Highland Park City Zoning Code
PART 1
General and Administrative Provisions
§ 230-1 Title.
This chapter shall be known and cited as the "1989 Land Development Ordinance of the Borough of Highland Park, New Jersey."
§ 230-2 Intent and purpose.
There is hereby ordained by the Mayor and Council of the Borough of Highland Park, New Jersey, pursuant to the provisions of P.L. 1975, c. 291, as amended (N.J.S.A. 40:55D-1 et seq.), a land development ordinance for the following purposes:
A.
To encourage municipal action to guide the appropriate use or development of all lands in this Borough in a manner which will promote the public health, safety, morals, and general welfare;
B.
To secure safety from fire, flood, panic and other natural and man-made disasters;
C.
To provide adequate light, air, and open space;
D.
To limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of the use of land for trade, industry, residence, open space, or other purposes;
E.
To regulate the bulk, height, number of stories, and size of buildings and other structures;
F.
To ensure that the development of this municipality does not conflict with the development and general welfare of neighboring municipalities, Middlesex County, and the state as a whole;
G.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
H.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
I.
To provide sufficient space and in appropriate locations for the variety of residential, recreational, commercial, business and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all Highland Park residents;
J.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
K.
To promote desirable visual environment through creative development techniques and good civic design and arrangements;
L.
To promote the conservation of open space, historic sites, energy resources, and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
M.
To encourage planned unit development which incorporates the best features of design and relates the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
N.
To encourage senior citizen community housing construction; and
O.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
§ 230-3 Definitions.
[Amended by Ord. No. 1257; Ord. No. 1292; Ord. No. 1304; Ord. No. 1441; Ord. No. 1569; Ord. No. 1588; Ord. No. 1633]
As used in this chapter, the following terms shall have the meanings indicated:
An accessory building or use which:
Is subordinate to and serves an ancillary purpose to a principal building or principal use;
Is subordinate in area, extent, or purpose to the principal building or principal use served;
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
Is located on the same zoning lot as the principal building or principal use served.
May have a sink, electrical service, heat and/or air conditioning, but does not contain a bathroom, toilet, kitchen or cooking device.
[Added 10-20-2020 by Ord. No. 20-2014]
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other films, tapes, periodicals, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities.
To change the appearance of exterior elements of a structure or to change the material used. A change in the exterior color of a structure shall be considered an alteration within the terms of this definition only with respect to properties with historic preservation potential and only if the change in color entails the application of paint to a surface which has not been painted before. Ordinary maintenance shall not be considered an alteration within this definition.
A change or rearrangement in the structural parts or existing facilities, or an enlargement whether by extension of any side or by increasing in height, or a change in use from that of one use classification to another, any conversion of a building, or a part thereof, or removal of a building from one location or position to another.
The application form and all accompanying documents required by ordinance for submission for review of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or Section 27 (N.J.S.A. 40:55D-36) of the Act.
The Planning Board or Zoning Board of Adjustment when acting pursuant to the authority of the Municipal Land Use Law.
Nonresidential work studio where artists (such as painter, sculptor, photographer, craftsperson, but not limited thereto) may create and sell their own work.
Nonresidential space for artistic instruction (such as for painting, sculpting, photography and crafts, but not limited thereto) for a specified number of students that can be safely accommodated based on all applicable building and fire codes.
That part of a building which is immediately below and wholly or partly within the roof framing. See "story, half."
Any area of land, including structures thereon, that is used or designed to be used for the retail sale of gasoline or oil or other fuel directly to motor vehicles from a pump located outside a building, including the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning, repairing or otherwise cleaning or servicing such motor vehicles.
Establishments primarily engaged in furnishing automotive repair, rental, leasing and/or parking services to the general public.
The use of land for the purpose of display and storage of automobiles for sale to the general public. Such use shall not include storage of vehicles for hire, demo, or for towed or damaged or abandoned vehicles or auction sales.
The land area immediately adjacent to the bed of the stream which is essential in maintaining the integrity thereof.
That portion of the building which is partly below and partly above grade and having 1/2 or more of its height above grade, the floor of which is not more than three feet below ground level.
A regularly repeated unit on a building elevation defined by columns, pilasters or other vertical elements, or defined by a given number of windows or openings.
The maximum area covered by waters of the stream for not less than 15 consecutive days.
A projecting horizontal band on an exterior wall marking the separation between floors or levels.
An exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane.
The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.
[Added 10-5-2010 by Ord. No. 10-1794; amended 8-2-2022 by Ord. No. 22-2055]
Any building, together with any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel or motel or established guesthouse wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only; any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1); any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2); any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students.
An area in which no building, parking area, driveway (except to provide access to property), street, sign (except traffic directional sign), or storage of materials shall be permitted and which shall consist of a dense and continuous landscaped screening area, planted and maintained containing fences, massed trees and shrubs of such species and size as will produce a sufficient density to obscure or confine throughout all seasons automobile headlight glare, site noise, windblown debris and other typical and frequent nuisance problems, as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function, or structure located upon the site.
Any structure built or used for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind which is permanently or temporarily affixed to the land and having a roof supported by columns, piers, or walls, or having other supports and any unroofed platform, terrace, or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces, or steps having a vertical face of less than three feet above the level of the ground from which the height of the building is measured.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof; and to the average height between the plat and ridge of a gable, hip, or gambrel roof, including chimneys and other similar features.
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane shall coincide with the most projected surface. All yard requirements are measured to the building line.
A building or use in which is conducted the main or principal use of the lot on which said building is situated.
The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings.
The term used to describe the size and mutual relationships of buildings and other structures and includes:
The size of buildings and other structures;
The shape of buildings and other structures;
The location of exterior walls of buildings and other structures in relation to lot lines, to the center line of streets, to other walls of the same building and to other buildings or structures; and
All open spaces relating to a building or structure.
A retaining wall created along a body of water behind which fill is placed.
A room or group of rooms used primarily for conducting the affairs or purpose of profit or improvement of an occupation, nonprofessional, service or nontradesman activity on a fee or contract basis.
The diameter of a tree trunk measured in inches and measured 24 inches above ground level for all trees.
The section of a street, road or highway or right-of-way located between the curblines which is normally used by vehicular-type traffic, commonly known as the paved areas of the street.
That portion of a building which is partly or completely below grade and having at least 1/2 its height below grade.
A certificate issued by the Building and/or Zoning Inspector upon completion of the construction of a new building or upon a change in the use of the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted, and all other applicable requirements have been complied with.
An alteration in a building heretofore existing to a new use group which is subject to other requirements of this chapter or other special provisions of law governing building construction, equipment or means of egress as established within the Uniform Construction Code of the municipality.
A private establishment enrolling four or more children and where tuition, fees, or other forms of compensation for the care of children is charged, whether or not licensed or approved to operate as a child-care center by the New Jersey Division of Youth and Family Services (NJDYFS).
A structure, building or group of buildings, including customary accessory structures such as auditoriums used, designed or intended for public worship. The word "church" shall include any place where persons regularly assemble for worship, i.e., chapels, churches, congregations, cathedrals, synagogues, temples, and other places where regular religious services are conducted, as well as parish houses, convents, religious school facilities and structures, and other accessory uses, including uses and structures for religious and sectarian education.
See "residential cluster."
A vertical pillar or shaft, usually structural.
An open space area, exclusive of required setback areas, 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 and enjoyment of residents and owners of the development.
An application form completed as specified by ordinance and the rules and regulations of the reviewing board and all accompanying documents required by ordinance for approval of the application for development. An application shall be certified as complete upon the meeting of all requirements specified in the chapter and in the rules and regulations of the reviewing board, and shall be deemed complete as of the day it is so certified for purpose of the commencement of the time period for action by the Planning Board or Board of Adjustment.
A use permitted in a particular zoning 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 the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board or, where required by N.J.S.A. 40:55D-70, by the Board of Adjustment.
Ownership of real property combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances.
That person designated by salary guide title in the municipality pursuant to the Uniform Construction Code of the State of New Jersey.
The character of the buildings, streetscape and neighborhood which surround a given building or site.
That person designated by salary guide title to accept and agendize incoming applications and amendments and revisions thereto.
A change in the use of land or structure.
A lot at the junction of and fronting on two or more intersecting streets. Front yard setback requirements shall be provided for all street frontages of a corner lot.
The top part of an entablature, usually molded and projecting.
A small roof tower, usually rising from the roof ridge.
The permanently established grade of the curb top in front of a lot.
A light, nonstructural outer wall of a building, in the form of a metal grid with infill panels of glass and other materials.
Calendar days.
When applied to an action affecting a property with historic preservation potential, an action of such a minimum nature that:
To partially or completely take down a structure.
The number of dwelling units provided by the total land area of the lot or lots comprising the tract of land for which the development application is made.
The number of dwelling units which may be developed or that portion of the tract exclusive of public street right-of-way, floodway, delineated wetlands, conservation/preservation areas, open space areas, streams or water bodies, existing public utility easements, and such other areas which may not be developed.
Any owner of a structure within or without the Borough may apply to the Code Enforcement Officer for designation of that structure as a preservation structure as provided herein. In making such determination, the Code Enforcement Officer shall consult the Historic Preservation Commission or a designated committee, as determined by the governing body, which shall make its recommendation in writing.
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 lease, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and/or any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required, pursuant to the New Jersey Municipal Land Use Law.
The combination of building height and width, together with the placement of fenestration, structural elements and architectural details, may convey a predominantly horizontal or a predominantly vertical directional emphasis to a building's facade.
An establishment where patrons dance to recorded music and may also feature go-go dancers.
The removal of surface water or groundwater from land by drains, grading or other means, and includes control to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
A building or portion thereof which encourages or permits customers to conduct personal financial transactions while remaining in their motor vehicles.
A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where a portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site, or is designed for the transferal of food and/or beverages without leaving the vehicle.
A building designed or used exclusively as the living quarters for one or more families.
One dwelling unit in a line of two or more structurally joined dwelling units, with each dwelling unit having individual access, with open space in front and rear.
A building surrounded by open space on the same zoning lot and being the only principal building occupying that zoning lot.
A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
Any building with a common passageway consisting of more than five stories or more than 60 feet in height, in which building there are one or more suites of rooms on each floor.
Any building with a common passageway which is three to five stories or 35 feet to 60 feet in height, in which building there are one or more suites of rooms on each floor.
A building designed for or occupied exclusively by three or more families or households living independently of each other.
A variation of the traditional one-story ranch house designed to fit on a narrow lot, with an angled or altered architectural form, with the elimination of side and/or front yards, with private spaces fenced, usually on a square or reduced-size lot, with parking usually occurring within the unit in a garage.
A dwelling consisting of a building containing one dwelling unit only and not occupied or designed for occupancy by more than one family.
An attached dwelling unit arrangement with an exterior townhouse appearance where one dwelling unit or a part of one dwelling unit is below or above another dwelling unit, with each dwelling unit having an entrance on the ground floor.
[Added 10-2-2012 by Ord. No. 12-1840]
One of a series of contiguous single-family dwelling units designed for conveyance either as a condominium or as a planned development, in which each unit has its own front and rear access to the outside, and each dwelling unit is separated from another by one or more common fire-resistant walls, and wherein each dwelling unit shall have separate individual utility systems, and with private rear yard areas.
A building for or occupied exclusively by two families or households living independently of each other.
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
The exterior facade of a structure or its head-on view or representation.
Areas which include, but are not limited to, stream corridors and floodplains, streams, bodies of water, wetlands (as defined by NJDEP), slopes greater than 10%, shallow depth to bedrock (less than two feet), highly acid or erodible soils (as defined by the NRCS), mature stands of trees, aquifer recharge areas, aquifer discharge areas, unique natural features and wildlife habitats, or such areas as may be so designated by federal or state agencies of jurisdiction.
To build, construct, attach, alter, relocate or affix and includes the painting of signs or displays on the exterior surface of a building.
The detachment and movement of soil or rock fragments by water, wind, ice, gravity, whether naturally or humanly induced.
A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
An exterior wall of a building exposed to public view.
A projecting flat horizontal member of molding; also part of a classical entablature.
An artificially constructed barrier erected for the enclosure of yard areas.
Window and other openings on a building facade.
The official action of the respective 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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
The final map of all or a portion of the subdivision which is presented to the respective board for final approval in accordance with these regulations, and which if approved shall be filed with the proper county recording office.
Any assistance permitted or required by the state to be furnished by an owner or operator to a resident in the management of personal financial matters, including, but not limited to, the cashing of checks, holding of personal funds for safekeeping in any manner, or assistance in the purchase of goods or services with a resident's personal funds.
A lot, the majority of whose width is not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way.
That portion of the floodplain outside of the floodway or stream encroachment lines.
The channel and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the regulatory flood.
The sum of the gross horizontal areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. The floor area of a building or buildings shall include but not be limited to the following:
Floor space use for heating, ventilating and air-conditioning equipment with structural headroom of seven feet, six inches or more.
Attic space and basement space where a floor has actually been laid, providing structural headroom of seven feet, six inches or more.
Interior balconies and mezzanines.
Enclosed porches.
However, the floor area of a building shall not include:
Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
Elevator shafts and stairwells, accessory water tanks and cooling towers.
Floor space used for heating, ventilating and air-conditioning equipment with structural headroom of less than seven feet, six inches.
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches.
Uncovered steps.
Terraces, breezeways and open porches.
Accessory off-street parking spaces.
The total of all floor areas of a building, excluding HVAC equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for any human habitation or any service to the public.
The total of all floor areas of the building or buildings of that zoning lot divided by the area of that zoning lot, all in square feet.
See "visual termination."
A group of people formally organized for a common interest, usually cultural, service, religious or entertainment, with regular meetings, rituals and formal written membership requirements.
The part of the end wall of a building between the eaves and a pitched or gambrel roof.
A building or space used as an accessory to the principal use which provides for a permitted accessory use, including the storage of motor vehicles and/or a home occupation.
[Amended 10-20-2020 by Ord. No. 20-2014]
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including but not limited to the sale of fuels, or accessories, or the hiring of same.
A building or series of buildings under single ownership, with common yards, open spaces, recreation area, garages and parking areas, not more than three stories in height, containing two or more suites of rooms on each floor equipped for separate housekeeping, with a maximum of eight dwelling units per acre; a maximum plot coverage or site coverage of primary and accessory uses, including parking, of 60%; and a maximum height of building of 35 feet. The garden apartment development shall be on a landscaped site designed and erected as an integrated development with singleness of use and operation and which site contains such common facilities as pedestrian walks, open spaces and developed recreation areas in accord with minimum standards stated in this chapter, off-street parking and/or garage facilities consistent with ordinance requirements, complete utility system and free two-way access provided by two or more connections to peripheral public roads.
A principal point of entrance into a district or neighborhood.
A building located at a gateway and which dramatically marks this entrance or transition through massing, extended height, use of arches or colonnades or other distinguishing features.
Shall have the same meaning as that contained in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The completed elevation of surfaces of lawns, walks and pavement as shown on official plans or designs.
The area of all floors of a building measured at the exterior of the walls thereof, excluding cellars, closets, porches, patios, terraces, carports, breezeways, verandas and garages and any other unheated area.
A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity, physical condition, or mental condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other homes for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.
The process of identifying, evaluating, managing, conserving, maintaining and, when necessary, rehabilitating, stabilizing, restoring and reconstructing historic properties so that they are protected for the use of future generations.
Any activity carried out for gain by a resident, conducted as an accessory use entirely within the resident’s dwelling, a private garage or an accessory structure without any exterior signage or visible display related to the home occupation. A home occupation is limited to two residents who reside on the premises and no employee, tenant or other person may work from the premises except for students attending academic, artistic, musical or religious instruction or tutoring or coaching sessions.
[Amended 10-20-2020 by Ord. No. 20-2014]
A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
See "belt course."
An establishment offering to the general public transient lodging accommodations, including one bathroom to each room, but not including cooking facilities, and which may provide additional services, such as restaurants, meeting rooms, and recreational facilities.
One or more persons who live together in one dwelling unit on a nonseasonal basis and who share living, sleeping, cooking and sanitary facilities on a nonprofit basis, and who intend to be considered and who in fact consider themselves as a bona fide family. Nothing herein shall permit any housekeeping unit to exceed or violate any lawful limits on the number of persons permitted to reside in a particular dwelling.
The relationship between the dimensions of a building, structure, street, open space, or streetscape element and the average dimensions of the human body.
A ratio between the area which is improved and overlain by structures and/or materials which results in the reduction and/or prevention of absorption of water into the ground and the lot area, expressed in terms of a percentage of the total area.
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
An area or structure used for the collecting, storage, buying, trading or abandonment of any refuse and/or discarded material, or the auctioning, dismantling, demolition, salvaging, cannibalizing, abandonment or processing of structures, automobiles, or other vehicle equipment and machinery or parts thereof; with the deposit of domestic, commercial, industrial or sanitary waste or garbage excluded.
A structure or rooms equipped for conducting properly certified scientific experiments, analysis, examinations, research, testing and/or other experimental technical work, provided that all activities and equipment are housed within the principal structure(s) and that no hazardous, noxious or offensive conditions or noise are generated outside the principal structure(s).
[Amended 11-9-2021 by Ord. No. 21-2036]
A line of communication, such as a pathway, arcade, bridge, alley, etc., linking two areas or neighborhoods which are either distinct or separated by a physical feature (i.e., a railroad line) or a natural feature (i.e., a river).
A horizontal beam over an opening in a masonry wall, either structural or decorative.
A designated parcel, tract or area of land, including the total area within the lot lines of a tract of land excluding any street rights-of-way.
The total horizontal area of a parcel of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.
A ratio between the building area and lot area expressed in terms of a percentage of the total lot area.
The average distance from the front lot line to the rear lot line. For lots where front and rear lines are not parallel, lot depth shall be measured by drawing lines at twenty-foot intervals from the front to the rear lot lines, at right angles to the front lot line, and averaging the length of these lines.
The portion nearest the street or coexistent with a street right-of-way line and being the portion of the lot to be used as the front yard requirement on corner lots and through lots; all lot sides of a lot adjacent to streets shall be considered frontage, and yard setback requirements shall be provided as indicated under "yards" in this section. In odd-shaped or triangular-shaped lots or lots fronting upon a cul-de-sac, the length of frontage may be considered to be 2/3 of the required lot width provided at the street right-of-way line.
Any lot line sharing commonality and coexistent with a street right-of-way line. All lot lines coincident with street right-of-way lines shall be considered front lot lines.
Any lot line, other than a street line, which is parallel to the front line or within 45° of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot which constitute the rear lot line of an adjacent zoning lot.
Any lot line which is not a front lot line or a rear lot line.
The horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured parallel or nearly so to the front and rear lines so determined and across the rear of the required front yard; provided, however, in the case of lots on the turning circle of cul-de-sac or odd-shaped lots, that width between side lot lines at their foremost points (where they intersect with the street right-of-way line) shall not be less than 2/3 of the required lot width.
Any security which may be deemed acceptable 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 N.J.S.A. 40:55D-53.5, and cash, except that the Borough shall not require that a maintenance guarantee be in cash.
All site plans not defined as minor site plans.
All subdivisions not classified as minor subdivisions.
A dealer in provisions and supplies or one who makes or sells provisions, supplies or equipment specifically related to ships, boats or relating to navigation of waterways.
Wall building material, such as brick or stone, which is laid up in small units.
The three-dimensional bulk of a structure: height, width and depth.
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law (N.J.S.A. 40:55D-28).
A building that contains establishments dispensing health services.
A building or group of buildings having controlled access and security within a compound, containing various sizes of structures which are compartmentalized and/or controlled-access stalls and/or locker areas for lease to or rent to individuals for storage of goods within a building or buildings.
A development plan of one or more lots which proposes development of a new building or a building alteration and less than five parking spaces and less than 1,000 additional square feet of floor area or a total of not more than ten-percent lot coverage, whichever is less, and which does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
A subdivision classified as a minor subdivision shall meet the following requirements:
A painted image or design on a fence, wall, retaining wall, building, or ground surface, which may or may not include a sign. Only that portion of the mural containing a sign shall be regulated as a sign.
[Added 7-16-2024 by Ord. No. 24-0287]
A complete physiographic portrait of a municipality, including its geography, topography, hydrology, soil and vegetation, as well as man-made factors which influence the environment.
A lot or parcel which does not conform to the minimum standard for the zone in which it is located or the use to which it is being put.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance 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.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which exact same use fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
An extended- or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
The specific purpose for which land or a building is used, designed or maintained.
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
An off-street parking area for vehicles, including the storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public way.
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
The area which is outside the floodway and is flooded with an average frequency of one or more times in each 100 years as determined by the Federal Emergency Management Area (FEMA) and Flood Insurance Rate Maps (FIRM).
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. Such areas shall be exclusive of required front, side and rear yards, streets, driveways, man-made stormwater management facilities, parking areas or loading or storing areas.
An area of land other than a public street owned by a public agency and maintained by it for the use and enjoyment of the general public.
A land planning tool similar to traditional zoning which establishes additional performance standards and criteria for developments in specified areas to achieve stated goals.
Any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets.
An off-street space for the parking of a motor vehicle, with minimum dimensions of nine feet by 18 feet.
Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash, in an amount not to exceed 120% of the cost of installation of all improvements as estimated by the Borough Engineer, provided that the Borough shall not require more than 10% of a performance guarantee to be in cash.
Establishments primarily engaged in providing services involving the care of a person or his or her apparel, including but not limited to laundry, dry cleaning and garment services, coin-operated laundries, photographic studios, beauty shops, barber shops, shoe repair, and exercise clubs, provided that, except as permitted by any licensing act of the State of New Jersey, no service involves contact with any unclothed portion of a person other than his or her scalp, face, arms, hands, legs below the knees, feet or neck.
Those active services or functions exclusively devoted to the active effort to promote human welfare, maintained or supported by act or gift or organized distribution of funds.
A column partially embedded in a wall, usually nonstructural.
The angle of slope of a roof.
See "church."
An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity and containing one or more residential clusters; appropriate public or quasi-public uses may be included if such uses are primarily for the benefit of the residential development.
An area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development as authorized in N.J.S.A. 40:55D-65(c).
[Added 10-2-2012 by Ord. No. 12-1840]
An open-sided structure attached to a building sheltering an entrance or serving as a semi-enclosed space.
Applies only to preexisting buildings in the CBD and C Districts and shall mean an area on the facade of the building that has been used for signage and is a panel or material, such as metal or concrete, of a composition distinct from the balance of the facade, and is located above the front entrance or windows of the buildings.
The conferral of certain rights prior to final approval after specific elements of a development plan have been approved by the relevant board.
The application and accompanying documents required by this chapter to be submitted to the Historic Preservation Commission for approval of any action which:
A structure more than 50 years old which:
Is associated with persons, events or architecture which made a contribution to the broad patterns of our history;
Reflects architecture of a distinctive character with respect to type, period or method of construction; or
Has yielded or is likely to yield information important to our history. The oldest part of the structure shall determine the age of the structure for this purpose.
The office or studio of a member of a recognized profession, including the offices of physicians, dentists, ministers, lawyers, architects, professional engineers, and such similar professional nontrade occupations. The issuance of a state or local license for regulations of any gainful occupation is not to be deemed solely indicative of professional standing.
A lot or parcel line that defines the limits of ownership.
The relationship or ratio between two dimensions, i.e., width of street to height of building wall or width to height of window.
Public parks, playgrounds, trails, paths and other recreational areas;
Other public open spaces;
Scenic and historic sites;
Sites for school and other public buildings and structures, including the uses of all municipal, county, state, regional and federal government agencies; and
Public rights-of-way, cartways and easements.
That which is reasonably visible, under average conditions, to the average observer located on any public land or right-of-way, or on any semipublic or private space which is normally accessible to the general public.
Facilities utilized by members of nonprofit organizations and which are open to the general public, such as but not limited to religious organizations, veterans' organizations, fraternal organizations and other institutions or organizations of similar type but not necessarily belonging to the aforementioned categories.
Corner treatment for exterior walls, either in masonry or frame buildings.
Leisure-time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.
Any leisure-time activity not considered active.
To partially or completely move a structure substantially intact.
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appointment.
An establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers, and in which no other business, except such as is incidental to such establishment, is conducted, wherein the food and drink are consumed within the principal building. Such uses shall not be interpreted to include and are hereby defined to exclude drive-in restaurants or other similar uses where customers and patrons are served food, soft drinks or ice cream for their immediate consumption outside the confines of the building or structure in which the business is conducted. Restaurant establishments shall provide for traditional table services for made-to-order food.
An establishment where customers are served food, soft drinks, coffee, tea and /or ice cream and ice cream products for consumption off the premises of the building or structure in which the business is conducted, and not within that building or structure. No customer seating and/or tables of any kind are found in a carry-out restaurant.
[Added 2-15-2011 by Ord. No. 11-1803]
An establishment which has one or more of the following characteristics:
Serves primarily ready-to-eat foods, frozen desserts, or beverages in edible or paper, plastic, or disposable containers;
Usually serves foods over a general service counter or take-out counter that customers carry to the restaurant's seating facilities, to motor vehicles or off premises;
Devotes 45% or more of the establishment's gross floor area to food preparation, storage, or related activities; or
Serves foods through a drive-in or drive-through window.
An establishment that sells goods, merchandise or products, or performs services incidentally related to the sale of such goods, merchandise or products, to general public customers for personal or household consumption.
Establishments providing services or facilities, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusements and recreation services, health, educational and social services, museums and galleries.
A structure that is designed and constructed to stabilize two generally horizontal surfaces which are vertically displaced, and which shall be either a landscape retaining wall or structural retaining wall:
LANDSCAPE RETAINING WALLA retaining wall less than three feet in height, which does not support any site improvement within three feet of the top of the wall;
STRUCTURAL RETAINING WALLA retaining wall greater than three feet in height or a retaining wall with any site improvement located within a distance from the top of the wall equal to the height of the retaining wall.
The effect obtained through repetition of architectural elements such as building height, rooflines or side yard setbacks; of streetscape elements such as decorative lampposts; or of natural elements such as street trees.
The relationship between the solid portions of a building facade and the voids formed by doors, windows, other openings and recesses. May also refer to the relationship between building mass (solids) and side yard setbacks (voids) along a street.
The horizontal and vertical area delimited by a line coexistent with the property line of other lands or right-of-way. Such lands may be of public holding for road or highway or public utility use or private holding for the location of private, commercial, collective or distributive provision of utilities.
Any residence, building or any part thereof containing one or more rooming units in which space is let by the owner or operator to more than two persons who are not members of the family.
Any room or group of rooms forming a single habitable unit used or intended to be used for living and/or sleeping but not for cooking or eating purposes.
A public, parochial or private nursery, day care, elementary, secondary, college or university educational institution offering a diploma, degree or certificate subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by public funds and/or nonprofit quasi-public agencies.
The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side setback line. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining setbacks. The setback distance shall be equal to the required yard depth.
A line within any lot parallel to any street or property line between which line and the street or property line no building or portion thereof may be erected except as otherwise provided for in this chapter.
A paved path provided for pedestrian use and usually located at the side of a road within a right-of-way.
The outdoor display of merchandise for sale by a commercial establishment. The displayed merchandise must be similar to the merchandise sold within the establishment.
Triangular-shaped portion of land established at street intersections, in which nothing is erected, placed, planted or allowed to grow between a height of 30 inches and 15 feet above the ground elevation in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
Any device, display, structure, or part thereof that displays or includes any letters, numbers, symbols, other characters, logos, graphics, or images used as or which is in the nature of communicating a message.
[Amended 7-16-2024 by Ord. No. 24-0287]
The area or areas on a commercial building facade where signs may be placed without disrupting facade composition. The signable area will often include panels at the top of show windows, transoms over storefront doors and windows, signboards on fascias, and areas between the top of the storefront and the sills of second-story windows.
[Amended 7-16-2024 by Ord. No. 24-0287]
Any sign which is owned and operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs, or any sign advertising a commodity not sold or produced on the premises. This shall include billboards and off-premises signs indicating the direction to a particular place, as well as any interior message or display with greater than twelve-inch letters or logo which is visible from the exterior of the building structure.
The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines the sign. In the case of lettering attached to building facades, the sign area shall be the product of the maximum horizontal dimension of all lettering and symbols multiplied by the vertical dimension of all lettering and symbols which form the sign.
A sign that is painted on or applied to an awning.
[Added 7-16-2024 by Ord. No. 24-0287]
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
[Amended 7-16-2024 by Ord. No. 24-0287]
A sign that is affixed to the exterior wall of a building, projecting at a 90° angle.
[Added 7-16-2024 by Ord. No. 24-0287]
A sign which provides directional messages, principally for bicycle, pedestrian, or vehicular traffic, such as but not limited to "one-way," "entrance" and "exit."
[Amended 7-16-2024 by Ord. No. 24-0287]
A sign which provides a listing of multiple businesses or occupants of a building on the premises on which the sign is located.
[Added 3-15-2011 by Ord. No. 11-1806; amended 7-16-2024 by Ord. No. 24-0287]
The vertical surface of a lintel over a storefront which is suitable for sign attachment.
Any nonmovable sign that is not affixed to a building.
[Amended 7-16-2024 by Ord. No. 24-0287]
See "sign, icon."
Any sign supported by uprights or braces and not attached to any building.
A sign that illustrates by its shape the nature of the business conducted within.
A sign that is lighted by or exposed to artificial lighting by lights on or in the sign or directed toward the sign.
[Amended 7-16-2024 by Ord. No. 24-0287]
A sign located on the premises giving the name or address, or both, of the owner or occupant of a building or premises.
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
A sign that is not permanent or affixed to a building, structure or the ground.
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
A sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deckline of a building with a mansard roof.
[Amended 7-16-2024 by Ord. No. 24-0287]
A sign that is placed on the ground, consisting of two sign faces placed together at an angle to form an "A" shape structure which tapers from a wide base to a narrow top.
[Added 7-16-2024 by Ord. No. 24-0287]
A sign that is attached to, displayed on, or painted on an exterior wall of a building.
[Added 7-16-2024 by Ord. No. 24-0287]
A sign that is applied, attached, or painted on the exterior or interior of a window or located within three feet of the glass such that it can be seen from the exterior of the structure through a window.
[Amended 7-16-2024 by Ord. No. 24-0287]
Any grading, tree and vegetation removal, building of structures, creation of impervious surfaces or other related activity which results in changes to the land surface.
A development plan of one or more lots on which is shown details required pursuant to this chapter.
A map of subdivision of sufficient accuracy to be used for the purpose of discussion and classification of the application.
Any area with a slope of 10% or greater.
That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story.
That portion of a building under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such half story. A cellar shall also be included as a half story.
The bed and bank of any perennially or intermittent flowing watercourse, including rivers, streams, brooks and ponds.
The bed, bank and one-hundred-year flood zone of a stream.
Required to be delineated as the most restrictive limit of the two distances established in accordance with § 230-148A
A line, described by metes and bounds, which defines the boundary between the floodway and flood-fringe area in a nondelineated floodplain and customarily marks the limit of disturbance to be placed in a delineated floodplain.
Any road, avenue, street, lane, boulevard, alley or other way set aside or commonly used for access to abutting property, improved or unimproved. Such common ways shall have been duly inspected, approved, accepted and recorded and dedicated to the public use.
Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, kiosks, signposts, streetlights, bollards and removable enclosures.
That line determining the limit of the highway rights of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the street lines shall be assumed to be at a point 25 feet from the center line of the existing pavement.
The built and planted elements of a street which define its character.
See "belt course."
A combination of materials to form a construction that is safe and stable and includes among other affixed things, a stadium, platform, radio towers, buildings, billboards, freestanding signs, sheds, storage bins, swimming pools, and fences which are more than 50% solid.
Any body of water, tank or receptacle for water, whether artificially or semi-artificially constructed or portable, having a depth at any point greater than 18 inches or having over 120 square feet of area or larger than 12 feet in diameter, used or intended to be used for swimming or bathing solely by the owner, his family and guests of the household, and constructed, installed, established or maintained inside or outside any building in or above the ground upon any premises as an accessory use to the residence.
See "church."
A place where the principal use or function is the selling of alcoholic beverages and incident thereto may be retail sale or consumption of food as a permitted use consistent with N.J.S.A. 33:1-12 et seq.
See "church."
A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
A use established for a fixed period of time with the intent to discontinue use upon the expiration of the time period.
The exterior finish of a surface, ranging from smooth to coarse.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of a zoning ordinance.
A buffering or screening device which partially or totally blocks the view to or from adjacent sites by a discernible factor ranging up to 100%.
A point terminating a vista or view, often at the end of a straight street or coinciding with a bend.
Any artificially constructed pool, not designed or used for swimming, with a maximum depth of 18 inches.
A path provided for pedestrian use through a site.
The vertical exterior surface of a building;
Vertical interior surfaces which divide a building's space into rooms;
Architectural wall, which shall mean a structure used for enclosing or screening adjacent property, usually with a generally solid surface, continuously supported by the ground through the use of footings or other similar supports; and
Retaining wall (see definitions under "retaining wall").
A building used primarily for the storage of goods and materials.
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Front setback line shall be synonymous with the front yard line. Front setback requirements shall apply to all street frontages of a corner lot.
The open space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear wall of the building to the nearest point of the rear lot line.
An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either such yards, to the street or rear lot lines as the case may be. The width of a side yard will be measured at right angles to the side line of the lot.
The person within the administrative offices of the municipality, so designated by job title classification.
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 the Zoning Ordinance or variance therefrom duly authorized by the municipal approving agency.
§ 230-4 Conflicts of interest.
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto. Each member shall comply with the Borough Ethics Ordinance.[1]
§ 230-5 Application procedure.
[Amended by Ord. No. 1292; Ord. No. 1441; Ord. No. 1509]
A.
All applications for development shall be filed with the Control Officer. At the time of filing of application, the applicant shall also file the fee, a completed checklist as set forth in the schedule of forms attached to and made a part of this chapter, any request for waiver and any and all maps required by this section. The applicant shall obtain all necessary forms from the Control Officer.[1]
[1]
Editor's Note: The forms required are on file in the Borough's offices.
B.
Upon receipt of an application for development, the Control Officer shall forward the submitted material to the municipal agency, or its authorized committee or designee, for review and to certify the application is complete. All completed applications shall be reviewed by the following agencies (Fire Official, Police Department, Environmental Commission and Safe Walking and Cycling Committee). Request for reviews from the Borough Engineer and/or Planner shall be optional and are to be determined by the reviewing Board.
[Amended 9-5-2017 by Ord. No. 17-1948]
C.
Within 45 days from the filing as required in Subsection A, the municipal agency, or its authorized committee or designee, shall review and certify the application to be complete or incomplete in writing.
(1)
If incomplete, the municipal agency or its authorized committee or designee shall certify in writing the deficiencies in the application on a checklist as specified in the schedule of forms attached to and made a part of this chapter.
(2)
The application shall be deemed complete within 45 days of the date of its submission if the municipal agency, or its authorized committee or designee, does not certify the application to be incomplete.
D.
The applicant may request relief from one or more of the submissions required in Subsection A. The request must be in writing stating the reason therefor. The municipal agency, or its authorized committee or designee, shall grant or deny the request within 45 days of the request.
E.
The Control Officer, in consort with the appropriate board chairman, shall assign a hearing date and notify the applicant of the same within five days of the application being deemed complete. Notice to the applicant shall be in writing by regular mail. Upon receipt of a date for a hearing, the applicant shall proceed to give proper notice of the hearing and comply with all other provisions of this chapter and the Municipal Land Use Law.
§ 230-6 Meetings.
A.
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
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 Chapter 291 of the Laws of 1975 (see N.J.S.A. 40:55D-9 et seq.).
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 Act, Chapter 231 of the Laws of 1975 (see N.J.S.A. 10:4-6 et seq.). Any 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.
§ 230-7 Minutes.
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, 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 Borough Clerk. 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 reasonable fee as provided in § 250-34 for reproduction of the minutes for his use as provided for in the rules of the Board.
§ 230-8 Fees and documents.
Fees, forms and any other required documents for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of its administrative staff which are not otherwise provided for by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee and submission schedule shall be made available to the public.
§ 230-9 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 be consistent 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 may designate shall have the 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 Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-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 of cross-examination 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 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 expense, subject to the requirements as set forth in § 230-54.
§ 230-10 Notice requirements for hearings.
[Amended by Ord. No. 1304]
A.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
(1)
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2)
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 and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. 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 services on behalf of the corporation.
(3)
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, which notice shall be in addition to the notice required to be given to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(4)
Notice shall be given by personal service or certified mail to the Middlesex 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 the Middlesex County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5)
Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the State Planning Commission 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 Municipal Clerk pursuant to Section 6b of Chapter 291 of the Laws of 1975 (see N.J.S.A. 40:55D-10).
(7)
Notice to utilities.
(a)
Notice of hearings on application for approval of a subdivision or a site plan requiring public notice shall be given by personal service or certified mail to the corporate secretary of all public utilities and the general manager of all cable television companies that own land or any facility or that possess a right-of-way or easement within 200 feet in all directions of the property which is the subject of such hearing.
(b)
An applicant seeking approval of a development which does not require notice as provided in Subsection A shall be required to provide notice by personal service or certified mail to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval.
B.
All notices hereinabove 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.
C.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
D.
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; and identification of the property proposed for development by street address and/or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal 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.
§ 230-11 List of property owners furnished.
[Amended by Ord. No. 1304]
Pursuant to the provisions of N.J.S.A. 40:55D-12C, the Tax Assessor shall, within seven days after receipt of a request therefor, 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. A fee not to exceed $0.25 per name or $10, whichever is greater, shall be charged for such list.
§ 230-12 Decisions.
A.
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon, and shall be memorialized by resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the reviewing agency voted to grant or deny approval. Only members of the Board who voted for the action taken may vote on the memorializing resolution.
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 attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who 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 Municipal Clerk, 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 fees established for copies of other public documents in the municipality.
§ 230-13 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 of the Planning Board or Zoning Board of Adjustment, as the case may be, with a reasonable 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.
§ 230-14 Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or any other outstanding fees due to the Borough are due or 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, any approvals or 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 manner that the municipality will be adequately protected.
§ 230-15 Appeals to the Zoning Board of Adjustment.
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 230-44A and in accordance with the provisions of N.J.S.A. 40:55D-72 of the Municipal Land Use Law of 1975.
§ 230-16 Appeal from decision of Planning Board.
Any interested party shall appeal a final decision of the Planning Board by commencing an action in lieu of prerogative writ in the Superior Court of New Jersey pursuant to the applicable Rules of Court.
§ 230-17 Appeal from decision of Zoning Board of Adjustment.
Any interested party shall appeal a final decision of the Zoning Board of Adjustment by commencing an action in lieu of prerogative writ in the Superior Court of New Jersey pursuant to the applicable Rules of Court.
§ 230-18 Statutory definitions.
Whenever a term is used in this chapter which is defined in Chapter 291 of the Laws of 1975, such term is intended to have the same meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
§ 230-19 Pending applications.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such applications shall be governed by the provisions of Article III of this chapter.
§ 230-20 Filing of development regulations.
The Borough Clerk shall file with the County Planning Board as soon after passage as possible all development regulations, including this chapter and any amendments or revisions thereto. The Official Zoning Map of this Borough shall be filed by the Borough Clerk with the County Clerk's Office as soon after passage as possible. Copies of all development regulations and revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.
§ 230-21 Informal review.
At the request of the developer, the reviewing board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development pursuant to § 230-54. The developer shall not be bound by any concept plan for which review is requested, and the reviewing board shall not be bound by any such review.
§ 230-22 Establishment.
There is hereby established pursuant to N.J.S.A. 40:55D-23 in the Borough of Highland Park a Planning Board of nine members, consisting of the following four classes:
A.
Class I: the Mayor.
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 if there is both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education among the Class IV members or alternate members.
C.
Class III: a member of the governing body, to be appointed by it.
D.
Class IV: six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission and one may be a member of the Board of Education. 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 among the Class IV members of the Planning Board or alternate members both a member of the Zoning Board of Adjustment or a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
§ 230-23 Terms of members.
[Amended by Ord. No. 1231]
A.
The term of the member composing Class I shall correspond with his official tenure.
B.
The term of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever comes first, except for a Class II member who is also a member of the Environmental Commission.
C.
The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
D.
The term of a Class IV member who is also a member of the Board of Adjustment, Historic Preservation Commission or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever comes first.
E.
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 evenly distributed 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 term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided.
F.
All terms shall run from January 1 of the year in which the appointment is made, except as otherwise specified herein. In transitioning from terms of Class IV members running from September 1 of the year in which the appointment is made to January 1 of the year in which the appointment is made, this Code amendment shall not be construed to effect any standing member of the Borough of Highland Park Planning Board. If a current Class IV member of Borough of Highland Park Planning Board's term shall expire on September 1, 2020, said Class IV member may be appointed for an interim term from September 1, 2020, to December 31, 2020. Thereafter, said member may be considered for a new term commencing January 1, 2021.
[Amended 2-18-2020 by Ord. No. 20-1998]
G.
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
H.
Any member other than a Class I member, after a public hearing if he requests one, may be removed by the governing body for cause.
§ 230-24 Alternate members.
A.
There shall be two alternate members of the Planning Board who shall be appointed by the appointing authority and shall meet the qualifications of Class IV members of the Planning Board. Said alternates shall be designated at the time of their 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. A vacancy occurring otherwise than by expiration of term shall be filled by the approving authority for the unexpired term only.
B.
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. 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.
§ 230-25 Lack of quorum provisions.
[Added by Ord. No. 1304]
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
§ 230-26 Vacancies.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
§ 230-27 Organization of Board.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance.
§ 230-28 Planning Board Attorney.
There is hereby created the position of Planning Board Attorney. The Planning Board shall annually appoint and fix the compensation of the Planning Board Attorney for all legal services, including but not limited to regular and special meetings of the Board, litigation, and such other legal services as may be deemed necessary by the Board. The Board Attorney shall be an attorney other than the Municipal Attorney. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 230-29 Expert staff.
The Planning Board may also employ or contract for the services of a planning consultant and his staff and other services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 230-30 Powers of the Planning Board.
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 municipality, including in its consideration areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-1 et seq.
B.
To administer the provisions of this land development chapter of the municipality in accordance with the provisions of said ordinances and with N.J.S.A. 40:55D-1 et seq.
C.
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
D.
To assemble data on a continuing basis as part of a continuing planning process.
E.
To annually prepare a program of municipal capital improvements and projects projected over a term of six years and amendments thereto and recommend same to the governing body.
F.
To consider and make report to the governing body within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
G.
The Planning Board, when reviewing applications for approval of subdivision plans, site plans or conditional uses, shall have the power, to the same extent and subject to the same restrictions as the Board of Adjustment, provided no variance under N.J.S.A. 40:55D-70d is required, to:
(1)
Grant variances, pursuant to Subsection 57C of Chapter 291 of the Laws of New Jersey, 1975 (N.J.S.A. 40:55D-70C), from lot area, lot dimension, setback and yard requirements, etc.
(2)
Give direction, pursuant to Section 25 (N.J.S.A. 40:55D-34), for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 (N.J.S.A. 40:55D-32).
(3)
Give direction, pursuant to Section 27 (N.J.S.A. 40:55D-36), for issuance of a permit for a building or structure not related to a street.
(4)
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include references to the request for a variance or direction for issuance of a permit, as the case may be.
H.
Advisory duties. The Planning Board shall perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other municipal agencies or offices.
§ 230-31 Environmental Commission review.
[Amended 9-5-2017 by Ord. No. 17-1948]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission and Safe Walking and Cycling Committee an informational copy of every application for development to the Planning Board for review and comment. Failure of the Planning Board to make such an informational copy available to the Environmental Commission and the Safe Walking and Cycling Committee shall not invalidate any hearing or proceeding.
§ 230-32 Time for approval; expiration of approval.
A.
Minor subdivisions and minor site plans. Minor subdivision and minor site plan approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. 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 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
B.
Preliminary approval of major subdivisions and major site plans. Upon submission of a complete application for a subdivision of 10 or fewer lots or a major site plan involving 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots or a major site plan involving more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for either size subdivision or site plan.
C.
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 230-30G, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period described shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.
D.
Final approval. Application for final subdivision approval or site plan approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
§ 230-33 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.
§ 230-34 Technical Advisory Committee.
[Amended by Ord. No. 1569]
A.
There is hereby established a Technical Advisory Committee which may review new applications for development or informal reviews referred to it by the Planning Board or Zoning Board of Adjustment. The Committee shall consist of the Borough Engineer, the Borough Planner/Planning Consultant, the Zoning Officer, the Planning Board Secretary and the Borough Administrator. The Committee may also consist of the Fire Inspector, a representative of the Police Department designated by the Chief of Police, Chairman of the Economic Development and Planning Committee of the governing body, a member of the Historic Commission, the Environmental Commission, the Commission on the Disabled, the Borough Planning Board Attorney or his or her representative, and other subcode officials or other employees or officials designated by the permanent Technical Advisory Committee members.
B.
The Technical Advisory Committee shall have the following duties and responsibilities:
(1)
Acquaint the applicant with the substantive and procedural requirements of the Subdivision and Site Plan Chapter.
(2)
Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements.
(3)
Advise the applicant of any public sources of information that may aid the application.
(4)
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
(5)
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences.
(6)
Provide input into the general design of the project.
C.
The Committee shall advise the applicable Board of its findings and recommendations prior to the meeting at which the application is to be considered.[1]
[1]
Editor's Note: Original § 17-6.13, Design Review Committee, as amended by Ord. Nos. 1292 and 1441, was repealed by Ord. No. 1509. Original § 17-6.14, Technical Advisory Committee Liaison, as amended by Ord. No. 1292, was repealed by Ordinance No. 1509.
§ 230-35 Establishment; composition.
[Amended by Ord. No. 1231; Ord. No. 1308]
A.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents of the Borough appointed by the Mayor with the advice and consent of Council to serve for a term 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 term shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years.
[Amended 2-18-2020 by Ord. No. 20-1998]
(1)
In transitioning from terms of office for members running from September 1 of the year in which the appointment is made to January 1 of the year in which the appointment, this Code amendment shall not be construed to affect any standing member of the Borough of Highland Park Zoning Board of Adjustment. If a current member of the Borough of Highland Park Zoning Board of Adjustment term shall expire on July 1, 2020, said member may be appointed for an interim term from July 1, 2020, to December 31, 2020. Thereafter, said member may be considered for a new term commencing January 1, 2021.
B.
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
C.
A vacancy occurring otherwise by expiration of term shall be filled for the unexpired term only.
D.
No member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
E.
A member may, after a public hearing if he requests it, be removed by the governing body for cause.
§ 230-36 Alternate members.
[Amended by Ord. No. 1231; Ord. No. 1308; 4-4-2006 by Ord. No. 1680]
A.
There shall be four alternate members of the Board of Adjustment, appointed by the Mayor with advice and consent of Council. The alternate members shall be designated at the time of appointment by the Mayor and Council as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the alternate members shall be for two years, beginning on July 1 of the year of their appointment, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
B.
The alternate members may participate in discussions of the 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.
C.
No alternate member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
D.
An alternate member may, after a public hearing if he requests one, be removed by the governing body for cause.
§ 230-37 Lack of quorum provisions.
[Added by Ord. No. 1304]
If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
§ 230-38 Officers.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may be either a Board member or another municipal employee.
§ 230-39 Board of Adjustment Attorney.
There is hereby created the position of Attorney to the Zoning Board of Adjustment, appointed by the Zoning Board of Adjustment. The Zoning Board of Adjustment shall annually appoint and fix the compensation of the Zoning Board of Adjustment Attorney for all legal services, including but not limited to regular and special meetings of the Board, litigation and such other legal services as may be deemed necessary by the Board. The Board Attorney shall be an attorney other than the Municipal Attorney or Planning Board Attorney. The Board shall not, however, exclusive of gifts or grants, exceed the amount appropriated by the governing body for its use.
§ 230-40 Expert staff.
The Zoning Board of Adjustment may also employ or contract for a planning consultant and his staff and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of all gifts or grants, the amount appropriated by the governing body for its use.
§ 230-41 Rules and regulations.
The Board shall adopt bylaws governing its procedural operation and 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.
§ 230-42 Powers of the Zoning Board of Adjustment.
[Amended by Ord. No. 1304]
The Board of Adjustment shall have such powers as are granted by law to:
A.
Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
B.
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by the Zoning Ordinance.
C.
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article XV of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal so as to relieve such difficulties or hardship, where, in an application or appeal relating to a specific piece of property, the purposes of this act would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, a variance to allow departure from regulations pursuant to Article XV of this chapter; provided, however, that no variance from those departures enumerated in Subsection D of this section shall be granted under this paragraph; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to § 230-30G.
D.
Nonconformities.
(1)
In particular cases and for special reasons, grant a variance to allow departure from regulations to permit:
(a)
A use or principal structure in a district restricted against such use or principal structure;
(b)
An expansion of a nonconforming use;
(c)
Deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67) pertaining solely to a conditional use;
(d)
An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4);
(e)
An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or
(f)
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. 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 Zoning Ordinance. Any application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
§ 230-43 Additional powers.
[Amended by Ord. No. 1304]
In addition, the Zoning Board of Adjustment shall have power given by law to:
A.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
B.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
C.
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 pursuant to N.J.S.A. 40:55D-37 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d.
D.
The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, consistent with N.J.S.A. 40:55D-76.
E.
The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60.
§ 230-44 Appeals and application.
A.
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed was taken.
B.
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.
§ 230-45 Modification on appeal.
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the administrative officer from whom the appeal is taken.
§ 230-46 Stay of proceedings by appeal.
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
§ 230-47 Time for decision.
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 or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event the developer submits separate consecutive applications, pursuant to § 230-43C, the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to render a decision within the prescribed period shall constitute a decision favorable to the applicant.
§ 230-48 Expiration of variance.
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation within one year from the date of entry of the judgment or determination of the Board of Adjustment, unless the applicable construction permits have been obtained or the permitted use has actually been commenced by that date; 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.
§ 230-49 Environmental Commission review.
Whenever the Environmental Commission has prepared and submitted to the Zoning Board an index of the natural resources of the municipality, the Zoning Board shall make available to the Environmental Commission an informational copy of every application for development to the Zoning Board. Failure of the Zoning Board to make such an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
§ 230-50 Conformity required.
[Amended by Ord. No. 1231]
A.
No zoning permit, building permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter. No site improvements, such as but not limited to excavation, the construction of public or private improvements, any activity covered by § 230-116 or any similar activity shall be commenced except in conformance with this chapter and in accordance with plat approvals and the issuance of required permits.
B.
No application shall be accepted by the Construction Official, Zoning Officer and/or the secretary of the approving board unless the applicant provides certification from the Tax Collector that all taxes or any other outstanding fees due to the Borough have been paid to date.
§ 230-51 Issuance of zoning permit.
A zoning permit shall be issued by the Zoning Officer before the issuance of either a certificate of occupancy to a new occupant of an existing building or portion of an existing building, or a building permit.
§ 230-52 Prerequisites for certificate of occupancy.
It shall be unlawful to use or permit the use of any building or part thereof hereafter created, changed, converted, altered or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Building Inspector, and no certificate shall be issued unless the land, building and use thereof comply with this chapter; all matters incorporated on the approved subdivision or site plan have been completed and certified by the Municipal Engineer; and the Building and Health Codes are complied with.
§ 230-53 Approval of subdivisions.
Prior to the subdivision or resubdivision of land within the municipality and as a condition of the filing of subdivision plats with the County Recording Officer, a resolution of approval of the reviewing board is required, as is the approval of site plans by resolution of approval of the reviewing board, as a condition for the issuance of a permit for any development, except that subdivision or individual lot application for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval.
§ 230-54 Schedule of fees.
[Amended by Ord. No. 1228; Ord. No. 1231; Ord. No. 1292; Ord. No. 1298; Ord. No. 1441; Ord. No. 1569; Ord. No. 1633; 5-1-2007 by Ord. No. 07-1721; 8-11-2009 by Ord. No. 09-1765]
A.
Every application for development shall be accompanied by a nonrefundable application fee and a separate preliminary escrow account deposit, each payable to the Borough of Highland Park in accordance with the Schedule of Application Fees and Preliminary Escrow Account Deposits set forth in Schedule A attached hereto. Where one application for development includes several approval requests (e.g., site plan, subdivision, variance, etc.), the sum of the individually required application fees and preliminary escrow account deposits shall be paid.
B.
Application fees, preliminary escrow account deposits, and other escrow account deposits shall be paid with separate checks for the total application fees and for the total escrow account deposits.
C.
After an application is submitted, and prior to the application being deemed complete, the Borough shall advise the applicant if a further initial escrow account deposit is due in addition to the preliminary escrow deposit, and the amount of such additional escrow account deposit. The applicant shall promptly deliver a check to the Borough in the further amount established by the Borough (escrow account deposits subsequent to the preliminary escrow account deposit shall be known as escrow account deposits). No application for development shall be deemed complete unless and until all required application fees, preliminary escrow account deposits and further initial escrow account deposits are paid in full.
D.
Fees for copies of requested items, special meetings, and other items also are included in the attached fee schedule.
E.
Schedules of fees.
Schedule A | |||||
|---|---|---|---|---|---|
Application Fee | + | Preliminary Escrow Account Deposit | |||
Subdivisions | |||||
Minor subdivision plat | $250 | $500 per lot ($1,000 minimum) | |||
Preliminary major | $500 | $500 per lot | |||
Final major | $250 | $250 per lot | |||
Informal concept Subdivision Plat/Technical Review Committee | $150 (to be credited toward application fee for minor/major) | $1,000 if professional review is required | |||
Amended or revised minor, preliminary major and/or final subdivision | $150 | 1/2 of the amount originally calculated | |||
Site Plans | |||||
Minor site plan | $300 | $2,000 | |||
Preliminary major site plan | $500 | $500/acre or part thereof, plus $60/dwelling unit in the case of residential units and/or $0.50/gross square foot of building area in the case of nonresidential building; a maximum $15,000 initial deposit | |||
Final major site plan | $250 | $250/acre or part thereof, plus $30/dwelling unit in the case of residential units and/or $0.25/gross square foot of building area in the case of nonresidential building; a maximum $7,500 initial deposit | |||
Informal concept Minor Site Plan/Technical Review Committee | $150 (to be credited toward application fee for minor approval) | $1,000 if professional review is required | |||
Informal concept Major Site Plan/Technical Review Committee | $150 (to be credited toward application fee for major approval) | $2,000 if professional review is required | |||
Amended or revised minor, preliminary major and/or final site plan | $150 | 1/2 of the amount originally calculated | |||
Conditional uses (not including required site plan or subdivision review) | $150 | $1,000 | |||
Variances | |||||
Appeals (N.J.S.A. 40:55D-70a) | $250 | $1,000 | |||
Interpretation (N.J.S.A. 40:55D-70b) | $250 | $1,000 | |||
Bulk (N.J.S.A. 40:55D-70c) | $150, first variance; $50, each additional variance | $500, first variance; $300, each additional variance | |||
Use and others (N.J.S.A. 40:55D-70d) | $250 | $2,500 | |||
Permit (N.J.S.A. 40:55D-34 and 35) | $150 | $1,000 | |||
Signs | $75/each | $300 each | |||
Approval time extensions | $150 | $500 | |||
Request for waiver of site plan | $150 | $500 | |||
Zone change requests | $250 | $2,000 | |||
Master plan change requests | $500 | $5,000 | |||
Modifications to approved plan or resolution | $250 | $1,000 | |||
Requested special meeting of Planning or Zoning Board | $2,500 | ||||
Zoning permit fee | $75, residential $125, nonresidential | ||||
Permit/application for structural retaining walls | $250 | $500 | |||
Permit/application for disturbance of steep slopes or stream corridors | $250 | $500 | |||
Certified list of property owners | $0.25/name or $10, whichever is greater | ||||
Copy of minutes, resolutions or decisions | See Borough Fee Schedule | ||||
Transcription of meeting proceedings | At cost, in accordance with N.J.S.A. 2A:11-15 | ||||
Subdivision approval certificate | $50/certificate | ||||
Certificate of nonconformity (N.J.S.A. 40:55D-68) | $50/certificate | ||||
Copy of land use ordinance | $50 | ||||
Copy of tape of meeting | $200 + $15/tape | ||||
Video or CD of meeting | $50 | ||||
F.
The application fees are flat fees to cover administrative expenses incurred by the Borough of Highland Park and are nonrefundable.
G.
The escrow account deposits noted in § 230-54A of this section are established to pay for the costs of professional services, including engineering, planning, legal and any other such experts or expenses connected with the review of submitted materials as may be deemed necessary by the Borough, including, without limitation, any traffic engineering, environmental, landscape, fiscal impact review, and/or any other special analyses related to the Borough's review of the submitted materials, or any necessary studies regarding off-tract improvements.
H.
An applicant is responsible to reimburse the Borough of Highland Park for all expenses of professional personnel incurred and paid by the Borough for the review process of an application for development before a municipal agency, such as, but not limited to:
(1)
Charges for reviews by professional personnel of applications, plans and accompanying documents currently pending before a municipal agency, or the review of an applicant's compliance with the conditions of any approval to an application for development by a municipal agency, or the review of any requests made by the applicant for modifications or amendments to the submitted material;
(2)
Issuance of reports by professional personnel to the municipal agency, setting forth recommendations resulting from the review of any documents submitted by the applicant;
(3)
Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts or representatives;
(4)
Review of additional documents, maps and/or plans submitted by the applicant and issuance of reports relating thereto;
(5)
Review or preparation of easements, developer's agreements, leases, licenses, deeds, approval resolutions, and the like;
(6)
Preparation for and attendance at all meetings by all professionals serving the Board;
(7)
The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts; and
(8)
Actual out-of-pocket expenses incurred in the process of reviewing the applications, plans and accompanying documents in connection with the application, including, without limitation, fees for publication of notices.
I.
Each applicant shall pay all costs for professional review of the application.
(1)
If additional escrow sums are deemed necessary at any time, the applicant shall be notified of the required additional escrow account deposit that is required and shall pay such additional escrow account deposit not later than two business days prior to any scheduled hearing. In no event shall an application be permitted to proceed if there are outstanding fees at the time of any scheduled hearing or meeting.
(2)
All costs for review must be paid before any approved plat, plan or deed is signed and before any zoning permit, construction permit, certificate of occupancy, and/or other permit is issued.
(3)
Escrow account sums not utilized in the review process shall be returned to the applicant.
J.
If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant, who also shall arrange for the reporter's attendance. If an applicant has a transcript of any hearing(s) prepared, the applicant shall provide a copy thereof to the Borough at the applicant's expense within three business days of the applicant's receipt thereof.