A.
As used in this chapter, the word "shall" indicates a
mandatory requirement and the word "may" indicates permissive action.
B.
ADMINISTRATIVE OFFICER
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD OF ADJUSTMENT
BUILDING
CAPITAL IMPROVEMENT
CIRCULATION
COMMON OPEN SPACE
CONDITIONAL USE
CONVENTIONAL
COUNTY MASTER PLAN
DAYS
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DIVISION
DRAINAGE
EROSION
FINAL APPROVAL
GOVERNING BODY
HISTORIC SITE
INTERESTED PARTY
LAND
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
MUNICIPAL AGENCY
MUNICIPALITY
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PLANNED COMMERCIAL DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED INDUSTRIAL DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUORUM
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
SEDIMENTATION
SITE PLAN
STANDARDS OF PERFORMANCE
STREET
(1)
(2)
(3)
(4)
(5)
STRUCTURE
SUBDIVISION
VARIANCE
ZONING PERMIT
As used in this chapter, the following terms shall have
the meanings indicated:
The Pemberton Borough Clerk, unless a different Borough official
or officials are designated by ordinance or statute.
A developer submitting an 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 Municipal Land Use Law.[1]
The Pemberton Borough Planning Board, unless a different agency is
designated by ordinance, when acting pursuant to the authority of the Municipal
Land Use Law.
The board established pursuant to Section 56 of the Municipal Land
Use Law.[2]
A combination of materials to form a construction adapted to permanent,
temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction
project.
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.
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.
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 Chapter 210, Zoning, and upon the issuance of an authorization therefor by the Pemberton Borough Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development of Burlington
County with the accompanying maps, plats, charts and descriptive and explanatory
matter adopted by the Burlington County Planning Board pursuant to N.J.S.A.
40:27-2 and N.J.S.A. 40:27-4.
Calendar days.
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 of 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 pursuant
to this act.
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 Municipal Land
Use Law.
The Division of State and Regional Planning in the Department of
Community Affairs.
The removal of surface water or groundwater from land by drains,
grading or other means and includes the control of runoff to minimize erosion
and sedimentation during and after construction or development and the means
necessary for water supply preservation or prevention or alleviation of flooding.
The detachment and movement of soil or rock fragments by water, wind,
ice and gravity.
The official action of the Pemberton Borough Planning Board taken
on a preliminary approved major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guaranties properly posted
for their completion, or approval conditioned upon the posting of such guaranties.
The Borough Council of Pemberton.
Any building, structure, area or property that is significant in
the history, architecture, archaeology or culture of this state, its communities
or the nation and that has been so designated pursuant to the Municipal Land
Use Law.
In a criminal or quasi-criminal proceeding, any citizen of the State
of New Jersey; 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.
Includes improvements and fixtures on, above or below the surface.
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.
Any security, other than cash, which may be accepted by the Borough
of Pemberton for the maintenance of any improvements required by the Municipal
Land Use Law.
Any subdivision not classified as a minor subdivision.
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.[3]
A subdivision of land that does not involve the creation of more
than three lots, planned development, any new street or extension of any off-tract
improvement.
A municipal Planning Board or Board of Adjustment, or a governing
body of a municipality when acting pursuant to the Municipal Land Use Law,
and any agency which is created by or responsible to one or more municipalities
when such agency is acting pursuant to said law.
Any city, borough, town, township or village.
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.
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 reason 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 fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment.
The map, with changes and additions thereto, adopted and established
from time to time by resolution of the Board of Chosen Freeholders of Burlington
County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.
Located outside the lot lines of the lot in question but within the
property (of which the lot is a part) which is the subject of a development
application or the closest half of the street or right-of-way abutting the
property of which the lot is a part.[4]
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.[5]
Located on the lot in question and excluding any abutting street
or right-of-way.[6]
Located on the property which is the subject of a development application
or on the closest half of an abutting street or right-of-way.[7]
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.
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 Section 7.1 of the Municipal Land Use Law.[8]
Any security which may be accepted by the Borough of Pemberton, including
cash, provided that the Borough of Pemberton shall not require more than 10%
of the total performance guaranty in cash.
An area of a minimum contiguous or noncontiguous size, as specified
by ordinance, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate commercial
or office uses, or both, and any residential and other uses incidental to
the predominant use as may be permitted by ordinance.[9]
Planned unit development, planned unit residential development, residential
cluster, planned commercial development or planned industrial development.
An area of a minimum contiguous or noncontiguous size, as specified
by ordinance, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate industrial
uses and other uses incidental to the predominant use as may be permitted
by ordinance.[10]
An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter 210, Zoning.[11]
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.[12]
The Pemberton Borough Planning Board established pursuant to Section
14 of the Municipal Land Use Law.[13]
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to Sections 34, 36 and 37
of the Municipal Land Use Law[14] prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory stages
of the design of a project illustrating in a schematic form its scope, scale
and relationship to its site and immediate environs.
Public parks, playgrounds, trails, paths and other recreational areas;
other public open spaces; scenic and historic sites; and sites for schools
and other public buildings and structures.
A Master Plan, capital improvement program or other proposal for
land development adopted by the Borough of Pemberton, or any amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to the Borough
of Pemberton and any of its agencies, Board of Education, state or county
agency or other public body for recreational or conservational uses.
The majority of the full authorized membership of the Borough of
Pemberton.
A contiguous or noncontiguous 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.[15]
The number of dwelling units per gross acre of residential land area,
including streets, easements and open space portions of a development.
The further division or relocation of lot lines of any lot or lots
within a subdivision previously made and approved or recorded according to
law or the alteration of any streets or the establishment of any new streets
within any subdivision previously made and approved or recorded according
to law, but does not include conveyances so as to combine existing lots by
deed or other instrument.
The deposition of soil that has been transported from its site of
origin by water, ice, wind, gravity or other natural means as a product of
erosion.
A development plan of one or more lots on which is shown the existing
and proposed conditions of the lot, including but not necessarily limited
to topography, vegetation, drainage, floodplains, marshes and waterways; the
location of all existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting and screening devices; and any other information
that may be reasonably required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans by the
Planning Board adopted pursuant to Article 6 of the Municipal Land Use Law.
Standards adopted by ordinance pursuant to Subsection 52d of the
Municipal Land Use Law,[16] regulating noise levels, glare, earthborn or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable 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 Borough of Pemberton; or standards required by
applicable federal or state laws or municipal ordinances.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other
way which is an existing state, county or municipal roadway, or which is shown
upon a plat heretofore approved pursuant to law, or which is approved by official
action as provided by the Municipal Land Use Law, or which is shown on a plat
duly filed and recorded in the office of the county recording officer prior
to the appointment of a Planning Board and the grant to such Board of the
power to review plats; and includes the land between the street lines, whether
improved or unimproved and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines. Streets
are classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface of
a parcel of land.
The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following
shall not be considered subdivisions if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof appointed
by the Chairman to be for agricultural purposes, where all resulting parcels
are five acres or larger in size; divisions of property by testamentary or
intestate provisions; divisions of property upon court order; and conveyances
so as to combine existing lots by deed or other instrument. The term "subdivision"
shall also include the term "resubdivision."
A document signed by the administrative officer 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 which acknowledges that such use, structure
or building complies with the provisions of the Borough of Pemberton Zoning
Ordinance or variance therefrom duly authorized by a municipal agency pursuant
to Sections 47 and 57 of the Municipal Land Use Law.[19]
[1]
Editor's Note: See N.J.S.A. 40:55D-34 or 40:55D-36, respectively.
[2]
Editor's Note: See N.J.S.A. 40:55D-69.
[3]
Editor's Note: See N.J.S.A. 40:55D-28.
[8]
Editor's Note: See N.J.S.A. 40:55D-12.
[13]
Editor's Note: See N.J.S.A. 40:55D-23.
[14]
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49.
[16]
Editor's Note: See N.J.S.A. 40:55D-65d.
[18]
Editor's Note: See N.J.S.A. 40:55D-60, 40:55D-40b and 40:55D-70c
and d, respectively.
[19]
Editor's Note: See N.J.S.A. 40:55D-60 and 40:55D-70.
