This Part 2 shall be known and may be cited as the "Land Development
Regulations of the Township of Clark."
A.
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.
B.
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.
C.
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.
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.
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]
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.
A qualified person appointed to enforce and administer the
regulations of the State Uniform Construction Code.[1]
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.
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]
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.
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.
All subdivisions not classified as minor subdivisions.
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]
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.
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]
Any subdivision:
Resulting in not more than three lots fronting on an existing
street.
Not involving any new streets or roads or the extension of Township
facilities.
Not adversely affecting the remainder of the parcel or other
property.
Not adversely affecting the development or probable development
of the remainder of the parcel.
Not creating or contributing to drainage problems or engineering
problems.
Not creating any access problems.
Not in conflict with any provision or portion of the Master
Plan; Official Map; Part 3, Zoning; health codes; or of this Part
2.
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.
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]
The Planning Board of the Township.
The map or maps of a subdivision.
A map indicating the proposed layout of the subdivision which is submitted for tentative approval and meeting the requirements of Article XIII.
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]
The Township of Clark or the Rahway Valley Sewerage Authority.
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, means
of ingress and egress, drives, parking spaces, walkways, landscaping,
signs, lighting and screening devices and drainage facilities and
utilities.
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:
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
DEAD-END STREETSThose used primarily for access to abutting properties, having a length not to exceed 1,000 feet, with only one outlet and a turnaround at the closed end.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
Any person commencing proceedings under this Part 2 to effect
a subdivision of land hereunder for himself/herself or for another.
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:
"Subdivision" also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided.[2]
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]
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.
