In the construction of this chapter, the present
tense shall include the future, the singular number shall include
the plural, and the plural the singular. The word "shall" is always
mandatory. The word "may" is permissive. The words "zone" and district"
are synonymous. The word "used" shall include the words "arranged,"
"designed" or "intended to be used." Any word or term not interpreted
or defined by this section is to be given its standard or common meaning.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term shall have the meaning in the state statute.
For purposes of this chapter, the following
phrases and words shall have the meanings indicated.
A use or structure subordinate to the principal use or structure
on the same lot and serving a purpose customarily incidental to the
principal use or the principal structure. Where an accessory building
is attached to a principal building by a roof, wall or the like, such
accessory building shall be considered part of the principal building.
The Zoning Officer.
[1]A development which consists of independent living units
with limited amenities. Residency shall be age restrictive so that
80% of at least one of the occupants in each unit with or without
a spouse or the members of such person's housekeeping unit shall be
at least 55 years of age. The remaining 20% of the units must be occupied
by at least one person over the age of 48. Resident children shall
be 18 years of age or older.
[Amended 5-8-2000 by Ord. No. O-7-2000]
Development designs or existing features on a developer's
property, or nearby property, creating, imposing, aggravating or leading
to impractical, unsafe, unsatisfactory or noncomplying conditions,
such as: a layout inconsistent with the zoning regulations; insufficient
street location; inconvenient street system; inadequate utilities,
such as water, drainage, shade trees and sewerage; unsuitable size,
shape and location of any area reserved for public use or land for
open space in a planned development; infringement upon land designated
as subject to flooding; and the creation of conditions leading to
soil erosion by wind or water from excavation or grading; all as set
forth in N.J.S.A. 40:55D-38 and measured against the design and performance
standards of this chapter.
Land devoted but not limited to forages and sod crops; grain
and feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including the breeding and raising of such animals;
bees and apiary products; trees and forest products; or land devoted
to and meeting the requirements for compensation pursuant to a soil
conservation program under an agreement with an agency of the federal
government. For purposes of this chapter, "agricultural use" does
not include a dwelling. (See definition of "farm.")
A driveway or walkway leading to a rear yard bounded on both
sides by a dwelling or business establishment.
[Added 6-23-2008 by Ord. No. O-12-08]
Any changes in the supporting members of a building, such
as bearing walls, columns, beams or girders, or in the dimensions
or configuration of the roof or exterior walls.
A dwelling unit in a building have three or more dwelling
units.
Acceptance of a plat by the approving authority and meeting
the preliminary or final plat requirements as applicable.
The Planning Board, unless a different agency is designated
in this chapter pursuant to the Municipal Land Use Law.
Residences for the elderly that provide units which may include
semi-independent living quarters and the supervision of self-administered
medication, as well as shared facilities for meals, recreational activities,
personal care and transportation.
[Added 12-20-1999 by Ord. No. O-20-99]
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and automobile accessories are
supplied and dispensed directly to the motor vehicle trade and where
mechanical repair but not body repair may be rendered as an accessory
activity, provided that all mechanical repair takes place within the
confines of a building.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of less than 6.5 feet.
An off-site lettered or pictorial advertising sign.
An area either in it natural state or planted with evergreen
or other suitable vegetation, fences, walls, berms or any combination
thereof used to physically separate or screen one use or property
from another so as to visually shield or block noise, lights or other
nuisances.
The area of a lot covered by buildings, exclusive of decks
and patios.
The vertical distance measured from the average elevation
of the finished grade six feet from every side of the structure to
the highest point of a flat roof, to the deckline of a mansard roof,
and to the midpoint below the highest peak on a gable, sloped or hip
roof.
An establishment for lease by private parties or organizations
hosting social or business functions, and typically including food
and beverage service and entertainment on premises for a specific
date and time.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground and with
a floor-to-ceiling height of less than 6.5 feet.
An institution offering the provision of supplemental parental
care and supervision for nonrelated children on a regular basis during
part or all of the day under license by the New Jersey Department
of Human Services. The term "child-care center," as used herein, includes
the terms "infant-care center," "day nursery," "day-care center,"
"nursery school" or similar.
The determination by the approving authority that a plat
is either a minor or major development.
A planned development technique based on a density of dwelling
unit(s) per acre. The permitted number of dwelling units is then clustered
onto one or more portions of the overall tract on reduced lot sizes
so that individual segments of the tract have higher densities, provided
that other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
A parcel(s) of land, together with the improvements thereon,
the ownership, use and enjoyment of which are shared by owners and
occupants of one or more of the individual building sites in the development.
Any community residential facility licensed pursuant to P.L.
1977, c. 448, providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
The submission of an application form and checklist completed
by the applicant, together with all accompanying documents required
by this chapter, for review by the approving authority.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning provisions of this chapter and upon the
issuance of an authorization thereof by the Planning Board.
An organization that provides housing, services, and health
care (including long-term care) to persons of retirement age. The
community must provide increasing levels of care that meet the needs
of individual residents, beginning with independent living and providing
a variety of health and nursing care services. It offers a contract
based on an entry fee that guarantees shelter and access to various
health care services, whether they are prefunded or on a fee-for-service
basis.
The permitted number of dwelling units per gross acre of
land developed.
The number of dwellings per unit of land, excluding streets,
easements, water areas and lands with environmental constraints.
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharged of this water to a
receiving drainage system.
Subdivision and/or site plan committee(s) of at least three
members of the approving authority (three members on each committee
if separate subdivision and site plan committees are appointed), appointed
by the Chairman for the purpose of reviewing and making recommendations
to the approving authority on a development application. In the event
that no development committee has been created, the function delegated
to it shall be performed by the approving authority.
The lands required for the installation of stormwater sewers or drainage swales or required along a natural watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against the hazard of flooding in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.
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 serviced to persons in motor vehicles so as to be intended for
immediate consumption either outside of the building or in motor vehicles
while parked on the premises.
Any asphalt, concrete, brick, crushed stone, gravel, paver
or other surface designed to provide ingress and egress for motor
vehicles into and out of the property.
[Added 10-17-2005 by Ord. No. O-20-05]
Any permanent building or portion thereof designed or used
exclusively as the residence of one or more persons.
DWELLING, ONE-FAMILYA building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as a "duplex dwelling."
DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING, GARDEN APARTMENTOne or more multiple-family buildings with dwelling units located one above the other and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that access is
directly from the outside or through a common hall and that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants.
A commercial establishment where food and drink are prepared,
served and consumed on premises, excluding, however, a fast-food restaurant
and a snack bar or refreshment stand at a public or community swimming
pool, playground or park operated in conjunction with and incidental
to such recreational facility for the sole convenience of its patrons.
The erection, construction, alteration or maintenance by
public utilities or municipal or other government agency of electrical,
gas, water transmission or distribution systems or collection, communication,
water supply or sewage treatment and collection systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
Any number of persons related by blood, marriage or adoption
or living together as a single housekeeping unit.
A private residence in which child-care services for a fee
are regularly provided to no less than three and no more than five
children for no less than 15 hours per week.
An area of land which is organized as a management unit actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and land under farm buildings and other enclosures
related to agricultural pursuits, which occupies a minimum of five
acres, exclusive of the land upon which the farmhouse is located and
such additional land as may actually be used in connection with the
farmhouse as provided in the Farmland Assessment Act of 1964 (N.J.S.A.
54:4-23.3 et seq.).
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building, in cars
on the premises, or off the premises. (See also "drive-in restaurant.")
A lot whose area, exclusive of its access drive, meets the
area requirement of the zoning provisions of this chapter, but whose
configuration is one of reduced frontage on an approved street (generally
a width sufficient for use as a driveway or future street), with the
enlarged buildable portion of the lot located at the rear of the lot
at the end of the access drive.
The rivers or other watercourses and adjacent land areas
subject to inundation as defined by the New Jersey Department of Environmental
Protection in the event of the design flood. These areas include,
but are not necessarily limited to, the floodway and flood-fringe
areas as delineated on the Flood Insurance Study for the Borough of
Wharton with accompanying Flood Insurance Rates Maps and Flood Boundary
Maps prepared by the Federal Emergency Management Agency.
The flood hazard areas of delineated streams and area inundated
by the one-hundred-year flood in nondelineated areas.
See definition of term in Chapter 142, Flood Damage Prevention.
[2]The sum of the gross horizontal areas of the several floors
of a building. "Floor area" for the purposes of imposing parking calculations
shall not include areas devoted to mechanical equipment serving the
building, stairways and elevators, interior areas devoted exclusively
to parking and loading for motor vehicles or to any space where the
floor-to-ceiling height is less than seven feet, provided that no
more than 15% of the gross area may be reduced for these common area
calculations.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A building used for the inside storage of one or more vehicles.
Any building, structure, premises and land in which a business
or service involving the maintenance, servicing or repair of vehicles,
but not body repair of vehicles, is conducted or rendered.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls of the building, but
not including interior parking spaces.
An activity which is incidental to the use of a dwelling
for residential purposes and which is conducted as an accessory use
in the residents' dwelling unit.
The portion of a lot which is improved with principal and
accessory buildings, structures and uses, and including but not limited
to driveways, swimming pools, tennis courts, parking areas, garages,
walkways, patios, loading areas and any area improved with a material
that reduces or prevents the absorption of stormwater into land and
which reduces percolation to a rate slower than 120 minutes per inch.
Retention and detention basins as well as dry wells should not be
included as impervious coverage.
[Amended 5-20-2002 by Ord. No. O-5-02]
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of junk debris, whether or not it
is in connection with the dismantling, processing, salvage, sale or
other use or disposition thereof of any material whatsoever.
An off-street berth on the same lot as the building being
serviced for the temporary parking of a vehicle while loading and
unloading.
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, CORNERA parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135°.
LOT, THROUGHA parcel of land which extends through from one street to another.
The percentage of a lot area which is occupied by building
and accessory structures, including porches, chimneys and other related
building appurtenances, but not including decks, driveways, patios,
open parking areas and loading areas, tennis courts and swimming pools.
A horizontal distance between the front and rear lot lines,
measured perpendicular or radial to the front lot line at the midpoint
of the lot frontage to the furthest distance thereof or taken as the
average of three measurements, one taken at each corner and one taken
at the midpoint, for irregularly shaped parcels.
The horizontal distance between the side lot lines, measured
along the front lot line.
Any line, including the street line, forming a portion of
the exterior boundary of a lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between side lot lines, measured
parallel to the front lot line at the required front yard setback
line.
Any subdivision not classified as a "minor subdivision."
A subdivision of land that is for the creation of less than four lots, including the remainder of the original lot, and provided that such subdivision does not involve a planned development, any new street or extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 165-42; provided, however, that in the event that more than one minor subdivision, then for the purpose of administering this chapter, the subsequent subdivision shall be considered as a major subdivision and processed accordingly. Approval of a minor subdivision shall be deemed final approval and, as such, shall be prepared and submitted in accordance with the final plat requirements.
Any manufactured, transportable, year-round single-family
dwelling built on one or more chassis and containing a flush toilet,
bath or shower, and a kitchen sink, designed to be connected to a
piped water supply, sewerage facilities and electrical service.
A parcel of land, under single ownership, which has been
so designated and improved that it contains two or more mobile home
lots or sites for the placement thereon of mobile homes.
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.
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours for more than two residents who are
not related to the governing authority or its members by marriage,
blood or adoption.
Improvements to accommodate conditions generated by a proposed
development, including but not limited to new improvements and extensions
and modifications of existing improvements. "Off-site" means located
outside the lot lines of the lot in question but within the property
(of which the lot is a part) which is the subject of a development
application or contiguous portion of a street or right-of-way. "Off-tract"
means 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.
A rectangular space used for the parking of motor vehicles.
A detached dwelling, or semidetached dwelling that shares
no common interior wall, located on the side lot line. The resulting
design offers one larger side yard as opposed to two smaller side
yards that result in conventional designs where the building is sited
toward the center of the lot.
Any use of land or buildings permitted by this chapter.
The primary or predominant use of a lot.
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
The office of a dentist, physician, attorney, clergyman,
accountant, engineer, architect, professional planner, insurance agent,
real estate agent, or other generally recognized professional.
The use of land and/or buildings by a municipal, county,
state or federal agency or authority.
Space allocated for the collection and storage of source-separated
recyclable materials.
The total width of a street, watercourse, utility alignment
or other way, and within, under or over which all improvements and
rights of access are confined.
A line parallel to a street line or lot line beyond which
a building does not project. The minimum yard requirements shall be
the minimum required setbacks. All setbacks from public streets shall
be measured from the proposed right-of-way as shown on the adopted
Master Plan.
A triangular area at the quadrants of street intersections
where unobstructed visibility is maintained along the intersecting
street.
Any announcement, display or illustration placed so as to
be seen and in view of the general public.
Any site plan not classified as a minor site plan.
Any site plan which is limited to the proposed construction
of an accessory building or use, such as a sign or off-street parking
area consisting of less than 10 parking spaces, as such accessory
uses are specifically permitted in this chapter, and/or improvement
of existing outside facilities such as parking and drainage without
the expansion of said facilities.
The degree of deviation of a surface from the horizontal,
expressed in percent or degree. Slope calculations shall be based
on elevation intervals of 10 feet. For example, a deviation of 10
feet in surface elevation within a horizontal or linear distance of
100 feet equates to a ten-percent slope.
That portion of a building between the surface of any floor
and the surface of the floor above it or, if there is no floor above
it, then the space between the surface of the floor and the ceiling
above it.
A space under a sloping roof which has the line of intersection
of the roof and wall face not more than three fee above the floor
level, and in which space the possible floor area with head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
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 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 street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Any street that collects and distributes traffic to and from
collector streets and whose routes are intended to provide a high
degree of mobility. The principal function of an arterial street is
vehicular movement. An arterial is characterized by access control
and channelized intersections.
A street that collects traffic from local streets and connects
to arterial streets.
A street which is designed to provide vehicular access to
abutting properties and to discourage through traffic.
The edge of the existing or future street right-of-way, whichever
is wider, as shown on an adopted Master Plan or Official Map or as
required by this chapter, forming the dividing line between the street
and the lot. Where title to land extends into or to the center of
a street, the right-of-way line shall nevertheless be deemed to be
the street line.
One or more lots. Existing streets shall not be included
in calculating the area of the tract.
The specific purpose for which land or a building, structure
or facilities is designed, arranged or intended, or for which it is
or may be occupied or maintained.
An open area of land designed for and devoted to recreational
purposes, e.g., park land, sports fields, playgrounds, swimming pools,
etc.
Services, including but not limited to sewage treatment,
water supply, gas, electric, telephone and cable television.
A building used primarily for the storage of goods and materials.
Those areas as defined by the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as provided by this chapter.
YARD, FRONTThe area extending across the full width of the lot, between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARThe open space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
YARD, SIDEAn open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.
The administrative officer designated to administer this
chapter.
