A.Â
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;
the singular number shall include the plural and the plural the singular.
The word "structure" shall include the word "building"; 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"; and the word "used" shall include the
words "arranged, designed, constructed, altered, converted, rented,
leased or intended to be used." The word "may" is permissive.
B.Â
ADMINISTRATIVE OFFICER
ANCILLARY SERVICES
APPLICANT or DEVELOPER
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD[3]
BUILDING
CIC
CLOSTER IMPROVEMENT COMMISSION
CODE ENFORCEMENT OFFICER
COMMON OPEN SPACE
COMPLETE APPLICATION
CONDITIONAL USE
CONSTRUCTION OFFICIAL
CONVENTIONAL DEVELOPMENT
COUNTY PLANNING BOARD
CUL-DE-SAC
DAYS
DEVELOPMENT
DISTRICT
DIVISION
DRAINAGE
DRAINAGE RIGHT-OF-WAY
ENVIRONMENTAL COMMISSION
ERECT
EROSION
FARM
FINAL APPROVAL
GOVERNING BODY
HISTORIC DISTRICT
HISTORIC SITE
INTERESTED PARTY
(1)Â
(2)Â
LAND
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SITE PLAN
MINOR SUBDIVISION
NONCONFORMING SIGN
OFFICE BUILDING
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFECTED APPLICATION
PERFORMANCE GUARANTY
PHYSICAL HANDICAP
PLAN
PLANNED COMMERCIAL DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED INDUSTRIAL DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC BUILDING
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RELETTERING
RESIDENTIAL CLUSTER
RESUBDIVISION
SEDIMENTATION
SIGHT TRIANGLE
SIGN
SITE PLAN
(1)Â
(2)Â
(3)Â
SKETCH PLAT
STREET
(1)Â
(2)Â
(3)Â
(4)Â
SUBDIVISION
SUBDIVISION APPLICATION
TEMPORARY/PROMOTIONAL SIGN
TEMPORARY WINDOW SIGN
TRANSCRIPT
WINDOW SIGNS
ZONING OFFICER
As used in this chapter, the following terms shall
have the meanings indicated:[1]
The Secretary to the Planning Board for any application before
the Planning Board and the Secretary to the Board of Adjustment for
any application before the Board of Adjustment.[2]
Services offered which would not be considered within the
normal scope of the stated business of the enterprise.
[Added 12-27-2000 by Ord. No. 2000:839; amended 1-5-2004 by Ord. No. 2003:912]
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 the Borough of Closter or the Borough of Closter Board of Adjustment, as the case may be, as provided in Article III.
The Planning Board of the Borough of Closter.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
Closter Improvement Commission.
[Added 1-5-2004 by Ord. No. 2003:912]
See Chapter 29.
[Added 1-5-2004 by Ord. No. 2003:912]
See Chapter 147.
[Added 1-5-2004 by Ord. No. 2003:912]
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.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency 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 municipal agency 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 municipal agency. 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 municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for the purposes of the commencement of the
time period for action by the municipal agency.
[Added 4-21-1980 by Ord. No. 1980:372]
A use permitted in a particular zoning district only upon
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 the Zoning Ordinance[4] and upon the issuance of an authorization therefor by
the Planning Board.[5]
See definition of "Construction official" as provided in
the Department of Community Affairs regulations, N.J.A.C. 5:23-1.4.
[Added 1-5-2004 by Ord. No. 2003:912]
Development other than planned development.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
[Added 4-21-1980 by Ord. No. 1980:372]
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary, to the extent such design
comports with the standards set forth in the Code of the Borough of
Closter.
[Added 11-13-2002 by Ord. No. 2002:880]
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 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.
One of any zones or use districts as designated in Chapter 200 of the Code of the Borough of Closter.
[Added 12-27-2000 by Ord. No. 2000:839]
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, including 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 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 the flow of water therein
to safeguard the public against floods.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting of wall signs.
[Added 12-27-2000 by Ord. No. 2000:839]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
An area of land which is actively devoted to agriculture
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
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, which, in the case of a subdivision, shall be
filed with the proper county recording officer.
The Mayor and Borough Council of the Borough of Closter.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
[Added 1-3-1994 by Ord. No. 1993:663]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
[Amended 1-3-1994 by Ord. No. 1993:663]
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 Closter 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 chapter.
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.
Security, other than cash, which may be accepted by the Borough
of Closter for the maintenance of any improvements required by this
chapter.
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 Closter which shall have been duly
adopted by the Borough of Closter Planning Board.
A development plan of one or more lots which proposes a change of use to a use permitted in the zoning district, provided that the proposed permitted use will not have a greater adverse affect than the existing use on circulation, water supply, sewage disposal, drainage, landscaping, signs, lighting, off-street parking or loading or the lack of any or all of these factors, environmental factors and other considerations specified in this Chapter 173, and provided that the development plan proposes a change of use for a building or structure or portion thereof which exceeds 2,000 square feet.
[Amended 11-25-1991 by Ord. No. 1991:617; 3-11-1992 by Ord. No. 1992:618]
A subdivision of land for the creation of fewer than three
lots, provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvements, the
cost of which is not to be wholly borne by the developer.
[Amended 4-21-1980 by Ord. No. 1980:372; 11-25-1991 by Ord. No. 1991:617]
[Added 12-27-2000 by Ord. No. 2000:839]
Under the provisions of Chapter 220 of the Laws of 1975[6] pertaining to physically handicapped persons, an "office
building" means a building or structure of more than 10,000 square
feet of gross floor area wherein a 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 the Borough of Closter 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 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.[7]
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice.
One that is submitted in a proper and complete form, including
all required application forms, maps and reviews prior to scheduling
of a public hearing, where required, or formal action being taken
by the approving authority; all required fees are submitted and filed
within the appropriate time schedules; proof that no taxes or assessments
for local improvements are due or delinquent on the property for which
approval is sought; and all other governmental approvals are received
by the approving authority within the required time periods.
Any security which may be accepted by Closter Borough, including
cash, provided that the borough shall not require more than 10% of
the total performance guaranty in cash.
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 the
Zoning Ordinance[8] 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 of a minimum contiguous size as specified in the
Zoning Ordinance[9] to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate industrial uses.
An area with a specified minimum contiguous acreage 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.
An area with a specific minimum contiguous acreage to be
developed as a single entity according to a plan, containing one or
more residential clusters or planned residential development 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 the Zoning Ordinance.[10]
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.
Public areas include:
Under the provisions of Chapter 220 of the Laws of 1975[11] 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 as 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 1-3-1994 by Ord. No. 1993:663]
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.
To change the lettering or descriptive symbols on a sign
without changing any of the structural parts or components of the
sign.
[Added 12-27-2000 by Ord. No. 2000:839]
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.
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 triangle-shaped easement established at the intersection
of two streets or a driveway and a street in which nothing shall be
erected, placed, planted or allowed to grow in such a manner as to
obstruct vision between a height of two feet and six inches above
the center-line grade of the street or driveway. The borough shall
have the right of entry to remove any obstruction to vision within
the sight area not conforming to the standards of this definition,
following due notice to the property owner. Said triangle shall be
determined along such street lot lines or edge of driveway 25 feet
distant from their joint intersection.
Any device, painting, structure, fixture or placard, made
of combustible or incombustible materials, using electronic, stationary,
lighted, painted or printed symbols and/or written copy of the purpose
of informing or directing members of the public or advertising, promoting
or identifying any institution, establishment, product, goods, services
or person.
[Added 12-27-2000 by Ord. No. 2000:839]
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.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
The sketch plat of a subdivision to be used for the purpose of discussion and classification and meeting the requirements of § 173-11 herein.
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; 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 or
paving areas within the street. For the purpose of this chapter, "streets"
shall be 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 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.
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; 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 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."
[Amended 4-21-1980 by Ord. No. 1980:372]
The application for approval of a subdivision pursuant to
the Municipal Land Use Law [P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et
seq.)] or an application for approval of a planned unit development
pursuant to the Municipal Land Use Law.
[Added 4-21-1980 by Ord. No. 1980:372]
Any one sign not to be used for more than 40 consecutive
days for any one time period and no more than 120 days total per calendar
year, except as provided at § 173-50N(7).[12] This shall include, but is not limited to, any sign, pennant,
flag, valance or advertising display constructed of paper, vinyl,
cloth, canvas, cardboard, wallboard or other light materials, with
or without frames.
[Added 12-27-2000 by Ord. No. 2000:839; amended 1-5-2004 by Ord. No. 2003:912]
A sign meeting the criteria of a temporary/promotional sign
placed within 10 inches of the interior surface of a window or glazed
door and intended to be viewed from the outside, which is not to be
used for more than 40 consecutive days for any one time period and
no more than 120 days total per calendar year.
Added 1-5-2004 by Ord. No. 2003:912]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 4-21-1980 by Ord. No. 1980:372]
A sign installed only by painted lettering, without a contrasting
background, inside a window or glazed door and intended to be viewed
from the outside. This shall include illuminated signs. Said lettering
may not occupy more than 15% of the total glazed area of any such
window or door panel. Window signs shall include all glazed area including
doors.
[Added 12-27-2000 by Ord. No. 2000:839]
See Chapter 200.
Added 1-5-2004 by Ord. No. 2003:912]
[1]
Editorâs Note: Ordinance No. 2005:952, adopted 10-11-2005, adopted new regulations for signs (see Art. XVII), including § 173-79, Definitions and word usage. The following definitions, previously included in this section, now appear in § 173-79: area of sign; awning; building code; canopy; district; ground sign; maintenance of signs; mansard; marquee; parapet; person; roofline; sign; structure; unlawful signs; wall sign; and window sign.
[2]
Editorâs Note: The former definition
of âaltering,â added 12-27-2000 by Ord. No. 2000:839,
which immediately followed this definition, was repealed 1-5-2004
by Ord. No. 2003:912.
[3]
Editorâs Note: The former definition
of âawning and/or canopy,â added 12-27-2000 by Ord. No.
2000:839, which immediately preceded this definition, was repealed
1-5-2004 by Ord. No. 2003:912, and replaced with separate definitions
of âawning,â âcanopyâ and âmarquee.â
[5]
Editorâs Note: The former definition
of âConstruction Official and Property Maintenance Officer,â
added 12-27-2005 by Ord. No. 2000:839, which immediately followed
this definition, was repealed 1-5-2004 by Ord. No. 2003:912, and replaced
with separate definitions of âConstruction Officialâ and
âCode Enforcement Officer.â
[6]
Editor's Note: See N.J.S.A. 52:32-4 et seq.
[7]
Editorâs Note: The former definition
of âowner,â added 12-27-2000 by Ord. No. 2000:839, which
immediately followed this definition, was repealed 1-5-2004 by Ord.
No. 2003:912.
[11]
Editor's Note: See N.J.S.A. 52:32-4 et seq.
