For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The developer or landowner submitting an application for
development.
The application form and all accompanying documents required
by the Code for approval of a subdivision plat, site plan, plan development,
conditional use, zoning variance or for the issuance of a permit for
the development of all construction on property located in the Borough.
The Planning Board of the Borough
or the Board of Adjustment, where applicable.
An application form completed as specified by this chapter
and the rules and regulations of the municipal agency and all accompanying
documents required by this chapter 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 this chapter
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 this
chapter 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.
[Added 4-15-1980 by Ord. No. 9-80]
A plan intended for informal review and discussion purposes
which presents in a general manner to the Borough Planning Board the
proposed design and features of development but which carries no vesting
rights or obligation to any party.
[Added 12-15-1998 by Ord. No. 31-98]
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[1] and upon the issuance of an authorization therefor by
the Planning Board.
A qualified person appointed by the Mayor or the Council
to enforce and administer the regulations as from time to time are
promulgated by the State Uniform Construction Code.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or any
mining, excavation or landfill; and any use or change in the use of
any building or other structure or land or extension of use of land
for which permission may be required.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during and after construction or development,
necessary for water supply preservation or prevention or alleviation
of flooding.
The official action of the Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of a subdivision or site
plan which is presented to the Board for final approval in accordance
with its regulations and which, if approved, shall be filed with the
Clerk of the county for recording in accordance with law.
All lands lying within designated flood areas, as determined by a map entitled "Special Flood Hazard Area and Floodway Map," dated January 9, 1976, and prepared by the Borough Engineering Department. The general boundaries of such areas are based upon data obtained from the Federal Department of Housing and Urban Development Flood Insurance Study, Type 15, dated December 1974, and more particularly encompassed by the Florham Park Surface Water Management Ordinance (Article VII of this chapter).
A comprehensive plan for the development of a planned commercial
development or a planned unit development as provided by this chapter.
[Added 3-19-2002 by Ord. No. 4-02; amended 12-19-2002 by Ord. No.
22-02A; 3-18-2008 by Ord. No. 08-4]
The Mayor and Council of the Borough.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, to be used, developed or
built upon as a unit. Adjoining parcels in common ownership which
do not meet the dimensional and area requirements for building lots
as set forth in the Zoning Ordinance[2] shall be considered as a single lot for the purposes of
this chapter.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the municipality, which shall have been
duly adopted by the Planning Board in accordance with N.J.S.A. 40:55D-28.
A plan for nonresidential development (other than subdivision)
for any addition, alteration, or modification of less than 1,000 square
feet of floor area and/or less than 2,000 square feet of improved
lot coverage; provided, however, that such plan:
[Added 4-15-1980 by Ord.
No. 9-80; amended 6-13-2019 by Ord. No. 19-12]
Does not involve a planned development, any new street, or extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42;
Does not require the granting of any variances from the zoning requirements of this chapter or waivers from the design standards of Article XV of this chapter;
Does not involve any lot, tract, parcel, building or structure
that was approved as a minor or major site plan within the preceding
18 months;
Is limited to a use permitted by ordinance; and
Contains the information reasonably required in order to make
any informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street, the extension
of any off-tract improvements the cost of which is to be prorated
pursuant to this chapter and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Master Plan, Official Map, Zoning
Ordinance[3] or this chapter; provided, however, that, in the event
that more than one "minor subdivision" from any tract of land as recorded
is submitted, then for the purpose of administering this chapter,
the subsequent subdivision shall be construed as a major subdivision
and shall be processed accordingly.
[Added 4-15-1980 by Ord. No. 9-80]
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance[4] 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.
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 the development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor 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.
Any person, individual, firm, association, legal entity,
syndicate, copartnership or corporation having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide such property under this chapter.
The Planning Board of the Borough.
The map or maps of a subdivision or site plan.
All maps, documents, reports and checklists indicating the
proposed development necessary for a complete application to the Planning
Board sufficient to warrant preliminary action by the Planning Board.
The Borough Sewerage Utility.[5]
[Amended 11-14-2022 by Ord. No. 22-16]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The locations of all existing and proposed buildings,
drives, parking spaces, walkways, landscaping, structures and signs,
lighting and screening devices.
Any other information that may be reasonably
required in order to make an informal determination pursuant to the
provisions of this chapter requiring review and approval of site plans.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat duly filed and recorded
in the office of the Clerk of the county prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, including the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines.
Any owner commencing proceedings under this chapter to effect
a subdivision of land hereunder for himself or for another.
[Added 4-15-1980 by Ord. No.
9-80]
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development. The following
divisions shall not be considered "subdivisions" within the meaning
of this chapter if no new streets or roads are created:
Divisions of land for agricultural purposes
where the resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Borough Clerk to conform
to the requirements of this chapter and are shown and designated as
separate lots, tracts or parcels on the Tax Maps of the Borough of
Florham Park.
Consolidation of existing lots by deed or other
recorded instrument.
A committee comprised of the Borough Engineer, the Borough
Planner, the Planning Board Attorney, the Planning Board Chairman,
and one other member of the Planning Board to be named by the Chairman
for the purpose of determining the completeness of all applications
in accordance with the provisions of this chapter and such other duties
relating to land use or subdivision which may be conferred on this
Committee by the Board
[Amended 3-18-2008 by Ord. No. 08-11; 11-14-2022 by Ord. No.
22-16]
A typed or printed verbatim record of any proceeding or reproduction
thereof.
[Added 4-15-1980 by Ord. No. 9-80]
The permission to depart from the literal requirements of
the Borough Zoning Ordinance[6] as provided herein.
[Added 4-15-1980 by Ord. No. 9-80]
A.
The purpose of this chapter shall be to provide rules,
regulations and standards to guide land subdivision and site plan
review in the Borough in order to promote the public health, safety,
convenience and general welfare of the municipality.
C.
This chapter shall be administered to ensure the orderly
growth and development, the conservation, protection and proper use
of land and provide adequate provisions for circulation, utilities
and services.
A.
The provisions of this chapter shall be administered
by the Borough Planning Board and Zoning Board of Adjustment in accordance
with N.J.S.A. 40:55D-1 et seq.
B.
These rules, regulations and standards established
by this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the Boards under the terms of
this chapter shall give primary consideration to the matters mentioned
above and to the welfare of the entire community. However, if the
subdivider or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impracticable or will exact undue
hardship, the Planning Board may permit such exception as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter and N.J.S.A. 40:55D-51.
C.
As a condition for approval of any development application,
an applicant shall be required to submit proof that no municipal taxes,
liens or assessments for local improvements are due or delinquent
on the property for which said application is made.
[Added 4-15-1980 by Ord. No. 9-80]
Pursuant to N.J.S.A. 40:55D-55, before final
approval has been obtained or, in the case of a minor subdivision,
classification established, no person shall transfer or sell or agree
to sell, except pursuant to an agreement expressly conditioned upon
final subdivision approval, as owner or agent, any land which forms
a part of a subdivision on which, by this chapter, the Planning Board
or Board of Adjustment is required to act.
