[Amended 4-10-1989 by Ord. No. 4-89; 6-12-1989 by Ord. No.
6-89; 12-9-1991 by Ord. No. 8-91; 8-10-1992 by Ord. No. 4-92; 10-13-1992 by Ord. No. 12-92; 11-12-1996 by Ord. No. 7-96; 12-9-1996 by Ord. No.
8-96; 11-10-1997 by Ord. No. 9-97; 4-20-1998 by Ord. No. 2-98; 6-15-1998 by Ord. 3-98; 9-14-1998 by Ord. No. 5-98; 2-8-1999 by Ord. No. 1-99; 4-19-1999 by Ord. No. 5-99; 6-21-1999 by Ord. No. 6-99; 7-12-1999 by Ord. No.
9-99]
Unless specifically defined below, or in the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), or in the Soil
Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.), or in
New Jersey's Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et
seq.), words or phrases used in this chapter shall be interpreted
so as to give them the meaning they have in common usage unless the
context clearly indicates a contrary intent.
A detached building or structure above, on or below the ground,
subordinate and customarily incidental to the principal building or
structure.
A use of a building or lot or portion thereof subordinate
but related to the principal use, e.g., a home occupation in a residence.
A dwelling unit that is located on and subordinate to the
main dwelling on a property, and which is rented to an income-eligible
household in compliance with the rules and regulations of the New
Jersey Council on Affordable Housing (COAH). An affordable accessory
residence, defined in COAH rules as an "accessory apartment," is a
self-contained residential dwelling unit with a kitchen, sanitary
facilities, sleeping quarters and a private entrance, which is created
within an existing home, or through conversion of an existing accessory
structure on the same site, or by an addition to an existing home
or accessory building or by the construction of a new accessory structure
on the same site.
[Added 6-10-2009 by Ord. No. 5-09]
A residential dwelling which is sold or rented at a rate
within the means of a low- or moderate-income household as defined
in N.J.A.C. 5:93-7.4.
Land uses normally associated with the production of food,
fiber, and/or livestock for sale. For purposes of this chapter, such
uses shall not include the development of land for the processing
or sale of food and the manufacture of agriculturally related products.
The agricultural management practices recommended or endorsed
by the State Agriculture Development Committee, plus those practices
complying with an approved conservation plan.
[Added 12-27-2000 by Ord. No. 7-00]
The production principally for the sale to others of plants,
animals or their products, including, but not limited to, forage and
sod crops; grain and feed crops; dairy animals and dairy products;
livestock, including dairy and beef cattle, poultry, sheep, swine,
horses, ponies, mules and goats; grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping. Agriculture shall not include intensive
poultry or swine production or extensive animal feedlot operations.
[Added 12-27-2000 by Ord. No. 7-00]
An individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity having sufficient proprietary
interest in the land sought to be developed to commence and maintain
proceedings to develop the same under this chapter for himself or
another. The term "applicant" shall include, where applicable, a vendee
under a contract to sell, a person holding an option to purchase or
a lessee.
For purposes of Article XVII, a plan to control soil erosion and sedimentation, which has been approved by the proper Township authority.
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
A man-made freshwater wetland.
A facility that is licensed by the New Jersey Department
of Health and Senior Services (NJDOH) providing apartment-style housing,
congregate dining, and assisted-living services when needed for four
or more adult persons unrelated to the proprietor. Apartment units
shall be designed to accommodate one or two persons and shall include,
at a minimum, one unfurnished room, a private bathroom, and a lockable
door on the unit entrance. Some or all of the units may also include
a kitchenette.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of a building having its floor subgrade (below ground
level) on all sides.
A room for sleeping purposes with a minimum size of 150 square
feet.
Unless otherwise specified, the Planning Board or the Board
of Adjustment, whichever has jurisdiction to act on a development
application in accordance with the Municipal Land Use Law, N.J.S.A.
40:55D-25, 55D-60 and 55D-70, as amended and supplemented.
The Zoning Board of Adjustment of the Township duly created pursuant to § 7-33 of this Code.
A wall that is not part of the structural support of a building
and is intended, through its design and construction, to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A landscaped, planted strip providing vertical screening
to protect a development from a condition beyond the development,
e.g., an arterial road, and to be maintained for the life of the use
to which the land is put.
That portion of a building envelope within which a building
or structure is permitted to be located.
A combination of materials to form a roofed structure which
is installed, constructed, assembled or erected on the ground or attached
to something having a location on or in the ground, adapted to permanent,
temporary or continuous use (see also "accessory building").
The maximum horizontal plan projection of all covered or
roofed areas on a lot, including the main building and its accessory
buildings or structures, but not including roof overhangs of four
feet or less.
[Amended 10-21-2009 by Ord. No. 12-09]
The central portion of any lot lying between required yards
and/or setback lines.
[1]The vertical plan projection of all covered or roofed areas.
In the case of irregularly shaped or placed buildings, building lines
shall be considered lines parallel to or concentric with lot lines
through the nearest covered point of the building.
The office of a member of a profession, maintained for the
conduct of that profession, including, but not limited to, doctors
or physicians, veterinarians, psychologists, dentists, optometrists,
architects, professional engineers, professional planners, land surveyors,
attorneys, certified professional accountants, physical therapists,
speech therapists, other New Jersey licensed therapists, insurance
agents, and real estate brokers.
[Added 3-8-2021 by Ord. No. 03-2021]
An establishment providing for the care, supervision, and
protection of children that is licensed by the State of New Jersey
pursuant to P. L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.). This term
shall include but not be limited to day-care centers, drop-in centers,
nursery and play schools, child centers, and day cares.
[Added 3-8-2021 by Ord. No. 03-2021]
The provision for the movement of people, goods, water, sewage
or power by means of road, highways, railways, waterways, airways,
pipes, conduits or other means and including facilities for transit,
transportation and communication.
The New Jersey Council on Affordable Housing.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964,
c. 48,[2] or a farm management unit less than five acres producing
agricultural or horticultural products worth $50,000 or more annually
and otherwise satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964,
P.L. 1964, c. 48.
[Added 12-27-2000 by Ord. No. 7-00]
An open space area within or related to a site designated
as a planned 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 planned development.
See "sketch plat" and "sketch site plan."
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service
and approved by the Morris County Soil Conservation District.
[Added 12-27-2000 by Ord. No. 7-00]
A lot fronting on two or more streets at their intersection(s).
See "lot coverage."
A sediment-producing highly erodible or severely eroded area.
A portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below the original
ground surface to the excavated surface.
See "lot depth."
See "dwelling."
An impoundment area created by constructing an embankment,
excavating a pit, or both, for the purpose of temporarily storing
stormwater.
A detention basin or alternative structure designed to temporarily
store stormwater runoff.
Any proposal to subdivide a parcel of land for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or for any mining excavation or land fill or land disturbance (except solely for agricultural purposes), and any use or change in use of any building or other structure or land for which permission may be required pursuant to this chapter. For the purposes of Article XIX, the word "development" shall also mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within an area of special flood hazard.
[Amended 11-28-2001 by Ord. No. 19-01]
The application form and all accompanying documents required
by this chapter for consideration by a Board for action on a development.
See "site area, gross."
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
See "twin house."
A group of interrelated rooms or structures intended or designed
for nontransient residential use of one family, separated from other
dwelling units by lockable doors or common walls, having access to
the outside without crossing another dwelling and having living and
sleeping facilities, cooking facilities and complete sanitary facilities.
A benefit or restriction established in an instrument recorded
in the office of the Morris County Clerk to permit or prevent the
use of land by the public or a particular person or persons, other
than the owner(s), for a specified purpose or in a specified manner.
Establishments serving food or drink for immediate consumption
on the premises or off the premises, including restaurants, lunch
counters, pizza parlors, ice cream parlors, coffee bars and cafes,
and luncheonettes, but excluding drive-in or drive-through restaurants.
[Added 3-8-2021 by Ord. No. 03-2021]
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast-charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
[Added 7-11-2022 by Ord. No. 10-2022]
A building without a basement built in an area of special
flood hazard, to have the top of the elevated floor elevated above
the ground level by means of piling, columns (posts and piers) or
shear walls parallel to the flow of water, and adequately anchored
so as not to impair the structural integrity of the building during
a flood as great as the magnitude of the base flood. In an area of
special flood hazard, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
[Amended 11-28-2001 by Ord. No. 19-01]
The construction official responsible for enforcement of, among other things, Chapter 140 of this Code.
[3]The Township Engineer.
The Environmental Commission of the Township created pursuant to § 7-36 of this Code.
The detachment and movement of land surface by water, wind,
ice or gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing ground surface prior
to excavating or filling.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit and residing together for indefinite periods
of time as a stable and permanent living unit.
[Amended 6-5-2002 by Ord. No. 6-02]
A plan which provides for the use of land, within its capabilities
and treatment, within practical limits, according to a chosen use
to prevent further deterioration of soil and water resources.
Agriculture, including the raising and harvesting of crops
or trees as a source of income, conducted upon a lot in single ownership
of not less than five acres in area. The existence of a vegetable
garden for home consumption shall not be construed as farming.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
[Added 12-27-2000 by Ord. No. 7-00]
A facility used for the wholesale and retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing,
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of the agricultural output of the commercial
farm or at least 51% of the sales area shall be devoted to the sale
of the agricultural output of the commercial farm, and except that
if a retail farm market is located on land less than five acres in
area, the land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500. A farm
market may be situated within or occupy a portion of a building such
as a barn or other farm outbuilding.
[Added 12-27-2000 by Ord. No. 7-00]
A structure having no more than three permanent exterior
walls which is utilized to sell products from commercial farms devoted
to agricultural and horticultural uses. A garage-style door(s) may
be utilized to fully enclose the farm stand for security purposes
when not open for business.
[Added 12-27-2000 by Ord. No. 7-00]
An enclosing barrier, solid or partially open, to prevent
straying from within or intrusion from without. A fence more than
seven feet high is also considered a structure for purposes of this
chapter.
See "plat."
Business establishments where a monetary nature is transacted,
such as banks, savings-and-loan associations, mortgage companies and
similar institutions.
[Added 3-8-2021 by Ord. No. 03-2021]
The final grade or elevation of the ground surface conforming
to the proposed design.
An enclosed building or structure containing multi-use facilities
for conducting fitness-related activities, such as aerobic exercises,
weight training, swimming, sports, yoga, pilates, crossfit, barre,
and cycling/spin classes. Group and individual fitness instruction
are included in this use. Customary accessory uses include locker
rooms, saunas, showers, sale of packaged food and drink, and sale
of equipment and apparel.
[Added 3-8-2021 by Ord. No. 03-2021]
A lot not satisfying the conventional minimum lot frontage
requirements of the zone district, generally configured in the shape
of a flag, with its road frontage provided by a strip of land referred
to as the "flag staff" portion of the lot.
[Amended 10-17-2007 by Ord. No. 12-07]
The portion of a flag lot consisting of a strip of land with
insufficient road frontage which, when setback limitations are applied,
contains no building envelope. The primary purpose of the flag staff
is to provide road frontage and access for a flag lot.
[Added 10-17-2007 by Ord. No. 12-07]
The area between the floodway and the boundary of the one-hundred-year
flood. The flood-fringe area is synonymous with the term "floodway
fringe," as used in the Flood Insurance Study.
The floodway and the flood fringe area as determined by the
New Jersey Department of Environmental Protection, pursuant to the
New Jersey Flood Hazard and Control Act, N.J.S.A. 58:16A-50 et seq.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Township.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map and the water surface elevation of the base flood.
[Amended 11-28-2001 by Ord. No. 19-01]
A temporary condition of partial or complete inundation of
normally dry land areas from the overflow of rivers, streams or other
inland waters, or the unusual and rapid accumulation of runoff of
surface waters from any source.
The area inundated by NJDEP's regulatory flood including
the watercourse that creates it. "NJDEP's regulatory flood" means
NJDEP's adopted Flood Hazard Area Design Flood along streams for which
NJDEP has an adopted flood hazard area and floodway study, and the
one-hundred-year flood along nondelineated streams for which NJDEP
has not delineated a flood hazard area.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as flood damage
prevention ordinance, grading ordinance and erosion control ordinance)
and other applications of police power. The term describes such state
or local regulations, or any combination thereof, which provides standards
for the purpose of flood damage prevention and reduction.
[Added 11-28-2001 by Ord. No. 19-01]
A combination of structural provisions, changes or adjustments
to properties and structures subject to flooding, primarily for the
reduction or elimination of the likelihood of flood damages.
The channel of a brook, stream or other watercourse and portions
of the flood hazard area of the adjacent land areas that must be reserved
to discharge the flow of water of the base flood without cumulatively
increasing the water surface elevation more than 0.2 foot.
[4]
[Amended 11-28-2001 by Ord. No. 19-01]
The sum of the area of all floors of buildings or structures compared to the total area of the site. For lots containing land in two or more zones, see § 225-116E.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation; provided, however, that in designating
a wetland, the three-parameter approach (that is, hydrology, soils
and vegetation) enumerated in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, 1989, and any subsequent amendments
thereto shall be used.
Also referred to in this chapter as the "front facade," the
front elevation shall be considered the side of a building or structure
that faces a road upon which the lot abuts. If the lot abuts more
than one road, the front elevation or front facade includes all sides
of the building facing each road, except in the case of lots fronting
on Route 202, in which case the front elevation shall be deemed to
be the side of the building facing Route 202 only. For the purpose
of determining the front facade in relation to limitations on the
location of accessory structures, if the principal building is constructed
on an angle or if the portion of the principal building facing the
road is curvilinear, the front elevation or front facade shall be
that portion of the building situated closest to the road.
[Amended 9-5-2001 by Ord. No. 17-01]
The area between the road line and a line drawn parallel
to the road line through the nearest point of the building and extending
from side lot line to side lot line.
A closed residential building or portion thereof for the
shelter of motor vehicles owned or used by an occupant of the premises.
Any stripping, cutting, filling, stockpiling, or any combination
thereof, and the land in its cut or filled condition.
An area along and adjacent to a stream or watercourse as well as wetland and standard transition areas within the Great Swamp watershed within which it is the policy of the municipality to preserve all lands in their natural state to the greatest extent possible. Section 225-110 of the Code specifies the lands that constitute the Great Swamp Stream Corridor Preservation Area.
Unless otherwise stipulated in any zoning district, building
height shall be measured as the vertical distance from either the
average existing (preconstruction) or the average finished grade,
whichever is lower, on all sides of the building at a distance of
15 feet from the perimeter of the building to the highest point of
the roof of the finished building. In no event shall the height of
a building at the front elevation, measured as required herein, exceed
the applicable building height for the zoning district (see "front
elevation").
[Amended 3-15-2006 by Ord. No. 7-06; 10-21-2009 by Ord. No. 12-09]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 11-28-2001 by Ord. No. 19-01]
Any structure that is:
[Added 11-28-2001 by Ord. No. 19-01]
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district preliminarily determined by the
Secretary to qualify as a registered historic district;
Individually listed on the New Jersey Register
of Historic Places;
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
An occupation or activity carried out for gain, conducted
within a dwelling unit or other structure situated on the lot, which
is subordinate or accessory to the use of the premises as a private
residence.
See "neighborhood association."
A building, structure or group of buildings or structures, that by design, construction, configuration and operation are primarily intended for the conduct of organized religious services and customary accessory uses incidental and subordinate to the principal use of the property (see § 225-171).
[Added 6-20-2001 by Ord. No. 8-01]
Any structure or device designed to infiltrate retained water
to the subsurface and which is not an injection well. These facilities
may be above grade or below grade. Above-grade infiltration facilities
temporarily impound surface water runoff above grade, to a maximum
depth of two feet, with all retained water infiltrated to recharge.
Below-grade infiltration facilities temporarily retain surface water
runoff below grade in the interstices of coarse aggregate, or other
porous media, with all retained water infiltrated to recharge. Examples
of below-grade infiltration facilities include gravel-surface parking
areas, gravel-filled trenches, and dry wells.
Any stream or drainage channel with definite bed and banks
in which there is not a permanent flow of water as shown on the detailed
map sheets in the Morris County Soil Survey published by the U.S.
Department of Agriculture, Natural Resources Conservation Service,
unless site specific information to the contrary is presented to and
accepted by the Board.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the Township.
Any activity involving clearing, grading, transporting, or
filling and any other activity which causes land to be exposed to
the danger of erosion.
A unit configured for both residential and nonresidential
use to be used and occupied by the same resident, in which the primary
activity is the nonresidential use and the residential use is ancillary
to the primary activity; which contains essential living facilities
containing living and sleeping facilities, cooking facilities, and
complete sanitary facilities; and which may or may not have walls
separating the working and living areas of the unit. The use of the
nonresidential component shall be the production and sale of a skilled
craft (e.g., painting, drawing, jewelry, pottery, sculpture, photography,
video, etc.) or any other use permitted in the zone.
[Added 3-8-2021 by Ord. No. 03-2021]
A designated plot, parcel, tract or area of land separated
from other parcels or tracts by descriptions established by a subdivision
plat of record, survey map, metes and bounds description or otherwise
as permitted by law, and to be used, sold, leased, developed or built
upon as a unit.
In acres or square feet, the total horizontal area of a separately
bounded property included within property lines or right-of-way lines
or described by metes and bounds.
The percentage of lot area that is occupied by buildings and structures, including all roofed areas, plus the area of all uncovered driveways, aisles, sidewalks, parking spaces, loading spaces, swimming pools and associated pool decks, patios, recreation courts and similar areas that are improved or required, specifically excluding any emergency generator having: a rated generating capacity not exceeding 20 kilowatts; a footprint, including the pad, not exceeding 20 square feet; and a height not exceeding 4 feet. For purposes of this definition, drainage and landscaped areas shall not be considered improved. For lots containing land in two or more zones, see § 225-116E.
[Amended 6-4-2003 by Ord. No. 12-03; 11-16-2011 by Ord. No.
12-11]
The length of a line, lying midway between and parallel to
side lines or midway between and making equal angles with two converging
side lines, between the point of its intersection with the street
line and the point of its intersection with a rear lot line.
The horizontal distance between the side lot lines measured
along the road line or, in the case where any portion of the road
line is curved, the horizontal distance between lot lines along the
front setback line.
Any boundary of a lot.
The total area included within the lot and road lines.
The distance between the side lot lines measured along a
line drawn parallel or concentric to the road line at a distance from
the road line equal to the minimum front yard setback.
The lowest floor of the lowest enclosed area, including the
basement, of a building. An unfinished or flood-resistant enclosure,
usable solely for the parking of vehicles, building access or storage
in an area other than a basement is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of other applicable nonelevation design requirements.
Housing affordable according to the U.S. Department of Housing
and Urban Development or the standards included in the rules and regulations
of COAH for home ownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income equal to
50% or less of the median gross household income for households of
the same size within the housing region in which the housing is located,
and which is subject to affordability controls promulgated or approved
by COAH.
Any site plan which is not a minor site plan.
Any subdivision which is not a minor subdivision.
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. "Make-ready" includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
[Added 7-11-2022 by Ord. No. 10-2022]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreation vehicle.
[Added 11-28-2001 by Ord. No. 19-01]
A composite of the mapped and written report and proposals
recommending the physical, economic and social development of the
Township, which shall have been duly adopted by the Planning Board,
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-28, as amended
and supplemented.
Any site plan which is not exempted from site plan review by § 225-66 of this chapter and is limited to the proposed construction of an accessory residence in the R-1 and RR Zones or an accessory structure and/or use specifically permitted by this chapter, such as an off-street parking area or home office occupation; or consists of an expansion of or an addition to an existing conforming structure and/or use not accounting for more than 500 square feet of an enclosed or roofed area or 1,000 square feet of soil disturbance; provided, however, that such site plan does not adversely affect the development of any adjoining property and does not involve:
[Amended 6-4-2003 by Ord. No. 12-03; 11-3-2004 by Ord. No.
22-04]
Any subdivision resulting in not more than three lots; not involving a planned development, any new street or the extension of any off-tract improvement, the cost of which will be assessed pursuant to § 225-48B of this chapter. If any proposed subdivision is submitted for a tract of land within a period of three years from the date of approval of a minor subdivision in which said tract was involved, then such proposed subdivision shall be classified as a major subdivision unless the combined effect of the earlier minor subdivision and the proposed subdivision could have been classified as a minor subdivision.
Housing affordable according to the U.S. Department of Housing
and Urban Development or the standards included in the rules and regulations
of COAH for home ownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income in excess
of 50% but less than 80% of the median gross household income for
households of the same size within the housing region in which the
housing is located, and which is subject to affordability controls
promulgated or approved by COAH.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other or a group of such buildings.
[Added 4-16-2008 by Ord. No. 5-08]
An incorporated nonprofit organization operating in a planned
development under recorded land agreements through which:
Each lot owner shall be a member.
Each occupied dwelling unit is subject to a
charge for a proportionate share of the expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the association by the Township.
Each owner and tenant has a right to use the
common property.
See "site area, net residential."
Structures for which the start of construction commenced
on or after the effective date of Ordinance No. 3-1982, an ordinance
providing for the prevention of flood damage, including any subsequent
improvements to such structures.
[Amended 11-28-2001 by Ord. No. 19-01]
The New Jersey Administrative Code.
The New Jersey Department of Environmental Protection.
New Jersey Statutes Annotated.
A use or activity which was lawful or a building or structure
which was lawfully situated on a lot prior to the adoption, revision
or amendment of a zoning ordinance, but which fails to conform to
the requirements of the zone in which it is taking place or located
by reason of such adoption, revision or amendment.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
An offensive, annoying, unpleasant or obnoxious thing or
practice or a cause or source of annoyance, such as but not limited
to unreasonable quantities of:
Noise.
Dust.
Smoke.
Fumes, gas or vapors.
Odor.
Glare.
Flashes.
Vibrations.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent or stormwater runoff.
The noise of the congregation of people, particularly
at night.
Passenger traffic.
The transportation of goods or materials by
truck or other means.
The invasion of nonabutting street frontage
by parking.
The obscuring or masking of adjacent or nearby
property by projecting signs, marquees or canopies.
The exposed storage of inoperable vehicles,
junk, materials, neglect of land, dilapidation of buildings and the
exposed parking of commercial vehicles on residential lots or areas.
Unusual risks of fire or explosion, such as
the manufacture and/or storage of wood, fuel, explosives, flammable
liquids or gasoline.
The parking of motor vehicles in required front
yards on other than established driveways.
Any use or storage of feed, food, garbage or
other matter in a manner conducive to the support or spread of rodents
or other pests.
The local ownership and exposed parking or the
use of any portable or mobile devices having any other nuisance factors,
including but not limited to such things as sound trucks and advertising
matter on vehicles beyond the identification of the owner or business.
Similar matters covered by other statutes, ordinances
or common laws.
A map adopted in accordance with the Municipal Land Use Law,
N.J.S.A. 40:55D-32, as amended and supplemented, or any prior act
authorizing such adoption.
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 the closest half of the street or
right-of-way abutting the property of which the lot is a part.
[Amended 11-15-1999 by Ord. No. 13-99]
An area, not on a road, accessible from a road and both suitable
and intended for the parking of a passenger motor vehicle.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
[Amended 11-15-1999 by Ord. No. 13-99]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, provided that such area may be improved with only
those buildings, structures, roads and off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land.
An individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity having an entire or partial
legal proprietary interest in fee in a parcel of land.
Any stream or watercourse mapped as perennial on either the
7.5 Minute Series Topographic Maps published by the U.S. Geological
Survey or the detailed map sheets of the Morris County Soil Survey
published by the U.S. Department of Agriculture, Soil Conservation
Service (now known as the Natural Resources Conservation Service),
unless site-specific information to the contrary is presented to an
accepted by the Board.
Establishments providing services, as opposed to products
or goods, involving the care of a person or his/her personal goods
or apparel. Such services include, but are not limited to, tailors,
dry cleaning, shoe repair, custom printing shops, pet grooming, motor
vehicle repair (where such establishment does not include the retail
sale of gasoline), and services licensed by the Board of Cosmetology
and Hairstyling and operate pursuant to N.J.A.C. 13:28-1 et seq. This
definition does not include establishments regulated N.J.A.C. 8:27-1
et seq.
[Added 3-8-2021 by Ord. No. 03-2021]
A planned residential neighborhood or a residential cluster.
A community of dwelling facilities to be developed as a single
entity according to a plan, defined as planned unit residential development
in the Municipal Land Use Law, N.J.S.A. 40:55D-6, and having the following
characteristics:
A gross site area of 25 or more acres.
A variety of the following permitted dwelling
types accommodating both small and large families: single-family,
twin house and townhouse.
A self-contained internal street pattern, excluding
through traffic.
Common open space of five acres or more as a
functioning active recreational or agricultural area accessible to
all people in the neighborhood on foot or by bicycle, and additional
passive common open space for preservation of natural slopes, floodplains,
or watercourses.
The Planning Board of the Township duly created pursuant to § 7-32 of this Code.
The map of a subdivision.
FINAL PLATThe map of all or a portion of a major subdivision, which meets the requirements of this chapter and the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., is submitted to the Board for final approval and, if approved, is filed with the Morris County Clerk.
PRELIMINARY PLATThe map indicating the proposed layout of a major subdivision which meets the requirements of this chapter and is submitted to the Board for preliminary approval.
SKETCH PLATThe map of a subdivision which meets the requirements of this chapter, which is of sufficient accuracy to be used for the purposes of discussion and classification of a subdivision as major or minor and which, in the case of a minor subdivision, is submitted to the Board for approval. When such plat is not submitted for approval, it may also be referred to as a "concept plan."
See "plat."
Institutions engaged in specialized instructional areas,
including, but not limited to, computer/tech, driving schools, language,
SAT tutors, art, music, and dance.
[Added 3-8-2021 by Ord. No. 03-2021]
A private road is a street which is not dedicated to the
public, but which has been approved by the Planning Board or Board
of Adjustment in connection with a major subdivision or site plan.
Offices or facilities owned, used, or operated by a governmental
agency or by a nonprofit, including, but not limited to, libraries,
post offices, and charitable institutions.
[Added 3-8-2021 by Ord. No. 03-2021]
The area between a rear lot line and the nearest setback
line and extending from side lot line to side lot line.
The replenishment of underground water reserves.
A vehicle which is built on a single chassis; 400 square
feet or less when measured at the longest horizontal projections;
designed to be self-propelled or permanently towable by a light-duty
truck; and designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
[Added 11-28-2001 by Ord. No. 19-01]
An area allocated for the collection and storage of source-separated
recyclable materials.
[Added 4-16-2008 by Ord. No. 5-08]
The one-hundred-year flood along nondelineated watercourses
or the Flood Hazard Area design flood along delineated watercourses.
A community of single-family detached houses to be developed
as a single entity according to a plan as defined in the Municipal
Land Use Law, N.J.S.A. 40:55D-6, and having the following characteristics:
A gross site area of 25 or more acres.
Lot sizes smaller than those prevailing or zoned
in the adjacent or surrounding area.
Common open space of five acres or more as a
functioning active recreational or agricultural area accessible to
all people in the cluster on foot or by bicycle, and additional passive
common open space for preservation of natural slopes, floodplains
or watercourses.
The number of dwelling units per acre of gross site area,
including roads, easements and open space portions of a planned development
(see "site area, gross").
Establishments engaged in the selling of goods or merchandise
for consumption or use by the customer off the premises and in rendering
services incidental to the sale of such goods. Such uses shall include,
but not be limited to, bookstores, antique stores, clothing/apparel
stores, jewelers, retail food establishments (i.e., supermarkets,
bakeries, butchers, etc., where prepared food may be sold for immediate
consumption on premises as an accessory use). This definition does
not include the retail sale of gasoline.
[Added 12-27-2000 by Ord. No. 7-00;
amended 3-8-2021 by Ord. No. 03-2021]
An impoundment area with a permanent pool made by constructing
an embankment, or excavating a pit, or both, for the purpose of temporarily
storing stormwater. A retention basin is also called a "wet basin"
or "wet detention basin."
The land and space within a lot or a public road on which
use rights exist for a specific purpose, such as vehicular traffic,
signs, hydrants, pipelines, telephone wires, trees, shrubbery, lines
of sight, slopes and the proper amount of light and air, including
access to such uses.
See "street."
See "lot frontage."
The dividing line between a road or street, whether public
or private, and a lot, which is commonly referred to as the right-of-way
line. The road line shall be a line parallel to the center line of
the road and at a distance equal to 1/2 of the legal width of the
road. If the road width is not specified, then a distance of 25 feet
from the center line shall be used.
[Amended 6-5-2002 by Ord. No. 6-02]
A guarantee solely for the purpose of returning property
that has been disturbed to a safe and stable condition or otherwise
implementing measures to protect the public from access to an unsafe
or unstable conditions.
[Added 6-11-2018 by Ord.
No. 12-18]
The Soil Conservation Service (now the Natural Resources
Conservation Service) of the U.S. Department of Agriculture.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a result of erosion.
That area formed by a barrier or dam built at a suitable
location to retain rock, sand, gravel, silt or other materials.
A reservoir space allotted to the accumulation of submerged
sediment during the life of a structure.
The permitted building line within any lot parallel to or
concentric with any road line or any lot line, behind which all principal
and accessory buildings and structures and parking areas, other than
a driveway, must be placed at a distance equal to the depth of the
required yard. Distances to setback lines shall be measured horizontally
from road or lot lines.
The area between a side lot line and the nearest setback
line, and between the front and rear yards.
A visible name, identification, description, display, illustration,
device, structure or object which is affixed on, painted or represented
directly or indirectly on or inside a building or structure or erected
on a lot, and which directs attention to and/or gives information
about an object, product, place, activity, institution, organization,
business or the interest of any person or product.
BUSINESS SIGNA sign identifying the business activity, products, use or other matters concerning the parcel or premises on which the sign is located.
IDENTIFICATION SIGNA sign identifying the occupant of a structure, a lot or space and the activity.
REAL ESTATE SIGNA temporary nonilluminated sign advertising the sale, open house, rental or leasing of the premises on which it is located.
A separate unattached building containing one dwelling unit
arranged, intended or designed to be occupied by a family consisting
of one or more persons living together as a single housekeeping unit.
Any lot or parcel of land which is the subject of a development
application.
The total gross acreage of a planned development within existing
roads and/or property lines prior to development or subdivision, including
roads, easements and open space portion of the development, but excluding
roads existing prior to the development. The gross site area is used
in determining residential density.
The gross site area of a planned development less common
open space and roads. Where the common space is not designated as
a distinguishable lot, the net residential site area shall be considered
as the area within a cordon line surrounding all residential buildings
and 25 feet therefrom.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the property, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings
and other structures, driveways, parking spaces, walkways, means of
ingress and egress, drainage facilities, utility services, landscaping,
signs, lighting and screening devices; and any other information that
may reasonably be required in order for the Board to make an informed
determination concerning compliance of the plan with the requirements
of this chapter.
FINAL SITE PLANThe map of all or a portion of a major site plan, which meets the requirements of this chapter and is submitted to the Board for final approval.
PRELIMINARY SITE PLANThe map indicating the proposed layout of a major site plan which meets the requirements of this chapter and is submitted to the Board for preliminary approval.
SKETCH SITE PLANThe map of a site plan, which meets the requirements of this chapter, which is of sufficient accuracy to be used for the purposes of discussion and classification of a site plan as major or minor and which, in the case of a minor site plan, is submitted to the Board for approval. When such site plan is not submitted for approval, it may also be referred to as a "concept plan."
See "plat."
See "site plan."
A governmental subdivision of this state denominating the
Morris County Soil Conservation District which encompasses the Township,
organized in accordance with N.J.S.A. 4:24-1 et seq., as amended and
supplemented.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation during and after
the development of a site.
The Handbook for Stormwater Detention Basins (with supplement)
dated December 1991, published by the County of Somerset, New Jersey,
and any revisions or amendments thereto.
For purposes of Article XIX, Flood Damage Prevention, any man-made change to improved or unimproved real estate located within an area of special flood hazard, including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, clearing, cutting or the removal of timber, excavation or drilling operations.
Standard Specifications for Road and Bridge Construction
of the State of New Jersey State Highway Department dated 1961 and
revisions thereof.
The date a building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For the purposes of Article XIX, for a substantial improvement, the "actual start" of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Amended 11-28-2001 by Ord. No. 19-01]
Those waters of the United States within the boundary of
the state or subject to its jurisdiction that are not wetlands as
defined in the Freshwater Wetlands Protection Act Rules, N.J.A.C.
7:7A.
Flow on the surface of the ground resulting from precipitation.
Any covered area with a clear headroom of 6Â 1/2 feet
or more, whether finished or not. If the ceiling or underside of overhead
supporting members is less than four feet above the average grade
surrounding any space, that space shall not be considered a story.
Any space that meets the definition of a "story, half" shall not be
considered a story.
[Amended 6-11-2018 by Ord. No. 10-18]
A space under a sloping roof which has a point of intersection
of the roof and outside wall face not more than three feet above the
top floor level, and in which space the possible floor area with a
headroom of five feet or less occupies at least 40% of the total area
of the story directly beneath. Within the TH-1 Townhouse Zone 1 only,
any such space with a maximum clear headroom less than 6.5 feet and
that is unfinished shall not be considered a half story.
[Amended 6-11-2018 by Ord. No. 10-18; 11-19-2018 by Ord. No. 23-18]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or Township roadway;
or which is shown on 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 plan duly filed and recorded in the office
of the Morris County Clerk prior to the appointment of the Planning
Board and the grant to such Board of the power to review plats; and
includes the land between street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within street lines. See N.J.A.C. 5:21-1.1 et
seq. for street hierarchy definitions.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed, constructed, assembled or erected on, above or below the surfaces of a parcel of land or upon another structure or building and including fences and garden walls more than seven feet high (see also "accessory structure"). For the purpose of Article XIX, "structure" shall mean a walled building, a manufactured home or a gas or liquid storage tank that is principally above ground.
[Amended 11-28-2001 by Ord. No. 19-01]
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity who is an applicant to
a Board to subdivide land for himself or another.
The division of a lot, tract or parcel of land into two or
more lots, or the relocation or elimination of a lot line. Where appropriate
to the context, "subdivision" also means the process of applying for
approval for any such division or lot line relocation or elimination.
If no new road is involved, the following divisions shall not be considered
subdivisions: divisions of land for agricultural purposes where the
resulting parcels are five acres or larger in size, divisions of property
by testamentary or intestate provisions and divisions of property
pursuant to court order (see "major subdivision" and "minor subdivision").
For the purposes of Article XIX, "substantial damage" shall mean the damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
[Added 11-28-2001 by Ord. No. 19-01]
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the start of construction of the improvement.
This term includes improvements to structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
[Amended 11-28-2001 by Ord. No. 19-01]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement officer and which are the minimum necessary to assure
safe living conditions; or
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
A contiguous building or buildings, including one of three
or more contiguous dwelling units in the same structure, each separated
by plane vertical party walls and having direct access to the outside
and the road without use of a common hall, passageway or land and
so laid out that each is susceptible to sale as an individual house
and lot.
The Township of Harding in the County of Morris and State
of New Jersey.
For purposes of Article XVII, Soil Erosion and Sediment Control, the proper Township authority to approve the soil erosion and sediment control plan, which shall include the Planning Board, Board of Adjustment, Construction Official, Township Engineer, Township Committee and such other Township departments, officials, employees and consultants as have the authority to approve such plans.
[Amended 11-17-2010 by Ord. No. 15-10]
The governing body of the Township, consisting of five members
duly elected pursuant to law.
Detail drawings as prepared by the Township Engineer dated
September 1965 and revisions thereof.
Sequence of structures or devices through which runoff passes
before exiting the project site. The combined characteristics of the
individual structures or devices shall satisfy the performance requirements
associated with the no-net-increase provisions of this chapter.
A building containing two dwelling units separated by a party
wall in a vertical plane with each unit susceptible to sale as an
individual house and lot.
The purpose for which land or a building is designed, arranged,
intended or employed or for which it is or may be occupied or maintained
(see "accessory use").
Relief from the strict application of a requirement of this
chapter applied for or granted by the Board of Adjustment pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-70d, as amended and
supplemented.
Relief from the strict application of a requirement of this
chapter applied for or granted by the Board of Adjustment or the Planning
Board pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-70c
or d, as amended and supplemented.
The stabilization of erosive or sediment-producing areas
by covering the soil with permanent seeding, producing long-term vegetative
cover; short-term seeding, producing temporary vegetative cover; or
sodding, producing areas covered with a turf of perennial sod-forming
grass.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and any area adjacent thereto subject to inundation
by reason of the overflow of floodwater.
A one-year frequency, twenty-four-hour storm (2.7 inches
of rainfall), using the Type III rainfall distribution recommended
for New Jersey by the U.S. Natural Resources Conservation Service
or a storm of 1.25 inches of rainfall falling uniformly in two hours.
A detention basin designed to retain some water on a permanent
basis. Another name of wet basin is "wet detention basin" or "retention
basin."
A device for sending and receiving of low-power electromagnetic
waves (typically less than 500 watts) used for delivery of wireless
radio telecommunications through a network.
An area where wireless telecommunications buildings, equipment,
antennas, and/or towers are located.
Antennas, towers, equipment, buildings and/or structures
for the delivery of wireless radio telecommunications through a network.
A vertical structure designed to support wireless telecommunications
antennas, which may be a monopole, self-supporting or of guyed lattice
construction.
The area between any lot or road line and the nearest setback
line.
A district of the Township.
The Township official responsible for enforcement of Part 3, Zoning, of this chapter and/or his duly authorized representatives.
[1]
Editor's Note: The definition of "building
floor area," which followed this definition, was repealed 3-15-2006
by Ord. No. 7-06.
[2]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
[4]
Editor's Note: The definition of "floor area,
building," which followed this definition, was repealed 3-15-2006
by Ord. No. 7-06.
A.Â
The rules, regulations and standards of this chapter
applicable to development plans shall be considered the minimum requirements
for the protection of the public health, safety, morals, convenience
and general welfare of the citizens of the Township. Any action taken
by the Board under the provisions of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community. However, if the developer or his agent can clearly
demonstrate that, because of peculiar conditions pertaining to his
land, the literal enforcement of one or more of these regulations
is impractical or will exact undue hardship, the Board may permit
such modifications as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
this chapter.
B.Â
It is not intended by this chapter or amendments hereof
to repeal, abrogate, annul or in any way to impair or interfere with
any existing provision of any law, ordinance, rule, regulation or
permit previously adopted or issued (other than the predecessor of
this chapter), or which shall be adopted or issued pursuant to law,
relating to the use of buildings or premises; nor is it intended by
this chapter or amendments hereof to interfere with or abrogate or
annul any easement, covenant or other agreement between private persons;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings
or requires larger yards or other open spaces than are imposed or
required by an existing law, ordinance, rule, regulation or permit
or by any such easement, covenant or agreement, the provisions of
this chapter shall control.
