A.
ADMINISTRATIVE OFFICER
APPLICANT OR DEVELOPER
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD
BUILDING
COMMON OPEN SPACE
COMPLETE APPLICATION
CONDITIONAL USE
CONVENTIONAL DEVELOPMENT
DAYS
DEVELOPMENT
DIVISION
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVEWAY
ENVIRONMENTAL COMMISSION
EROSION
FARM
FINAL APPROVAL
GOVERNING BODY
HISTORIC SITE
INTERESTED PARTY
(1)
(2)
LAND
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SITE PLAN
MINOR SUBDIVISION
OFFICE BUILDING
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PERSON
PHYSICAL HANDICAP
PLAN
PLANNED COMMERCIAL DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL CLUSTER
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC BUILDING
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESUBDIVISION
SEDIMENTATION
SITE PLAN
SKETCH PLAN
STREET
(1)
(2)
(3)
(4)
(5)
STRUCTURE
SUBDIVISION
TRANSCRIPT
Definitions. Unless the context otherwise indicates,
the following definitions shall be used in the interpretation and
construction of this chapter:
The Planning Board Secretary, unless a different municipal
official or officials are designated by ordinance or statute.
[Amended 6-7-1999 by Ord. No. 15-99]
A developer submitting an application for development. The
legal or beneficial owner or owners of a lot or of any land proposed
to be included in the proposed development, including the holder of
an option or contract to purchase, or other person having an enforceable
proprietary interest in the land.
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 law.
The Planning Board of Mendham or the Mendham Board of Adjustment, as the case may be, as provided in Article III.
The Planning Board of the Borough of Mendham.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
An open space area within or related to a site designated
as a development and designed and intended for use or enjoyment by
residents and owners of the development. Common open space may contain
such complementary structures and improvements as are necessary and
appropriate for use or enjoyment by residents and owners of the development.
An application form completed as specified by ordinance and
the rules and regulations of the approving authority and all accompanying
documents required by ordinance 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 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 approving authority. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the approving authority
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 approving authority.
[Amended 4-21-1980 by Ord. No. 8-80]
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 215, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
Development other than a planned development.
The number of calendar days for the purpose of this chapter.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any excavation or landfill; and any use
or change in use of any building or other structure or land or extension
of use of land for which permission may be required.
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
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, 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.
[Amended 6-7-1999 by Ord. No. 15-99]
The lands required for the installation of stormwater sewers
or drainage ditches or those required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located, and such additional
land, in conformance with the minimum lot size of the residential
zone in which the farm is located, as may actually be used in connection
with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5
and 54:4-23.11.
The official action of the approving authority 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, which, in the case of subdivision, shall be filed
with the proper county recording officer.
The Mayor and Borough Council of the Borough of Mendham.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
Mendham Borough or the nation and has been so designated.
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 Mendham Borough, whose
right to use, acquire or enjoy property is 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
the United States have been denied, violated or infringed by an action
or failure to act under this code.
Includes improvements and fixtures on, above or below the
ground 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 which may be accepted by the Borough of Mendham
for the maintenance of any improvements required by this chapter,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 6-7-1999 by Ord. No. 15-99]
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of Mendham Borough which shall have been duly adopted
by the Mendham Planning Board.
[Amended 6-7-1999 by Ord. No. 15-99]
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan, does not involve planned development,
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.
[Added 4-21-1980 by Ord. No. 8-80]
Any subdivision of land for the creation of not more than three lots fronting on an existing approved public street, provided that such subdivision does not involve a planned development, does not involve any new street, does not involve the extension of any off-tract improvement the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and does not adversely affect the development of the remainder of the parcel or adjoining property or conflict with any provision or portion of the Master Plan, Chapter 215, Zoning, or this chapter; provided, further, that in the event that more than one minor subdivision from any tract of land, as recorded at the time of the passage of this chapter, is submitted within a five-year period from the date of approval of the first minor subdivision, then, for the purpose of administering this chapter, said subsequent subdivision shall be construed as a major subdivision and processed accordingly. Notwithstanding the foregoing, the Planning Board may construe and process the same as a minor subdivision if the prior subdivision was either a conveyance of a small parcel of land (less than a building lot) between adjoining property owners primarily for the purpose of straightening or correcting boundaries, which conveyance shall become part of the adjoining lot, or a conveyance of a parcel of land to any government, governmental agency or public utility which possesses the power of eminent domain.
[Amended 4-21-1980 by Ord. No. 8-80]
Under the provisions of Chapter 220 of the Laws of 1975[1] pertaining to physically handicapped persons, a building
or structure of more than 10,000 square feet of gross floor area wherein
any commercial or business activity or service is performed or a profession
is practiced or wherein any combination thereof is performed or practiced
in all or the majority of such building or structure.
A map and accompanying ordinance adopted by the governing
body of Mendham 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 parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
use or enjoyment or for use and enjoyment by 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.
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 Mendham Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash.
Any individual, firm, association, partnership, corporation,
syndicate, copartnership, trust or other legal entity.
A physical impairment which confines a person to a wheelchair;
causes a person to walk with difficulty or insecurity; affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger; causes faulty coordination;
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed for the safety of that person.
The provisions for development of a planned development,
including a plat of subdivision; all covenants relating to use; location
and bulk of buildings and other structures; intensity of use or density
of development; public or private streets, ways and parking facilities;
open space; and public facilities. The phrase "provisions of the plan,"
when used in this chapter, shall mean the written and graphic materials
referred to in this definition.
An area of a minimum contiguous size, as specified in Chapter 215, Zoning, 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.
Includes planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
An 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.
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 its site and immediate environs.
Includes 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.
Under the provisions of Chapter 220 of the Laws of 1975[2] pertaining to physically handicapped persons, 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, 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 drainage function 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.
[Amended 6-7-1999 by Ord. No. 15-99]
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.
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.
[Amended 6-7-1999 by Ord. No. 15-99]
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 this
chapter.
The sketch design of a subdivision or site plan of sufficient
accuracy to be used for the purposes of discussion and classification
and meeting the requirements of this chapter.
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 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 the 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 and
parking areas and other areas within the street lines. For the purpose
of this chapter, "streets" shall be classified as follows:
[Amended 12-1-1980 by Ord. No. 18-80; 6-7-1999 by Ord. No. 15-99]
PRIMARY THOROUGHFARESThose which are used primarily for fast or heavy traffic.
SECONDARY ARTERIAL AND COLLECTOR ROADWAYSThose 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 development.
LOCAL STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
PRIVATE STREETAn accessway servicing more than one building lot and which has not been accepted as a public street or highway. (See Article II of Chapter 190, Streets and Sidewalks.)
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, whether immediate
or future, for sale or development. The following shall not be considered
subdivisions within the meaning of this chapter if no new streets
are created or extensions of utilities are required: division of land
found by the approving authority 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; and 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 or designated as separate lots, tracts or parcels on the Tax
Map of the Borough of Mendham. The term "subdivision" shall also include
the term "resubdivision."
[Amended 4-21-1980 by Ord. No. 8-80]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 4-21-1980 by Ord. No. 8-80]
B.
Word usage. Words used in the present tense include
the future; the singular number shall include the plural, and the
plural the singular. The word "person" includes a corporation as well
as an individual; the word "lot" includes the word "plot"; 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"; and the
word "may" is permissive.
