As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY BUILDING
Subordinate building or structure on the same lot with a
main building, or a portion of such main building, occupied or devoted
exclusively to an accessory use. Where an accessory building is attached
to a main building in a substantial manner as by a wall or roof, such
accessory building shall be considered to be part of the main building.
ACCESSORY USE
Use naturally and normally incident and subordinate to the
main use of the premises or lot.
ACTIVITY OF AN OFFICE NATURE
Residence-based business activity which does not involve
on-premises retailing, wholesaling, jobbing, manufacturing, repairing,
altering, assembling, storing, warehousing or distributing any products
or goods, or an on-premises activity of a creative/artistic nature,
or on-premises provision of any services directly to persons or other
creatures.
ADMINISTRATIVE OFFICER
The Township Planning Director unless a different Township
official is designated by this chapter or statute.
ADULT CARE CENTER
A facility providing for social and recreational activities,
meals, entertainment and related services for the elderly or other
persons in need of similar services on a daily basis without overnight
accommodations.
[Added 8-19-2013 by Ord. No. 22-2013]
ADULT HOUSING
A building or group of buildings, with each building containing
individually-owned dwelling units, with occupancy of at least 80%
of the units restricted by deed or other instrument to residents among
whom the primary occupant(s) is/are at least 55 years of age; and
dining, recreational and personal services specifically designed to
meet the physical and social needs of its residents.
ALTERATION OF A BUILDING
Any change in the supporting members of a building; any addition
to or diminution of a building; a change in use from that permitted
in one zone district to a use permitted in another; any conversion
of a building or a part thereof; or the removal of a building from
one location to another.
AMBULATORY CARE CENTER
A facility, operated by a public or private hospital, at
which such hospital provides on an outpatient basis and as the primary
activity of the facility: medical treatment, including but not limited
to diagnosis, testing, therapy, same-day surgery, dialysis, and rehabilitation,
by doctors, nurses and others licensed by the State of New Jersey
to provide such care.
[Added 4-9-2007 by Ord. No. 8-2007]
AMUSEMENT DEVICE
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disk or key into a slot, crevice or
other opening or by the payment of any price, is operated or may be
operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, and shall include,
without limitation, such devices as long or other types of electronically
operated game devices, skillball, mechanical games, operations or
transactions similar thereto, by whatever name they may be called,
and shall not include pool or billiard tables.
ANIMATED SIGN
Any sign that uses movement, video, digital technology, LED
(light emitting diode), scrolling or change of lighting to depict
action or the illusion of movement or to create a special effect or
scene or to change effects, scenes or messages.
[Added 10-20-2008 by Ord. No. 33-2008; amended 6-15-2009 by Ord. No. 26-2009]
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use or zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-36.
APPROVED STAIRWAY
A permanent accessway that allows for uninterrupted ingress
to or egress from a space within a structure. A mechanically or manually
operated or pull-down stair, or an opening requiring the placement
of a ladder or other device for access, is not an approved stairway.
[Added 9-5-2006 by Ord. No. 40-2006]
ASSISTED LIVING FACILITY
A facility which is licensed by the State of New Jersey to
provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed for 50 or
more adult persons unrelated to the proprietor, with no more than
two persons per unit, such persons either being related or consensual
as to the living arrangement. The individual residential units shall
offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable entrance door.
ATTIC
That part of a building that is immediately below and is
wholly or partly within the roof framing and that is not served by
an approved stairway for ingress or egress.
[Added 9-5-2006 by Ord. No. 40-2006]
BASEMENT
An area partially or completely below grade, with either
more than 1/2 of its floor-to-ceiling height above the finished grade
of the adjoining ground on all sides or with the ceiling of the space
more than four feet above the finished grade of the adjoining ground
at any point.
[Amended 9-5-2006 by Ord. No. 40-2006]
BEACON
A stationary or revolving or otherwise moving light that
flashes, blinks, flickers, or projects illumination in one or more
colors or intensities in any manner that attracts or diverts attention
for any reason other than public safety.
[Added 10-20-2008 by Ord. No. 33-2008]
BERM
A mound of earth or the act of aggregating earth into a mound.
[Added 8-19-2013 by Ord. No. 21-2013]
BILLBOARD
A sign, graphic or display, whether freestanding or mounted
on or a part of a building or structure, that advertises or directs
attention to anything other than a business, product, service, function
or other activity offered upon the premises where the sign is located.
[Added 10-20-2008 by Ord. No. 33-2008]
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE RATIO
The ratio of the horizontal area measured from the exterior
surface of exterior walls of the largest floor of all principal and
accessory buildings on a lot to the total lot area.
CAFE
An accessory service, within a retail store or office building,
offering hot and/or cold nonalcoholic beverages, hot and/or cold sandwiches
and baked goods, soups, candies and snacks and which may provide seating
for on-premises consumption.
[Added 4-17-2006 by Ord. No. 18-2006; amended 2-28-2011 by Ord. No. 5-2011]
CANOPY
A roof-like ornamental architectural structure generally
made of a cloth material.
CELLAR
An area partially or completely below grade, with less than
1/2 of its floor-to-ceiling height above the finished grade of the
adjoining ground on all sides; and with the ceiling of the space less
than four feet above the finished grade of the adjoining ground at
all points.
[Added 9-5-2006 by Ord. No. 40-2006]
CHILD-CARE CENTER
Any facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
less than 24 hours a day as defined in N.J.S.A. 30:5B-3, as may be
amended hereafter, and subject to the further requirement that such
facility be licensed by the New Jersey Department of Human Services
pursuant to N.J.S.A. 30:5B-1 et seq.
COMMERCIAL TRAILER
Any vehicle which is or may be mounted on wheels, with or
without independent motive power, designed for being pulled on a street
by a motor vehicle for the purpose of carrying persons or property,
and either has a commercial vehicle license plate; contains exterior
lettering identifying it as being used for business or other commercial
use; or is designed for or primarily devoted to business or other
commercial use.
COMMERCIAL VEHICLE
Any truck, automobile or other motor vehicle of any kind
which either has a commercial vehicle license plate; contains exterior
lettering identifying it as being used for business or other commercial
use; or is designed for or primarily devoted to business or other
commercial use.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property
by one owner or by two or more owners owning such property jointly,
or as tenants by the entirety, or as tenants in common.
COMPREHENSIVE SIGN PACKAGE
An element of a site plan for nonresidential or mixed-use
development buildings that includes detailed information and scaled
graphics, presented in a clear and concise manner, for all elements
of the signage when three or more types of signage are proposed therein;
including but not limited to purposes, locations, dimensions, square
footage, color palettes, design character, font types and sizes, illumination,
visual effects, mechanical or electric characteristics, construction
materials, design relationship to the buildings and landscaping, lines
of sight if intended to be visible to motorists, and impacts upon
public safety or health or upon other property in the vicinity.
[Added 2-23-2009 by Ord. No. 2-2009]
CONDITIONAL USE
A use permitted in a particular zone 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.
CONGREGATE CARE HOUSING
A residential facility in which congregate dining and other
services are provided to residents; occupants reside in individual
apartment-type dwelling units, which may include an efficiency kitchen
but not a full-service kitchen with a cooking surface; and the primary
occupant of each unit either is at least 55 years of age or qualifies
as being handicapped or disabled under state or federal law. This
term is intended to include residential facilities which are similar
to assisted living facilities. This term is included to exclude all
other residential facilities, including but not limited to nursing
homes, independent senior citizen housing and adult housing as defined
in this section.
CONGREGATE SENIOR LIVING FACILITY
A residential facility in which congregate dining and other
services are provided to residents; occupants reside in individual
apartment-type units, which may include an efficiency kitchen; and
the primary occupant of each unit is at least 55 years of age. This
term is intended to exclude adult housing, senior citizen housing,
independent senior living facilities, assisted living facilities,
nursing homes and any residential facility requiring a certificate
of need.
CONTINUING CARE FACILITY
A building or group of buildings devoted to a combination
of uses, including assisted living facility and/or nursing home uses,
as defined in this section.
CORNER LOT
A lot at the junction of and having frontage on two or more
intersecting streets or a lot bounded on two or more sides by the
same street.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATIONS
The Township zoning regulations, subdivision regulations,
site plan regulations, Official Map regulations or any other Township
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DRAINAGE RIGHT-OF-WAY
The lands required 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 therein
to safeguard the public against flood damage in accordance with Chapter
1A of Title 58 of the Revised Statutes, and including lands intended
as flood control basins.
DRIVE-IN RESTAURANT
A business or establishment engaged in the sale of food,
soft drinks, ice cream and similar confections which are so prepared,
packaged in paper or other types of disposable wrappers or containers
and served at counters either inside or outside the confines of a
building, or to persons in motor vehicles, so as to be intended for
immediate consumption either within or without the building or in
motor vehicles while parked on the premises.
DRIVE-THROUGH OR DRIVE-UP FACILITY
A building design aspect, or any physical facility (other
than a vehicle fueling facility at a public filling station), that
permits customers or patrons in vehicles to engage in business transactions
with a business at that building or facility while remaining in their
vehicles.
[Added 12-15-2008 by Ord. No. 43-2008]
DWELLING UNIT
A unit comprising living accommodations designed and used
for occupancy by only one family.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
[Added 7-16-2018 by Ord.
No. 8-2018]
FAMILY
Up to three persons unrelated by blood, marriage or adoption
living privately together as a single housekeeping unit and using
certain rooms and cooking facilities in common. Nothing herein contained
shall be construed to prevent the placement of foster children by
the New Jersey Division of Youth Services or a duly incorporated child
welfare agency with families living in a one-family zone.
FAMILY DAY-CARE HOME
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day-care in which child-care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child-care
services:
(1)
The child being cared for is legally related
to the provider; or
(2)
The child is being cared for as part of a cooperative
agreement between parents for the care of their children by one or
more of the parents, where no payment for the care is being provided.
FENCE
Any structure, including a wall, made of wood, metal, plastic,
stone or other material, or any combination of materials (other than
solely of living vegetation), erected or maintained for the purpose
of fully or partially enclosing an area of real property or dividing
or separating real property into distinct portions or separating contiguous
pieces of real property.
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.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with a county recording officer. A final plat shall have affixed thereto a seal of a licensed land surveyor in compliance with all provisions of Chapter
141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.). This must be filed with the appropriate county officials within 90 days after final approval is granted.
FINAL SITE PLAN
The final map of an application for development submitted for final approval, pursuant to §
170-70, provided that said map shall meet all required conditions of §
170-71D or
G, as the case may be.
FIRST-FLOOR LEVEL
The floor of the cellar or basement of any building or structure
or the highest point of the concrete slab used as the first floor
of the building or structure where there is no cellar or basement.
FLASHING SIGN
Any illuminated sign or display all or any portion of the
illumination of which is not kept constant. A sign or display, or
portion of a sign or display, that shows only changing date, time
or temperature or any combination of the three shall not be deemed
a flashing sign.
[Added 10-20-2008 by Ord. No. 33-2008]
FLOOR AREA
The area of all floors computed by measuring the dimensions
of the outside walls of a building, excluding attic and basement floors,
porches, patios, terraces, breezeways, verandas and residential garages.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
HABITABLE FLOOR AREA
The sum of the gross horizontal area of all the stories,
and half stories, of a building as measured from the exterior face
of exterior building walls, or from the center of a wall separating
two buildings. In a residential building any basement, cellar or attic,
including walk-out basements, and the first 450 square feet of any
garage space, shall not be included in the calculation of habitable
floor area.
[Added 9-5-2006 by Ord. No. 40-2006;
amended 8-9-2021 by Ord. No. 17-2021]
HABITABLE FLOOR AREA RATIO
The sum of the habitable floor areas of the principal building
on a site divided by the total area of the site.
[Added 9-5-2006 by Ord. No. 40-2006;
amended 8-9-2021 by Ord. No. 17-2021]
HALF STORY
A space under a sloping roof and in which the possible floor
area with head room of 6.5 feet or more occupies no more than 50%
of the total floor area of the story directly beneath.
[Added 9-5-2006 by Ord. No. 40-2006]
HEIGHT OF BUILDING
The averaged vertical distance, measured at a minimum of
four corners of the building, to the highest point of the building
from the original lot grade or from the lot grade on a site plan,
subdivision plan, or other plan as approved by the appropriate municipal
agency or department. However, the lot grade from which the measurement
is taken shall not consist of mounding, terracing or any devices or
means designed or employed to allow increased building height.
[Amended 9-5-2006 by Ord. No. 40-2006]
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as having historical,
archaeological, cultural, scenic or architectural significance.
HOSPICE
A facility for terminally ill persons that is designed to
assist patients with a life expectancy of six months or less. The
facility may be part of a nursing home, assisted living facility or
a unit of the hospital building.
[Added 8-19-2013 by Ord. No. 22-2013]
IMPERVIOUS COVERAGE
Coverage of land by buildings, structures, pavement (including
sidewalks) and other land improvements which prevent or are likely
to prevent normal stormwater absorption into the ground, but not including
detention and retention facilities.
INDEPENDENT SENIOR LIVING FACILITY
A building or group of buildings containing dwelling units
which are restricted by deed or other instrument to occupancy by no
more than two persons, with the primary occupant being at least 55
years of age. Due to death, a surviving household member of less than
55 years of age shall be allowed to remain.
[Amended 8-8-2005 by Ord. No. 20-2005]
INSTITUTIONAL USE
Use by churches, synagogues and other like buildings devoted
primarily to worship; public, parochial and nonprofit elementary schools,
junior high schools and high schools accredited by the New Jersey
Department of Education; and quasi-public nonprofit hospitals.
LIGHT-EMITTING DIODE (LED)
A technology utilizing solid-state devices to convert electric
energy directly into light.
[Added 3-15-2010 by Ord. No. 8-2010]
LIQUID ELECTRONIC SMOKING SOLUTION CONTAINER
A bottle or other container of liquid, wax, gel or other
substance, where the liquid or other contained substance is sold,
marketed or intended for use in a vapor product but does not include
containers prefilled and sealed by the manufacturer and not intended
to be opened by the consumer.
[Added 7-16-2018 by Ord.
No. 8-2018]
LONG-TERM ACUTE CARE FACILITY
A facility licensed or approved by the State of New Jersey
and primarily providing acute care through a broad spectrum of clinical
care and rehabilitative services for acutely ill/medically complex
patients requiring an extended stay after discharge from a public
or private hospital or a licensed health care facility; but does not
include a facility that provides care or services for patients whose
primary needs are in respect of addiction or mental health.
[Added 4-9-2007 by Ord. No. 8-2007]
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 AREA
The total square unit contents included within lot lines.
LOT, FLAG
A flag-lot is a lot not meeting the minimum frontage requirements
and where access from the lot to the street is by a private right-of-way
or driveway whether part of the lot or by easement.
[Added 2-22-2015 by Ord.
No. 7-2016]
LOT FRONTAGE
That part of the lot that is coincidental to any abutting
street right-of-way line. A corner lot shall be deemed to have frontage
on any abutting street. In the case of a lot extending from one street
to another, said lot shall be construed as having two front yards,
and the front yard setback from each street shall be complied with.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in §
170-68C and cash.
MAJOR OR ANCHOR TENANT
A shopping center tenant whose total floor area exceeds 15%
of the total floor area of the shopping center, except that in no
event shall there be more than three such tenants in one shopping
center.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision or
resubdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
MINOR SITE PLAN
[Added 9-5-2006 by Ord.
No. 33-2006; amended 8-6-2007 by Ord. No. 27-2007; 11-26-2012 by Ord. No. 16-2012; 5-19-2014 by Ord. No. 11-2014; 10-20-2014 by Ord.
No. 22-2014; 3-9-2015 by Ord. No. 1-2015; 9-19-2016 by Ord. No. 26-2016; 3-25-2019 by Ord. No. 6-2019]
(1)
A site plan of one or more lots a) in a nonresidential district,
or b) containing an existing nonconforming nonresidential use in a
residential district, or c) containing a conditional use, for approval
of, or including, the installation, erection, expansion, replacement
or relocation of one or more of the following:
(a)
Number off-street parking spaces when there is a change in use
from one previously approved to another specifically permitted in
the zoning district;
(b)
Approval of entrance, exit or condition of use signs at an existing off-street parking area when of a size greater than the five square feet of area or three feet of height that can be approved by the Construction Official under §
170-94A(3);
(c)
Redesign of the layout or internal traffic flow of an existing
off-street parking area;
(d)
One or more electric docking ports to service vehicles parked
in an existing off-street parking area;
(e)
Barrier-free access for persons with disabilities;
(f)
Emergency vehicle access to the site;
(h)
An agreement for shared parking, on-site or off-site, for uses
within the same district;
(i)
A refuse or solid waste storage and collection area and its
screening;
(j)
An increase in a building's footprint not exceeding the lesser
of 600 square feet or 10%;
(k)
Facade alteration or increase in height;
(l)
An accessory storage structure not exceeding 100 square feet
gross floor area and a height of 10 feet;
(m)
Wall or window signage or a comprehensive sign package when
such signs do not include exposed light-emitting diode (LED) technology;
(n)
A fence or retaining wall;
(o)
Emergency power generation capacity not exceeding 2,000 kW;
(p)
A ground-mounted small solar energy system serving an existing
on-site building;
(q)
Establishment of outdoor seating on-site for consumption of food or beverages by patrons with a number of seats in excess of the number that can be authorized by seasonal permit pursuant to §
170-92.1;
(r)
A playground at a use for which a playground is a customary
and incidental use;
(s)
Change to the Livingston Town Center Comprehensive Mixed-Use
Sign and Awning Package;
(2)
Provided always that such site plan contains the information
reasonably required in order to make an informed determination as
to whether the requirements established by ordinance for approval
of a minor site plan have been met and does not involve approval of:
(c)
Any new street or extension of any off-tract improvement which
is to be prorated pursuant to N.J.S.A. 40:55D-42 or ordinance.
(d)
A deviation from the Livingston Town Center Redevelopment Plan.
MINOR SUBDIVISION
A subdivision of land for not more than five lots, provided
that such subdivision does not involve:
(3)
The extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MULTIFAMILY DWELLING
A dwelling unit located in a building containing one or more
similar units which are adjoining above, below or to the side and
which may share common facilities, such as entryways, hallways and
utility systems.
MULTIPLE MESSAGE SIGN
Any sign or display, or any portion thereof, on or in which
all or any portion of text, special effects, scenes or symbols (other
than depiction of date, time or temperature or any combination of
the three) are changed by mechanical, electrical or electronic means,
or by digital technology, two or more times per twenty-four-hour period.
[Added 10-20-2008 by Ord. No. 33-2008]
MUNICIPAL AGENCY
The Township Planning Board or Board of Adjustment or Township
Council when acting pursuant to this chapter.
NATURAL/EXISTING GRADE
The elevation of the ground level in its natural state before
construction, filling or excavation.
[Added 8-19-2013 by Ord. No. 21-2013]
NEON SIGN
A self-luminous electric sign, usually constructed of glass
tubing, containing a vapor or gas and configured to form a display
or lettering. It includes any neon construction that frames a window
or door or is purely decorative.
[Added 10-20-2008 by Ord. No. 33-2008]
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 reasons of such adoption, revision or amendment.
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 reasons 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 reasons of such adoption, revision or amendment.
NURSING HOME
A residential facility licensed or regulated by the State
of New Jersey that provides room, meals, and help with daily functioning
for persons with chronic physical or cognitive disabilities that prevent
them from living on their own. A nursing home may provide short-term,
intermediate-term or long-term accommodations. The term “nursing
home” excludes long-term acute care facilities and all other
residential facilities defined in this section.
[Added 4-9-2007 by Ord. No. 8-2007]
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of N.J.S.A.
40:55D-1 et seq. Such map shall be deemed conclusive with respect
to the location and width of streets and public drainageways and location
and extent of flood control basins and public areas, including public
parks, playgrounds, trails, paths and other recreational areas, public
open spaces, scenic and historic sites, sites for schools and other
public buildings and structures, whether or not such streets, ways,
basins or areas are improved or unimproved or are in actual physical
existence.
OFF TRACT
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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.
OPEN SPACE ZONING or RESIDENTIAL CLUSTER
A permitted reduction in lot size and lot area requirements
in major subdivisions in the R-1 Zone in which the density requirements
are maintained and where all resulting undeveloped land within said
subdivision is set aside for a common or public open space as an appurtenance.
OWNER
Any individual, firm, association, partnership or corporation
having proprietary interest in the land sought to be processed for
development under this chapter.
PARKING AREA
An open area other than a street or other public way used
for parking of motor vehicles, which shall include parking spaces
and service aisles as herein defined and regulated but shall not include
access drives from a public thoroughfare.
PARKING SPACE
A rectangular space designed to be used as an accommodation
for off-street motor vehicle parking, exclusive of access drives or
aisles. The minimum dimensions of a parking space shall meet the following
standards:
(1)
Minimum width: nine feet, except for parking
areas in nonresidential zones designed to accommodate employees and
visitors of the permitted use, in which case the minimum width may
be reduced to 8 1/2 feet if indicated on the paved area with
hairpin striping. This shall not be construed to permit parking spaces
to be reduced to a minimum width of 8 1/2 feet where said spaces
are primarily designed to serve retail sales and service establishments.
"Hairpin striping" shall be the demarcation of each parking space
by a double parallel line on each side of said space. The width of
each double line shall be four inches, the distance between the parallel
lines on each side of the parking space shall be 10 inches, and the
distance between the inside parallel lines on opposite sides of each
parking space shall be at least seven feet.
(2)
Minimum length: 20 feet, provided that any parking space that extends beyond a curb along the periphery of a parking area, as approved by the Planning Board, need only be 18 feet in length measured from the face of the curb to the edge of the required aisles. All parking spaces shall have adequate provisions for ingress and egress as required by §
170-94B(10) of this chapter.
PARKING STRUCTURE
A building or structure of more than one level, used as an
accommodation for off-street parking of motor vehicles, which shall
include parking spaces, service aisles and ramps for access and egress
between levels.
[Added 8-4-2008 by Ord. No. 24-2008]
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a final subdivision or site plan, including but not limited to surety bonds, letters of credit under the circumstances specified in §
170-67A and cash.
PLAT
The 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,
40:55D-48 and 40:55D-49, prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Director for Planning Board consideration and preliminary approval and meeting the requirements of Article
IX of this chapter.
PRELIMINARY SITE PLAN
The preliminary development plan indicating the proposed layout of the site which is submitted to the Planning Director for Planning Board consideration and preliminary approval and meeting requirements of Article
IX of this chapter.
PRIVATE GARAGE
A detached accessory building or a portion of a principal
building having a minimum inside dimension of 12 feet in width and
20 feet in length, used only for the storage of motor vehicles owned
or used by the occupant of the principal building to which the garage
is an accessory.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for
the holding of water for use by the occupant, his family or guests,
for swimming, diving and other aquatic sports and recreation. The
term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground having a capacity of less
than 500 gallons.
PRIVATE TENNIS COURT
Any artificially constructed surface and appurtenances used
for the conduct of sport, including but not limited to tennis, paddleball,
platform tennis and handball.
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 biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
PUBLIC GARAGE OR FILLING STATION
Any building, premises or land in which or upon which a business,
service or industry involving the storage, maintenance, washing or
servicing and storage in connection therewith, of motor vehicles is
conducted or rendered.
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.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RESUBDIVISION
The changing or moving of any property line, provided that
no additional lots are created. "Resubdivision" shall also include
the assembly of two or more lots into a fewer number of lots than
existed prior to the resubdivision.
RETAINING WALL
A wall, made of brick, stone, cinder block or similar masonry
material or of concrete faced with brick or stone or of wood or of
any other material, or of any combination of materials, and required
in order to prevent collapse or erosion because the property to be
retained is at a natural grade higher than that of the property toward
which the wall faces.
ROOF SIGN
Any sign affixed to the roof of a building or structure.
[Added 10-20-2008 by Ord. No. 33-2008]
SENIOR CITIZEN HOUSING
A building or group of buildings containing one or more dwelling
units, the occupancy of which is restricted by deed or other instrument
to a person or persons in any one of the following categories:
(1)
Up to two individuals, both of whom are 62 years
of age or older.
(2)
A man and wife, either one of whom is 62 years
of age or older.
(3)
A single person over age 20 but under the age
of 62 living with either of the above, when the presence of said person
is essential to the physical care or support of either of the above.
SIGN
Any sign, billboard, ground sign, roof sign, sign painted
or printed on the exterior surface of a building or structure, illuminated
sign, temporary sign, banner or canopy, and shall include any announcement,
declaration, demonstration, display, illustration or insignia used
to advertise or promote the interests of any person or product when
the same is placed out of doors in view of the general public.
SINGLE-FAMILY DWELLING STRUCTURE
A suite of one or more rooms designed for occupancy by one
family, plus not more than two roomers or boarders where permitted;
provided, however, that any family consisting of two or three unrelated
members shall not be permitted to have roomers or boarders.
SINGLE OWNERSHIP
Ownership by one owner or by two or more owners, whether
jointly, as tenants by the entirety or as tenants in common, of a
separate parcel of real property not adjacent to land in the same
ownership.
SITE PLAN
A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
(2)
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
and screening devices.
(3)
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
SITE PLAN COMMITTEE
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for purposes of reviewing site plans
for a report back to the entire Board and such other duties relating
to land development which may be conferred on this Committee by the
Board and the Board's bylaws.
STORAGE GARAGE
Any building, except a private garage as defined above or
a public garage as defined above, used exclusively for the storage
of motor vehicles or construction equipment.
STORY
That portion of a building included between the surface of
any floor above the average elevation of ground at the foundation
wall and the surface of the next floor above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
is shown upon a plat heretofore approved pursuant to law, is approved
by official action as provided by this chapter or 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.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed above or below the surface
of a parcel of land.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or another, and with the owner's written consent presented to the
Planning Board.
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:
(1)
Divisions of land found by the Planning Board
or Subdivision Committee to be for agricultural purposes where all
resulting parcels are five acres or larger in size.
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property by court order, including
but not limited to judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other
recorded instrument.
(5)
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 this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
Township. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION/SITE PLAN COMMITTEE
A Committee of at least three, but always less than a quorum
of, Planning Board members appointed by the Chairman of the Board
for the purpose of reviewing subdivisions and site plans, and such
other duties as relate to land subdivision or site plans which may
be conferred on this Committee by the Board and the Board’s
rules of procedure, for determination of whether the subdivision or
site plan is a minor subdivision or a minor site plan, and this Committee
may then grant approval of such subdivision or site plan or, in its
discretion, make recommendations to the Board in respect of action
thereon.
[Amended 9-5-2006 by Ord. No. 33-2006; 6-7-2010 by Ord. No.
19-2010]
SURGERY CENTER
A health care facility that specializes in providing surgery
and diagnostic services in an outpatient setting, and which is licensed
as an ambulatory surgery facility, separate and apart from any other
facility license.
[Added 8-19-2013 by Ord. No. 22-2013]
TELECOMMUTING
Working at home, by a resident, one or more days a week,
utilizing telephonic, electronic or other technology to perform work
which would otherwise be performed by the resident at a workplace
elsewhere than at the person's residence.
TOWNHOUSE
One of a series of single-family dwellings attached by a
common wall between it and the adjacent unit or units, together with
individual front and rear entrances and yards designed as an integral
part of each unit and having been constructed in conformity with an
approved development plan.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
VAPOR PRODUCT
Any noncombustible product that employs a heating element,
power source, electronic circuit or other electronic, chemical or
mechanical means, regardless of shape or size, to produce vapor from
a solution or any form, including any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product or
device, and any vapor cartridge or other container in a solution or
other form intended to be used with, or in, any such device.
[Added 7-16-2018 by Ord.
No. 8-2018]
VEHICLE SIGN
Any sign displayed on a motorized or towable vehicle, whether
the vehicle is in motion or parked, when the predominant purpose of
the then operation or location of the vehicle is to advertise a business,
product, service, function or other activity.
[Added 10-20-2008 by Ord. No. 33-2008]
WIRELESS TELECOMMUNICATIONS ANTENNA
A device used for sending or receiving low power electromagnetic
waves used for the delivery of wireless radio telecommunications through
a network.
WIRELESS TELECOMMUNICATIONS TOWER
A vertical structure designed principally to elevate and
support wireless telecommunications antennas, which is freestanding
and is not attached to a building or a structure, having an independent
principal purpose or function.
YARDS
(1)
FRONT YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending across the full width of any lot and lying between the front street right-of-way line and the nearest line of any building on said lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the Master Plan of the Township, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on said Master Plan rather than from the existing front street right-of-way line. No steps, fence, wall or any other aboveground object which is appurtenant to the private property shall extend into any street right-of-way in any zone district. Front steps, terraces, porches or balconies extending not more than 72 inches from the front line of any building and within the required front yard or a front yard not conforming as to setback shall not be construed as part of said building or as in violation of a required front yard setback if not closer than 15 feet to the public sidewalk or the front street right-of-way line unless enclosed on one or more sides by a wall (other than the building front facade, railing, screen, or other means, higher than 36 inches.
[Amended 6-7-2010 by Ord.
No. 19-2010; 10-20-2014 by Ord. No. 23-2014]
(2)
REAR YARDAn open, unoccupied space, unless occupied by an accessory building or use hereinafter specifically permitted, extending across the full width of any lot between the rear line of any principal building thereon and the rear lot line of said lot. Stoops, steps, terraces or balconies extending not more than 48 inches into the required yard shall not be construed as part of the building unless said projections are enclosed on one or more sides.
(3)
SIDE YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the side line of the principal building nearest thereto. Stoops, steps, terraces or balconies extending not more than 48 inches into the required yard shall not be construed as part of the building unless said projections are enclosed on one or more sides.