A. In accordance with provisions of C 291, P.L 1975 (Municipal Land Use Law) and in accordance with the definitions revised in C 216, P L 1979 (Amendments to the Municipal Land Use Law, MLUL)
B.Word Usage. For the purposes of this Act, unless the context clearly indicates a different meaning The term "shall" indicates a mandatory requirement, and the term ,'may" indicates a permissive action.
ADMINISTRATIVE OFFICER The clerk of the municipality unless a different municipal official or officials, are designated by ordinance or statute.
APPLICANT A Developer submitting an application for development.
APPLICATION FOR DEVELOPMENT : The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of the MLUL.
APPROVING AUTHORITY The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of the MLUL.
BOARD OF ADJUSTMENT The board established pursuant to Section 56 of the MLUL.
BUILDING A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
CAPITAL IMPROVEMENT A governmental acquisition of real property or major construction project.
CERTIFICATION OF COMPLETENESS OF APPLICATION Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with regulations herein.
CIRCULATION SYSTEMS structures and physical improvements for the movement of people goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes, and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
COMMON OPEN SPACE - An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION An application form completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in 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 An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USE 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 applicable, the Zoning Board of Adjustment
CONVENTIONAL A development other than planned development
COUNTY MASTER PLAN A composite of the Master Plan for the physical development of the County in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N J S A. 40 27-4
COUNTY PLANNING BOARD The Planning Board of the county in which the land or development is located.
DAYS Calendar days.
DENSITY The permitted number of dwelling unit per gross area of land to be developed
DEVELOPER The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land
DEVELOPMENT : The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the MLUL
DEVELOPMENT REPUTATION - A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the MLUL
DIVISION The Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
ENVIRONMENTAL COMMISSION A municipal advisory body created pursuant to P L 1968, C 245 (N J S A 40 56A- 1 et seq)
EROSION The detachment and movement of soil or rock fragments by water, wind. ice or gravity.
FINAL APPROVAL . The official action of the Planning Board or the Zoning Board of Adjustment 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 property posted for their completion, or approval conditioned upon the posting of such guarantees.
FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site.
GOVERNING BODY : The chief legislative body of the municipality In municipalities having a Board of Public Works, Governing Body means such board.
GROSS FLOOR-AREA RATIO The ratio between the total area of all floors of all buildings or buildings or structures on the lot in the Township of Berkeley Heights and the lot area (total available property within the boundaries of the Township of Berkeley Heights, New Jersey)
HISTORIC-SITE : Any real property, man-made structure. natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.
INTERESTED PARTY
(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and
(2) in the case of a civil proceeding in any court or in ally 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 Act, or whose rights to use, acquire. or enjoy property under this Act, or under ally other law of this State or of the United States have been denied, violated. or infringed upon by all action or a failure to act under the M L.U L
LAND Includes improvements and fixtures on, above or below the surface.
LOT A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit
MAINTENANCE GUARANTEE Any security, other then cash which may be accepted by a municipality for the maintenance of any improvements required by the M L U L
MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision
MASTER PLAN A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the MLUL
MAYOR The chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term Mayor shall not mean the Municipal Manager but shall mean the Mayor of such municipality
MUNICIPALITY Any city, borough, town, township or village
MUNICIPAL AGENCY A Municipal Planning Board or Zoning Board of Adjustment, or the governing body of a municipality when acting pursuant to this Act and any agency which is created by or responsible to one (1) or more municipalities when such agency is acting pursuant to the M L U L
NON-CONFORMING LOT A lot the area, 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 reason of such adoption. revision or amendment
NON-CONFORMING STRUCTURE A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which falls to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NON-CONFORMING USE : A use or activity 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.
OFFICIAL COUNTY MAP The map with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County pursuant to N J S A 40:27-5
OFFICIAL MAP A map adopted by ordinance pursuant to Article 5 or the M L U L
OFFSITE 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.
OFF-TRACT . Not located oil the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way
ONSITE : Located on the lot in question
ON-TRACT Located on the property which is the subject of a development application or on a contiguous portion of street or right-of-way
OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARTY IMMEDIATELY CONCERNED . For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the M L U L.
PERFORMANCE GUARANTEE Any security, which may be accepted by a municipality, including cash; provided that a municipality shall not require more than ten (10) percent of the total performance guarantee in cash
PLANNED DEVELOPMENT Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD . The municipal Planning Board established pursuant to Section 15 of this Ordinance.
PLAT : A map or maps of a subdivision or site plan
PRELIMINARY APPROVAL The conferral of certain rights pursuant to Sections 34, 36 and 37 of the M.L.U.L. prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant
PRELIMINARY FLOOR PLANS AND ELEVATIONS Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs
PUBLIC AREAS
(1) Public parks, playgrounds, trails, paths and other recreational areas,
(2) other public open spaces,
(3) scenic and historic sites, and
(4) sites for schools and other public buildings or structures
PUBLIC DEVELOPMENT PROPOSAL : A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto
PUBLIC DRAINAGE WAY The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion, and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen non-point pollution
PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency, or other public body for recreational or conservational uses.
QUORUM The majority of the full authorized membership of a municipal agency.
RESIDENTIAL CLUSTER 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 appurtenance
RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area including streets, easements and open space positions of a development
RE-SUBDIVISION
(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or
(2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyance so as to combine existing lots by deed or other instrument.
SEDIMENTATION The deposition of soil that has been transported from its site or origin by water, ice, wind gravity of other natural means as a product of erosion.
SITE PLAN - A development plan of one (1) or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways,
(2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices,
(3) any other information that may be reasonably required in order to make ail informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of the M L U L
STANDARDS OF PERFORMANCE - Standards (1) adopted by ordinance pursuant to the M L U L regulating noise levels, glare, earthborne or sonic vibrations, heat. electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable Federal or State laws or municipal ordinances
STREETS Any street, avenue, boulevard, road, parkway, viaduct, drive or other way
(1) which is an existing state, county or municipal roadway, or
(2) which is shown upon a plat heretofore approved pursuant to law, or
(3) which is approved by official action as provided by this Act, or
(4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement. shoulders, glitters, curbs, sidewalks, parking areas and other areas within the street lines
STRUCTURE A combination of material to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION : The division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development The following shall not be considered subdivisions within the meaning of this Ordinance, if no new streets are created:
(1) divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size,
(2) divisions of property by testamentary or intestate provisions,
(3) divisions of property upon court order including but not limited to judgments of foreclosure,
(4) consolidation of existing lots by deed or other recorded instrument, and
(5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels oil the tax map or atlas of the municipality The term "subdivision" shall also include the term "resubdivision".
TRANSCRIPT : A typed or printed verbatim record of the proceedings or reproduction thereof.
VARIANCE : Permission to depart from literal requirements of a zoning ordinance pursuant to Sections 47, 29.2b, 57c and 57d of the M L.U L.
ZONING PERMIT A document signed by the Administrative Officer (1) which is required by ordinance 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 (2) which acknowledges that such use, structure, or building complies with the provisions of the municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 of the MLUL
