Unless the context otherwise indicates, the
following definitions shall be used in the interpretation and construction
of this chapter. Words used in the present tense include the future,
and the future the present; the singular number shall include the
plural, and the plural the singular. The word "lot" includes the word
"plot." The word "structure" includes the word "building." The word
"occupied" includes the words "designed or intended to be occupied."
The word "used" shall include the words "arranged, designed, constructed,
altered, converted, rented, leased or intended to be used." The word
"excavate" includes the words "mine and move." The word "shall" is
mandatory and not optional, and the word "may" is permissive.
As used in this chapter, the following terms
shall have the meanings indicated:
Municipal agency or its authorized committee or designee.
Any changes in the supporting members of a building, such
as bearing walls, columns, beams or girders.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for a subdivision, site plan, conditional use, zoning
variance or direction for the issuance of a permit pursuant to law,
as required by this chapter and the rules and regulations of the approving
authority.
The Planning Board of Riverdale or the Riverdale Zoning Board of Adjustment, as the case may be, as provided in Article III herein.
The Planning Board of the Borough of Riverdale.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls
and intended for the shelter, business, housing or enclosing of persons,
animals or property.
A change from any of the uses specifically enumerated in
the Zoning Ordinance[1] as principal uses, for any of the zones set forth therein,
to any other use enumerated therein. Change of occupancy by itself
shall not be considered a change of use.
An application form completed as specified in this chapter and the rules and regulations of the approving authority and all accompanying documents as required in § 149-8 herein for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the approving authority 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 approving authority. 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 45 days of the date of its submission the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of 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.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location shall comply with
the conditions and standards for the location or operation of such
use as contained in the Zoning Ordinance[2] and upon the issuance of an authorization therefor by
the approving authority.
A document issued by the administrative officer which is required as a condition precedent to the installation of any improvement and the issuance of a building permit, where applicable, and as further provided in § 149-44 herein.
Development other than planned development.
The Morris County Planning Board.
The number of calendar days for the purpose of this chapter.
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system. For the purpose of this chapter, outlet
discharge after development shall control the peak discharge of a
one-hundred-year storm to the maximum rate of discharge occurring
from a twenty-five-year storm with existing surface development.
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.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution and to maintain the integrity of stream channels
for their biological functions, as well as for drainage and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The land used for the installation of stormwater sewers or
drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as the drainage functions 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 nonpoint
pollution.
A private way providing vehicular access to one or more parcels
of property.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
To dig, move, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour; to transport
or to supply.
The official action of the approving authority taken on a
preliminary-approved major subdivision or major 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 rivers or other watercourses and adjacent land areas
subject to inundation in the event of the design flood. These areas
shall include the floodway and flood fringe areas as delineated on
the Flood Insurance Study for the Borough of Riverdale, dated October
1985, with accompanying Flood Insurance Rate Maps and Flood Boundary
Maps prepared by the Federal Emergency Management Agency.
The rivers or other watercourses and the adjacent land area
to be reserved in order to discharge the design flood without cumulatively
increasing the water surface elevation more than 0.2 foot.
The residential portion of a dwelling unit, excluding basements,
attics, porches, terraces, breezeways, carports, heating rooms, unheated
areas and garages, measured by using the area within the outside of
exterior walls. In nonresidential uses, areas used for storage space
shall be included in the gross floor area. The gross floor area of
a townhouse, apartment or other attached structure shall be measured
from the center of interior walls and the outside of exterior walls.
In residential uses, the ceiling height of 75% of the area must be
at least seven feet six inches with a permanent fixed access.
The Mayor and Borough Council of the Borough of Riverdale.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls of the building.
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, including but not limited
to driveways, tennis courts, parking areas, garages, walkways, patios,
loading areas, hard surfaces or other man-made improvements. Detention
or retention basins shall be excluded from such calculations, provided
that same are constructed of natural materials.
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 Borough of Riverdale,
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 failure to act under this chapter.
Includes improvements and fixtures on, above or below the
surface.
An off-street space or berth on the same lot with a building
or a group of buildings for temporary parking of a commercial vehicle
while loading or unloading merchandise, materials or equipment.
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.
The percentage of a lot area which is occupied by buildings
and accessory structures, including swimming pools, porches, decks,
chimneys and other related building appurtenances.
A plan for a residential lot showing all existing and proposed conditions and structures within the lot, as further provided for in § 149-8G herein.
Any security which may be accepted by the Borough of Riverdale, other than cash, for the maintenance of required improvements in accordance with Article XI herein.
Any site plan required by this chapter not classified as
a minor site plan.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough of Riverdale which shall have been
duly adopted by the Riverdale Planning Board.
A site plan required by this chapter, as further provided in Article VII herein, and which does not involve:
A planned development.
Any new street.
The installation or extension of any off-tract
improvement.
A request for any type of variance.
A request for a conditional use approval.
A soil mining permit from the Borough of Riverdale
or approval from the Soil Conservation Service.
A request for a subdivision.
A subdivision of land for the creation of not more than two
lots, including the remainder of the parcel, provided that such subdivision
does not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to the Municipal Land Use Law,[3] and has not been the subject of a minor subdivision within
the past five years.
Chapter 291 of the Laws of 1975 of the State of New Jersey
and any amendments thereto.[4]
Pollution from any source other than from any discernible,
confined and discrete conveyance and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A map and accompanying ordinance adopted by the governing
body of the Borough of Riverdale pursuant to law. Such map shall be
deemed to be conclusive with respect to the location and width of
streets and public drainageways and the location and extent of flood
control basins and public areas, whether or not such streets, ways,
basins or areas are improved or unimproved or are in actual physical
existence.
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.
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 area exclusively designated for the temporary storage
of automobiles and other vehicles for the private use solely by the
occupants thereof to which such use is accessory.
Any area other than a street or other public way exclusively
designated for the temporary storage of automobiles and other vehicles
and available to the public, whether for a fee or without compensation,
or as an accommodation for clients, customers or employees.
A place that is arranged and intended, exclusively, for the
parking of one motor vehicle in a parking area or a garage in accordance
with the requirements of this chapter. A parking space shall also
mean a parking stall.
For the purposes of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice.
Any security which may be accepted by the Borough of Riverdale, including cash, for assuring the installation of required improvements in accordance with Article XI herein.
Any individual, firm, association, partnership, corporation,
syndicate, copartnership, trust or other legal entity.
A map or maps of a subdivision or site plan pursuant to the
provisions of this chapter.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the approving authority 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 the site and immediate environs,
as well as its general design and materials proposed to be used in
construction.
For the purpose of determining the applicability of the physically
handicapped persons laws under the provisions of Chapter 220 of the
Laws of 1975,[5] any building, structure, facility or complex used by the
general public, including but not limited to theaters, concert halls,
auditoriums, museums, schools, libraries, recreational facilities,
public transportation terminals and stations, houses of worship, factories,
office buildings, business establishments, passenger vehicle service
stations, shopping centers, hotels or motels and public eating places,
constructed by any state, county or municipal government agency or
instrumentality or any private individual, partnership, association
or corporation, with the following exceptions: one- to four-family
private residences, warehouse storage areas and all buildings classified
as hazardous occupancies. As used herein, "hazardous occupancy" means
the occupancy or use of a building or structure or any portion thereof
that involves highly combustible, highly flammable or explosive material
or which has inherent characteristics that constitute a special fire
hazard.
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 biological as well as the drainage
functions 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
nonpoint pollution.
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.
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground. Retention
basins shall be designed to accept all surface waters from a one-hundred-year
storm and absorb same within a seven-day period.
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.
That distance necessary to provide a driver with clear visible
sight along an intersecting street to safely cross and enter an intersection;
and that distance necessary for a driver entering or exiting a driveway
to have clear visible sight along the intersecting street to safely
cross or enter the intersection.
An area of land established at the intersection of one or
more streets and/or driveways, defined by three points: the first
being the intersection of the center line of the intersecting street
or driveway and the center line of the intersected street, and the
second and third points being those points defined under "sight distance"
herein.
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, signs and lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination by the approving
authority pursuant to state law.
The ratio of rise of land to horizontal separation of this
rise. For the purpose of this chapter, a slope shall be determined
by dividing vertical elevation difference on adjacent contour lines
by the scaled horizontal distance perpendicular to these adjacent
contour lines.
The Soil Mining Ordinance of the Borough of Riverdale and
any amendments thereto.[6]
Land surface gradients of 15% or greater. "Steep slopes"
shall also mean steep topography.
Any natural body of water flowing continuously or intermittently,
whether designated as a stream, brook, river or otherwise, and consisting
of a bed, bank and water.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; 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. For the purpose of
this chapter, streets shall be classified as major collector streets,
minor collector streets and local streets.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street, as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough, the street line shall be considered to be the proposed right-of-way
line for the 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
within the meaning of this chapter 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, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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 on
the Tax Map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
A subarea of a watershed with a tributary area of 30 acres
or more.
All water produced by rain, flood, drainage, springs and
seeps flowing over the land or contained within a natural or artificial
watercourse.
Any woody perennial plat with one main trunk, such trunk
having a diameter of at least eight inches when measured four feet
above the level of the existing grade.
The point where the proposed fill slope intersects with the
existing ground surface.
The point where the proposed cut slope intersects with the
existing ground surface.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The specific purpose for which land or a building, structure
or facility is designed, arranged or intended or for which it is or
may be occupied or maintained.
Permission to depart from the literal requirements of the
Zoning Ordinance of the Borough of Riverdale.[7]
Rivers, streams, brooks, waterways, lakes and all other bodies
of water, whether public or private, excluding piped drainage systems,
which are contained within, flow through or border on the Borough
of Riverdale and which receive or conduct surface water runoff.
