the Hackensack Meadowlands Transportation Planning District Act of 2015, N.J.S.A. 5:10A-69 et seq. (the TPD Act);
c. 
Determination of best available flood hazard data elevation, as required by FEMA's National Flood Insurance Program (NFIP) Community Rating System (CRS);
d. 
Administration of floodplain management regulations/floodproofing, as required by FEMA's NFIP CRS;
e. 
Evaluation of the state's riparian interest, as required by N.J.S.A. 13:1B-13.8 regarding the New Jersey Department of Environmental Protection Bureau of Tidelands;
f. 
Evaluation of development's conformance with the New Jersey Coastal Zone Management Program, as required by N.J.A.C. 7:7-9.43; and
g. 
Conformance with the interim policies governing Interim Policies Governing Affordable Housing Development in the Meadowlands District.
21-24.5. 
The Borough of Carlstadt shall provide the NJSEA with "all documentation, plans, and information regarding all applications," inclusive of copies of all letters, permits and approvals issued, as required by Section 11a. of the Act.
21-24.6. 
If a TMAN is determined by the NJSEA to be required, the Borough of Carlstadt agrees to refrain from issuance of any approval until such time that the TMAN is paid to the NJSEA or the appropriate agreement with the NJSEA for future payments is signed and filed in the County Registrar's office.
21-24.7. 
Thirty percent of any TMAN funds collected in accordance with the TPD Act for any project in the Borough of Carlstadt shall be used for transportation related projects within the Borough of Carlstadt as required by Section 74k of the TPD Act.
21-24.8. 
The Borough of Carlstadt acknowledges that the NJSEA shall independently enforce the Hackensack Meadowlands Transportation Planning District Act of 2015, if an approval is issued by the Borough of Carlstadt prior to the payment of the TMAN to the NJSEA.
21-24.9. 
In adopting the district zoning regulations, the NJSEA fee schedule shall govern. No additional fees may be charged to district applicants. The Borough of Carlstadt shall retain all fees generated by the applications handled by the municipality in accordance with the fee schedule set forth in N.J.A.C. 19:4-11.
21-24.10. 
The Borough of Carlstadt shall provide all necessary information to and cooperate with the NJSEA to ensure the continuity of the FEMA NFIP CRS program for the benefit of the constituent property owners within the Borough of Carlstadt as well as within the Hackensack Meadowlands District, including, but not limited to, the following:
a. 
As-built plans for completed building and/or addition construction prior to the issuance of any temporary or final certificate of completion and/or occupancy approval or certificate of occupancy. The Borough shall not issue any temporary or final certificate of completion and/or occupancy approval or certificate of occupancy until the applicant has first obtained a FEMA NFIP elevation certificate that has been signed by the NJSEA.
b. 
A link on the municipal website, listing the NJSEA as the floodplain administrator for all district properties and directing inquiries to the NJSEA;
c. 
The records for all construction, maintenance and inspections regarding drainage structures located within the district portion of the municipality.
21-24.11. 
The Borough of Carlstadt hereby agrees that, as the NJSEA is the floodplain administrator for the FEMA NFIP CRS program and is responsible for enforcement of the Floodplain Management regulations at N.J.A.C. 19:4-9.1 et seq., all applications involving a request for a variance from the NJSEA's required finished floor elevation shall be submitted to the NJSEA for review and approval or rejection.
21-24.12. 
To the extent that the New Jersey Administrative Code regulations permit an appeal to the Executive Director of the NJMC (by way of example, but not by way of limitation, N.J.A.C. 19:4-4.19), said appeal shall be made to the Zoning Code Official of the Borough of Carlstadt.
21-24.13. 
To the extent that the New Jersey Administrative Code regulations permit the Executive Director of the New Jersey Meadowlands Commission to waive or reduce any application fee (by way of example, but not by way of limitation, N.J.A.C. 19:411.1), said request for a waiver or reduction of the application fee shall be made to the Zoning Code Official of the Borough Carlstadt.
21-24.14. 
This section is limited to that portion of the Borough of Carlstadt within the Hackensack Meadowland District, as delineated on the Hackensack Meadowlands District Official Zoning Map. For the remaining portion of the Borough of Carlstadt, which is outside of the Hackensack Meadowlands District boundaries, all existing development regulations shall remain in full force and effect.
21-24.15. 
If any section, paragraph, subdivision, clause or provision of this section shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged and the remainder of this section shall be deemed to be valid and effective.
21-24.16. 
This section is hereby referred to the Borough of Carlstadt Planning Board, pursuant to N.J.S.A. 40:55D-64 for a report, if any, pursuant to N.J.S.A. 40:55D-26(a).
21-24.17. 
Should the Borough of Carlstadt Planning Board fail to transmit said report within the required thirty-five-day period provided for in said statute, then the governing body shall be relieved from the requirements of N.J.S.A. 40:55D-26.
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Editor's Note: Former Sections 21-24 through 21-27 were renumbered as Sections 21-25 through 21-28, respectively, to accommodate the addition of new Section 21-24.