Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
For the purposes of this chapter, the terms and words listed in this section shall have the meaning herein given. Terms and words not defined herein but defined in the Municipal Land Use Law shall have, for the purposes of this chapter, the meanings given to them in the Municipal Land Use Law, its amendments or supplements thereto.[1] Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
ADMINISTRATIVE OFFICER
The Secretary of the Kingwood Township Planning Board.
[Amended 3-16-1987 by Ord. No. 5-2-1987]
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
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 N.J.S.A. 40:55D-34 and N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
The Planning Board of the Township of Kingwood.
BED-AND-BREAKFAST
Owner-occupied, single-family home wherein the owner provides overnight accommodations and a morning meal (no more than four consecutive days/three consecutive nights) to transient guests for compensation.
[Added 6-17-1996 by Ord. No. 9-11-1996]
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69.
BUILDABLE AREA
A contiguous area of land located within the building envelope of a lot which does not contain any constrained areas and which is equal in size to the lesser of 1/2 of the area of the building envelope or one acre.
[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-4-2006 by Ord. No. 13-21-2006]
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING ENVELOPE
The area of land located within the applicable principal building setback lines of a lot.
[Added 3-7-2006 by Ord. No. 13-20-2006]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CATEGORY 1 (C1) WATERS
See the definition contained in § 115-6.2.
[Added 2-7-2013 by Ord. No. 17-02-2013]
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLUSTER
A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.
[Added 4-4-2006 by Ord. No. 13-21-2006]
CLUSTER SUBDIVISION
A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.
[Added 4-4-2006 by Ord. No. 13-21-2006]
COMMON OPEN SPACE
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.
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[2] and upon the issuance of an authorization therefor by the Planning Board.
CONSTRAINED AREAS
Those portions of a lot, tract or parcel of land which are encumbered by, used for or otherwise dedicated to the following: areas of existing road and transmission rights-of-way and proposed new roads within the tract; areas of easements or rights-of-way required for widening of existing roads abutting the tract boundaries; areas of all existing easements and restrictive covenants; natural resource limitation areas, including floodplains, wetlands, NJDEP-required wetlands transition areas, areas deemed by NJDEP to be unavailable for development due to the presence of special water resource protection areas for C-1 waters, streams, required stream buffer conservation areas, land under water and areas of slopes 20% or greater.
[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-25-2011 by Ord. No. 16-13-2011; 7-5-2012 by Ord. No. 17-12-2012]
CONVENTIONAL
Development other than planned development.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Planning Board of the County of Hunterdon.
CROSSWALKS or WALKWAY
A right-of-way, dedicated to public use, to facilitate pedestrian access through a subdivision.
CUL-DE-SAC
A short dead-end street terminating in a vehicular turnaround area.
DAYS
Calendar days.
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 structure; 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity review by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[Amended 5-2-2006 by Ord. No. 13-25-2006]
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DIVISION
The Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or for prevention or alleviation of flooding.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
The official action of the Planning 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.
FLAG LOT
A lot having less lot frontage than the minimum required for a standard lot by these development regulations, but sufficient to provide adequate access as herein defined as a Class II minor subdivision, by way of an access strip or staff, to the main portion of the lot in the rear, which is intended and suitable to accommodate a single-family residence in compliance with the development regulations.
[Added 6-17-1996 by Ord. No. 9-11-96]
FLOOD ZONE
Those flood zones as defined by the United States Federal Emergency Management Agency (FEMA).
[Added 2-7-2013 by Ord. No. 17-02-2013]
FRESHWATER WETLANDS or WETLANDS
See the definition of “wetlands” contained in § 115-6.2
[Added 2-7-2013 by Ord. No. 17-02-2013]
FRONTAGE
The distance for which a lot abuts a public street, measured at and from the right-of-way line. In the Byram Colony Zone, for those properties abutting the Delaware River, frontage is the distance for which a lot abuts the Delaware River, measured at the point where uplands abut riparian lands.
[Added 6-3-2003 by Ord. No. 12-6-2003]
GOVERNING BODY
The Kingwood Township Committee.
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to this chapter.
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
In the case of a civil proceeding in any court or in any administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be 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 of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the surface.
LANDSCAPE PROJECT
The manual and computerized files maintained by the New Jersey Department of Environmental Protection Division of Fish and Wildlife's Endangered and Nongame Species Program (ENSP) for the long-term protection of imperiled species and their important habitats in New Jersey.
[Added 2-7-2013 by Ord. No. 17-02-2013]
LOT
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.
LOT CIRCLE
A circle, the diameter of which shall be inscribed on each proposed lot in a subdivision tangent to the front yard setback line and located entirely within the building envelope. For lots in a Class I minor subdivision and two-acre lots in a Class II minor subdivision, the lot circle requirement shall not be applicable.
[Added 3-7-2006 by Ord. No. 13-20-2006]
A. 
The lot area and bulk requirements of one or more lots in a residential subdivision may be reduced, provided that for every lot which is reduced, another lot is oversized; the average size of all lots is seven acres or more; and there is no increase in the number of lots that would be permitted under a conventional subdivision of the property after taking into account the partial credit allowed for constrained areas. No lot shall be permitted to be less than two acres in size.
B. 
In the event that an applicant for development elects to utilize lot size averaging, all lots shall be permanently deed restricted from and against further subdivision and development in the future, except for either agricultural use, one single-family residential use, or a combination of both.
C. 
Example of permitted "lot size averaging." Assume a minimum lot size of seven acres and a property, the net acreage of which, after taking into account the partial credit allowed for constrained areas, is 70 acres, a presumptive maximum of 10 lots would be permissible. Based on this illustration, a subdivision creating a maximum of 10 lots, consisting of nine new lots and the remaining lands, would be permitted, with no lot less than two acres. Such a subdivision could be configured as one two-acre lot, two three-acre lots, one five-acre lot, one six-acre lot, one eight-acre lot, one nine-acre lot, two ten-acre lots and one twelve-acre lot. Each lot would be required to be permanently deed restricted as set forth in Subsection B above.
[Amended 4-4-2006 by Ord. No. 13-21-2006]
D. 
All provisions of § 132-30F shall apply to all lot size averaging subdivisions.[3]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR
The chief executive of the municipality, whatever his official designation may be.
A. 
Any subdivision containing not more than two lots and a remainder, with each lot and the remainder fronting on an existing state, county or municipal street and that does not involve planned development, any new street or extension of any offtract improvement. There shall not be any resubdivision of said lots or remainder for a period of one year commencing on the date said minor subdivision is approved. The required lot size in a Class I minor subdivision may be reduced to not less than two acres, after taking into account the partial credit allowed for constrained areas and the minimum buildable area requirement, provided that the following conditions are satisfied:
[Amended 4-4-2006 by Ord. No. 13-21-2006]
(1) 
The new lots and remainder must each possess at least 200 feet of frontage along a public road existing as of April 30, 1996;
(2) 
The lot being subdivided was in existence as a separate tax lot as of April 30, 1996;
(3) 
There shall not be any major subdivision of any lots created or remainder during the five-year period commencing on the date said minor subdivision is approved;
(4) 
The lots that are less than four acres in size shall be permanently deed restricted to limit the size of the dwelling to be constructed thereon to not more than 3,000 square feet in habitable floor area, exclusive of basements or cellars;
[Amended 4-12-2010 by Ord. No. 16-04-2010]
(5) 
There shall not be any resubdivision of any lots created or remainder for a period of one year commencing on the date said minor subdivision is approved; and
(6) 
The lot shall have a minimum lot depth of 250 feet.
B. 
A minor subdivision consisting of not more than three new residential lots and a remainder, up to two of which lots may be building lots with frontage of at least 200 feet on public road existing as of April 30, 1996, and contain not less than two acres of land after taking into account the partial credit allowed for constrained areas, and the minimum buildable area requirement, and up to two of which lots may be building lots which are irregular in shape and commonly known as a "flag lot," composed of a strip of land at least 50 feet in width and 200 feet in minimum depth (the "flag stem") fronting on a public road existing as of April 30, 1996, and with the area beyond the initial minimum strip (50 feet by 200 feet) composed of at least four acres of land in the main, buildable portion of the lot to the rear of the access strip, after taking into account the partial credit allowed for constrained areas, and the minimum buildable area requirement. If the Class II subdivision involves two flag lots, the width of each flag stem may be reduced to 25 feet, provided that the two flag stems are located side by side and each flag lot is granted a reciprocal right to use the flag stem of the other lot for ingress and egress.
(1) 
If one of the two flag lots is located behind the other flag lot, then the flag stem for the front flag lot shall extend to the same point in the property line of the rear flag lot as does the flag stem for the rear flag lot so that, at all times, the combined flag stem is 50 feet in width. All lots in a Class II minor subdivision, except for the remaining lands, must obtain access to the public road by using the flag stem(s) of the flag lot(s) and shall be granted an easement for ingress and egress across the first 50 feet of the flag stem(s). The flag stem(s) shall be improved with a single driveway conforming in all respects to the standards for Class II common driveways contained in Kingwood Township Code, Chapter 112, Streets and Sidewalks.
(2) 
In the event that a single flag lot is involved in the Class II minor subdivision, the deed for that flag lot shall include a grant of the easement to the other lots in the subdivision (other than the remaining lands) for ingress and egress across the first 50 feet of the flag stem and shall provide for the maintenance and repair of the entire driveway, in conformity in all respects to the standards for individual driveways contained in Kingwood Township Code, Chapter 112, Streets and Sidewalks, and shall be the responsibility of the owner of the flag lot. In the event that two flag lots are involved in the Class II minor subdivision, the deed for each flag lot shall include a grant of the easement to the other flag lot for ingress and egress along the entire length of the flag stem and a grant of an easement to the other lots in the subdivision (other than the remaining lands) for ingress and egress across the first 50 feet of the flag stem. In the event that two flag lots are involved in the Class II minor subdivision, then a common driveway maintenance agreement shall be recorded simultaneously with the deeds for the flag lots and shall provide, at a minimum, that:
(a) 
The maintenance and repair of the entire driveway is in conformity in all respects with the standards for individual driveways contained in Kingwood Township Code, Chapter 112, Streets and Sidewalks;
(b) 
Equal sharing amongst the owners of the flag lots of the cost of maintenance and repair of the entire driveway;
(c) 
A mechanism for the prompt enforcement of maintenance and/or contribution obligations of the owners of the flag lots.
(3) 
Although the owner of a lot which has a right of ingress and egress over the first 50 feet of the flag stem(s) shall not ordinarily have any obligation to maintain or repair or contribute to the cost of maintenance or repair of the common driveway, nothing contained herein or in any deed or in any common driveway maintenance agreement recorded to perfect a Class II minor subdivision shall be construed as relieving such owner for any liability for damage to the common driveway arising out, or by reason, of any act or omission of said owner or persons for whose acts he/she may be adjudged liable.
(4) 
The following conditions shall apply to any Class II minor subdivision:
(a) 
There shall not be any major subdivision of any lots created or remainder during the five-year period commencing on the date said Class II minor subdivision is approved;
(b) 
The lots that are less than four acres in size shall be permanently deed restricted to limit the size of the dwelling to be constructed thereon to not more than 3,000 square feet in habitable floor area, exclusive of basements or cellars;
[Amended 4-12-2010 by Ord. No. 16-04-2010]
(c) 
There shall not be any resubdivision of any lots created or remainder during the year commencing on the date said Class II minor subdivision is approved; and
(d) 
There shall be a minimum distance of 400 feet of frontage along a public road between Class II minor subdivision common driveways.[4]
MUNICIPAL AGENCY
A municipal planning board or board of adjustment or a governing body of a municipality when acting pursuant to N.J.S.A. 40:55D-1 et seq., and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to said N.J.S.A. 40:55D-1 et seq.
MUNICIPALITY
Any city, borough, town, township or village.
NATURAL HERITAGE DATABASE
The manual and computerized file maintained within the New Jersey Department of Environmental Protection Division of Parks and Forestry which includes continually updated information on the location and status of native plant species of the state, as authorized by N.J.S.A. 13:1B-15.146 through 13:1B-15.150.
[Added 2-7-2013 by Ord. No. 17-02-2013]
NONCONFORMING LOT
A lot, the area, dimension or location of 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 reason of such adoption, revision or amendment.
[Added 2-7-2013 by Ord. No. 17-02-2013]
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of 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 reason of such adoption, revision or amendment.
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 reason of such adoption, revision or amendment.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
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 a 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.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated 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.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance 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, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments 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.[5]
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five acres or more 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.
PLANNING BOARD
The Municipal Planning Board established pursuant to N.J.S.A. 40:55D-23.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 48 and 49 prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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
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.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
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.
QUALIFYING PLAN
A conceptual plan showing the maximum development attainable for a property through application of a conventional major subdivision approach, i.e., without benefit of lot-size averaging or cluster alternatives, and taking into account the partial credit allowed for constrained areas and the minimum buildable area requirement.
[Added 3-7-2006 by Ord. No. 13-20-2006]
QUORUM
The majority of the full authorized membership of a municipal agency.[6]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area calculated and adjusted in accordance with the constrained area calculations set forth in § 132-30F.
[Added 3-7-2006 by Ord. No. 13-20-2006]
RESUBDIVISION
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.
SEDIMENTATION
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.
SITE PLAN
A development plan of one or more lots on which is set forth 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, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65 regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality, or standards required by applicable federal or state laws or municipal ordinances.
STEEP SLOPE
See the definition contained in § 114-4.
[Added 7-19-1999 by Ord. No. 10-10-99; amended 3-7-2006 by Ord. No. 13-20-2006; 2-7-2013 by Ord. No. 17-02-2013]
STREET
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 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, parking areas and other areas within the street lines. For the purposes of this chapter, municipal-owned "streets" shall be classified as follows:
A. 
Streets which carry traffic that is intracounty or intramunicipal in nature. Such streets connect minor collectors with arteries and highways.
B. 
Streets which provide service to and within subdivisions. Such streets connect the local streets with the major collectors or other minor collectors and may provide vehicular and pedestrian access to abutting properties.
C. 
Streets which provide vehicular and pedestrian access to abutting properties. Such streets connect with minor collectors.
D. 
A minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
STRUCTURE
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.
SUBDIVISION
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; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
THREATENED OR ENDANGERED SPECIES
Any species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
[Added 2-7-2013 by Ord. No. 17-02-2013]
THREATENED OR ENDANGERED SPECIES HABITAT
An area or environment where a threatened or endangered species community normally lives or occurs, determined by the Natural Heritage Database Search and the Threatened or Endangered Species Survey.
[Added 2-7-2013 by Ord. No. 17-02-2013]
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance pursuant to N.J.S.A. 40:55D-60 and 40:55D-70, Subsections 57c and 57d, and N.J.S.A. 40:55D-40, Subdivision 29.2b.
ZONING PERMIT
A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance[7] or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 55D-70.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See Ch. 132, Zoning.
[3]
Editor's Note: The former definition of "lot suitability," added 7-19-1999 by Ord. No. 10-10-99, which definition immediately followed this definition, was repealed 6-3-2003 by Ord. No. 12-6-2003.
[4]
Editor's Note: Former Subsection C of the definition of "minor subdivision," Class III, which immediately followed this subsection, was repealed 12-31-2007 by Ord. No. 14-26-2007.
[5]
Editor's Note: See Ch. 132, Zoning.
[6]
Editor's Note: The former definition of "residential cluster," which previously followed this definition, added 3-7-2006 by Ord. No. 13-20-2006, was repealed 4-4-2006 by Ord. No. 13-21-2006.
[7]
Editor's Note: See Ch. 132, Zoning.