N.J. Admin. Code § 19:4-3.22

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:4-3.22 - Zoning lot of record

(a) A zoning lot of record may be established in order to utilize two or more lots as a united parcel. Zoning lots of record shall meet the following requirements:

1. The zoning lot of record shall be designed, developed, built, and used as a single unit. Usage of open space, parking, and other site-related amenities are to be shared by the site users.

2. The individual lots within a zoning lot of record may be owned by one or more parties at the time of development. Each of the subject property owners shall be a party to the zoning lot of record agreement. The zoning lot of record agreement, inclusive of language as to its formation and the possibility of its future dissolution, shall be approved by the Chief Engineer. Any nonconformity resulting from an approved dissolution of a zoning lot of record shall be classified as an existing legal nonconformity.

3. A zoning lot of record agreement shall be recorded in the county registrar's office. All future owners or mortgage holders shall be bound by the zoning lot of record agreement. Where more than one property owner is bound by a single zoning lot of record, the owner of each individual lot within a zoning lot of record shall be required to authorize each application or petition submitted to the NJMC, with the exception of applications for continued occupancy certification, for any of the lots subject to the zoning lot of record agreement.

4. The zoning lot of record shall be comprised of lots which are contiguous and within the same zone. Whether or not lots or portions of lots that are separated by a manmade or natural barrier, such as a waterway or ROW, will be considered to be contiguous shall be determined by the NJMC, based upon the nature and extent of such barrier and the area in which such barrier is located.

5. A zoning lot of record shall be considered a lot for the purposes of these regulations.

6. The NJMC may require certain improvements to individual lots within a zoning lot of record to promote their functionality as a single unit.

N.J. Admin. Code § 19:4-3.22

Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
In (a)2, substituted "Chief Engineer" for "NJMC", deleted the former last sentence; and inserted the last two sentences.
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
Rewrote (a)2; added new (a)3; recodified former (a)3 and (a)4 as (a)4 and (a)5; and added (a)6.