As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY APARTMENT
A separate housekeeping unit complete with its own sleeping,
cooking and sanitary facilities which is substantially contained within
or added to the structure of a single-family dwelling.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure, the use of which is
customarily incidental to that of the main building and which is located
on the same lot as that occupied by the main building.
ACCESSORY USE
A use customarily subordinate and incidental to the principal
use of a building, lot or land or part thereof.
AGE-RESTRICTED DWELLING UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum age of either 62 years,
or 55 years and meets the provisions of the 42 U.S.C. § 3601
et seq., except that due to death, a remaining spouse of less than
55 years of age shall be permitted to continue to reside.
[Added 12-6-2017 by Ord.
No. 2017-09]
ALTERATION OF A BUILDING
Any change in the supporting members of a building except
such change as may be required for its safety; any addition to a building
or removal of a building from one location to another.
APARTMENT
A dwelling unit, located in a building containing two or
more similar units and adjoining said units above, below or to the
side, which may share with said similar units such common facilities
as entryways, halls and utilities.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, residential
cluster, conditional use or zoning variance.
BASEMENT
A story partly above grade level having more than 1/2 of
its floor-to-ceiling height above the average level of the adjoining
ground. A "basement" shall be a story if used for business or dwelling
purposes.
BILLBOARD
A sign that advertises or promotes goods or services not
sold or offered on the premises where the sign is located. See also
the definition of "sign, advertising."
[Added 2-19-1992 by Ord. No. 1992-05]
BLOCK
An area of land surrounded by streets.
BOARD
The Planning Board of Lopatcong Township, except when the
Board of Adjustment is authorized to act pursuant to N.J.S.A. 40:55D-1
et seq., in which case it shall mean Board of Adjustment of Lopatcong
Township.
BOARDING- OR ROOMING HOUSE
A dwelling other than a hotel or motor court wherein furnished
rooms with or without meals are rented for profit to at least three
but not more than six persons.
BOARD OF ADJUSTMENT
The Zoning Board of Adjustment of Lopatcong Township, Warren
County, New Jersey.
BUFFER
An unoccupied portion of land maintained as a landscaped
area.
BUILDING
A structure constructed or erected on the ground, with a
roof supported by columns or walls. The term "building" shall be construed
as if followed by the words "or part thereof."
BUILDING COVERAGE
The horizontal area of the principal and accessory buildings
measured around the outside of the foundation walls and of the floors
of roofed porches and roofed terraces, inclusive.
BUSINESS CENTER
One or more retail stores, commercial buildings or office
complex with a unified plan or architectural scheme, on a single parcel
of land, including but not limited to the following:
A.
A department store or general merchandise store
or a food market.
B.
One or more retail stores.
C.
One or more stores, together with one or more
commercial, office or other buildings.
D.
One or more office buildings.
CELLAR
A story having more than 1/2 of its floor-to-ceiling height
below the average level of the adjoining ground. No "cellar" or portion
thereof shall be used as a dwelling unit.
CHANGE IN USE
The use of a building or land which is different from its
previous use by function, operation, extent, product manufactured
or sold and the like, including a change from one permitted use to
another in the same zone, as well as any change in activity which
changes, alters or enlarges the previous use or will change, alter,
enlarge or affect drainage, traffic, parking, paving, sanitary disposal
or other similar considerations under the site plan review requirements.
CLUSTER RESIDENTIAL DEVELOPMENT
A contiguous tract developed as a single entity in which
residences may be constructed upon lots of a reduced size as specified
in the Schedule of Area, Lot and Bulk Regulations, provided that the gross density within the total subdivision
shall not exceed the gross density that would otherwise be permitted
and that the remaining open space shall be improved and either dedicated
to the municipality or, if not accepted by the municipality, maintained
by a responsible organization.
COMMERCIAL RECREATION FACILITIES
Activities such as miniature golf, driving ranges, private
swim and tennis clubs, roller rinks, batting practice cages, arcades
and similar such uses, but not including amusement rides and other
activities commonly associated with amusement parks.
COMMON OPEN SPACE
An open space area within a tract designed and intended for
the use or enjoyment of the residents and owners of the development
and subject to the maintenance provisions included in this chapter.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
CROSSWALK OR WALKWAY
A right-of-way, dedicated to public use, to facilitate pedestrian
access through a subdivision.
CUL-DE-SAC
Any street or combination of streets having only one outlet
and terminating in a vehicular turnaround area.
DENSITY
The permitted number of dwelling units per buildable area
of land to be developed.
DENSITY, GROSS
The total number of dwelling units existing or permitted
on a tract divided by the total area of the tract in acres.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract of purchase or other person having an enforceable
proprietary interest on such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; or any use or change in use of
any building or other structure or of any mining, excavation or landfill;
or any use or change in 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.
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
so as to safeguard the public against flood damage in accordance with
Chapter 16A of Title 58 of the New Jersey Statutes Annotated.
[Amended 2-19-1992 by Ord. No. 1992-02]
DUMP
A lot or land or part thereof used for disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose
of garbage, offal, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof or waste material of any kind.
DUPLEX
A building containing two dwelling units separated by a common
wall extending from foundation to roof.
DWELLING
A house or building or portion thereof which is occupied
in whole or in part as the home, residence or sleeping place of one
or more families.
DWELLING, SMALL-LOT SINGLE-FAMILY
A detached single-family dwelling designed and constructed
for and limited to use by a single family on a lot of no less than
7,500 square feet. Permitted as a conditional use in the R-120 Zone
District only.
[Added 5-5-1993 by Ord. No. 1993-10]
EASEMENT
A restriction established in a lot to permit the use of land
by the public, a corporation or particular person for specified uses.
FAMILY
One or more persons living privately as a single housekeeping
unit and using cooking facilities in common and not under a normal
landlord-tenant relationship.
FARM
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary "farm" structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, riding academies and
dog kennels. It also excludes the raising of swine within 200 feet
of a property line or on a parcel less than 10 acres; not more than
25 swine shall be permitted on one farm.
FINAL APPROVAL
The official action of the 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 map or maps of a subdivision application for which final
approval is sought pursuant to this chapter.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floor or floors
of a building, whether used for occupancy, business or storage. Said
areas shall be measured between the outside face of exterior walls,
or from the center line of walls separating two uses. Said areas shall
include usable areas below the level of the adjoining ground, garage
space or accessory building space.
FLOOR AREA, NET or FLOOR AREA, LIVABLE
The sum of the horizontal areas of the floor or floors of
a building which are enclosed and usable for human occupancy or the
conduct of business. Said areas shall be measured between the inside
face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas devoted to mechanical
equipment, areas devoted exclusively to off-street parking and loading
space for motor vehicles, areas of stairways or elevators, areas of
cellars as herein defined, areas where the floor-to-ceiling height
shall be less than seven feet and, in the case of residential uses,
shall not include any area not finished to the requirements necessary
for human occupancy as required for a certificate of occupancy.
GARAGE, PRIVATE
A garage for the storage of motor vehicles not conducted
as a business.
GARAGE, PUBLIC
A garage for the storage of motor vehicles conducted as a
business.
GARDEN APARTMENT
A dwelling unit within a single building containing three
or more dwelling units, each dwelling unit occupying a space on only
one floor and separated from other units on the same floor by use
of common party walls, and each dwelling unit having direct access
from outdoors or from a common hallway or common stairwell.
GUARANTY
Any security which may be accepted by the municipality, provided
that the municipality shall not require more than 10% of the total
performance "guaranty" in cash.
HEIGHT OF BUILDING
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of chimneys, antennas,
farm silos and similar fixtures.
HOME OCCUPATION
A customary personal service occupation, such as dressmaking,
millinery, home cooking and hairdressing, provided that such occupation
shall be conducted solely in the main building, shall not employ more
than one person who is not a member of the family and shall not occupy
more than the equivalent of 1/2 of the area of one floor of said building
or 500 square feet, whichever is less, and further provided that no
display of products made shall be visible from the street and that
no stock-in-trade shall be kept. No such use shall alter the residential
character of the area in which it is located.
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, dentist, lawyer,
architect, engineer or teacher as herein restricted, provided that
no more than two persons are employed who are not members of the family
and that such office shall be in the main building and shall not occupy
more than the equivalent of 1/2 of the area of one floor of said building
or 500 square feet, whichever is less. For the purpose of this definition,
a "teacher" shall be restricted to a person giving individual instruction
in a musical instrument, in singing or in academic or scientific subjects
to a single pupil at a time. No such use shall alter the residential
character of the area in which it is located.
HOSPITAL SUPPORT SERVICES
Facilities providing general or specialized health services
for human health maintenance and the treatment of mental or physical
conditions, including medical, dental and optical practices, same-day
surgical centers, diagnostic centers, outpatient clinics, dispensaries,
medical, dental, and optical laboratories, blood banks, medical supplies
and physical therapy facilities.
[Added 11-1-2000 by Ord. No. 2000-32]
HOTEL or MOTEL
A building open and available to the general public, which
contains living or sleeping accommodations designed to be occupied
by individuals or groups of individuals for compensation.
IMPERVIOUS SURFACE
A surface covered with material that is highly resistant
to infiltration by water. The definition recognizes that some surfaces
commonly referred to as "impervious" do allow some minor groundwater
recharge (for example, through gravel storage and parking areas).
[Amended 12-3-2003 by Ord. No. 2003-18]
INDUSTRIAL PARK DEVELOPMENT
A land subdivision for or development of one or more industrial
or office buildings, said subdivision or development having a unified
plan for the use of the parcel to be developed or subdivided.
INDUSTRY or INDUSTRIAL
Includes the storage, manufacture, preparation, processing
or repair of any article, substance or commodity and the conduct of
the industrial trade, but shall not mean such preparation, processing
or repair as are customarily applied to articles, substances or commodities
in retail businesses or trade for on-the-premises transactions.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in a civil proceeding in any court or
in an administrative proceeding before a municipal agency, any person,
whether residing within or without the Township, whose right to use,
acquire or enjoy property is or may be affected by any action taken
under this chapter or whose rights to use, acquire or enjoy property
under this chapter or under any other law of the State of New Jersey
or of the United States have been denied, violated or infringed upon
by an action or a failure to act under this chapter.
LOADING SPACE
An off-street area designated for the parking of a commercial
vehicle during the process of transferring articles, materials, goods
or merchandise between the vehicle and a building.
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 horizontal area included within lot lines.
LOT, CORNER
A lot fronting on two or more streets at their intersection.
All lot lines common with the street line shall be considered front
lot lines. Of the remaining lot lines, one shall be designated a rear
lot line and the remainder shall be side lot lines.
LOT COVERAGE
The percentage of the lot area which is improved or is proposed
to be improved with principal and accessory buildings or structures
or other impervious surfaces, including driveways, parking areas,
pedestrian walkways, decks, swimming pools, signs and other man-made
improvements on the ground.
[Amended 12-3-2003 by Ord. No. 2003-18]
LOT FRONTAGE
The least horizontal dimension between side lot lines measured
at the street line.
[Added 5-5-1993 by Ord. No. 1993-10;
amended 10-6-2004 by Ord. No. 2004-8]
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way
and common with the right-of-way line.
LOT LINE, REAR
The lot line lying generally opposite and parallel to the
front lot line and connecting the side lot lines.
LOT SIZE AVERAGING
The permitted reduction in the required minimum lot size
by an allowable maximum amount of some lots in a subdivision, along
with the corresponding increase in area of other lots, so that the
average of all lots in the subdivision is equal to or greater than
the minimum required lot size.
LOT WIDTH
The least horizontal dimensions between side lot lines measured
at the distance from the street line which establishes the minimum
required front yard.
[Amended 5-5-1993 by Ord. No. 1993-10]
LOWER-INCOME HOUSEHOLD
A household meeting the regional income eligibility limits
for low- and moderate-income households and for low- and very-low-income
households.
LOWER-INCOME HOUSING
Dwelling units which are affordable to purchase or rent to
a lower-income household spending no more than 28% of the monthly
family income for sale housing and 30% of the monthly family income
for rental housing.
LOW INCOME
Less than 50% of the median income for the region when used
with and compared to the term "moderate income"; means 50% to 80%
of the median income for the region when used with and compared to
the term "very low income."
MAINTENANCE GUARANTY
Any security which may be accepted under N.J.S.A. 40:55D-53,
its amendments and supplements thereto, for the maintenance of any
improvements required.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of Lopatcong Township as set forth pursuant to N.J.S.A.
40:55D-28, its amendments and supplements thereto.
MOBILE HOME
Any vehicle or combination thereof used, designed or intended
for use for permanent occupancy as living quarters for one or more
persons, designed to be moved occasionally from one location to another
by means of wheels affixed to an axle or carriage affixed to the vehicle,
whether propelled by its own power or by the power of another vehicle
to which it may be attached and whether the axle or carriage to which
the wheels may be affixed are detachable or detached and irrespective
of the name or title assigned or designated by the manufacturer of
the unit or any other person.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully existing at the effective
date of this chapter, or any amendment thereto affecting such building
or structure, which does not conform to the regulations of this chapter
for the zone in which it is situated, irrespective of the use to which
such building or structure is put, by reason of such adoption or amendment.
NONCONFORMING LOT
A lot of record existing at the date of passage of this chapter,
or any amendment thereto, which does not conform to the regulations
of this chapter for the zone in which it is located, by reason of
such adoption or amendment.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the regulations
of this chapter for the zone in which it is situated, by reason of
such adoption or amendment.
OFF-SITE
Located outside the lot lines of the lot in question but
within the tract of which the lot is a part.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENT
An improvement which is not located on the property which
is the subject of an application for development nor on a contiguous
portion of a street or right-of-way, and includes any of the following:
A.
All improvements of the types required for on-tract
installation where the need for the providing of such improvements
off-tract is, in whole or in part, made necessary by the proposed
application of the applicant and where the making of such improvements
will confer a benefit upon the applicant's lands which are the subject
of the application.
B.
Any improvement or facility, the installation
of which is required in the public interest, and the public need for
which would not arise but for the improvement of the lands which are
the subject of the applicant's application, and the installation of
which would confer a benefit upon the applicant's lands which are
the subject of application. In addition to improvements of this type
referred to above, improvements required to maintain a safe flow of
vehicular and pedestrian traffic are specifically declared to be necessary
in the public interest.
C.
Installation of new improvements and extensions
and modifications of existing improvements.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is subject to a development
application or on a contiguous portion of a street or right-of-way.
ON-TRACT IMPROVEMENT
Any improvement, the installation of which may be required
as part of an application for development and which is to be located
on the property which is the subject of an application for development
or on a contiguous 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." "Open space" shall
include the term "common open space" as herein defined. For the purpose
of determining the limits of "open space" area, it shall include any
area exclusive of buildings, paved surfaces, public rights-of-way
and areas serving individual dwelling units or intended for the use
of occupants of individual dwelling units, but inclusive of clubhouses,
tennis courts, swimming pools and similar recreation facilities, along
with accessory parking facilities. It shall also exclude areas which
are part of lands devoted to nonresidential uses, whether occupied
or open.
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges.
PARKING SPACE
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage or parking area.
PERFORMANCE GUARANTY
Any security which may be accepted under N.J.S.A. 40:55D-53,
its amendments and supplements thereto, in lieu of a requirement that
certain improvements be made before the Board approves the plat, including
performance bonds, escrow agreements, cash not to exceed 10% of the
total "performance guaranty" and other similar collateral or surety
agreements.
PERMIT, BUILDING
A certificate issued by the Building Inspector authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans.
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
A certificate issued upon completion of the construction
of a new building or upon a change in the occupancy or use of a building
and certifying that all requirements of the Building Code, this chapter or such adjustment therefrom which has been
granted by the Board of Adjustment or Planning Board, as the case
may be, have been satisfied, and that the purpose for which such building
is to be used is in conformance with the uses permitted in the zone
in which it is located.
PERMIT, ZONING
A certificate issued by the Zoning Officer stating that proposed
building or use will meet all of the requirements of this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNING BOARD
The Planning Board of Lopatcong Township, Warren County,
New Jersey.
PLAT
The map or maps for a subdivision.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to §
243-32D prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
the scope and scale of the project and its relationship to the site
and immediate environs.
PRELIMINARY PLAT OR SITE PLAN
The preliminary map indicating the proposed layout of the
subdivision or site plan and related information, which is submitted
to the Clerk of the Board for consideration and preliminary approval.
PRINCIPAL BUILDING
A building within which is conducted the main or principal
use of the lot on which said building is situated.
RECREATION CENTER
A lot or building, other than a theater, used for either
commercial or noncommercial recreation or amusement purposes of a
nontransient type.
REGION
Hunterdon and Warren Counties.
RESEARCH LABORATORY
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices
or of new products and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed and where
there is no display of any materials or products.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a previously approved and recorded subdivision or the
alteration of any streets or the establishment of any new streets
within a previously approved and recorded subdivision, but not including
conveyances so as to combine existing lots by deed or other instrument
which are exempt by subdivision.
SENIOR CITIZEN HOUSEHOLD
A household occupied by a person or persons in one of the
following categories: up to two individuals both of whom are at least
55 years of age; or a husband and wife, one of whom is at least 55
years of age. Such a household may include a third person if his/her
presence is essential to the physical care or economic support of
the qualified household.
[Amended 4-7-2004 by Ord. No. 2004-5]
SERVICE STATION
Any building, place or location designed to supply motor
vehicles with gasoline, oil, grease and supplies and for the inspection,
testing and examination and repair thereof, equipped with gasoline
pumps and oil pumps maintained for the purpose of selling gasoline
and oil; provided, however, that no store maintained for the sale
of automobile parts and sundries, exclusive of gasoline and oil, shall
be deemed to be a service station.
SIGN
Any structural or vehicular device located out of doors or
able to be seen out of doors, whether part of a building, attached
to a building, located upon the ground, located upon a foundation
or located upon wheels, for the purpose of visual communication to
bring the subject of such device to the attention of the public.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered off-premises,
also referred to as a "billboard."
[Amended 2-19-1992 by Ord. No. 1992-05]
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted upon the lot.
SIGN, FREESTANDING
Any sign mounted directly to the ground or to a foundation
or structure solely for the purpose of supporting such sign.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
B.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
C.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans.
SITE PLAN, MINOR
A site plan for new construction of less than 1,500 square
feet of new or additional building and/or fewer than eight new or
additional parking spaces.
STORY
That portion of any building comprised between any floor
and the floor or roof next above, with a minimum clearance of six
feet.
STORY, HALF
A story under a sloping roof, the floor of which is not more
than two feet below the plate.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by this chapter;
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, Township-owned "streets" shall be classified as follows:
A.
COLLECTORS, MAJORStreets which carry traffic that is intracounty or intramunicipal in nature. Such streets connect minor collectors with arterials and highways.
B.
COLLECTORS, MINORStreets which provide service to and within subdivisions. Such streets connect the local streets with the major collectors or other "minor collectors;" and may provide vehicular and pedestrian to abutting properties.
C.
LOCAL STREETSStreets which provide vehicular and pedestrian access to abutting properties. Such streets connect with minor collectors.
D.
ALLEYA minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
STREET LINE
Any line dividing a street from a lot. This shall be construed
as the line dividing the street right-of-way from the lot.
STRUCTURE
Anything constructed or erected on or under the ground or
upon another structure or building; provided, however, that the word
"structure" shall not be construed to include wires and their supporting
poles or frames of electric or telephone utilities or other service
utilities below or at ground level or their concomitant appurtenances.
The term "structure" shall include the term "building."
SUBDIVISION
A.
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following shall not be considered "subdivision"; provided,
however, that no new street or roads are involved:
(1)
Divisions of land for agricultural purposes
where the resulting parcels are five acres or larger in size.
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property upon court order.
(4)
Conveyances so as to combine existing lots by
deed or other instrument.
B.
"Subdivision" also includes resubdivision and,
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and of performing
such other duties relating to land subdivision as may be delegated
by the Board.
SUBDIVISION, MINOR
Any subdivision of land that does not involve:
A.
The creation of more than three lots fronting
on an existing street within a five-year period.
C.
Any new street or the extension of Township
facilities.
D.
The extension of any off-tract improvement.
E.
An adverse effect on development of the remainder
of the parcel of adjoining property.
F.
A conflict with any provision or portion of
the Master Plan, Official Map or this chapter.
TOURIST HOME
A boarding- or rooming-house in which rooms are rented primarily
to transient automobile travelers.
TOWNHOUSE
A dwelling unit within a single building containing two or
more dwelling units located beside and separated from other such dwelling
units by the use of common party walls extending from foundation to
roof, each dwelling unit having livable floor area on but not limited
to the first floor. Each "townhouse" dwelling unit shall have direct
access to the outdoors.
TOWNHOUSE RESIDENTIAL DEVELOPMENT
A development of multiple-family dwellings, such dwellings
arranged side by side and each dwelling having livable floor area
on but not limited to the first floor.
TRAILER
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes to be installed
on a nonpermanent foundation, if installation is required.
TRUCK STOPS
Any building, premises, or land in which or upon which a
business, service, or industry involving the maintenance, servicing,
storage, or repair of commercial vehicles or parts thereof or commercial
vehicle cargos, with more than two axles and a weight over 10,000
pounds, is conducted or rendered, including the dispensing of motor
fuel or other petroleum products directly into motor vehicles and
the sale of accessories or equipment for trucks and similar commercial
vehicles, with more than two axles and a weight over 10,000 pounds.
A truck stop also may include overnight accommodations and restaurant
facilities primarily for the use of truck crews.
[Added 4-6-2022 by Ord.
No. 2022-03]
VARIANCE
Permission to depart from the literal requirements of a zoning
regulation.
WAREHOUSE
A building other than the building in which goods or products
are manufactured, assembled or processed, in which goods or products
are stored and awaiting shipment to a purchaser or retail sales establishment.
YARD, FRONT
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building (exclusive
of eaves, provided that the eaves do not project more than two feet
into the front yard) and the street line of the lot and extending
from side lot line to side lot line.
YARD, REAR
A space on the same lot with a building situated between
the nearest roofed portion of the building or of any accessory building
and the rear line of the lot and extending from side lot line to side
lot line.
YARD, SIDE
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side line of the lot and extending
through from the front yard, or from the front street line where no
front yard exists, to the rear yard.