This Part 2 shall be known and may be cited as the "Land Development Regulations of the Township of Clark."
The purpose of this Part 2 shall be to provide rules, regulations and standards to guide land subdivision and site plan review in the Township in order to promote the public health, safety, convenience and general welfare of the Township.
This Part 2 adopts all of the applicable mandatory provisions of the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
This Part 2 shall be administered to ensure the orderly growth and development of the community, with emphasis on the protection and proper use of land, and to provide adequate provisions for circulation, utilities and services. The conservation of land through the preservation of trees, natural vegetative areas and appropriate landscaping will enhance soil stability and will improve water quality.
[Amended 7-18-2005 by Ord. No. 05-15]
As used in this Part 2, the following terms shall have the meanings indicated:
- The developer or landowner submitting an application for development.
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required by this Code for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or for the issuance of a permit for the development of all construction on property located in the Township.
- The Planning Board of the Township, or the Zoning Board of Adjustment where applicable.
- CERTIFICATE OF OCCUPANCY
- A certificate issued by the Construction Code Official upon
the completion of the construction, erection, or alteration of a building
upon its use or occupancy, or upon any change in the use or occupancy
of a building or other structure or lot or area of land, or part thereof,
certifying that all applicable requirements have been complied with.[Added 4-16-2018 by Ord. No. 18-09]
- 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 Part 3, Zoning, Article XXVIII, and upon the issuance of an authorization therefor by the Planning Board.
- CONSTRUCTION CODE OFFICIAL
- A qualified person appointed to enforce and administer the regulations of 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 necessary for water supply preservation or prevention or alleviation of flooding, including the control of runoff to minimize erosion and sedimentation during and after construction or development.
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for a flow of water therein
to safeguard the public against flood damage.[Amended 1-17-2012 by Ord. No. 12-01]
- FINAL APPROVAL
- The official action of the Board taken on a preliminary approved major subdivision or site plan, or part thereof, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
- FINAL PLAT
- The final map of all or a portion of the subdivision which is presented to the Township Planning Board for final approval in accordance with regulations established by this Part 2 and which, if approved, shall be filed with the proper County Recording Officer.
- 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 Part 3, Zoning, shall be considered as a single lot for the purposes of this Part 2.
- MAJOR SUBDIVISION
- All subdivisions not classified as minor subdivisions.
- MAINTENANCE GUARANTEE
- Any security that may be required and accepted by the Township Council to ensure that necessary improvements will function as required for a period not to exceed two years from the date of final acceptance of the improvement. The maintenance guarantee takes effect upon the Township Council's acceptance of the completed improvements and the release of the performance guarantee. (See § 195-65, Guarantees required).[Added 4-16-2018 by Ord. No. 18-09]
- MASTER PLAN
- A composite of the mapped and written proposals recommending the physical development of the Township, which has been duly adopted by the Planning Board in accordance with N.J.S.A. 40:55D-28.
- MINOR SITE PLAN
- A development plan of one or more lots which proposes the
expansion of an existing facility within the scope of development
specifically permitted as a minor site plan, does not involve planned
development of any new street or extension of any off-tract improvement
which is to be prorated pursuant to N.J.S.A. 40:55D-42, and contains
the information reasonably required in order to make an informed determination
as to whether the requirements established by ordinance for approval
of a minor site plan have been met. The portion of a site proposed
for development as a minor site plan shall be limited to a change
not exceeding 10% of the overall site area of the lots and blocks
being developed.[Added 1-17-2012 by Ord. No. 12-01]
- MINOR SUBDIVISION
- Any subdivision:
- A. Resulting in not more than three lots fronting on an existing street.
- B. Not involving any new streets or roads or the extension of Township facilities.
- C. Not adversely affecting the remainder of the parcel or other property.
- D. Not adversely affecting the development or probable development of the remainder of the parcel.
- E. Not creating or contributing to drainage problems or engineering problems.
- F. Not creating any access problems.
- G. Not in conflict with any provision or portion of the Master Plan; Official Map; Part 3, Zoning; health codes; or of this Part 2.
- NONCONFORMING 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.
- 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 within a 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 or developed to commence and maintain proceedings to subdivide or develop such property under this Part 2.
- PERFORMANCE GUARANTEE
- Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Board approves a final
plat or site plan, including performance bonds, escrow agreements
and other similar collateral or surety agreements. The guarantee shall
be approved by the Township Engineer as to the amount and the Township
Attorney as to the form. The guarantee can be provided in the form
of a bond, a bank letter of credit, or cash. In each case, a minimum
cash deposit of 10% shall be required).[Amended 4-16-2018 by Ord. No. 18-09]
- PLANNING BOARD
- The Planning Board of the Township.
- The map or maps of a subdivision.
- PRELIMINARY PLAT
- A map indicating the proposed layout of the subdivision which is submitted for tentative approval and meeting the requirements of Article XIII.
- SAFETY AND STABILIZATION GUARANTEE
- A form of performance guarantee in favor of the Township which may be furnished either as a separate guarantee or as a line item of the developer's performance guarantee. This guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition. (See § 195-65, Guarantees required).[Added 4-16-2018 by Ord. No. 18-09]
- SEWERAGE AUTHORITY
- The Township of Clark or the Rahway Valley Sewerage Authority.
- SITE PLAN
- A development plan of one or more lots on which is shown:
- A. The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways.
- B. The locations of all existing and proposed buildings, means of ingress and egress, drives, parking spaces, walkways, landscaping, signs, lighting and screening devices and drainage facilities and utilities.
- C. Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this Part 2 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 Township roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a map or 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. "Street" also includes 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. For the purpose of this Part 2, the Planning Board, with the advice of the Township Engineer, shall classify the streets as follows:
- Any person commencing proceedings under this Part 2 to effect a subdivision of land hereunder for himself/herself or for another.
- A. 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, except that the following divisions shall not be considered subdivisions, provided that no new streets or roads are involved:
- B. "Subdivision" also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
- TEMPORARY CERTIFICATE OF OCCUPANCY GUARANTEE
- A form of performance guarantee in favor of the Township posted in cash, good funds or pursuant to a performance bond issued by an insurance company, approved by the Township and authorized to conduct business within the State of New Jersey, which may be furnished to secure the completion of improvements that are required by a site plan or subdivision approval, a developer's agreement, an ordinance, or a regulation requiring dedication to a public entity, and that have not yet been installed. The amount of the guarantee shall be determined by the Township Engineer. The posting of this guarantee is necessary for the Construction Code Official to issue a temporary permit to authorize a land use activity with conditions and for a limited period of time. (See § 195-65, Guarantees required).[Added 4-16-2018 by Ord. No. 18-09]
- TEMPORARY CERTIFICATE OF OCCUPANCY (TCO)
- A document issued by the Construction Official or other duly
authorized representative of the Township, allowing the occupancy
or use of a building or site, and certifying that the structure, facility
or use will be constructed and will be used in compliance with all
the applicable Township approvals, codes, ordinances, and agreements.
It is a form of permit with specific conditions, with limits imposed,
backed by a required guarantee (See "temporary certificate of occupancy
guarantee") and a specific time duration to be established by the
Construction Official or other duly authorized representative. Since
the purpose of the certificate of occupancy is to ensure that construction
has been performed in complete conformance with the Uniform Construction
Code and site plan or subdivision approval requirements, a temporary
certificate of occupancy (TCO) may be issued if the parts of the building
or site to be covered by the certificate may be occupied without endangering
the health and safety of the occupants or users, in the sole opinion
of the Construction Official or other duly authorized representative.
As adopted herein, this requirement is interpreted to mean that utilities,
including, but not limited to, water, sewer, gas, and electric, must
be installed and in service. Temporary certificates of occupancy shall
be issued for time periods not to exceed six months in duration. Temporary
certificates of occupancy may be extended only after documenting a
diligent pursuit of the completion of the remaining work, in the sole
opinion of the Construction Official or other duly authorized representative.
In no case shall a temporary certificate of occupancy exceed one year.
Should a TCO be in place for one year, the Township reserves the right
to utilize any guarantees to complete the work as may be required.[Added 4-16-2018 by Ord. No. 18-09]
- Permission to depart from the literal requirements of Part 3, Zoning.