Hawthorne City Zoning Code
PART 1
General Provisions and Administration
§ 540-1 Title.
This chapter shall be known as the "Zoning and Land Development Ordinance of the Borough of Hawthorne."
§ 540-2 Purpose.
§ 540-3 Scope.
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto. Whenever this chapter imposes a greater restriction upon, including but not limited to, the use of buildings or premises, or upon the height of buildings or lot coverage, or requires greater lot area, or larger yards, or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.
§ 540-4 Establishment; composition.
Pursuant to the provisions of N.J.S.A. 40:55D-23, the Borough of Hawthorne Planning Board shall be comprised of seven members and two alternates consisting of the following four classes:
A.
Class I: the Mayor or the Mayor's designee.
B.
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member for purposes of this Act in the event that there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
C.
Class III: a member of the Borough Council appointed by the Council.
D.
Class IV: four other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment or historic preservation commission. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member, unless there be amongst the Class IV or alternate members both a member of the Zoning Board or historic preservation commission and a member of the Board of Education, in which case, the member common to the Planning Board and environmental commission shall be deemed a Class II member. Alternate members appointed to the Planning Board shall be Class IV members.
§ 540-5 Terms of members.
A.
The term of the member composing Class I shall correspond with his/her official tenure. The term of the member composing Class II shall be for one year or terminate at the completion of his/her first term of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his/her term of office as a member of the Environmental Commission, whichever occurs first.
B.
The term of the member composing Class III shall be for one year or terminate at the completion of his/her term of office, whichever occurs first.
C.
The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his/her Class IV term, whichever occurs first.
D.
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein above provided. All terms shall run from January 1 of the year in which the appointment is made.
§ 540-6 Vacancies.
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 540-7 Removal for cause.
Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the Borough Council for cause.
§ 540-8 Organization.
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV and select a Secretary who may be either a member of the Planning Board, a municipal employee designated by the Board or someone outside the employment of the municipality duly appointed and hired by the Planning Board.
§ 540-9 Alternate members.
A.
There shall be two alternate members of the Planning Board appointed by the Mayor and meeting the qualifications of Class IV members of seven member planning boards. The alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. Notwithstanding the aforesaid, the initial terms of the members shall be arranged so as to accomplish the intent of this section. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
B.
No alternate member shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he/she requests one, be removed by the Borough Council for cause.
C.
The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
§ 540-10 Employment of counsel, experts and staff.
The Planning Board may employ, or contract for, and fix the compensation of legal counsel, experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of grants, the amount appropriated by the governing body for its use.
§ 540-11 Powers and duties.
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
A.
To make and adopt and from time to time amend a Master Plan for the physical development of the Borough, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the Borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
B.
To approve conditional use applications as authorized by state statute.
C.
To administer the provisions of the Land Use and Development Ordinance of the Borough in accordance with the provisions of this chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
D.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuing planning process.
F.
To review and make recommendations to the Council on the official map of the Borough pursuant to N.J.S.A. 40:55D-32 and N.J.S.A. 40:55D-26.
G.
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the governing body.
H.
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
I.
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(1)
A variance pursuant to N.J.S.A. 40:55D-70c.
(2)
Direct the issuance of a permit for a building or structure either not related to a street (N.J.S.A. 40:55D-36) or in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32).
(3)
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
J.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body or other agencies or officers.
§ 540-12 Rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 540-13 Establishment; composition.
A.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven regular members and two alternate members, appointed by the Borough Mayor with the advice and consent of the Borough Council.
B.
All regular members and any alternate members shall be municipal residents.
C.
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
§ 540-14 Terms of members.
The regular members of the Zoning Board of Adjustment shall serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Nothing in this chapter shall, however, be construed to affect the terms of any present members of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.
§ 540-15 Vacancies.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
§ 540-16 Removal for cause.
A member may, after public hearing if he/she requests one, be removed by the Borough Council for cause.
§ 540-17 Organization.
The Board of Adjustment shall elect a Chairperson and Vice Chairperson from its members and shall also select a Secretary who may be either a Board member or a municipal employee designated by it.
§ 540-18 Alternate members.
A.
There shall be two alternate members of the Board of Adjustment appointed by the Mayor with the advice and consent of the Borough Council. The alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. Notwithstanding the aforesaid, the initial terms of the members shall be arranged so as to accomplish the intent of this section.
B.
The alternate members may participate in discussion proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
§ 540-19 Employment of counsel, experts and staff.
The Zoning Board of Adjustment may also employ, or contract for, and fix the compensation of legal counsel and such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of grants, the amount appropriated by the governing body for its use.
§ 540-20 Powers and duties.
A.
The Board of Adjustment shall have the following powers and duties, as granted by law:
(1)
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of this chapter.
(2)
To hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.
(3)
To grant variances, as follows:
(a)
Where: (1) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant a variance from such strict application, so as to relieve such difficulties or hardship; where (2) in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from chapter requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from any regulation in this chapter; provided, however, that no variance shall be granted under this subsection from those departures enumerated in Subsection A(3)(b) below, and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use.
(b)
In particular cases and for special reasons, grant a variance to allow: (1) a principal use or structure in a district restricted against such use or principal structure; (2) an expansion of a nonconforming use; (3) a deviation from a specification or standard pertaining solely to a conditional use; (4) an increase in the permitted floor area ratio; (5) an increase in the permitted density, except as applied to the required lot area for a lot or lots for detached one- or two-family dwelling unit buildings, which lot or lots are either an isolated undeveloped sized lot or lots resulting from a minor subdivision; or (6) a height of a principal structure which exceeds by 10 feet or 10% of the maximum height permitted in the district for a principal structure. Such variances may only be granted by affirmative vote of at least five members of the Board.
B.
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such references shall not extend the period of time within which the Zoning Board of Adjustment shall act.
§ 540-21 Additional powers.
A.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 540-20, have power given by law to:
(1)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a public building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
(2)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
B.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a variance pursuant to § 540-20A(3)(a) and (b) of this chapter.
§ 540-22 Appeals.
A.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decision of the Administrative Officer. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with 14 copies of said notice with the Administrative Officer. Said notice of appeal shall specify the grounds of said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B.
The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an Administrative Officer. Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
C.
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order of the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
D.
Upon appeal, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the Administrative Officer from whom the appeal was taken.
§ 540-23 Rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 540-24 Conflicts of interest.
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself/herself from acting on a particular matter, he/she shall not continue to sit with the Board on the hearing of such matter or participate in any discussion or decision relating thereto.
§ 540-25 Meetings.
A.
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairperson, on the request of any two Board members, or by an applicant, which meetings shall be held on notice to the Board's members and the public in accordance with all applicable legal requirements. Special meetings requested by an applicant shall be subject to the payment of the requisite special meeting fee required pursuant to § 540-124C where such special meeting is requested and agreed to by the reviewing Board.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of this chapter or of law.
E.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[1] An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
§ 540-26 Minutes of meetings.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for use as provided for in the rules of the Board.
§ 540-27 Hearings.
A.
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B.
Oaths. The officer presiding at the hearing or such person as he/she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the county and the Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right to cross-examine shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his/her expense.
F.
Qualification. When any hearing before the Planning Board or Zoning Board of Adjustment shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conditioned, notwithstanding his/her absence from one or more of the meetings; provided, however, that such Board member has available to him/her a transcript or recording of the meeting from which he/she was absent and certifies in writing to the Board that he/she has read such verbatim transcript or listened to such recording.
§ 540-28 Notices of hearings.
Notices of hearings shall be given for all applications for development except minor subdivision approval, minor site plan approval not requiring variance relief and final subdivision approval pursuant to N.J.S.A. 40:55D-12. Whenever a hearing is required on an application for development pursuant to this section, the applicant shall give notice thereof as follows:
A.
Public notice shall be given by publication in the official newspaper of the Borough, if there is one, or in a newspaper of general circulation in the Borough at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to a condominium association, in the case of any unit owner whose unit has a unit above or below it, or a horizontal property regime, in the case of a co-owner whose apartment has an apartment above or below it. Such notice shall be given by either serving a copy thereof on the owner as shown on said current tax duplicate or his/her agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his/her address as shown on said current tax duplicate. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
D.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the Director of the Division of State Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to N.J.S.A. 40:55D-10b.
G.
Notice shall be given by personal service or certified mail of a hearing on an application of a major subdivision or a site plan not defined as a minor site plan to a public utility, cable television company or local utility which possesses a right-of-way or easement within the Borough and has registered with the Borough in accordance with N.J.S.A. 40:55D-12.1.
H.
All notices herein above specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
I.
Any notice made by certified mail as herein above required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
J.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.
§ 540-29 List of property owners furnished.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Borough of Hawthorne shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 540-28B of this chapter.
§ 540-30 Decisions.
A.
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
B.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality. In addition, a copy of the decision shall be forwarded to the following Borough officials or agencies:
C.
See § 540-44B(3) and (4), wherein the statutory time frames for action by the approving authority on subdivision and site plan applications, respectively, are set forth.
§ 540-31 Publication of decisions.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary/Administrative Officer without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
§ 540-32 Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such a manner that the municipality will be adequately protected.
§ 540-33 Administration; applicability.
A.
Administration. The Administrative Officer, as defined in this chapter, shall examine all applications under his/her jurisdiction and shall approve all required inspections to ensure compliance with this chapter.
B.
Applicability.
(1)
Prior to the subdivision or resubdivision of land and prior to the issuance of a construction permit or certificate of occupancy for any development, an application shall be submitted to and approved by the Planning Board or the Board of Adjustment as provided by statute, for its review and approval in accordance with the requirements of this chapter.
(2)
When site plan approval is required.
(a)
Except for single- and two-family residential use and buildings and accessory uses thereto, and change in nonresidential tenancy otherwise exempted from site plan review by the Planning Board Tenancy Review Committee pursuant to § 540-33C, site plan approval shall be required for any new building, any addition to any existing building, any change of tenancy and/or occupancy for nonresidential use, any off-street parking area or alteration of such a parking area, any change in use of a building or part thereof, any building accessory to or used in connection with a permitted farming and agricultural operation and the disturbance of more than 5,000 square feet of the surface area of any lot.
(b)
Any nonresidential change in tenancy, except as otherwise exempted under § 540-33B(2)(a), shall require Planning Board review. All nonresidential changes in tenancy shall be referred to the Planning Board Tenancy Review Committee created pursuant to § 540-33C(1).
(c)
An applicant may apply for minor site plan approval to the Planning Board. In order to qualify as a minor site plan application, the minor site plan must satisfy the following criteria:
[1]
It involves only a change in use or a change in tenancy of an existing building or is the first use in a new building having received site plan approval and the use is permitted in the zone or involves the tenancy for a building granted prior site plan approval but for which tenancy was not established at the time of approval.
[2]
The use does not involve the handling or storage of hazardous materials as defined in N.J.A.C. 7:1G-1 to 7:1G-5.
[3]
There is no outstanding health, fire, building code, zoning or traffic safety violations.
[4]
There are no outstanding taxes or assessments payable.
[5]
There are no changes to the exterior design or appearance of a building.
[6]
No variances are created or existing nonconforming conditions are expanded.
(d)
Minor site plan applications may also be referred to one or more of the following Borough employees or their approved designees for recommendation:
C.
Planning Board Tenancy Review Committee.
(1)
There is hereby created a subcommittee of the Planning Board hereinafter referred to as the "Tenancy Review Committee" (Committee). The Committee shall consist of the Mayor as Class I member, the Council Representative as Class III Member and one Class IV Regular Member to be appointed by the Planning Board Chairman. The Committee shall review all changes in nonresidential tenancy applications to determine whether minor or major site plan approval is required prior to the issuance of a zoning permit and certificate of occupancy.
(2)
A change in nonresidential tenancy may be approved by the Committee as being exempt from minor or major site plan approval, provided that all of the following requirements are satisfied:
(a)
The Committee determines the change in tenancy is substantially equivalent to what existed prior to the tenancy application;
(b)
Does not result in a physical expansion of the building footprint or changes to the existing building other than facade improvements and signage in conformance with Code requirements;
(c)
Does not result in any physical changes to the property other than routine maintenance of existing site conditions; and
(d)
Does not result in an increase in parking demand that cannot be accommodated on the subject property.
(3)
Following approval of a minor site plan, and unless otherwise exempted from site plan approval pursuant to this chapter, the Zoning Officer shall issue a zoning permit authorizing the occupancy or continued occupancy, as the case may be, of the premises. No use shall commence or continue without the issuance of said zoning permit.
(4)
Where a site plan has been duly approved by the Planning Board, but where the specific use or uses of the building are not known at the time of the site plan approval, such as in the case of a speculative building, no certificate of occupancy for any part of the building shall be issued until a site plan for the specific use is approved; provided, however, that the Planning Board may review the specific use or occupancy as a minor site plan, provided the application satisfies the criteria for minor site plan as established in § 540-33B(2)(c) above.
§ 540-34 Enforcement.
A.
The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Borough under the terms of this chapter shall give primary consideration to the purposes and provisions of this chapter and to the welfare of the entire community. Moreover, if an applicant or his/her agent can clearly demonstrate that, because of the peculiar conditions pertaining to his/her land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the appropriate municipal agency may permit such exceptions or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
B.
It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and, in so doing, to inspect periodically the structures and land in the Borough, to investigate violations of the chapter coming to his/her attention, to serve notice upon property owners, to abate any condition found to exist in violation of any provision(s) of this chapter, to sign complaints where justified, and to cooperate with other Borough officials in the prosecution of violators. The enumeration herein of the duties of the Construction Code Officer and Zoning Officer shall not mean that other officials and employees shall be relieved of their obligation to enforce this chapter. The Construction Code Officer, Zoning Officer, Borough Engineer, or other Borough employees authorized by the Borough shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter.
C.
If the Zoning Officer finds any substantial deviation from any approved plans, he/she shall notify the permittee in writing of the deviation. The Zoning Officer and the Borough may take such action as is provided in this chapter to enforce the requirements of this chapter.
§ 540-35 Zoning permits; building permits; certificates of occupancy.
A.
Zoning permits.
(1)
Purpose. The zoning permit looks to the location and use of the building considering the requirements of this chapter, and certifies that such location and use is permitted, or that it exists as a nonconforming use and/or nonconforming structure or is permitted by the terms of a variance. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof or alter the use of any land subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer.
(2)
Application for zoning permit. All zoning permit applications shall be made in writing by the owner or his/her authorized agent and shall include a statement to the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all existing and proposed structures and such other information as may be necessary to provide for the enforcement of this chapter. The zoning permits shall be granted or denied within 10 business days from the date that a written application is filed with the Zoning Officer.
(3)
Issuance of zoning permit. Zoning permits shall be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that person is satisfied that the proposed use conforms with all requirements of this chapter. It is the applicant's responsibility that all other reviews and actions, if any, called for in this chapter or any other Borough ordinance have been complied with and all necessary approvals secured therefor.
(4)
Denial of zoning permit. When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, the Zoning Officer shall refuse to issue a zoning permit. When an application for a zoning permit is denied, it is the duty of the Zoning Officer to specify what sections of the application are not in conformance with this chapter. The applicant may appeal to the Zoning Board of Adjustment.
(5)
Records of zoning permits. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued, together with a notation of all special conditions involved. The Zoning Officer shall prepare a monthly report for the Borough Council, Planning Board, Zoning Board of Adjustment, and Tax Assessor, summarizing for the period since his/her previous report all zoning permits issued by him/her and all complaints of violations and the action taken by him/her consequent thereon.
B.
Building permits.
(1)
No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until a building permit has been procured from the Construction Code Officer. All applications for building permits shall be filed in accordance with the Uniform Construction Code.[1]
(2)
No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof until the Zoning Officer has certified that the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter. The Zoning Officer's certification shall be considered a prior approval required prior to the issuance of a building permit by the Construction Official.
(4)
Before a building permit is issued for a new building or for an extension or relocation of an existing building or before a permit is issued for the installation of any improvements required by this chapter or by a plot plan approved by the Planning Board, a licensed engineer or land surveyor shall visibly locate said building or improvements, together with the lot lines of the intended site for inspection by the Zoning Officer. The Zoning Officer shall ascertain that all requirements of this chapter and/or the approved plot plan are complied with before the issuance of a building permit.
(5)
Following construction of the foundation of a new building and prior to the start of framing, the applicant shall submit an accurate foundation survey in accordance with N.J.A.C. 13:40-5 in triplicate to the Zoning Officer for his/her review for compliance with this chapter. This survey shall show the dimensions of the new foundation, the distance from front and both side property lines of the two foundation corners nearest to these property lines and the elevation of the top of the foundation. If the building will be served by an individual sewage disposal system, and/or an individual water system (well), the Zoning Officer shall forward the foundation survey to the Board of Health for its review and approval in order to determine the proper relationship between the elevations of the building and the disposal system and ensure adequate gravity flow into the system. If a disposal field is to be built up by fill to more than two feet, a grading plan as required by the New Jersey Department of Environmental Protection Standards for the Construction of Individual Subsurface Sewage Disposal Systems shall first be reviewed and approved by the Borough Engineer, who may establish such conditions as he deems appropriate. Following approval of the foundation survey by the Zoning Officer and approvals by the Board of Health and the Borough Engineer as may be required, the Zoning Officer may authorize the completion of the building.
C.
Certificates of occupancy.
(1)
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued.
(2)
A certificate of occupancy shall not be issued until the Zoning Officer has certified that the land, use, building, structure, or premises complies with all provisions of this chapter and all other applicable Borough and state requirements and, if involved, with such conditions as have been imposed by any required site plan approval pursuant to this chapter. The Zoning Officer's certification shall be considered a prior approval required prior to the issuance of a certificate of occupancy by the Construction Official. When issued, the certificate of occupancy shall state that such compliance has been achieved.
(3)
The certificate of occupancy shall specify the use of land or building, and any circumstances or conditions imposed by any public agency, code or regulation. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in occupancy or tenancy in the nonresidential zones, will be treated as a new use, and a new certificate of occupancy shall be required. Prior to the issuance of a certificate of occupancy from said changes in use, all provisions of this chapter shall be complied with in the same manner as if the new use were a new structure or a new use of land, including site plan review requirements, except for those improvements or uses exempted from site plan approval pursuant to § 540-33B(2)(a), in which case, the certificate of occupancy may be issued administratively without Planning Board review.
(4)
A certificate of occupancy shall be issued within 10 business days after receipt of an application for the certificate and after the building has been completed in accordance with § 540-35B above, but not prior to any required authorization by the Planning Board in connection with site plan approval pursuant to this chapter. A record of all certificates shall be kept on file in the office of the Construction Department, and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected.
(5)
Where a preliminary site plan, as required by this chapter, has been duly reviewed and approved by the Planning Board, the erection or alteration of the building shall not be deemed to be completed until all the requirements of the approved site plan are met.
(6)
No certificate of occupancy shall be issued for any building or structure unless and until there shall be a street sign first installed on the street on which such building or structure is located.
§ 540-36 Stop orders and permit revocations.
A.
Stop orders. In the event that a permittee shall fail to comply with any condition or regulation or provisions of an approved plan, the Borough Engineer, Zoning Officer, and/or Construction Code Officer may issue a stop order on all construction work within the area encompassed by the approved plan and which order may include requirements for the prompt correction of adverse conditions. Thereafter, no construction work of any type shall be performed within the area of the approved plan except such work as is in accordance with the requirements of the Borough Official as set forth in said order or in accordance with the approved plan.
B.
Revocation of permits or certificates of occupancy.
(1)
In the event of a failure to comply with any provisions or requirements of this chapter, the Borough Construction Official or their designee may revoke any building or construction permit for any property upon which such noncompliance occurs or for any property affected by such noncompliance. The Borough may also seek to enjoin the violation, or take such other steps as permitted by law.
(2)
In the event of a failure to comply with any condition of final site plan or minor site plan approval having been granted by the Planning Board, the Construction Code Official, on his/her initiative, may revoke the building permit, construction permit or certificate of occupancy, as the case may be, and seek to enjoin the violation, or such other steps as permitted by law. In addition, the Borough Zoning Officer or Borough Engineer may also, on his/her initiative, seek to enjoin the violation, or take other such steps as permitted by law to enforce requirements of this chapter or conditions of approvals attached to final and minor site plan approvals.
§ 540-37 Violations and penalties.
A.
Any person who violates any of the provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder, or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder or who refuses reasonable opportunity to inspect any premises, shall be subject to such penalties as are provided for in Chapter 1, Article II, General Penalty.
B.
The owner of any building or structure, lot or land or part thereof where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate misdemeanor and, upon conviction thereof, shall each be liable to the penalty specified in Subsection A of this section.
C.
If, before final subdivision approval has been granted, any person as owner or agent transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision for which municipal approval is required, such persons shall be subject to a penalty not to exceed $2,000, and each lot disposition so made may be deemed a separate violation.
D.
In addition, the Borough may institute and maintain a civil action:
(1)
For injunctive relief;
(2)
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted, by ordinance, standards and procedures in accordance with N.J.S.A. 40:55D-38.
E.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and, also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
§ 540-38 Fees.
There is hereby established, in connection with various applications for development and other matters which fees are the subjects of this chapter, a schedule of fees, which fees shall be paid by the applicant. Said schedule of fees is included in Chapter 220, Fees, of the Borough Code of Ordinances.
A.
Development application fees and related charges. The developer shall, at the time of filing a submission, pay the nonrefundable fee specified in Chapter 220, Fees, to the Administrative Officer. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee equal to the sum of the fee for each element.
B.
Technical review escrow deposits.
(1)
In addition to the filing fees or any other fees required in this article, an applicant shall file with the Administrative Officer an escrow deposit fee of adequate funds to cover the costs of professional services in connection with the review of an application for development by planners, engineers, attorneys and other professional and/or experts whose services are deemed necessary with respect to processing the application by the approving authority in order to assure compliance with the provisions of this chapter. Technical review fees shall be calculated in accordance with the actual time required for review at rates set forth in a schedule of professional fees established each year by resolution of the Planning Board maintained in the office of the Borough Clerk and Administrative Officer for public inspection. The administration of technical review escrow deposits and payments made to professionals from said deposits shall be in accordance with the provisions of N.J.S.A. 40:55D-53.1 and Section 13 of P.L. 1991, c. 256.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.2.
(2)
At the time of filing an application for development, the applicant shall pay to the Borough an initial deposit for technical review fees in accordance with Chapter 220, Fees. The amount shown represents only the initial deposit. An applicant will be required to deposit additional funds when professional costs necessitate. In addition, deposit of escrow amounts may be required even when an initial deposit is not required if professional services become warranted. The amount of such fees shall be determined by the Administrative Officer and may include, but are not necessarily limited to, the following:
(3)
An application shall not be deemed complete until the application fee and initial escrow deposit have been paid. In the event a project is of a nature that is not expressly included in one of the categories in Chapter 220, Fees, the amount of the fee and deposit shall be determined by the Administrative Officer applying the standard applicable to other applications most closely resembling the project. Also, additional funds may be required when the original amount is depleted by 60% or more and the application is still in process. The additional amount shall be determined by the Administrative Officer.
C.
Inspection fees. The developer shall reimburse the Borough for all reasonable inspection fees incurred by the Borough Engineer for the inspection of improvements, provided that the Borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the amount set forth in Chapter 220, Fees, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4 and which shall be subject to the following conditions:
(1)
Fees for engineering inspections during and after construction, and during the maintenance period, shall be deposited in cash, or by certified check, with the Borough, prior to the issuance of a construction permit by the Borough Engineer.
(2)
In the event that construction proceeds at a very slow rate, outside of the time frame as established in the developer's agreement, and the work is not pursued in a diligent manner, resulting in an unreasonable number of engineering inspections or, in the event of faulty installations, inferior materials or workmanship causing an unreasonable number of engineering inspections, an additional fee shall be paid by the applicant to cover the engineering cost of such additional inspections.
(3)
No remaining portion of an engineering inspection fee, if any, shall be returned to a developer or his/her successor until the expiration of the maintenance period.
D.
Exemptions. All political entities and Borough entities shall be exempt from payment of any fee under this chapter including review escrow deposits. All charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] shall be exempt from any application charge established under this chapter. The aforementioned organizations shall, however, be required to make all review fee escrow deposits established under this chapter.
E.
Disputes. An applicant shall notify in writing the governing body with copies to the Borough's Chief Financial Officer (CFO), the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291.[2] The governing body, or its designee, shall within a reasonable time period attempt to mediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals. The appeals process shall be as set forth in N.J.S.A. 40:55D-53.2a.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 540-39 Improvements; performance and maintenance guarantees.
A.
Before filing a final subdivision plat or recording a minor subdivision deed or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of N.J.S.A. 40:55D-65, a developer shall furnish a performance guarantee, and provide for a maintenance guarantee in accordance with the provisions of this subsection.
(1)
The developer shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991. C. 256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-8 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
(2)
The performance guarantee shall be in the Borough's prescribed form of performance bond on which the subdivider shall be principal, and secured either by a bonding or surety company approved by the Council or by a certified bank or cashier's check, the proceeds of which shall be returnable to the subdivider without interest after full compliance by the subdivider with all of the requirements of this chapter and the developer's agreement.
(3)
The performance guarantee shall be approved by the Borough Attorney as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the Planning Board but in no case for a term of more than three years. However, with the consent of the owner and of the surety, if there be one, the Council may, by resolution, extend the term of such performance guarantee for an additional period or periods not to exceed, in the aggregate, three years. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, as determined as of the time of the passage of the resolution. The amount of the performance guarantee may be reduced by the Council by resolution when portions of the required improvements have been installed.
(4)
A successor developer must furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code,[1] for the purpose of updating the name and address of the owner of property on a construction permit.
(5)
The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(6)
A performance guarantee shall include, within an approved phase or section of a development privately owned perimeter buffer landscaping, as required by Borough ordinance or imposed as a condition of approval.
(7)
At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(8)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to § 540-39A(1), which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Zoning Officer, Borough Engineer, or other municipal official designated by ordinance. At no time may the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, Borough Engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(9)
A developer shall furnish to the Borough a "safety and stabilization guarantee," in favor of the Borough. At the developer's option, a "safety and stabilization guarantee" may be furnished either as a separate guarantee or as a line item of the performance guarantee. A safety and stabilization guarantee shall be available to the Borough solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
(b)
Work has not recommenced within 30 days following the provision of written notice by the Borough to the developer of the Borough's intent to claim payment under the guarantee. The Borough shall not provide notice of its intent to claim payment under a "safety and stabilization guarantee" until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Borough shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
(c)
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(d)
The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
[1]
$5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
[2]
The Borough shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
[3]
The Borough shall release a safety and stabilization guarantee upon the Borough Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
B.
The developer shall post with the Borough, prior to the release of a performance guarantee required pursuant to § 540-39A(1) through (8), a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
C.
If required, the developer shall post with the Borough, upon the inspection and issuance of final approval of the following private site improvements by the Borough Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(1)
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
(2)
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
D.
The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in Section 15 of P.L. 1991. c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
E.
If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
F.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection a. of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(1)
The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory.
(2)
The report prepared by the Borough Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
G.
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
H.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to § 540-39A(1) of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30%.
I.
If the Borough Engineer fails to send or provide the list and report as requested by the obligor pursuant to § 540-39F(1) within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
J.
If the governing body fails to approve or reject the bonded improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
K.
In the event that the obligor has made a cash deposit with the Borough or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and stabilization guarantee, the Borough may retain cash equal to the amount of the remaining safety and stabilization guarantee.
L.
If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
M.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Borough Engineer.
N.
The obligor shall reimburse the Borough for reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection N(1) and (2) of this section. The Borough may require the developer to post the inspection fees in escrow in an amount:
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 540-39A(1), which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
O.
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
P.
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
Q.
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant § 540-39A, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow, provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
R.
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
S.
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to § 540-39A(1), to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
§ 540-40 Developer's agreement.
A.
Within 90 days of the adoption of a resolution granting final subdivision or final site plan approval and prior to the execution of the final subdivision plat or signing of a final site plan by the Borough, there shall be executed and delivered to the Borough Attorney an agreement between the developer and the Borough incorporating all the terms and conditions of final approval. The agreement shall be drawn by the Borough Attorney and shall be executed by the owner and developer of the subdivision.
B.
The agreement must contain the following provision: "It is hereby understood and agreed that in the event the principal shall default in the performance of its obligation under this agreement, then the Borough shall perform said principal's obligation at the option of the Borough Council."
C.
Implicit in every preliminary approval and part of each such agreement in connection with final approval shall be the agreement of the developer to:
(1)
Procure all necessary drainage easements of any nature whatsoever.
(2)
Make such revisions in the drainage plan as may be reasonably required before or during construction by the Borough Engineer. All drainage problems shall be resolved to the satisfaction of the Borough Engineer prior to the issuance of the final certificate of occupancy in the subdivision or site plan.
(3)
Make changes to the approval and/or plan in the interest of public health and safety.
D.
In the event that all of the improvements have not been installed within the time period set forth in the developer's agreement, the developer may request, in writing, to the Borough Council, a one-year extension of the time in which to complete all improvements. No more than two such extensions will be considered unless the developer's agreement shall be accompanied by an application fee of $300 to cover the engineering and legal fees associated with the processing of the application.
§ 540-41 Off-tract improvements.
A.
Construction or contribution required. Pursuant to the powers established in N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:
(1)
Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
(2)
Contributions by developer toward required off-tract improvements:
(a)
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, the Planning Board shall utilize the criteria set forth in § 540-41C below in determining the developer's proportionate share of such improvements. In addition, the Board shall be guided by the rules and regulations specified in this chapter and the Master Plan. The Board may also be guided by counsel from the Board Attorney, Engineer, Planning Consultant and other qualified experts and municipal officials relative to the subject matter.
(b)
In the event that the Board determines that one or more improvements constitute an off-tract improvement, the Board shall notify the Borough Council of the same specifying the Borough's recommendation relative to the estimated cost of same, the applicant's prorated share of the cost, and possible methods or means to implement same, including but not limited to performance and maintenance guarantees, case contributions, development agreements and other forms of surety.
(c)
The Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed upon by both the applicant and the Borough Council and a written resolution to that effect by the Borough Council has been transmitted to the Board.
B.
Methods of implementation.
(1)
Performance and maintenance guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
(2)
Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Board, said agreement shall be approved as to form, sufficiency and execution by the Board Attorney and Borough Attorney. Said agreement shall specify the amount of cash contributions, if any, the method of payment, the relative timing of such payment, and the obligation or obligations to be undertaken by the Borough of Hawthorne.
(3)
Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(a)
Where another county or state agency has jurisdiction over the subject improvement and requires cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the Borough of Hawthorne;
(b)
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided; or
(c)
Where the applicant, where legally permissible, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the Borough of Hawthorne.
(4)
Cash contributions, method of payment. Where a cash contribution is required by this chapter, said contribution shall be deposited with the Borough Chief Financial Officer with a copy of the applicant's transmittal letter forwarded to the Borough Council, the Borough Engineer and the Board. Any and all monies received by the Chief Financial Officer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken, or initiated for a period of 10 years from the posting of the funds, the funds may be retained by the Borough and may be used for general municipal purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators, or grantors shall be liable to the Borough for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.
C.
Pro rata formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(1)
Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: The applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic capacity of the present facility, and the estimated peak-hour traffic generated by the proposal development. The ratio thus calculated shall be increased by 10% for contingencies.
(2)
Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(3)
Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minutes to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for the contingencies and shall be the ratio used to determine the cost to the applicant.
(4)
Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated peak surfaces runoff as proposed to be delivered into the existing system measured in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists, which will receive the flow of the surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Board.
(5)
General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.
§ 540-42 As-built plans.
A.
Before the Borough Construction Official Borough Engineer may issue a construction permit, the Borough Engineer shall certify that he or she has received and approved the detailed construction plans at a scale of not less than one inch equals 50 feet, profiles, typical sections, construction details and cross sections at maximum intervals of 50 feet of all improvements to be installed or constructed. No improvements shall be accepted by the Borough Council until the Borough Engineer has received and approved drawings, showing the as-built plans, details, grades and profiles of all improvements as finally constructed. In addition to print copies of as-built plans, electronic copies in a format acceptable to the Borough Engineer shall also be required as part of the submittal of as-built plans.
B.
Prior to the release of the performance guarantee, as-built plans on a reproducible media of all public improvements at a scale of not less than one inch equals 50 feet in plan and profile view shall be submitted with a certification as to the actual construction for approval of the Borough Engineer.
C.
As individual, improved lots within a subdivision are sold, the subdivider shall, prior to the time of closing, provide the purchaser with a plot plan prepared by a licensed land surveyor of such lot, showing the location of buildings and all improvements and the final contour grading lines. One copy of the as-built plan, signed and dated by the purchaser, shall be submitted to the Borough Engineer within 10 days prior to closing.
§ 540-43 General procedures for site plan and subdivision review.
A.
Purpose. Such regulations are deemed necessary to achieve the following purposes:
(1)
Promote orderly development. To protect the character and to maintain the stability of all areas within the community and to promote the orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations. To provide rules, regulations and procedures, where applicable and to the extent the same have not been otherwise promulgated by ordinance in the Borough of Hawthorne, which will guide the appropriate development of lands within the Borough in a manner which will promote the public health, safety, morals and general welfare.
(3)
To protect against hazards and danger. To secure safety from fire, flood, panic and other natural and man-made disasters.
(4)
Design standards. To encourage the design and location of streets which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.
(5)
Creative development techniques. To promote a desirable physical environment through creative development techniques, design and arrangement.
(6)
Open spaces. To promote the conservation of open space and to protect the natural resources and to prevent overcrowding through improper land use.
B.
Exceptions to design and performance standards. The approving authority, when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter as may by reasonable and within the general purpose and intent of the provisions for subdivisions, plat, site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to land in question.
C.
Submission of concept plan for informal review.
(1)
An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Administrative Officer, at least two weeks prior to the meeting of the approving authority, 16 copies of the concept plan and the completed application form.
(b)
The concept plan is considered a sketch or general plan neither fully engineered nor surveyed. Information used to prepare the concept plan can be available from secondary source information such as the Soil Conservation Survey Map or U.S. Geodetic Survey maps, but should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers and building arrangements and to determine how the land use code affects the proposal.
§ 540-44 General provisions.
A.
Filing and completeness.
(1)
Applications for development within the jurisdiction of the Planning Board and Zoning Board of Adjustment pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Administrative Officer. The applicant shall file, at least 10 days prior to the scheduled meeting, the following items: 16 copies of the application, all plot plans, maps and other papers required by virtue of any provision of this chapter, as well as the applicable fees and certification by the Tax Collector that all taxes are paid to date. All submission details are set forth in the checklists adopted as part of this chapter (see schedule[1]). The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents. Revised plans shall also be on file at least 10 days prior to the date of a continued hearing.
[1]
Editor's Note: Application Checklists is included as an attachment to this chapter.
(2)
A corporation or partnership applying for permission to subdivide a parcel of land, or for a variance to construct multiple dwellings, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership. If a corporation or partnership owns 10% or more of the stock of a corporation, or a 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or a 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder, or partner in a partnership, until the names and addresses of the corporate stockholders and individual partners exceeding the 10% ownership criterion established in this subsection have been listed. Neither the Planning Board, Zoning Board of Adjustment nor the governing body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or a partnership shall be as outlined in N.J.S.A. 40:55D-48.1.
(3)
The Borough Administrative Officer, in consultation with the Borough Engineer, shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. In the event the Administrative Officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
(4)
The applicant may request in writing that one or more of the submission requirements be waived, in which event, the Administrative Officer shall schedule the matter for consideration of the requested waivers before the appropriate board. The application shall be deemed incomplete until that item has been satisfied.
(5)
If an application, as filed, includes requests for waivers of any items required as conditions for completeness, the approving authority shall grant or deny the request at the first scheduled meeting, either regular or conference, following receipt of the application, provided that the application is filed no less than 14 days prior to said meeting. If any such item is not waived by the approving authority, the application shall be deemed incomplete until that item has been satisfied.
(6)
If an application is dormant for a period of 90 days after being declared incomplete due to lack of action on the part of the applicant, said application shall automatically be deemed null and void and shall be so marked or labeled.
(7)
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The approving authority may subsequently require correction of any information found to be in error and submission of 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 approving authority.
B.
Action by approving authority.
(1)
Public hearing. Upon determination that an application is complete, a public hearing date shall be set by the approving authority and notice given.
(2)
Reports.
(a)
Upon determination that an application is complete, the Administrative Officer shall forward one copy of the plans and supporting data to the following boards and experts, as directed by the approving authority, for review and action:
(b)
Upon receipt of all required reports, the applicant shall file with the approving authority a written statement responding to each report and stating how each comment of the report will be addressed or otherwise resolved. The written statement shall be filed with the Board prior to the required hearing on the application. If any required report has not been obtained by the applicant, the applicant shall notify the Board of this fact, by certified mail, in writing, at least 10 days prior to the hearing, giving the reason(s) why the report has not been received. After an agency has not responded within 30 days from date of certified mailing and the applicant has submitted the copies of letters/certified receipt indicating request for report, the applicant will be relieved from obtaining that agency's input. A copy of each report received by the applicant shall accompany the written statement. The format and content of the statement shall be as follows:
[1]
The name of agency issuing the report.
[2]
The date of the report.
[3]
The date of the application drawing(s) or revision date of the application drawing(s) for which the report is issued.
[4]
The applicant's response to each comment in the report which requires action on the part of the applicant. The response shall state clearly how each matter has been or will be addressed, corrected or otherwise resolved.
(c)
The approving authority shall take the recommendations into account but shall have the authority to proceed in the absence of such recommendation or to disregard or modify such recommendations.
(3)
The approving authority shall grant or deny preliminary subdivision approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision. Failure of the approving board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the approving board to act shall be issued on request of the applicant.
(a)
Minor subdivision: within 45 days of the date of a complete submission.
(b)
Preliminary subdivision of 10 or fewer lots: within 45 days of the date of a complete submission.
(c)
Preliminary subdivision with more than 10 lots: within 95 days of the date of a complete submission.
(d)
Preliminary subdivision requiring variances: within 120 days of the date of a complete submission.
(e)
Final subdivision: within 45 days of the date of a complete submission.
(4)
The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan. Failure of the approving board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the approving board to act shall be issued on request of the applicant.
(a)
Minor site plan: within 45 days of the date of a complete submission.
(b)
Preliminary site plan which involves 10 dwelling units or less: within 45 days of the date of a complete submission.
(c)
Preliminary site plan which involves more than 10 acres or more than 10 dwelling units: within 95 days of the date of a complete submission.
(d)
Preliminary site plan requiring variances: within 120 days of the date of a complete submission.
(e)
Final site plan: within 45 days of the date of a complete submission.
(5)
The approving authority may approve, disapprove or approve with conditions the application. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 540-30B. If the approving authority grants preliminary approval, its Chairperson and Secretary, or the Vice Chairperson or Assistant Secretary, in their absence, respectively, and the Borough Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(6)
Whenever review or approval of an application by the County Planning Board is required by the County Land Development Standards, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(7)
If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision, and that plan had been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development and shall be subject to filing of additional fees as specified in § 540-38. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
C.
Effect of approval.
(1)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; off-tract improvements; and in the case of a site plan, any requirements for preservation of existing natural resources, for safe and efficient vehicular and pedestrian circulation, parking and loading, for screening, landscaping and location of structures and for exterior lighting, except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.
(b)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat or site plan, as the case may be.
(c)
That the applicant may apply for, and the approving authority may grant, extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(2)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection C(1)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(3)
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of entry of the judgment or determination of the Board of Adjustment; except, however, in the case of a use variance which also involves a subdivision or site plan, approval of the variance shall extend for the full period of preliminary approval, i.e. three years; and except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
D.
Issuance of building permits. No building permit shall be issued until final approval has been granted by the Planning Board and, in the case of a subdivision, until the final plat has been properly filed with the Passaic County Clerk within the time or extended time required by N.J.S.A. 40:55D-54. Proof of filing shall be submitted to the Planning Board Secretary prior to issuance of a building permit. The requirement of final approval by the Planning Board prior to the issuance of a building permit for the construction of a maximum of one home (or one building of attached residential units, as the case may be) which shall be the "model" for the development, may be approved. No certificate of occupancy will be issued for these homes until all improvements are constructed to the satisfaction of the Borough Engineer.
§ 540-45 Procedures for minor subdivision and site plan approval.
A.
Procedures for minor subdivision approval.
(2)
Submission details are set forth in the checklists adopted as part of this chapter (see schedule[1]).
[1]
Editor's Note: Application Checklists is included as an attachment to this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 540-44B(3), take action on the application as provided by law.
(4)
The Administrative Officer may submit a minor subdivision application to the Subdivision and Site Plan Committee for report and recommendation to the full Planning Board.
(5)
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39, 40 and 53. If improvements are required to be constructed as a condition of minor subdivision approval, the applicant shall complete all such improvements within one year from the date of approval of said minor subdivision. The applicant shall also post a performance guarantee in accordance with all requirements applicable thereto for a major subdivision.
(6)
After one lot is created by minor subdivision, any subsequent application for subdivision of said resulting lot or parcel shall be accepted only as a major subdivision.
(7)
Provided that the approved final plat of a minor subdivision has been filed with the county recording officer, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval.
(8)
Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[2] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
[2]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
B.
Procedures for minor site plan approval.
(2)
Submission details are set forth in the checklists adopted as part of this chapter (see schedule[3]).
[3]
Editor's Note: Application Checklists is included as an attachment to this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 540-44B(4), take action on the application as provided by law.
(4)
Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 39 and 53.
§ 540-46 Procedures for preliminary subdivision and site plan approval.
A.
Procedures for preliminary major subdivision approval.
(1)
Major subdivision is any subdivision of land that is not classified as a minor subdivision.
(2)
Submission details are set forth in the checklists adopted as part of this chapter (see schedule[1]).
[1]
Editor's Note: Application Checklists is included as an attachment to this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 540-44B(4), take action on the application as provided by law.
(4)
For all applications for preliminary approval of major subdivisions, the approving board shall hold a public hearing with public notice given pursuant to § 540-28. If, upon public hearing, preliminary approval is granted, the Board shall adopt a resolution with respect thereto, enumerating the plat thereby approved and establishing the terms and conditions of approval and specifying the conditions which must be satisfied prior to final approval. A copy of the resolution shall be attached to the preliminary plat, which shall be signed by the Chairperson and Secretary of the Board.
(5)
As a condition of approval, the approving authority may require the installation and maintenance of on-tract improvements, and the regulations may require a developer to pay his/her pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
B.
Procedures for preliminary major site plan approval.
(1)
Major site plan is any site plan that is not classified as a minor site plan.
(2)
Submission details are set forth in the checklists adopted as part of this chapter (see schedule[2]).
[2]
Editor's Note: Application Checklists is included as an attachment to this chapter.
(3)
Upon receipt of a completed application, the Board shall, within the time periods prescribed pursuant to § 540-44B(4), take action on the application as provided by law.
(4)
For all applications for preliminary approval of major site plans, the approving board shall hold a public hearing with public notice given pursuant to § 540-28. If, upon public hearing, preliminary approval is granted, the Board shall adopt a resolution with respect thereto, enumerating the plans thereby approved and establishing the terms and conditions of approval and specifying the conditions which must be satisfied prior to final approval. A copy of the resolution shall be attached to the preliminary plan, which shall be signed by the Chairman and Secretary of the Board.
(5)
As a condition of approval, the approving authority may require the installation and maintenance of on-tract improvements, and the regulations may require a developer to pay his/her pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.
§ 540-47 Submission of final subdivision plat.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval, the developer shall file with the Administrative Officer, at least 10 days prior to the meeting of the approving authority; the original tracing cloth or Mylar copies; 10 black-on-white paper prints of the plat; four completed copies of the application form and final plat checklist; the performance guarantee approved by the governing body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975;[1] and if common open space lot or lots are included in the application, a separate map showing the individual lot or lots that are to be designated as common open space, which map shall have shown thereon the data listed on the checklists adopted as part of this chapter (see schedule[2]).
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[2]
Editor's Note: Application Checklists is included as an attachment to this chapter.
(2)
Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairperson of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
(3)
The final plat shall be accompanied by a statement by the Borough Engineer that he/she is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he/she has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:
B.
Action by approving authority of final subdivision plat.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.[3] In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
[3]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant, as set forth in § 540-44B(3). An approved final plat shall be signed by the Chairperson and Secretary of the approving authority, or the Vice Chairperson or Assistant Secretary, in their absence, respectively.
(3)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such a period the plat shall have been duly filed by the developer with the County Recording Officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairperson and Secretary of the approving authority, or the Vice Chairperson or Assistant Secretary, in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairperson and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(4)
Provided that the approved final subdivision plat has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to the major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law,[4] whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
Upon final approval by the Planning Board and after all required signatures are placed on the original tracing, the Administrative Officer shall request the Borough Engineer to have one cloth print and Mylar reproducible and 10 copies each made of such final plat and file a copy thereof with each of the following: the Board Secretary, Administrative Officer, Board Engineer, Borough Clerk, Construction Code Officer, Tax Assessor, Board of Health, Shade Tree Commission, and any other agency or person directed by the approving authority.
§ 540-48 Submission of final site plan.
A.
Filing procedure.
(1)
The site plan and an application for final approval shall be submitted to the proper Administrative Officer with the required fee. If there have been no changes in the approved preliminary site plan, the same plan may be used in connection with the application for final approval and no further final plan shall be required for approval. Five white prints (blue or black on white) of the site plan shall accompany the application. Four completed copies of the application form and final plat checklist must be submitted along with the prints; the performance guarantee approved by the governing body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
Where utility services are to be extended to the development, the final site plan shall be accompanied by letters directed to the Chairperson of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
(3)
The final site plan shall be accompanied by a statement by the Borough Engineer that he/she is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he/she has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:
B.
Action by approving authority on final site plan.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant, as set forth in § 540-44B(3). An approved final plat shall be signed by the Chairperson and Secretary of the approving authority, or the Vice Chairperson or Assistant Secretary, in their absence, respectively.
(3)
The zoning requirements applicable to the preliminary approval first granted to a site plan and all other rights conferred upon the developer pursuant to the Municipal Land Use Law,[2] whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
Upon final approval by the approving board, a copy of the plat shall be filed with each of the following: the Board Secretary, Administrative Officer, Board Engineer, Borough Clerk, Construction Code Officer, Tax Assessor, and any other agency or person directed by the approving authority.
§ 540-49 Word usage.
In the construction of this chapter, the present tense shall include the future, the singular number shall include the plural, and the plural the singular. The word "shall" is always mandatory. The word "may" is permissive. The words "zone" and "district" are synonymous. The word "building" shall include the word "structure." The word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used." Any word or term not interpreted or defined by this section is to be given its standard or common meaning. Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term shall have the meaning in said statute.
§ 540-50 Definitions.
For purposes of this chapter, the following phrases and words shall have the meanings indicated:
A portable sign that consists of two hinged sign boards with information on each side designed to be placed on the ground or hung from the shoulders of an individual (synonymous with "sandwich board sign").
A building or structure occupied or devoted to an accessory use on the same lot with and subordinate to a principal building or structure. More particularly, but not by way of limitation, an accessory building or structure in a residential zone shall be construed to include detached private garages, private greenhouses, private sheds, gazebos, other private roofed structures; private swimming pools, and private sport courts. Accessory structures shall not be construed to include paving, at-grade patios or play equipment such as swing sets or playhouses.
A use normally incident and subordinate to the principal use upon the premises or lot.
The Land Use Administrator, unless otherwise stated or intended by this chapter.
See "age-restricted housing."
See "elder care center."
The absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan of such location, size, design, construction or condition which would provide for storm drainage, or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure, or property to remove the threat of such damage, as determined by or in the opinion of a licensed professional engineer or other qualified professional.
Design features including existing features on a property, creating, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as: a layout inconsistent with the zoning regulations; insufficient street location resulting in an unsafe or inefficient circulation system; inadequate utilities, such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
A sign which provides information, including but not limited to the name and address of the business or the commodity, service, entertainment or other activity being conducted, sold or offered, or utilized as a trademark.
Housing which is affordable to persons of low- and moderate-income based upon standards of income and affordability established by the regulations of the New Jersey State Council on Affordable Housing (COAH), or any agency that supersedes COAH, as amended from time to time.
A multifamily residential development wherein the units are restricted by deed or other instrument to occupancy by a person or persons in any one of the following categories: up to two individuals, both of whom are 55 years of age or older; a couple in a marriage, civil union or domestic partnership, either one of whom is 55 years of age or older; a couple having a permanent and stable relationship living together as a single housekeeping unit, either one of whom is 55 years of age or older; or a single person over age 20 but under age 55 who is living with any of the above when the presence of said person is essential to the physical care or economic support of either of the above.
A change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or part thereof or removal of a building from one location to another or a change in use.
A sign which includes action, motion or color changes, or the optical illusion of action, motion or color changes, including signs set in motion by movement of atmosphere, or made up of a series of sections that turn.
Any interior or exterior transmitting or receiving device mounted on a tower, building or structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals.
A structure, other than a telecommunications tower, which is attached to a building and on which one or more antennas are located.
An independent self-contained dwelling unit containing one or more rooms with private bath and kitchen facilities located in a multifamily dwelling building. (See also: "dwelling, multifamily.")
A developer or property owner submitting an application for development.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
The Planning Board or Board of Adjustment unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.[1] The term "board of adjustment" may be substituted when the ordinance states "planning board," in those instances where it is permitted by the Municipal Land Use Law.
A facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted-living services are available when needed, to four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
The open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
A public garage facility involving a building through which automobiles pass for the automatic or mechanical application of cleaner, wax, rinse water and drying. (See also: "garage, public.")
See "automotive service station."
[Amended 12-4-2024 by Ord. No. 2353-24]
The use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.
See "motor vehicle service station."
Shall mean any establishment servicing motor vehicles with fuel or electrical charging stations, but not including repairs, changing of tires, or any other replacement of essential or accessory parts. Automotive fueling stations may service automobiles with air pumps and by selling or adding oil, windshield washer fluid or similar fluids, but shall not provide any services which require bays or lifts, such as oil changes or lubrication of chassis.
[Added 12-4-2024 by Ord. No. 2353-24]
Shall mean any automotive fueling station which has on the same site a retail store offering for sale prepackaged food products and grocery items, hot and cold made-to-order drinks, freshly pre-prepared foods, including sandwiches, soups and salads, household items, tobacco products, newspapers and magazines, in-store ATM and lottery, and which includes outside facilities for dispensing motor fuels, gasoline, and diesel fuel as well as electrical charging stations for light trucks and passenger vehicles.
[Added 12-4-2024 by Ord. No. 2353-24]
Shall mean any establishment, which may or may not include the serving of gasoline or offering electrical charging stations, serving motor vehicles with vehicle maintenance not requiring extensive or prolonged mechanical work (for the purpose of this chapter, "extensive or prolonged mechanical work" shall mean work which requires a vehicle to be on the site for a period of more than 30 days) before completion. Service work offered shall be limited to oil changes; lubrication; tune-ups; minor engine or drivetrain repairs; installation of tires, batteries and accessories; wheel balancing and alignment; and the replacement of mechanical parts, such as hoses, spark plugs, ignition wiring, brakes, alternators, water pumps and similar parts not requiring extensive repairs. Repair facilities which provide repairs and service to any large trucks or equipment, such as semi-tractors or heavy grading equipment, shall not be considered automotive service stations. Repair facilities which provide automotive body of collision repairs shall not be considered automotive service stations.
[Added 12-4-2024 by Ord. No. 2353-24]
A roof-like cover that may be temporary or permanent in nature and projects from the wall of a building for the purposes of shielding a window or doorway or providing decorative or architectural detail. Unless otherwise specified in this chapter, permanent awnings that cannot be retracted shall be subject to the setback requirements of the district in which the building is located.
A sign that is painted on or attached to an awning.
An unroofed, cantilevered structure, the floor level of which is elevated above ground level more than four feet and either supported by, attached to or accessible from the principal building or structure, and which is a part of the principal building to which it is attached.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, or otherwise affixed to the structure or erected in any manner on the property.
An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.
See the State of New Jersey Flood Hazard Area Control Act Rules (N.J.A.C. 7:13).
That portion of a building which is partly below and partly above finished grade and having more than 1/2 its height above finished grade. (See also: "grade, finished," "story" and "cellar.")
Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
An off-premises sign displayed outdoors for the purpose of advertising, identifying, displaying, directing or attracting attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view. Also known as an "off-premises" or "outdoor advertising" sign. For the purposes of this chapter, the term "billboard" shall include the sign face and any element bounding the sign.
A strip of land containing natural materials, woodlands, earth mounds, and/or other planted vegetation for the purposes of making a physical or visual barrier. No building, structure or parking shall be permitted in this area.
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy by any person, animal or thing, and having a roof.
The percentage of a lot covered by all principal and accessory buildings, exclusive of open decks, patios and porches attached thereto. Cantilevers and overhangs shall not be included in the calculation of building coverage if they do not extend more than two feet from a building and are at least four feet above the grade directly adjacent to the projection. Bay and bow windows shall not be included in the calculation of building coverage if they are constructed no lower than two feet from the level of the finished floor of a residential structure and are no larger than 16 square feet.
The perimeter area within a lot formed by the minimum required front, rear and side yards. (See Figures 1 through 4 located in the Appendix of this chapter.)[2]
See "height of building."
The minimum required front yard setback line.
A permit which is granted by the Construction Code Officer for the construction, erection, alteration, extension or demolition of a building or structure.
See "principal building."
Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including, but not necessarily limited to, coverage, setbacks, height, floor area ratio, and yard requirements.
A place of business where professional or clerical duties are performed and which does not offer a product or merchandise for sale to the public on the premises. (See also: "professional office.")
A sign which directs attention to a business, profession or entertainment conducted upon the premises on which the sign is located, or to a commodity or service sold or offered for sale on the premises on which the sign is located.
See "home occupation."
A structure, either freestanding or attached to a building wall, having a horizontal or nearly horizontal top and bottom surfaces, the bottom surface of which is located at least 10 feet above the ground below and which is intended to serve as a covering over the ground below and the objects thereon.
A governmental acquisition of real property or major construction project.
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
An inlet designed to intercept and redirect surface waters.
That portion of a building which is partly or completely below finished grade and having more than 1/2 its height below finished grade. (See also: "grade, finished," "story" and "basement.")
A certificate which is issued by the Construction Code Officer signifying completion of a building, structure or other improvement in accordance with applicable laws and ordinances and permitting the occupancy or use of the building, structure or improvement for the stated purposes.
The use of the building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured or the like, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in occupancy or tenancy in the nonresidential zones.
A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (for example, time-and-temperature units), or manually through placement of letters or symbols on a panel mounted in or on a track system. (See also: "electronic message board.")
Any facility, by whatever name known, which is maintained for the care, development and supervision of six or more children under 13 years of age who attend the facility for less than 24 hours a day, and which is licensed as a child-care center by the Department of Human Services. This term shall not include any of those facilities or uses which are not included within the definition of "child-care centers" in the Manual of Requirements for Child Care Centers, State of New Jersey, Department of Human Services.
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
The use of a common personal wireless telecommunications facility (PWTF) or a common site by two or more wireless license holders or by one wireless license holder for more than one type of telecommunications technology and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.
Every type of vehicle used for commercial purposes, including but not limited to vehicles used to transport persons or property for compensation or used in the furtherance of and/or performance of a specific job or work function. This definition shall include any vehicle bearing advertisements or printed commercially related matter thereon. This term shall not include vehicles used for private or personal transportation.
Facilities for the common use of two or more dwelling units, including but not limited to roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.
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 for the use or enjoyment of residents and owners of the development.
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly, either as tenants by the entirety or as tenants in common.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. A communications antenna shall not include mobile cellular communications antennas or mobile cellular communications towers as otherwise regulated under this chapter.
The increase in soil bulk density.
The optional, initial development plan for subdivisions and/or site plans of sufficient accuracy and detail to be used for the purpose of informal review, evaluation and nonbinding comment by the Planning Board and meeting the requirements of this chapter.
A use permitted in a particular zone 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.
One or more buildings or structures and the land on which situated containing multiple residential dwelling units or multiple nonresidential uses characterized by a form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each.
Any equipment used in construction work, building or excavating, usually of substantial size, which is operated in conjunction with a commercial or industrial business, similar to but not normally registered as a vehicle (synonymous with "machinery").
A temporary on-premises sign identifying the ongoing construction activity during the time related to building or site improvements that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site and/or the builder, the architect, the engineer, and the planner involved with the project.
Every type of vehicle used in conjunction with construction work, building or excavating, including transportation or material, which is operated in conjunction with a commercial or industrial business.
The presence of any harmful or deleterious substances exceeding current federal and state maximum contaminant levels. The NJDEP residential cleanup standards shall apply to residential uses, and the nonresidential standards shall apply to nonresidential uses.
A retail establishment offering for sale a limited number of groceries and household items intended for the convenience of the surrounding neighborhood.
Development other than planned development.
One or more buildings or structures and the land on which situated containing multiple residential dwelling units or multiple nonresidential uses characterized by a form of multiple ownership real estate in which property units are owned by a nonprofit corporation or business trust, which grants occupancy rights to individual tenants. Property owners buy shares in the corporation representing their ownership of a property unit, and pay the corporation a share of real estate taxes, building maintenance, and other overhead expenses. Property transfers from the previous owner to a new owner are subject to approval by a tenant board.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
See "lot, corner."
An agency designated by the Passaic County Board of Chosen Freeholders to review municipal development plans impacting county facilities such as county roadways and stormwater management systems.
The need for additional wireless telecommunications capacity or service for state law purposes because of inadequate present capacity or service, dead spots, static and inability to place a call.
The turnaround at the end of a dead-end street.
The portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
See "spa."
Small areas within a wireless telecommunications service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.
A street or portion of a street which is accessible by a single means of ingress or egress.
An unroofed platform, either freestanding or attached to a building, that is supported by pillars or posts.
An appropriation of the giving of property to public use or to be used by a community agency or community association which precludes the owner, or others holding rights through the owner, from asserting any right of ownership inconsistent with the use for which the property is dedicated.
A dedication of land for construction, reconstruction, widening, repairing, maintaining, or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices, and utilities in or along road rights-of-way.
A legal document conveying ownership of real property.
See "restrictive covenant."
A standalone establishment where food is sold for consumption off-premises and no counters or tables for on-premises consumption of food are provided not contained within a larger grocery store or supermarket.
The permitted number of dwelling units per gross area of land to be developed.
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
An embankment and associated space for impoundment of water or, alternatively, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designated to temporarily retain stormwater runoff.
A detention basin or alternative structure designed to temporarily retain stormwater runoff.
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 structure; 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, by any person, for which permission is required pursuant to this chapter or under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A zoning ordinance, subdivision ordinance, site plan ordinance, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
Signs containing directional information whose purpose it is to regulate and control the flow of vehicular and pedestrian traffic, as well as signs containing directional information about public places owned or operated by federal, state, county or local governments or their agencies; publicly owned natural phenomena; historic, cultural, scientific, educational and religious sites; areas of natural beauty or naturally suited to outdoor recreation; and business establishments in a facility with multiple occupancies.
A single sign which may provide information in a list, roster or directory format of building tenants on the site.
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or State of New Jersey permit resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the State of New Jersey or into the waters or natural resources within the jurisdiction of the State of New Jersey. (See also: Chapter 432, Storm Sewers, Article I, Illicit Connections to Municipal Separate Storm Sewer System, § 432-2.)
A network of one or more antennas and fiber optic nodes typically mounted to streetlight poles, or utility structures, which provide access and signal transfer services to one or more third-party wireless service providers. DAS shall also include the equipment location, sometimes called a "hub" or "hotel," where the DAS network is interconnected with third-party wireless service providers to provide the signal transfer services. The term shall be construed to include supporting cables, wires, braces, masts or other appurtenances.
A window vertical in a roof or the roofed structure containing such window which does not increase floor area dimensions of the structure.
A single sign with items of information on both sides of the sign and mounted as a single structure.
The removal of surface water or groundwater from land by drains, grading or other means; 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 of alleviation of flooding.
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
The lands required for the installation or maintenance of stormwater sewers, brook enclosures, brook channel improvements 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. 58:1A-1 et seq. and including lands intended as flood control basins.
An improved or delineated area on a lot leading from a street to a parking or loading area in connection with a nonresidential use constructed in conformity with Article IX, Design Standards for Site Plans.
An improved or delineated area on a lot leading from a street to a garage or entrance to or exit from a building or structure or a parking area intended and designed for use by motor vehicles having a width not in excess of 18 feet.
A container used for the temporary storage of rubbish or recyclable materials pending collection.
Any permanent building or portion thereof designed or used exclusively as the residence of one or more persons, including but not limited to the following types of dwellings:
DWELLING, ONE-FAMILYA detached building designed for or intended to contain only one dwelling unit and having no party wall or walls in common with an adjacent building.
DWELLING, TWO-FAMILYA building designed for or intended to contain only two dwelling units arranged in a duplex (i.e., one above the other) or as semidetached units (i.e., side by side with a common wall between the two adjacent dwelling units). Each dwelling unit shall have a separate entrance.
DWELLING, MULTIFAMILYA building designed for or intended to contain three or more dwelling units located above, below or to the side of each other, and which may share common facilities, such as entryways, hallways and utility systems. This term may include apartments, condominiums and cooperatives.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. This term may include a building or structure in fee simple, condominium, cooperative or leasehold ownership.
One or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants.
A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
A facility or a distinct part of a facility which is licensed by the New Jersey Department of Health and Senior Services to provide preventive, diagnostic, therapeutic, and rehabilitative services under medical and nursing supervision to meet the needs of functionally impaired adult participants who are not related to the members of the governing authority by marriage, blood, or adoption. Elder-care centers provide services to participants for a period of time, which does not exceed 12 hours during any calendar day.
A sign whose alphabetic, graphic or symbolic information content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments either by means of preprogramming or by computer-driven electronic impulses.
An area or feature which is of significant environmental value, including, but not limited to, stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
The erection, construction, alteration or maintenance by public utilities, municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, including electrical substations, telephone dial centers, poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities, municipal or other governmental agencies for the public health, safety or general welfare. Essential services shall include firehouses, first aid and emergency aid squad, whether provided by a municipal or nonprofit agency, pumping stations, sewerage treatment facilities, standpipes and water storage tanks.
A deviation from or the waiver of an on-tract improvement requirement or a design standard as specified in Article IX in connection with an application for development and granted by the Planning Board pursuant to N.J.S.A. 40:55D-51.
The manufacturing from standardized parts of a distinct object differing from the individual component.
The exterior vertical surface of a building including ornamentation, windows, doors and overhangs. The term "principal facade" shall refer to the facade which faces upon the street right-of-way.
Two or more persons, having a permanent and stable relationship, occupying a dwelling unit as a bona fide single nonprofit housekeeping unit.
A private residence in which child-care services are provided to no less than three and no more than five children at any one time for no less than 15 hours per week, and which is registered as a family child-care home pursuant to the Family Day Care Provider Registration Act.[3]
The Federal Communications Commission.
A form of ownership of real estate where the owner or owners are entitled to the entire property with unconditional power of disposition during and which passes to heirs upon death, or to another designee pursuant to a will.
An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
The official action of the Planning Board taken on a preliminary 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 have been properly posted for their completion, or approval conditioned upon the posting of such guaranties.
The final map of all or a portion of the subdivision which is submitted for a final approval in accordance with this chapter and which, if approved, shall be filed with the proper county recording officer and which complies with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).[4]
The final site plan containing all changes required in the preliminary site plan approval.
A lot whose buildable area is separated from the street on which it fronts by a narrow stem and has its buildable portion located at the rear of the lot at the end of the stem.
A sign that is made of cloth, canvas, fabric or like material, mounted on a freestanding pole or other support, designed or intended to advertise, identify or attract attention to a business, organization, service or event on the premises upon which the flag is located.
See the State of New Jersey Flood Hazard Area Control Act Rules (N.J.A.C. 7:13).
The sum of the area of all floors of buildings or structures compared to the total area of the site. (See also: "floor area, gross.")
The total area of a building computed by measuring the horizontal dimensions of the outside walls of all enclosed portions of the building, including all interior balconies and mezzanines, but excluding attics, basements and cellars unless used or intended to be used for human habitation or service to the public.
The area of that portion of a building or structure designed, intended, heated and furnished for year-round human occupancy, measured on each floor from the inside surface of the exterior walls. This term shall not include areas which are unheated, inaccessible, and/or where the floor to ceiling height is five feet or less.
The total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use. Gross leasable area does not include mechanical rooms, internal stairs and storage areas on floors below grade and above the first floor. Gross leasable area does not include exterior sales and storage areas.
The plants characteristic of a region, period, or special environment and in particular as it relates to the Borough of Hawthorne and Passaic County.
A sign supported by structures or supports that are placed on or anchored in the ground and which are independent of any building or other structure. Unless otherwise limited or restricted, the term "freestanding sign" shall include monument signs, as defined herein.
See "wetland, freshwater."
A structure containing parking spaces for vehicles, where there is more than one floor or level on which parking spaces are provided (synonymous with "parking deck").
A detached accessory building or portion of the principal building used for the storage of motor vehicles of the occupants of the principal building. A carport, or any similar structure not completely enclosed, shall not be considered to be a "garage."
[5]A commercial establishment selling plants and garden products, seeds, fertilizer, tools and other related items primarily at retail to the public.
See "motor vehicle service station automotive fueling station."
[Amended 12-4-2024 by Ord. No. 2353-24]
A freestanding accessory structure with a roof but no walls.
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance or visibility.
The governing body of the Borough of Hawthorne.
The elevation of the surface of the earth or, where applicable, the average elevation of land around a building or structure as measured at the foundation. Also, the inclination of a sloping surface, usually expressed in percentage terms.
A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
Any stripping, culling, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.
A retail establishment which primarily sells food products for home preparation and consumption, which may also include other home care and personal care products, and carries a broader range of merchandise than convenience stores.
Synonymous with "density."
See "floor area, gross (GFA)."
See "floor area, leasable (GLA)."
Water contained in interconnected pores of a saturated zone in the ground, also known as "well water." A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric.
Enclosed floor space intended for living, sleeping, eating and cooking, but not including bathrooms, closets, halls, storage space or utility areas as defined by the International Building Code.
A sign designed to hang from a building canopy, awning, awning sign or a frame or other mechanical device attached to a building wall and oriented at a 90° angle from the plane of the building facade.
Any substance designated under 40 CFR pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 [Clean Water Act (Public Law 92-500; 33 U.S.C. § 1251 et seq.)], the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous waste pursuant to CFR Part 261, the Solid Waste Management Act, N.J.S.A. 13:1E et seq., or N.J.A.C. 7:26-8.
An establishment or part thereof providing facilities for physical exercise, whether individual activity or group session, including but not necessarily limited to gymnasiums, aerobic centers, exercise salons, dance studios, and any combination thereof.
The vertical distance measured from the average finished grade level, from the building or structure foundation, at twenty-foot intervals around the building or structure (and at all points opposite corners of the building or structure where the ten-foot lines intersect), to the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and to the average distance between the eaves and ridge level for gable, hip and gambrel roofs. If the building or structure wall is less than 40 feet in length, the measurement shall be taken at the midpoint of the wall. Where a retaining wall bisects the ten-foot dimension, an additional measurement shall be taken using the average height between the top and bottom of the retaining wall.
When referring to a tower or accessory structure thereto, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been designated in the Historic Preservation Plan Element of the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
Any use or occupation for gain conducted entirely within a dwelling unit by members of the household residing in the dwelling unit and up to one employee not residing in the dwelling unit. For purposes of this chapter, the term "home occupation" shall include the term "family child-care home."
One or more persons inhabiting a single dwelling unit as their permanent residence, regardless of relationship. A household may or may not be synonymous with "family." Residents of group quarters, such as college dormitories, military barracks, prisons, jails and nursing homes, shall not be considered households.
Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
The percentage of a lot covered by all impervious surfaces, including buildings, structures, pavement, and other land improvements, including swimming pools that are highly resistant to infiltration by water.
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
A detention facility designed to infiltrate retained water to the subsurface and which is not an injection well.
A sign which directs attention to a public, quasi-public or similar use, including but not limited to a religious building, library, public or private school, hospital or government-owned or operated building, structure or land.
A business devoted to the boarding, care or breeding of dogs and cats.
A natural or man-made body of water over two acres in size from which a stream may flow and which occurs in an isolated depression that is not part of a surface river or stream.
Any parcel of land or portion thereof, including improvements and fixtures on, above or below the surface.
Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
Plan prepared by a landscape professional that details shrubbery, lawn area, ground cover, rock formations, contours, flora and the planting of coniferous and/or deciduous trees native.
A freestanding steel framework tower.
An off-street space or berth on the same lot with a building or group of buildings it is designed to serve for the temporary parking of a commercial vehicle while loading or unloading.
A business trademark identified as an insignia, symbol or emblem.
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.
The area of a lot expressed in square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. In addition, any portion of a lot or lots dedicated to the Borough for future roadway use, or by easement, shall not be included in the calculation of the lot area.
A horizontal distance between the front and rear lot lines, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the furthest distance thereof or taken as the average of three measurements along the lot frontage, one taken at each corner and one taken at the midpoint, for irregularly shaped parcels.
The horizontal distance between the side lot lines, measured along the front lot line.
Any line, including the street line, forming a portion of the exterior boundary of a lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between side lot lines, measured parallel to the front lot line at the required front yard setback line.
A lot at the junction of and having frontage on two or more intersecting streets or abutting a single road at the point where the road tangents deflect by more than 45°.
Any lot other than a corner lot.
A parcel of land which extends through from one street to another, and which streets do not intersect at the property.
Housing affordable according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
Item of mechanical operation used in a specific work purpose in varying degrees of bulk (sometimes synonymous with "equipment").
Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
Any development that provides for the ultimate disturbance of one or more acres of land or a cumulative increase in impervious surface by 1/4 acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Projects undertaken by any government agency which otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Those discharges for which a NJPDES discharge to groundwater permit is required. Examples include but are not limited to discharges of sanitary wastewater from housing developments, schools, businesses, factories; discharges of industrial wastewater; illicit connections as defined in § 323-2; and some stormwater discharges. Sanitary landfills and hazardous waste facilities can also be considered potential major dischargers to groundwater. These discharges often use injection wells (including subsurface disposal systems serving facilities with an aggregate design flow in excess of 2,000 gallons/day); infiltration/percolation lagoons; spray irrigation; overland flow systems; surface impoundments; dredge spoils; and residual surface impoundments.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
Process involving the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.
See "canopy or marquee."
Any systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing myofascial movement, self-care and stress management as it relates to massage, bodywork and somatic therapies. Massage, bodywork and somatic therapy practices are designed to affect the energetic system of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
Any establishment where any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage" for compensation of any kind.
A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28), as amended.
The development plan of a single lot which is not otherwise exempt from site plan review, does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 540-39 and as otherwise regulated pursuant to § 540-33B(2)(a) and (b).
Any subdivision containing not more than two lots fronting on an existing accepted street or on a private street approved by the Planning Board or otherwise approved by the governing body for purposes of issuing building permits, not involving a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 540-45.
Housing affordable according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
Any freestanding sign that is attached to a proportionate base or plinth, integrated ground planter box, or structural frame other than a mast or pole(s).
[6]A building or premises used for the transfer of privately owned furniture, household goods and other materials in transit between a previous location and a final location and which may include facilities for the loading, unloading and temporary storage of such materials and for the temporary parking of trucks used in connection with such use.
The Planning Board, the Board of Adjustment of the Borough of Hawthorne, and any agency which is created by or responsible to the Borough when such agency is acting pursuant to this chapter.
Any city, borough, town, borough or village. For the purposes of this chapter, the phrase "the municipality" shall refer to the Borough of Hawthorne.
A sign which states the name and/or profession or address a person or persons residing on the premises or legally occupying the premises where the sign is located.
A building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A lot of record the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.
See "child-care center."
A facility licensed by the New Jersey Department of Health and Senior Services to provide health care under medical supervision and continuous nursing care for 24 or more consecutive hours to two or more patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.
A chemical element or compound, such as nitrogen or phosphorous, which is essential to and promotes the development of organisms.
See "billboard."
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 the closest half of the street or right-of-way abutting the property (of which the lot is a part).
An improvement which is not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way and includes any of the following:
All improvements of the types required for on-tract installation where the need for the providing of such improvements off-tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application.
Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application and the installation of which would confer a benefit upon the applicant's lands which are the subject of the application. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
Installation of new improvements and extensions and modifications of existing improvements.
See "parking, off-tract."
A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32 et seq.).
Located on the lot in question and excluding any abutting street or right-of-way.
Any improvement, the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
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 improvements that are designed to be incidental to the natural openness of the land.
See "billboard."
A dining area with waiter/waitress service, with seats and/or tables located outdoors of a restaurant on the same premises and which is:
The keeping, outside the confines of a building, of goods, supplies, equipment, materials and merchandise of any kind intended for use or sale on the premises.
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop the same under this chapter.
A street that has never been built, but is shown on an approved plan, subdivision plat, tax maps, or official map.
An open area, other than a street or other public way, used for the parking of motor vehicles and available for public use, whether for a fee or as a service or privilege for clients, customers, suppliers or residents. A parking area shall include access drives and aisles and loading areas.
See "garage, parking."
See "garage, parking."
A space denoted by painted lines for the off-street parking of a motor vehicle exclusive of access drives and aisles.
An arrangement approved pursuant to an application whereby an existing parking area on one lot is used to satisfy the parking obligation on another lot.
An arrangement approved pursuant to an application whereby parking facilities are shared by occupants of two or more premises.
A level, landscaped, and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.
Any security, which may be accepted by the Borough in lieu of a requirement that certain improvements be made before the approving authority grants final approval of a subdivision plat, site plan or zoning variance, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
A set of criteria or limits relating to certain characteristics that a particular use or process shall satisfy or not exceed.
Any individual, corporation, company, partnership, firm, association, the Borough of Hawthorne, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A building or part thereof in which or from which a service is rendered directly to the ultimate consumer, including, but not limited to, dry cleaners, barber and beauty shops, nail salons, shoe repair shops, photographic studios, on-premises repair of small household appliances, and instructional classes for dance, martial art, music, ceramics and similar activities.
Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage, sheds, storage buildings, and security fencing.
Facilities for the provision of wireless communications services, including but not limited to antennas, antenna support structures, telecommunications towers, and related facilities other than personal wireless telecommunications equipment facilities (PWTEFs).
A building wherein persons regularly assemble for religious worship, which is used for such purposes and those necessary activities as are customarily associated therewith, and for which the use qualifies for tax exemption as a nonprofit religious institution.
Structural landscaped reservoirs used to collect, filter, and infiltrate stormwater, allowing pollutants to settle and filter out as the water percolates through the vegetation, growing medium, and gravel.
The map or maps of a subdivision.
An accessory building or structure intended solely for recreational use by children. Playhouses shall not have electricity or plumbing and shall be clearly incidental to the residential use on the premises.
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
A natural or man-made body of water, excluding man-made irrigation water bodies, ranging in size from 1/2 acre to two acres, from which a stream may flow and which occurs in an isolated depression that is not part of a surface river or stream.
A roofed, open area, which may be screened, attached to or part of a building, and with direct access to or from it.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business for transport.
Any tower or antenna which has a construction permit or land use approval prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such construction permit or land use approval is current and not expired, and including any tower or antenna on property owned, leased or otherwise controlled by the Borough of Hawthorne.
The conferral of certain rights pursuant to Sections 34, 36 and 37 P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in schematic form its scope, scale and relationship to its site and immediate environs, and submitted as part of an application for preliminary site plan approval.
The preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Planning Board or Board of Adjustment for consideration and preliminary approval.
A structure arranged, adapted or designed for the predominant or primary use of the premises.
The primary or predominant use of the premises.
See "garage, private."
See "swimming pool, private."
The place of business of a physician, dentist, attorney, accountant, engineer, architect, professional planner, insurance agent, real estate agent or other member of a generally recognized profession maintained for the conduct of that profession and offering no product or merchandise for sale to the public on the premises.
See "garage, public."
Buildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
Any sign indicating the availability for sale, for rent or for lease of a lot or building upon which it is erected or displayed.
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as a temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
A facility, which is attached to another long-term care facility licensed by the Department of Health and Senior Services, that provides food, shelter, supervised health care and related services, in a homelike setting, to four or more persons 18 years of age or older who are unrelated to the owner or administrator.
A facility in which food is prepared and served for consumption on the premises to patrons seated at tables, booths and counters inside the building by waiters and/or waitresses.
Any facility or part thereof the primary, normal and usual function of which is the sale of food and beverages prepared for immediate consumption and packaged or wrapped in paper or other disposable containers for sale over the counter or at a drive-up window to customers for consumption within the building or off and away from the premises.
A restriction on the use of land usually set forth in the deed.
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and 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.
See "store, retail."
See "wall, retaining."
A pond, pool, or basin used for the permanent storage of water runoff.
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade tree, or for another special use. A right-of-way is generally the right of one to pass over the property of another.
A sign constructed or supported upon the roof of any building or structure.
See "A-frame sign."
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite, or similar electronic signals.
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
A building or group of buildings containing separate spaces or compartments for dead storage of goods, wares and equipment and leased or rented on an individual basis.
A person at least 62 years of age, or the spouse of that person, or the surviving spouse of that person, if the surviving spouse is 55 years of age or older.
A building or buildings containing one or more dwelling units restricted by deed or other instrument to occupancy of each dwelling unit by a person or persons in any one of the following categories: up to two individuals, both of whom are 62 years of age or older or a couple in a marriage, civil union or domestic partnership, either one of whom is 62 years of age or older, or persons who are handicapped/disabled.
Retail establishments that primarily render services rather than goods.
The shortest straight line distance between a building or structure and the nearest property line.
See "parking, shared."
An unheated building, whether on a permanent or temporary foundation, designed and intended for storage of items smaller in size than an automobile, and accessory to the permitted use on the premises, but not for storage of an automobile.
See "store, retail."
An improved pedestrian surface that is typically located adjacent to a roadway.
An outdoor dining area located in a public sidewalk or right-of-way that is associated with a restaurant, on the same parcel.
A triangular area outside of the street right-of-way at the quadrants of two intersecting streets (or one street where the road tangents deflect more than 45%) and streets with driveways for the purpose of maintaining unobstructed visibility along the intersecting street.
Any composition of text, symbols, insignia, illustration, graphics and/or combination thereof used to convey a message or to promote or advertise a product or service or the interest of any person, group of persons, company, business or organization when the same is placed, erected, fastened, formed, suspended, attached, painted, printed, floated, incised or cast into where it may be viewed from outside a building or from off the premises on which it is located.
The product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. If the letter, illustration, display or background is attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater.
A document containing the theme, style and design of the signage located in a multitenant building.
See "freestanding sign."
See "illuminated sign."
See "wall sign."
See "window sign."
The lot or lots upon which development is to occur or has occurred.
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; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
All unconsolidated mineral and organic material of any origin.
A device that directly converts sunlight into electricity using photovoltaics (PV).
A commercial establishment providing facilities devoted to especially health, fitness, weight loss, beauty and relaxation which employs professional, licensed therapists whose services shall include a combination of massage and body or facial treatments. Spa treatments may include but necessarily be limited to body massage, body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, nonsurgical face lifts, electrical toning and electrolysis. Additional services may also include hydrotherapy, steam and sauna facilities, nutrition, weight management, exercise facilities and instruction. Full-service hair salons, makeup consultation and application and manicure and pedicure services may be provided as additional services. Cuisine in connection with spa treatments may be offered to clientele, but no spa shall maintain a restaurant that is generally open to the public.
Signs used in connection with special events or activities, including, but not limited to, charitable events and holiday events. A special event sign shall not include real estate signs, garage/yard sale signs or other types of accessory signs.
A written document that describes measures to be taken to prevent, contain and clean up oil spills or other regulated wastes prior to discharge to surface or ground waters.
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
Defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
Man-made trees, clock towers, bell steeples, silos, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers so as to blend in with the surrounding property characteristics, by using site appropriate color for the site.
Land areas where the slope exceeds 15%.
A building or part thereof in which or from which merchandise is sold at retail directly to the ultimate consumer.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers resulting from precipitation.
That part of a building between any floor and the floor above or, in its absence, the ceiling or roof above. A story in which persons live, sleep, work or congregate, the ceiling of which is more than three feet above the street level taken at the center of the street facade, shall be counted as that fraction of a story which its height above such street level bears to the height of the story. A story which extends less than three feet above such street level shall not be counted in determining the number of stories unless more than half of the distance between the floor and the ceiling of such story is above the grade of lot at the outside of such building; provided, however, that when a building is located on a lot with irregular terrain with a slope ratio from the highest finished grade at an outside wall of the building to the lowest finished grade at an outside wall of the building of three to one or steeper, the measurement of the first story shall be taken from the average grade of the highest and lowest grades at the outside walls of such building instead of the curb level as described above. Any story under the pitched roof at the top of a building, the floor of which is not more than two feet above the plate, shall be counted as a half story when not more than 60% of said floor area is used for rooms, bath or toilet; otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.
Any water body, either natural or man-made, of constantly or intermittently flowing water, whether designated as a stream, brook, river or otherwise, and consisting of a bed, banks and watercourses.
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.
The edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map, or as required by this chapter, forming the dividing line between the street and the lot. Where title to land extends into or to the center of a street, the right-of-way line shall nevertheless be deemed to be the street line.
See "dead-end street."
See "paper street."
A street that has not been accepted by the municipality or other governmental entity.
Any combination of materials forming any construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. The term "structure" shall include, among other things, buildings, walls, fences, display stands, platforms, pools, flagpoles, tanks and towers of any kind.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself/herself or for another.
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 term "subdivision" shall also include the term "re-subdivision." 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 Chairperson to be for agricultural purposes, where all resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Division 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 of land, owned by the same person or persons and all of which are found and certified by the Borough Clerk 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 of the Borough.
Long, narrow, gently sloping landscaped depression that collect and convey stormwater runoff.
A private swimming pool or tank, artificially constructed, installed or maintained upon any premises, as the term swimming pool is defined by the International Building Code, Chapter 31, Section 3109. All private swimming pools shall be subject to the terms and conditions of those respective codes. A private swimming pool or tank, artificially constructed, installed or maintained upon any premises by any person for his own or his family's use or for the use of his guests or invitees, and shall also mean and include a wading pool or tank, artificially constructed or installed, not designed or used for swimming with an area of more than 120 square feet and/or a water depth of more than 18 inches.
See "bar; tavern."
A sign which is intended to advertise community or civic projects, real estate for sale or lease, grand openings, sales, or other special events on a temporary basis.
A portable containerized property storage facility or unit intended to be temporarily utilized upon the exterior premises for the purpose of storing all types of items either for temporary storage on-site due to construction or facilitate movement of such property to commercial storage facilities.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure of the tower along with any support thereto.
An integrated plan of townhouse dwelling structures and common properties and/or facilities.
See "dwelling, townhouse."
One or more lots comprising the property which is the subject of a development application. Existing streets shall not be included in calculating the area of the tract.
A wheel-based vehicle designed to be transported by traction and which is intended to be used for purposes of hauling goods, objects or materials of any kind.
The specific purpose for which land or a building, structure or facility is designed, arranged or intended, or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of a zoning regulation pursuant to this chapter.
Permission granted by formal action of the approving authority or a Borough of the approving authority to whom such power has been delegated, to depart from the requirements of this chapter with respect to the submission of required documents.
All flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall. Signs painted on an exterior or a wall shall be deemed to be "wall signs" subject to this chapter.
An exterior, solid, upright structure which is self-supported on the ground directly below it on a foundation, and having a length much greater than its thickness, and intended to enclose, protect, divide or screen a space.
An exterior, solid, structure supporting structure having a higher ground level on one side than the other and designed and intended to create a vertical or near vertical change in grade for the purpose of retaining earth.
A building in which goods, supplies, equipment, materials and merchandise are stored, where no physical change in such articles takes place and where such articles are not otherwise used on the premises, such as in storage areas when part of a retail establishment or manufacturing plant.
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
A retention basin designated to retain some water on a permanent basis.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; as designated by the Department of Environmental Protection pursuant to the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9A-1 et seq.
A business establishment for the sale and distribution of merchandise to retailers or wholesalers rather than to consumers.
A sign internally or externally affixed on a window or glass door or located inside the window which is designed or intended to be visible from the exterior of the building.
Any personal wireless services as defined in the Telecommunications Act of 1996 (the "TCA"), which includes FCC licensed commercial wireless telecommunications services, specialized mobile radio, enhanced specialized mobile radio, paging and similar services that exist or that may be developed in the future.
FRONT YARDAn open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the principal building on the lot.
SIDE YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest point of the principal building on the lot.
REAR YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal building on the lot.
The administrative officer designated to administer this chapter (see Article V of this chapter) and issue zoning permits.
A document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of this chapter (see Article V of this chapter) or variance therefrom, or is a nonconforming use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Said figures are on file in the Borough offices.
[3]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
[4]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
[5]
Editor's Note: The former definition of "garage, public," which immediately followed, was repealed 12-4-2024 by Ord. No. 2353-24.
[6]
Editor's Note: The former definition of "motor vehicle service station," which immediately followed, was repealed 12-4-2024 by Ord. No. 2353-24.