Waldwick City Zoning Code
ARTICLE VI
Miscellaneous Provisions
§ 97-40 Definitions.
A.
Whenever a term is used in this ordinance which is defined in C. 291, P.L. 1975, as amended, such term is intended to have the meaning set forth in the definition of such term found in said Statute, unless a contrary intention is clearly expressed from the context of Chapter 97 of the Borough of Waldwick Land Use and Development Code.
B.
Whenever in Chapter 97 of the municipal code of the Borough of Waldwick, the term Planning Board is used in a manner which under C. 291, P.L. 1975 as amended grants the Planning Board the privilege of exercising the powers of the Zoning Board, the term Zoning Board shall be interchangeable with the term Planning Board. Whenever the term Zoning Board is used in the above listed chapter in a manner which under C. 291, P.L. 1975 as amended grants the Zoning Board the privilege of exercising the powers of the Planning Board, the term Planning Board shall be interchangeable with the term Zoning Board.
[Amended 3-23-93 by Ord. No. 3-93]
§ 97-42 Provisions continued.
Pursuant to the provisions of c. 291, P.L. 1975, Section 81, the substantive provisions of the existing Land Use and Development Code of the Borough of Waldwick and the development regulations set forth therein shall continue in full force and effect and shall be read in pari materia with this ordinance.
§ 97-43 Pending applications.
All applications for development filed prior to the effective date of this ordinance may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article V of this ordinance.
§ 97-45 Filing of copies.
Immediately upon adoption of this ordinance, the Borough Clerk shall file a copy of this ordinance with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the Borough of Waldwick relating to land use.
§ 97-47 Completed applications; time limits.
[Added 2-12-85 by Ord. No. 2-85]
A.
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless:
1.
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant.
2.
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one (1) or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within forty-five (45) days.
B.
Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval on the application.
C.
The municipal agency may subsequently require correction of any information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
§ 97-48 Checklists for development applications.
A.
The following checklists for land use development are hereby adopted by reference:
(1)
Checklist for site plan approval.
(2)
Checklist for subdivision approval.
(3)
Checklist for variance approval.
(4)
Checklist for conditional use approval.
B.
One (1) set of each of these checklists shall be kept on file in the office of the Borough Clerk with the date of their adoption by ordinance listed thereon. The checklists shall be distributed by the Secretary of the Zoning Board of Adjustment and Secretary of the Planning Board for use in accordance with § 97-48.
[Added 2-12-85 by Ord. No. 2-85]
§ 97-49 Environmental Impact Statement.
In accordance with the requirements of Chapter 19 of the Municipal Code, an environmental impact statement shall be submitted on all applications for preliminary major site plan approval, preliminary major subdivision approval and for soil permit applications.
§ 97-50 Recycling plan element.
All development proposals for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing or any commercial or industrial development proposal utilizing 1,000 square feet or more of land shall include a recycling plan element which incorporates the requirements of the recycling ordinance of the Borough of Waldwick. Such development proposals shall provide for the collection, disposition and recycling of recyclable materials designated in the recycling ordinance of the Borough.
