Any word or term not defined herein shall be
used as defined in the New Jersey Municipal Land Use Law, New Jersey
Residential Site Improvements Standards, or, if not defined within
said acts, shall be used with a meaning of standard usage meaning
unless specifically defined or interpreted differently in the section
following. Disputes concerning definition or interpretation of a word
shall be resolved by the approving authority.
A.
For the purposes of this chapter, certain words and
terms are defined as follows:
(1)
Words used in the present include the future.
(2)
Words used in the singular include the plural number
and words in the plural include the singular number.
(3)
The word "person" includes an individual, corporation,
partnership.
(4)
The word "building" shall include the word "structure,"
"dwelling," or "residence."
(5)
The term "used" shall include the words "arranged,
designed, constructed, altered, converted, rented, leased, or intended
to be used."
(6)
The term "occupied" shall include the words "arranged,
designed, or intended to be occupied."
(7)
The word "lot" includes the word "plot" and "tract."
(8)
The word "zone" includes the word "district."
(9)
The word "premises" includes "vacant land."
(10)
The word "shall" indicates a mandatory requirement.
(11)
The term "may" indicates a permissive action.
B.
This Development Chapter, being necessary for the
welfare of Haddon Township and its inhabitants, shall be construed
liberally to effect the purposes of this Development Chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or structure customarily subordinated and incidental
to the principal building or structure located on the same lot. An
accessory building or structure is detached from the principal building.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
The Board Administrator, unless a different municipal official
is designated within this chapter, by statute, or by the Township
Commissioners.
Any change in or additions to the supporting members of a
building such as walls, columns, beams, girders, posts or piers.
The application form and all accompanying documents required
by this chapter 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 or N.J.S.A. 40:55D-36.
The Planning Board[1] of the municipality, unless a different agency is designated
by ordinance when acting pursuant to the Municipal Land Use Law.
A fixed or movable diagonal or curved projection from the
vertical surface of a structure below a roof primarily used for providing
protection from the elements.
A story having more than 25% of its clear height below the
average finished contact grade along the outside walls of the building.
See "approving authority."
An area within a property or site generally adjacent to and
parallel with the property line, consisting of either natural existing
vegetation or created by the use of trees, shrubs, berms, or fences.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls
and intended for the shelter, business, housing or enclosing of persons,
animals or property.
The square footage as measured on a horizontal plane around
the periphery of the facades of all buildings and structures, including
decks and porches.
The vertical distance measured to the highest point from
the mean elevation of the finished grade five feet away from the foundation
along the side(s) of the building facing a street or to the street
line, whichever is closer to the foundation. On a corner lot, the
height shall be measured on the street having the greatest slope.
Standards that control the height density, intensity and
location of structures.
A self-propelled, vehicular structure built
as one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term uses which may contain cooking,
sleeping and sanitary facilities.
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another.
A portable, vehicular structure built on a chassis
designed for camping, the body of which is basically rectangular with
a flat top not more than four feet above the surface of the ground.
The camper is designed to have a temporary tent erected above the
four-foot level for camping activities.
A roof-like structure having no walls used to provide protection
from the elements.
A development technique based on a gross dwelling unit density
for the entire tract in the zoning district in which it is located
and allowing the lot sizes for detached dwellings to be reduced or
individual segments to have higher densities so long as the gross
density is not exceeded.
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the landscape and improvements thereon,
and designed and intended for the ownership, use and enjoyment of
the residents and owners of the development. Common property may contain
such complementary structures and improvements as are necessary and
appropriate for the benefit of the residents and owners of the development.
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 this chapter, and upon the issuance of an authorization
therefor by the Planning Board. Conditional uses are specified by
zoning district within this chapter.
An apartment or townhouse building(s) where each dwelling
unit is individually owned by respective housekeeping units while
common property is collectively owned and maintained by all residents
of the building(s). (See definitions of "high-rise apartment," "townhouse
dwelling," and "housekeeping unit.")
The chief administrator responsible for the administration
and enforcement of the construction code pursuant to the State Uniform
Construction Code Act, N.J.S.A. 52:27D-119 et seq.
See "building cover."
See "impervious cover."
Calendar days.
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 or any government
agency: municipal, county, state or federal.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
reduction, relocation or enlargement of any structure or use; any
mining, excavation, landfill or land disturbance, occupancy and any
use or extension of the use of land.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing more than two dwelling units.
A dwelling which is not attached to any other dwelling by
any means.
An apartment building containing three or fewer stories.
An apartment building containing more than six stories.
An apartment building containing three to six stories.
A dwelling containing more than two dwelling units.
A one-family dwelling on one lot surrounded by open space
or yards and which is not attached to any other dwelling unit or primary
structure.
A one-family dwelling on one lot surrounded by open space
or yards and which is attached to one other like dwelling unit or
primary structure.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more common, fire-resistant walls, also known
as a "single-family attached dwelling."
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units. This dwelling style is
also known as a "duplex."
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require the use of outside
stairs, common hallways, passing through another dwelling unit or
other indirect route(s) to get to any portion of the dwelling unit
nor shall there be shared facilities with another housekeeping unit.
See "quasi-public."
A municipal advisory body created pursuant to P.L. 1968,
c.245 (N.J.A.C. 40:56-1 et seq.).
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
The portion of a use, excluding basements, garages, carports
and breezeways, measured by using the outside dimensions of the residential
portion of the building.
The portion of the flood hazard area not designed as floodway.
The floodplain consists of the floodway and the flood-fringe
area. It is delineated by the highest elevation, expressed in feet
above sea level, of the level of one-hundred-year floodwaters.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The channel and the relatively flat area adjoining the channel
of a natural stream or river which has been or may be covered by floodwater.
Also referred to as the "flood hazard area."
The channel of a natural stream or river and portions of
the floodplain adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river without aggravating flood conditions upstream and
downstream. The floodway shall be delineated by the New Jersey Department
of Environmental Protection.
The total gross floor area of all buildings and structures
on a lot, divided by the lot area.
A structure used for the storage of not more than two motor
vehicles unless the lot contains at least 7,500 square feet, in which
event the storage of three vehicles may be permitted, provided no
business, service or industry may be conducted therein.
Any garage not included within the definition of a "private
garage" and any structure, place or location used to service, repair,
fuel, lubricate, inspect, test or store motor vehicles for compensation.
The area measured by using the inside dimension of the building,
excluding the area of a garage, attic, open porch or patio.
See "building height."
Any business or other nonresidential activity carried out
for gain by a resident conducted as an accessory use in the resident's
dwelling unit.
A home occupation consisting of the office of a practitioner
of a recognized and legal profession, including attorneys, doctors,
dentists, accountants, engineers, architects, landscape architects,
real estate agents, insurance agents, or teachers.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Building cover plus the area of all paved or similar surfaces
which cover a lot.
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 the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
act, or whose right to use, acquire; or enjoy property under this
act, 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 act.
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed of record, survey map or by metes
and bounds, except that for purposes of this chapter, contiguous nonconforming
lots under one ownership shall be considered one lot and except further
that no portion of a street shall be included in calculating the lot
boundaries or areas.
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
Corner lots shall be recognized as having two front yards and two
side yards. However, one of the side yards shall be designated as
the rear yard and meet the rear yard requirements of that zone.
The shortest distance measured on a horizontal plane between
the front lot line and a line drawn parallel to the front lot line
through the midpoint of the rear lot line.
The distance between side lot lines measured along the street
line. The minimum lot frontage shall be the same as the lot width
except that on a curved street the frontage shall be measured at the
arc parallel to the right-of-way at the front yard setback. In the
case of a corner lot, either street frontage which meets the minimum
frontage required for that zone may be considered the lot frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The minimum lot width shall be measured at the minimum required
building setback line along a line parallel to the front lot line.
Any security which may be required and accepted by a government
agency to assure that necessary improvements will function as required
for a specific period of time.
A fixed horizontal projection cantilevered from the vertical
surface of a structure below a roof primarily used for the display
of signage.
A place of business in which any musical entertainment, singing
or dancing or other similar amusement is permitted in connection with
a restaurant business.
A building or structure which in its location upon a lot
or in its size does not conform to the regulations of this chapter
for the zone in which it is located.
A lot of record which does not have the minimum width, frontage
or depth or contain the minimum area for the zone in which it is located.
A use occupying a building, structure or lot which does not
conform with the use regulations for the zone in which it is located.
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.
A space for the parking of a motor-driven vehicle within
a public or private parking area.
Any security that may be accepted by a municipality as a
guarantee that improvements required as part of an application for
development are satisfactorily completed.
Any use of land or buildings as permitted by this chapter.
An area 10 or more acres in size, developed according to
a plan as a single entity and containing one or more structures with
appurtenant common areas.
The main purpose for which a lot or building is used.
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof.
The use of land, structures, buildings, or electronic switching
equipment for telephone, gas, power substations, water and sewerage
pumping stations and other public utility uses franchised by the Township
or regulated by the Board of Regulatory Commissioners and defined
pursuant to N.J.S.A. 48:2-13, not including service or storage yards
or personal wireless service facilities.
A use owned by a nonprofit, religious or eleemosynary institution
and providing educational, cultural, recreational, religious or similar
types of public programs.
The growing and harvesting of plant life for the enjoyment
of the residents on the property and not primarily for commercial
purposes.
Any establishment in which food is prepared, served or sold
for consumption on the premises of the business or establishment.
Lands and buildings providing for the sale of fuel lubricants
and automotive accessories. Maintenance and minor repairs for motor
vehicles may be provided, but no body repairs or painting or the storage
of inoperable or wrecked vehicles shall be permitted.
A line drawn parallel with a lot line and drawn through the
point of a building nearest to the lot line. The term "required setback"
means a line that is established a minimum horizontal distance from
the lot line and beyond which a building or part of a building is
not permitted to extend toward the lot line. When measuring setback
lines, any such measurement is to any portion of the house, whether
the foundation or an overhang, which is nearest to the lot line. This
does not include steps, unless the steps are covered, in which case
the setback would be to the point where the overhang is closet to
the lot line.
[Amended 12-27-2001 by Ord. No. 1080]
A group of commercial establishments built on one tract that
is planned, developed, owned and managed as an operating unit; it
provides on-site parking in definite relationship to the type and
total size of the stores. The commercial establishments may be located
in one or several buildings, attached or separated.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. (Additional signage definitions may be found in § 142-40A.)
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 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 which 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 et seq.
Any site plan not classified as a minor site plan.
[Added 7-28-2015 by Ord.
No. 1338]
A development plan for one or more lots that involves less
than 1,000 square feet of floor area and/or less than 5,000 square
feet of impervious surface, which:
[Added 7-28-2015 by Ord.
No. 1338]
Proposes new development within the scope of development specifically
permitted by this chapter 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 the Code of the Township of Haddon for approval of a minor site
plan have been met.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor next above it or, if
there is no floor above it, then the space between the floor and the
ceiling next above it. For the purpose of this chapter, a half-story
shall consist of a floor with 50% or less habitable area than the
floor below it. Basements shall not be counted in a building's number
of floors.
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 heretofore-approved
by official action pursuant to the Municipal Land Use Law (Chapter
291, Laws of 1975, as amended) or a street or way 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, public or private, and includes 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.
The edge of the existing or future street right-of-way, which
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including buildings, fences, tanks, towers, signs,
advertising devices, swimming pools and tennis courts.
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 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."
All subdivisions not classified as a minor subdivision.
Subdivision, minor means a subdivision of land for the creation
of not more than two lots, including the remainder of the original
lot; provided that such subdivision does not involve (1) a planned
development, (2) any new street, or (3) the extension of any off-tract
improvements, the cost of which is to be prorated pursuant to Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42).
Portable pools shall not be subject to the requirements of Article V and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
Private residential swimming pools shall mean and include
artificially constructed pools, whether located above or below the
ground, having a depth of more than 18 inches and/or a water surface
of 100 square feet or more; designed and maintained for swimming and
bathing purposes by an individual for use by members of his household
and guests and which is located on a lot as an accessory use to a
detached dwelling and shall include all buildings, structures, equipment
and appurtenances thereto.
Any pool, other than that classified as a private residential
or portable swimming pool, designed to be used collectively by persons
for swimming and bathing purposes, including pools designed as part
of any apartment or townhouse development, neighborhood or community
organization.
A place of business for the sale and on-premises consumption
of alcoholic beverages, also known as a "bar."
A building or part of a building devoted to showing motion
pictures or for dramatic, musical or live performances.
Township of Haddon, Camden County, New Jersey.
A vehicular, portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses and having an outside body width not exceeding eight
feet and a length not exceeding 30 feet and which may contain cooking,
sleeping and sanitary facilities.
Permission to depart from the literal requirements of this chapter which may be granted by the Zoning Board or in certain cases the Planning Board, pursuant to the powers outlined in the Municipal Land Use Law and set forth in Article III of this chapter.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions as these characteristics
and classifications are defined by the state regulations.
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the tangent lines of curved side lot lines.
The individual appointed by the Township Commissioners to
administer and enforce the provisions of the chapter.
[1]
Editor's Note: The Planning Board and the Zoning Board of
Adjustment were consolidated 10-28-2003 by Ord. No. 1098.
