§ 212-1. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

APPLICANT

The developer or landowner submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by the Code for approval of a subdivision plat, site plan, plan development, conditional use, zoning variance or for the issuance of a permit for the development of all construction on property located in the Borough.

BOARD

The  Planning  Board  of  the  Borough  or  the Board  of  Adjustment,  where  applicable.

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of the municipal agency and all accompanying documents required by this chapter 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 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 municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter 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 purposes of the commencement of the time period for action by the municipal agency.

CONCEPT PLAN

A plan intended for informal review and discussion purposes which presents in a general manner to the Borough Planning Board the proposed design and features of development but which carries no vesting rights or obligation to any party.

[Added 12-15-1998 by Ord. No. 31-98]

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 the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.

CONSTRUCTION CODE OFFICIAL

A qualified person appointed by the Mayor or the Council to enforce and administer the regulations as from time to time are promulgated by the State Uniform Construction Code.

DEVELOPER

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.

DEVELOPMENT

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.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development, necessary for water supply preservation or prevention or alleviation of flooding.

FINAL APPROVAL

The official action of the Board 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.

FINAL PLAT

The final map of all or a portion of a subdivision or site plan which is presented to the Board for final approval in accordance with its regulations and which, if approved, shall be filed with the Clerk of the county for recording in accordance with law.

FLOODPLAIN; FLOODWAY; FLOOD HAZARD AREA

All lands lying within designated flood areas, as determined by a map entitled "Special Flood Hazard Area and Floodway Map," dated January 9, 1976, and prepared by the Borough Engineering Department. The general boundaries of such areas are based upon data obtained from the Federal Department of Housing and Urban Development Flood Insurance Study, Type 15, dated December 1974, and more particularly encompassed by the Florham Park Surface Water Management Ordinance (Article VII of this chapter).

GENERAL DEVELOPMENT PLAN

A comprehensive plan for the development of a planned commercial development or a planned unit development as provided by this chapter.

[Added 3-19-2002 by Ord. No. 4-02; amended 12-19-2002 by Ord. No. 22-02A; 3-18-2008 by Ord. No. 08-4]

GOVERNING BODY

The Mayor and Council of the Borough.

LOT

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 the Zoning Ordinance shall be considered as a single lot for the purposes of this chapter.

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the municipality, which shall have been duly adopted by the Planning Board in accordance with N.J.S.A. 40:55D-28.

MINOR SITE PLAN

A plan for nonresidential development (other than subdivision) for any addition, alteration, or modification of less than 1,000 square feet of floor area and/or less than 2,000 square feet of improved lot coverage; provided, however, that such plan:

[Added 4-15-1980 by Ord. No. 9-80; amended 6-13-2019 by Ord. No. 19-12]

A. 

Does not involve a planned development, any new street, or extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42;

B. 

Does not require the granting of any variances from the zoning requirements of this chapter or waivers from the design standards of Article XV of this chapter;

C. 

Does not involve any lot, tract, parcel, building or structure that was approved as a minor or major site plan within the preceding 18 months;

D. 

Is limited to a use permitted by ordinance; and

E. 

Contains the information reasonably required in order to make any informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.

MINOR SUBDIVISION

Any subdivision containing not more than three lots fronting on an existing street, not involving any new street, the extension of any off-tract improvements the cost of which is to be prorated pursuant to this chapter and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter; provided, however, that, in the event that more than one "minor subdivision" from any tract of land as recorded is submitted, then for the purpose of administering this chapter, the subsequent subdivision shall be construed as a major subdivision and shall be processed accordingly.

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.

OFF-SITE

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 contiguous portion of a street or right-of-way.

OFF-TRACT

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.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OWNER

Any person, individual, firm, association, legal entity, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide such property under this chapter.

PLANNING BOARD

The Planning Board of the Borough.

PLAT

The map or maps of a subdivision or site plan.

PRELIMINARY APPLICATION

All maps, documents, reports and checklists indicating the proposed development necessary for a complete application to the Planning Board sufficient to warrant preliminary action by the Planning Board.

SEWERAGE AUTHORITY

The Borough 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, drives, parking spaces, walkways, landscaping, structures and signs, lighting and screening devices.

C. 

Any other information that may be reasonably required in order to make an informal determination pursuant to the provisions of this chapter requiring review and approval of site plans.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat duly filed and recorded in the office of the Clerk of the county prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, including 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.

SUBDIVIDER

Any owner commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

[Added 4-15-1980 by Ord. No. 9-80]

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. The following divisions shall not be considered "subdivisions" within the meaning of this chapter if no new streets or roads are created:

A. 

Divisions of land for agricultural purposes where the resulting parcels are five acres or larger in size.

B. 

Divisions of property by testamentary or intestate provisions.

C. 

Divisions of property upon court order, including but not limited to judgments of foreclosure.

D. 

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 Borough Clerk to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Maps of the Borough of Florham Park.

E. 

Consolidation of existing lots by deed or other recorded instrument.

TECHNICAL REVIEW COMMITTEE (TRC)

A committee comprised of the Borough Engineer, the Borough Planner, the Planning Board Attorney, the Planning Board Chairman, one other member of the Planning Board to be named by the Chairman, and the Construction Official for the purpose of determining the completeness of all applications in accordance with the provisions of this chapter and such other duties relating to land use or subdivision which may be conferred on this Committee by the Board.

[Amended 3-18-2008 by Ord. No. 08-11]

TRANSCRIPT

A typed or printed verbatim record of any proceeding or reproduction thereof.

VARIANCE

The permission to depart from the literal requirements of the Borough Zoning Ordinance as provided herein.

Editor's Note: See Ch. 250, Zoning.

Editor's Note: See Ch. 250, Zoning.

Editor's Note: See Ch. 250, Zoning.

Editor's Note: See Ch. 250, Zoning.

Editor's Note: The Sewerage Authority was dissolved 2-17-2009 by Ord. No. 09-2, and its operations and activities were transferred to the Borough. See also § 2-34, Sewer Utility Committee, and Ch. 193, Sewers, Art. II, Sewer Utility.

Editor's Note: See Ch. 250, Zoning.

Added 4-15-1980 by Ord. No. 9-80