Definitions. For the purpose of this chapter, certain
terms are defined as follows:
ACCESSORY BUILDING
A subordinate building or structure on the same lot with
a principal building or a portion of the principal building occupied
or devoted exclusively to an accessory use. Where an accessory building
is attached to a principal building in a substantial manner by a wall
or roof, such accessory building shall be considered part of the principal
building.
ACCESSORY USE
A use naturally and normally incident and subordinate to
the principal use of the premises or lot.
ADMINISTRATOR
As used in §
88-59, the Federal Insurance Administrator to whom has been delegated the administration of the national flood insurance program.
AGRICULTURAL USE
The growing of crops, the raising or breeding of dairy, poultry
or other livestock, truck gardening, wood lots, nursery or greenhouse
or other agricultural or horticultural purposes. Agricultural use
shall also include open or wooded areas, ponds, brooks, meadows, swamps
and land used for wild game preserves and noncommercial recreational
purposes.
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition
to or diminution of a building, a conversion of a building or a part
thereof, removal of a building from one location to another or a change
in use.
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, conditional
use or zoning variance.
APPROVING AUTHORITY
The Land Use Board of the Town of Clinton, unless a different
agency is designated by ordinance when acting pursuant to the authority
of this chapter.
[Amended 12-10-2013 by Ord. No. 13-20]
ARCHITECTURAL FEATURE
A part, portion, or projection on the exterior of a building
that contributes to the historic character, beauty or elegance of
a building or structure, including, but not limited to, windows, columns,
cornices, eves, belt courses, sills and decorative ornaments.
[Added 4-25-2008 by Ord. No. 08-03]
ARTWORK
A two- or three-dimensional representation of a creative
idea that is expressed in a form and manner as to provide aesthetic
enjoyment for the viewer rather than to specifically convey the name
of the business or a commercial message about the products or services
offered on the property upon which the artwork is displayed.
[Added 10-13-2009 by Ord. No. 09-15]
ASSISTED LIVING
A residential facility which provides a coordinated array
of supportive personal and health services available 24 hours per
day to residents who have been assessed to need these services, including
residents who require formal long-term care.
[Added 12-23-2008 by Ord. No. 08-19]
ATTIC
That area located under the roof of a building which does
not meet the Uniform Construction Code requirements for and definition of a story.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
AWNING
A cloth, plastic or other nonstructural covering that is
either permanently attached to a building or can be raised or retracted
to a position against a building when not in use.
[Added 4-25-2008 by Ord. No. 08-03]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Amended 4-14-1987 by Ord. No. 87-8]
BEDDING
The arrangement of a sedimentary rock in layers of varying
thickness and character.
[Added 8-26-2008 by Ord. No. 08-12]
BEDROCK
A general term for the rock that underlies soil or other
unconsolidated material, directed at preserving the water quality
and assuring the safety of any planned facility or improvement built
over carbonate rocks.
[Added 8-26-2008 by Ord. No. 08-12]
BILLBOARD
A sign structure and/or sign, larger than four square feet,
utilized for commercial advertising of a business, establishment,
product, service, commodity, entertainment or other activity which
is sold, produced, manufactured, available or furnished at a place
other than on the property on which said sign structure and/or sign
is located.
[Added 4-25-2008 by Ord. No. 08-03;
amended 10-13-2009 by Ord. No. 09-15]
BLOCK
An area of land surrounded by streets.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.
[Added 4-14-1987 by Ord. No. 87-8]
BREWPUB
An establishment licensed as a restricted brewery by the
State of New Jersey under N.J.S.A. 33:1-10, where malt alcoholic beverages
are brewed and manufactured, served and consumed on the premises,
and which is operated in conjunction with a restaurant use that possesses
a plenary retail consumption license. Such uses shall be used principally
for the purpose of providing meals to its customers with adequate
kitchen and dining room facilities immediately adjoining licensed
brewery facilities.
[Added 4-13-2022 by Ord. No. 22-02]
BUILDING
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
BUILDING COVERAGE
That portion of a lot covered by the main or first floor
of a building or buildings.
CARBONATE AREA DISTRICT (CAD)
The Carbonate Area District is comprised of the Carbonate
Rock District and the Carbonate Drainage Area.
[Added 8-26-2008 by Ord. No. 08-12]
CARBONATE ROCK
Rock consisting chiefly of calcium and magnesium carbonates.
[Added 8-26-2008 by Ord. No. 08-12]
CAVE
A natural opening of a size permitting human exploration
and extending into an underground region of sharply reduced or no
light.
[Added 8-26-2008 by Ord. No. 08-12]
CELLAR
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground. See "basement."
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to the two street or road
property lines, unless otherwise established by filed map, deed or
similar legal record.
CIDER AND MEADERY
An establishment licensed by the State of New Jersey as a
cider and meadery under N.J.S.A. 33:1-10, producing hard cider and/or
mead, including the sale and distribution of the product to licensed
wholesalers and retailers, and including the retail sale of the product
at retail to consumers on the licensed premises for consumption on
or off the premises, and the offering of samples for consumption on
the premises.
[Added 4-13-2022 by Ord. No. 22-02]
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
CLOSED DEPRESSION
A shallow, dish-shaped hollow on the land surface which,
in areas of limestone geology, may be indicative of old sinkholes
or incipient collapse.
[Added 8-26-2008 by Ord. No. 08-12]
COLLAPSE SINKHOLE
A sinkhole caused by the collapse of the roof of a bedrock
cavern.
[Added 8-26-2008 by Ord. No. 08-12]
COMMERCIAL MESSAGE
Any message (including sign wording, logo or other representation
or image) that directly or indirectly provides commercial advertising
for a business, establishment, product, service, commodity, entertainment
or otherwise calls attention to a commercial activity.
[Added 10-13-2009 by Ord. No. 09-15]
COMMON FACILITIES
Includes but is not limited to facilities for the common
use of two or more dwelling units, such as roads, sidewalks, swimming
pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OPEN SPACE
That open space shown on a recorded subdivision or site plan
for the common use of two or more dwelling units, excluding streets,
roadways, parking areas, driveways and areas within which buildings
are located and net residential densities calculated.
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 Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
CORNER LOT
A lot at the junction of and having frontage on two or more
intersecting streets.
CRAFT BREWERY
An establishment licensed by the state as a limited brewery
under N.J.S.A 33:1-10, to manufacture malt alcoholic beverages to
sell and distribute the products to licensed wholesalers and retailers.
The craft brewery may sell and serve the product at retail to consumers
on the licensed premises for consumption on the premises but only
in connection with tours of the brewery, or for consumption off premises,
and to offer samples for sampling purposes only pursuant to an annual
permit issued by the state. A craft brewery shall not sell food or
operate a restaurant on the licensed premises.
[Added 4-13-2022 by Ord. No. 22-02]
CRAFT DISTILLERY
An establishment licensed by the State of New Jersey as a
craft distillery under N.J.S.A 33:1-10, to manufacture distilled alcoholic
beverages to rectify, blend, treat and mix distilled alcoholic beverages,
and to sell and distribute the products to licensed wholesalers and
retailers. The distillery may sell the product at retail to consumers
on the licensed premises for consumption off the premises or, in connection
with a tour of the distillery, the retail sale or offering of samples
for consumption on the premises.
[Added 4-13-2022 by Ord. No. 22-02]
DENSITY, GROSS
The total number of dwelling units existing or permitted
on a tract divided by the total area of the tract. The result is expressed
as dwelling units per acre.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
DENSITY, NET
The total number of dwelling units within a designated portion
of a tract divided by the total land area of the designated portion
of the tract, including the open space, roadways, parking areas and
common facilities devoted exclusively to that portion of the tract.
The result is expressed as dwelling units per acre.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
DEPTH OF MEASUREMENT, MAXIMUM
A distance, as specified in this chapter, measured from and
parallel to a street right-of-way, within which the required minimum
lot size must be measured.
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
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT REGULATION
A zoning, subdivision, site plan, Official Map or other regulation
of the use and development of land, or amendment thereto, adopted
and filed pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
DISAPPEARING STREAM
A stream that enters the subsurface through a sinkhole or
other entrance.
[Added 8-26-2008 by Ord. No. 08-12]
DISSOLUTION
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
[Added 8-26-2008 by Ord. No. 08-12]
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DOLINE
See "sinkhole."
[Added 8-26-2008 by Ord. No. 08-12]
DOLOMITE
A carbonate rock that contains more than 15% magnesium carbonate.
[Added 8-26-2008 by Ord. No. 08-12]
DRAINAGE
The process by which water moves from an area by stream or
overland sheet flow and/or the removal of excess surface water from
soil by downward flow through the soil profile.
[Added 8-26-2008 by Ord. No. 08-12]
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 N.J.S.A.
58:16A-1 et seq., and including lands intended as flood control basins.
[Amended 3-26-1985 by Ord. No. 85-4]
DWELLING or DWELLING UNIT
A building or part thereof used as the residence of and providing
complete living facilities for a family as defined in this chapter.
ELEVATED BUILDING
A nonbasement building which is built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a coastal high-hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor elevated above the ground level by means of piling,
columns (posts and piers) or sheer walls parallel to the flow of the
water and which is adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In an area of special flood hazard, elevated building
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high hazard, elevated
building also includes a building otherwise meeting the definition
of "elevated building," even though the lower area is enclosed by
means of breakaway walls.
[Added 4-14-1987 by Ord. No. 87-8]
FAMILY
A person or any number of persons united by blood, marriage
or legal adoption living together in a dwelling as a single housekeeping
unit or a group of not more than five persons not necessarily related
by blood, marriage or legal adoption living together as a single housekeeping
unit.
FARM
A parcel of land comprised of five or more acres, exclusive
of a minimum of one acre used for a dwelling, having a gross income
exceeding $500 per year acquired from the produce thereon, the said
five or more acres to be devoted to either the production for sale
or consumption by the owner of plants and animals generally accepted
as useful to man, including but not limited to forages and crops;
grains and feed crops; dairy animals and dairy products, poultry and
poultry products; livestock, including beef cattle, sheep, horses,
ponies, mules, dairy cattle or goats, including the breeding and grazing
of any or all such animals; bees and apiary products; fur-bearing
animals; and trees and forest products, including the processing and
sale of these products on the property where produced. Land shall
be deemed a farm when devoted to the production for sale of fruits
of all kinds, including grapes, nuts and berries; vegetables; and
nursery, floral, ornamental and greenhouse products, including the
processing and sale of these products on the property where produced.
FAULT
A surface or zone of rock fracture along which there has
been noticeable differential earth movement.
[Added 8-26-2008 by Ord. No. 08-12]
FINAL APPROVAL
The official action of the Land Use 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.
[Amended 12-10-2013 by Ord. No. 13-20]
FINAL PLAT
The map or maps of a subdivision application for which final
approval is sought pursuant to this chapter.
FISSURE
An extensive crack, break, or fracture in the rock.
[Added 8-26-2008 by Ord. No. 08-12]
FLAG
A piece of cloth, or similar flexible material, varying in
size, shape, color, and design, usually attached at one edge to a
staff or cord, and used as the symbol of a nation, state, or organization.
[Added 4-25-2008 by Ord. No. 08-03]
FLOODPLAIN
The maximum area that, on the average, is likely to be flooded
once every 500 years.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a one-hundred-year flood
(the highest level of flooding that, on the average, is likely to
occur once every 100 years).
FLOODWAY FRINGE
That land area lying between the outer limits of the floodway
and the outer limits of the FP Floodplain District herein described.
FLOOR AREA
[Repealed 12-10-1985 by Ord. No. 85-25]
FLOOR AREA, GROSS
The total floor area of a building computed by measuring
the horizontal dimension of the outside walls of all enclosed portions
of the building or dwelling unit, but excluding nonresidential parking
garages.
[Added 12-10-1985 by Ord. No. 85-25; amended 9-9-2003 by Ord. No. 03-13]
FLOOR AREA, NET HABITABLE
For residential uses, the area of a building computed by
measuring the horizontal dimensions of the outside walls of a dwelling
unit, excluding attics, basements or carports, verandas and garages.
[Added 12-10-1985 by Ord. No. 85-25]
FLOOR AREA RATIO
The ratio between the gross floor area of all buildings on
a lot and the total area of the lot.
[Added 12-10-1985 by Ord. No. 85-25]
GARAGE, NONRESIDENTIAL PARKING
A parking structure, accessory to allowed nonresidential
uses of a building, for the exclusive use of its tenants and their
customers/visitors, attached to and located under the principal building.
[Added 9-9-2003 by Ord. No. 03-13]
GARAGE, PRIVATE
A detached accessory building or portion of the main building
used for the storage of motor vehicles.
GEOLOGIC INVESTIGATION PROGRAM
A program which identities the geologic nature of the bedrock
materials underlying the site and provides solutions directed at preserving
the water quality and assuring the safety of any planned facility
or improvement built over carbonate rocks.
[Added 8-26-2008 by Ord. No. 08-12]
GROSS DENSITY
The number of dwelling units per acre of total lot area.
HABITABLE ROOM
A room or enclosed floor space arranged for living, sleeping
and eating purposes.
HEIGHT OF BUILDING
The vertical distance measured from the average ground elevation
of the finished grade around the perimeter of the building to the
level of the highest point of the roof surface if the roof is flat
or, in the case of sloping roofs, to a point one-half the distance
between the top of the uppermost plate and the highest point of the
roof. Average elevation shall be the average of the highest and lowest
elevations along the finished grade around the perimeter of the building.
[Amended 8-24-1999 by Ord. No. 99-8]
HOME OCCUPATION
Nonresidential uses that are located on the same lot as residential uses, employing members of the household residing on the premises, that are compatible with the property and neighborhood in which they are located, that do not impair the underlying use of the property and the neighborhood, and meeting the criteria in §
88-60X.
[Amended 6-24-2003 by Ord. No. 03-10]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the Town, whose right
to use, acquire or enjoy property is or may be affected by any action
taken under this chapter or whose right 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 has been denied, violated or infringed upon
by an action or a failure to act under this chapter.
JOINT
A fracture in rock generally more or less vertical or transverse
to bedding, along which no appreciable movement has occurred.
[Added 8-26-2008 by Ord. No. 08-12]
KARST
A type of topography that is formed over limestone or dolomite
by dissolving or solution of the carbonate rocks, characterized by
sinkholes, closed depressions, caves, solution channels, internal
drainage, and irregular bedrock surfaces.
[Added 8-26-2008 by Ord. No. 08-12]
LED LIGHTING
A type of solid-state lighting which uses light-emitting
diodes as a source of illumination.
[Added 4-25-2008 by Ord. No. 08-03]
LIMESTONE
A carbonate sedimentary rock consisting primarily of calcium
carbonate. Limestone is commonly used as a general term for that class
of rocks which consists of at least 80% calcium or magnesium carbonate.
In this chapter, the term "limestone" shall be used generically to
refer to carbonate rocks, limestone formations and Precambrian marble.
[Added 8-26-2008 by Ord. No. 08-12]
LINEATION
Any straight line or alignment of natural features seen on
an aerial photograph or any geographically referenced source. Although
some lineations may be geologically controlled, ground-based geologic
investigations are necessary to define their existence and significance.
[Added 8-26-2008 by Ord. No. 08-12]
LOADING SPACE
An off-street accommodation 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 parcel or portion of land exclusive of any adjoining street,
separated from other parcels or portions by description, as on a subdivision
or record of survey map, or by metes and bounds for purpose of sale,
lease or separate use.
LOT AREA
The total square unit contents included within lot lines.
LOT DEPTH
The distance between the front and rear property lines of
a lot, measured perpendicular to the lot width. The greater frontage
of a corner lot is its depth, and its lesser frontage is its width.
LOT LINES
The property boundary lines of a lot.
LOT WIDTH
The distance between the side lines of a lot, measured parallel
to the street right-of-way.
LOWER-INCOME HOUSEHOLD
A household meeting the regional income eligibility limits
for low- and moderate-income households or for low- and very-low-income
households in the document entitled "Section 8 Rental Assistance Program,
Income by Family Size," published by the United States Department
of Housing and Urban Development.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
LOWER-INCOME HOUSING
Dwelling units which are affordable by purchase or rent to
a lower-income household spending not more than 28% of the monthly
family income for sale housing and 30% of the monthly family income
for rental housing.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement
is not considered a building's lowest floor, provided that such enclosure
is not built so as to render the structure in violation of other applicable
nonelevation design requirements.
[Added 4-14-1987 by Ord. No. 87-8]
LOW INCOME
Less than 50% of the median income for the region when used
with and compared to the term moderate income; 50% to 80% of the median
income for the region when used with and compared to the term very
low income in the document entitled "Section 8 Rental Assistance Program,
Income by Family Size," published by the United States Department
of Housing and Urban Development.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
MAINTENANCE GUARANTY
Any security, including cash, which may be accepted by the
Town for the maintenance of any improvements required by this chapter.
MAJOR REPAIR
Any repair of a structure, the cost of which equals or exceeds
50% of the actual cash value of the structure before the repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred.
MARBLE
A metamorphic rock consisting primarily of crystallized limestone
or dolomite.
[Added 8-26-2008 by Ord. No. 08-12]
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
MINOR REPAIR
Any repair of a structure not herein defined as a major repair.
MINOR SUBDIVISION
The division of a tract of land meeting one or more of the
following conditions:
(1)
The elimination of a property line or property
lines for the purpose of enlarging an existing parcel of land or combining
contiguous lots or parcels of land.
(2)
The division of a parcel of land for the purpose
of enlarging an adjoining parcel wherein the remaining parcel is not
in conflict with the zoning regulations nor is its future use or development
adversely affected.
(3)
The division of a tract of land into not more
than two separate lots or parcels, including any remaining area wherein
all such lots or parcels meet all of the following requirements:
(a)
Said lots are not in conflict with the Zoning
Ordinance, Master Plan or Official Map.
(b)
All lots front on an existing street, as defined
in this chapter, which is improved sufficiently to meet all requirements
of Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32 et seq.), so
that a building permit could be issued to construct a building on
each lot.
(c)
No new streets or roads are involved.
(d)
Curbs, sidewalks and other improvements required in Article
VI of this chapter are either in existence or said lots are located in a developed area where such improvements would normally be installed by the Town either as a general improvement or by assessment against benefiting property owners.
(e)
The resulting lots are suitable for their intended
purpose without the necessity of making unusual changes in grades
of the lots.
(f)
The creation of said lots will not produce a
drainage problem or result in the necessity for drainage improvements.
(g)
The creation of said lots will not adversely
affect the uniform and comprehensive development of any remaining
parcel or adjoining land in terms of suitable future road access and
desirable future road and lot patterns and future water and sanitary
sewer utility installations and storm drainage improvements.
MODERATE INCOME
Fifty percent to 80% of the median income for the region.
In the document entitled "Section 8 Rental Assistance Program, Income
by Family Size," published by the United States Department of Housing
and Urban Development, the term "low income" is used instead of the
term "moderate income" to refer to 50% to 80% of median income range.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
MOTOR VEHICLE SERVICE STATION
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil regardless of any other business
on the premises, which business may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including facilities for body repair work or painting.
MUNICIPAL AGENCY
The Land Use Board or the Town Council of the Town of Clinton.
[Amended 12-10-2013 by Ord. No. 13-20]
NEON LIGHTING
Lighting in which a gas and phosphors, or similar, are used
in combination to illuminate transparent or translucent tubing or
other materials.
[Added 4-25-2008 by Ord. No. 08-03]
NONCONFORMING BUILDING
A building in which its design or location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located.
NONCONFORMING LOT
A lot of record existing at the date of the passage of this
chapter which does not conform to the regulations of this chapter
for the zone in which it is located.
NONCONFORMING USE
A use or activity existing as of the effective date of this
chapter but which fails to conform to the requirements of the zoning
district in which it is located.
OFFICIAL MAP
A map adopted by ordinance of the governing body pursuant
to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32 et seq.), showing
the location and width of streets and drainage rights-of-way and the
location and extent of public parks and playgrounds, whether existing
or proposed.
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:
(1)
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.
(2)
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 the application. In addition to improvements of the
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.
(3)
Installation of new improvements and extensions
and modifications of existing improvements.
ON-SITE
Located on the lot in question.
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 and enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
OUTCROP
An exposure of bedrock projecting through the ground surface.
[Added 8-26-2008 by Ord. No. 08-12]
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed to commence and maintain proceedings
to subdivide or develop the same under this chapter.
PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
PARKING SPACE
An accommodation for the off-street parking of a motor vehicle, which space shall have the minimum dimensions and area established at §
88-44B(1)(j), exclusive of access drives or aisles, with adequate provision for ingress and egress.
[Amended 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25]
PERFORMANCE GUARANTY
A security which may be accepted in lieu of a requirement
that certain improvements be made before the Land Use Board or other
municipal agency approves a subdivision plat or site plan.
[Amended 12-10-2013 by Ord. No. 13-20]
PERSON
Any individual, partnership, volunteer association or profit
or nonprofit corporation or entity.
[Added 4-25-2008 by Ord. No. 08-03]
PINNACLE
An irregular rock projection often buried beneath the ground
surface.
[Added 8-26-2008 by Ord. No. 08-12]
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
A tract with a minimum contiguous acreage of 25 acres or more to be developed as a single entity according to a plan showing both single- and multifamily residential development areas, in accordance with the requirements of Article
VII, §
88-52.1.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-4-1985 by Ord. No. 85-25]
PLANNED RESIDENTIAL DEVELOPMENT PARK
A tract with a minimum contiguous acreage of 15 acres or more to be developed as a single entity according to a plan showing both a multifamily residential development area and a minimum of 60% open space, in accordance with the requirements of Article
VII, § 52.1.
[Added 8-24-1999 by Ord. No. 99-8]
PLAT
The map or maps of a subdivision.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to §
88-40C(3) of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.
[Amended 12-10-2013 by Ord. No. 13-20]
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT OR SITE PLAN
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Secretary of the Land Use Board
for consideration and preliminary approval.
[Amended 12-10-2013 by Ord. No. 13-20]
PUBLIC ACCESS
Pedestrian, bicycle or vehicular access to a private or public
property permitted via a public right-of-way or public open space.
[Added 4-25-2008 by Ord. No. 08-03]
QUORUM
The majority of the full authorized membership of a municipal
agency.
REGION
The primary metropolitan statistical area (PMSA) encompassing
Hunterdon County; a three-county region, including Hunterdon, Somerset
and Middlesex Counties.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
RESIDENTIAL SITE IMPROVEMENT STANDARDS
The uniform design standards for streets, parking, water
supply, sanitary sewers and storm water management for residential
development in the State of New Jersey, found in N.J.A.C. 5:21-1 et
seq.
[Added 8-24-1999 by Ord. No. 99-8]
RESTAURANT, FAST-FOOD
A building in which food and drink is served to patrons from
counters for consumption either inside or outside the building and
which may include facilities for serving food and drink to patrons
in automobiles.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
RIVERINE SITUATION
A physical condition relating to, formed by or resembling
a river, including tributaries, streams, brooks, etc.
SETBACK
The required yard or distance between buildings and property
lines.
SHEAR ZONE
A zone in which shearing has occurred on a large scale so
that the rock is crushed and brecciated (broken).
[Added 8-26-2008 by Ord. No. 08-12]
SHOP, RETAIL
A building or part thereof in which or from which a service
is rendered directly to the public.
SIGN
Any object, device or structure, or part thereof, which is
used to advertise, identify, direct or attract attention to an object,
person, institution, organization, business, establishment, product,
service, commodity, or entertainment, or an event sponsored by any
institution, organization or business, or a location, by any means,
including, but not limited to, words, letters, figures, designs, symbols,
fixtures, illumination or projected images. Included in this definition
are any of the above which are affixed to or located within a window
and visible from the exterior of the building. Excluded from this
definition are flags, artwork, holiday or seasonal decorations, cemetery
markers, machinery or equipment signs, memorial signs or tablets,
athletic scoreboards and merchandise displayed within a building.
[Amended 4-25-2008 by Ord. No. 08-03; 10-13-2009 by Ord. No.
09-15]
SIGN, AWNING
Any sign which is painted or applied to the surface of an
awning and does not project or hang from an awning.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, CONSTRUCTION
A temporary on-premise sign that functions to identify:
[Added 10-13-2009 by Ord. No. 09-15; amended 11-24-2009 by Ord. No.
09-23]
(1)
The ongoing construction activity during the time that a building
permit is active and prior to completion of the work for which the
permit was issued, containing sign copy that is limited to the ongoing
construction activity and identifying the contractor and/or any subcontractor
engaged to perform construction activity on the site, and/or the architect,
engineer or any other participants in the construction activity on
the site, and announcing the purpose of the building or structure
for which the building permit has been issued; or
(2)
Services not requiring a building permit being performed by
contractors, tradesmen or artisans during the time that services are
being performed.
SIGN, DIGITAL
A light-emitting diode sign, also known as an "LED sign,"
used as a variable message sign or any other electronic variable message
sign.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, DIRECTIONAL
Any sign which is designed and erected solely for the purpose
of traffic, bicycle or pedestrian direction which is placed on the
property to which or on which the public is directed.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, DIRECTORY
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities as well as a map or floor plan diagram indicating
the location of the buildings and/or offices.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, ELECTION
A temporary sign erected or displayed for the purpose of
expressing support for or opposition to a candidate or stating a position
regarding an issue upon which the voters of the Town may vote.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, ERECTION OF
To build, construct, attach, place, suspend or affix a sign,
including the painting of wall signs and the painting of signs or
displays on the exterior surface of a building or structure. A material
change in any sign shall be considered as the erection of a new sign.
A change in the wording of a sign shall not be considered a material
change.
[Amended 9-11-2012 by Ord. No. 12-09]
SIGN, FLASHING
A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign, and changes more frequently
than once per minute.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, FREE EXPRESSION
A sign communicating information or views on matters of public
policy concern or containing any other noncommercial message that
is otherwise lawful.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, GROUND
Any sign supported by uprights or braces placed upon or in
the ground and not attached to any building.
[Amended 4-25-2008 by Ord. No. 08-03]
SIGN HEIGHT
The highest spot at any one point on the sign measured from
the average grade level surrounding the sign.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, INDIRECTLY LIGHTED
Any sign which reflects light from a source intentionally
directed upon it, for example by means of floodlights, gooseneck reflectors
or externally mounted fluorescent light fixtures.
SIGN, INTERMITTENT
A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign, and which varies in intensity
or color more frequently than once every 12 hours.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, INTERNALLY ILLUMINATED
Any sign which spreads light over the sign surface from a
source located within the sign and behind a translucent sign surface
and wherein the direct source of light is not visible.
[Amended 4-25-2008 by Ord. No. 08-03]
SIGN, MACHINERY OR EQUIPMENT
A sign incorporated into machinery or equipment by a manufacturer
or distributor that functions only to identify or advertise the product
or service dispensed by the machine or equipment, such as signs customarily
affixed to vending machines, newspaper racks, telephone booths and
gasoline pumps.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, MEMORIAL OR TABLET
A sign that functions to bear the name of a building and/or
the date of erection or construction of a building, which forms a
part of the building and is not greater than three square feet, such
as a cornerstone or building plaque.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, NAMEPLATE
A sign indicating the name and address of a building or the
name of an occupant thereof and/or the practice of a permitted occupation
therein.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, NEON OR LED "OPEN"
A neon or light-emitting diode sign that functions to identify
whether or not a commercial business is then currently open to the
public for business.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, NONCOMMERCIAL ON-SITE DIRECTIONAL
An on-site sign that functions to provide direction or information
to pedestrian or vehicular traffic, that is related or reasonably
necessary to the movement of pedestrian or vehicular traffic on the
premises and does not display a commercial message (e.g., "entrance,"
"exit," "caution," "no parking," "one way only," "no trespassing,"
and the like).
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, PERMANENT
A sign constructed of durable materials and intended to exist
for the duration of time that the use or occupant is located on the
premises.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, PORTABLE
Any sign designed to be transported, including, but not limited
to, signs designed to be transported by means of wheels, inflatable
displays, umbrellas used for advertising of the establishment they
are used for, and signs attached to or painted on vehicles parked
to enhance visibility from the public right-of-way. Excluded from
this definition are standing signs.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, PROJECTING
A permanent sign attached to and projecting out from a building
wall, generally at right angles to the building.
[Amended 4-25-2008 by Ord. No. 08-03]
SIGN, REAL ESTATE
A sign that functions to advertise the sale, rental or lease
of the premises or part of the premises on which the sign is displayed
temporarily.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, SNIPE
A sign tacked, nailed, posted, pasted, glued or otherwise
attached to trees, rocks or other natural features, or to poles, stakes
or fences, with the message appearing thereon not applicable to the
present use of the premises upon which the sign is located. This shall
not include warning signs such as "no trespassing" signs or "no hunting"
signs.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, SPECIAL EVENT
A temporary sign, regardless of content, providing notice
of, or direction to, an event, gathering, assembly or meeting that
is open to the public at large.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, STANDING
A temporary and moveable "A-frame" sign generally placed
along a sidewalk or other area intended for the view of pedestrians.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, STATUTORY
A sign required by any statute or regulation of the State
of New Jersey or the United States.
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas,
fabric, plywood, or other light material and designed or intended
to be displayed for a short period of a time.
[Added 4-25-2008 by Ord. No. 08-03]
SIGN, TRAFFIC CONTROL DEVICE
A sign located within the right-of-way that functions as
a traffic control device and that is described and identified in the
Manual on Uniform Traffic Control Devices (MUTCD) and approved by
the Federal Highway Administrator as the National Standard. A traffic
control device sign includes those signs that are classified and defined
by their function as regulatory signs (that give notice of traffic
laws or regulations), warning signs (that give notice of a situation
that might not be readily apparent) and guide signs (that show route
designations, directions, distances, services, points of interest
and other geographical, recreational or cultural information).
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, WALL
A sign which is affixed parallel to or painted on an exterior
wall of any building.
SIGN, WARNING
A sign that functions to provide a warning of a dangerous
condition or situation that might not be readily apparent or that
poses a threat of serious injury (e.g., "gas line," "high voltage,"
"condemned building," etc.) or that functions to provide a warning
of a violation of law (e.g. "no trespassing," "no hunting allowed,"
etc.).
[Added 10-13-2009 by Ord. No. 09-15]
SIGN, WINDOW
A temporary or permanent sign that is applied or attached
to the interior or exterior of a window or glass (or similar substitute)
on a door or located in such a manner within a building that it is
directed at people outside of the building.
[Added 4-25-2008 by Ord. No. 08-03]
SINGLE OWNERSHIP
Ownership by one person or by two or more persons, 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.
SINKHOLE (DOLINE)
A localized land subsidence, generally a funnel-shaped or
steep-sided depression, caused by the dissolution of underlying carbonate
rocks or the subsidence of the land surface into a subterranean passage,
cavity or cave. Sinkholes are formed by the underground removal of
soil and rock material.
[Added 8-26-2008 by Ord. No. 08-12]
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all 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; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
SITE PLAN, MINOR
A development plan which is limited to any or all of the
following: 1) alterations to the facade or roof of an existing building;
2) an increase and/or decrease in the floor area of an existing building,
provided the change involves no more than 10% of the existing floor
area or 200 square feet, whichever is less; 3) site grading or landscaping
of an area no greater than 250 square feet; 4) a decrease of any parking
spaces or an increase of less than five spaces, provided that such
development plan does not involve a planned development, the installation
of any road improvements or the extension of any off-tract improvements
to be prorated pursuant to N.J.S.A. 40:55D-52.
[Added 11-22-2005 by Ord. No. 05-15]
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §
88-41A of this chapter.
SOIL
The material found in the surface layer of the earth's crust
which may be moved by a spade or shovel.
[Added 8-26-2008 by Ord. No. 08-12]
SOLUTIONED CARBONATES
Carbonate rocks that have had cavities formed, fractures
widened, and passages in the rock created through the dissolution
of the rock by the passage of surface water.
[Added 8-26-2008 by Ord. No. 08-12]
SOLUTION CHANNELS
Tubular or planar channels formed by solution in carbonate
rock terrains, usually along joints and bedding planes. These openings
may serve as the water-bearing openings in carbonate rocks.
[Added 8-26-2008 by Ord. No. 08-12]
SOLUTION SINKHOLE
A depression formed from the slow dissolution of bedrock.
[Added 8-26-2008 by Ord. No. 08-12]
SPRING
A place where water naturally flows from rock or soil upon
the land or body of surface water.
[Added 8-26-2008 by Ord. No. 08-12]
START OF CONSTRUCTION
Construction which includes substantial improvement and means
the date the building permit was issued, provided that the actual
start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site, such as the pouring of a slab or footings, the installation
of piles, the construction of columns or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure.
[Added 4-14-1987 by Ord. No. 87-8]
STORY
The aboveground portion of a building included between the
surface of any floor and the surface of the next floor above it, or,
if there is no floor above it, then the space between the floor and
ceiling next above it.
[Amended 7-9-2013 by Ord. No. 13-14]
STORY, HALF
A portion of a building situated above a story, where the
walls meet a sloping roof and having a maximum average height of five
feet.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the county recording officer
prior to the appointment of a Land Use 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, sidewalks, parking areas and other areas
within the street lines, For the purpose of this chapter, streets
shall be classified as follows:
[Amended 12-18-1986 by Ord. No.
84-17; 12-10-1985 by Ord. No. 85-25; 12-10-2013 by Ord.
No. 13-20]
(1)
ARTERIAL STREETSStreets which are used primarily for fast or heavy traffic as designated on the circulation plan of the Master Plan of the Town of Clinton or have an average daily traffic volume (ADT) of over 3,500.
(2)
COLLECTOR STREETSStreets which carry traffic from local streets to arterial streets and have an average daily traffic volume (ADT) from 1,500 to 3,500 vehicles or which provide the principal access from a preexisting collector or arterial street into a new residential development containing 50 or more dwelling units.
(3)
LOCAL STREETSThe streets of a residential development necessary for circulation within such development, providing access to abutting properties and having an average daily traffic volume (ADT) of less than 1,500.
(4)
MARGINAL ACCESS STREETSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
(5)
DEAD-END STREET or CUL-DE-SACAny street or combination of streets having only one outlet or connection to a street having more than one outlet means of access.
STREET LINE
The right-of-way line of a street as indicated by public
usage, dedication or deed of record.
STRUCTURE
Any combination of materials forming any construction the
use of which requires location on the ground or attachment to something
having location on the ground and including, among other things, display
stands, platforms, pools, flagpoles, standpipes, earthenworks, tanks
and towers of any kind. The term "structure" shall include the term
"building."
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 for another.
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 term "subdivision" shall also include the term "resubdivision."
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 Land Use Board
or subdivision committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
[Amended 12-10-2013 by Ord. No. 13-20]
(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.
SUBSIDENCE SINKHOLES
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in the underlying, soluble bedrock.
[Added 8-26-2008 by Ord. No. 08-12]
SURFACE RUNOFF
The part of the precipitation that passes over the surface
of the soil.
[Added 8-26-2008 by Ord. No. 08-12]
TOWN
The Town of Clinton, in the County of Hunterdon and State
of New Jersey.
TRACT
An area of land composed of one or more contiguous lots having
sufficient area to meet the requirements of this character for the
use(s) permitted. For the purposes of computing area and density requirements,
a tract may include a public or private street or right-of-way, provided
that portions of the remainder of the tract are located directly opposite
each other along at least 75% of the frontage of the street or right-of-way
in question.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
VARIANCE
Permission to depart from the literal requirements of a zoning
regulation.
VERY LOW INCOME
Less than 50% of the median income for the region in the
document entitled "Section 8 Rental Assistance Program, Income by
Family Size," published by the United States Department of Housing
and Urban Development.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
VOID
An opening in the soil or rock materials.
[Added 8-26-2008 by Ord. No. 08-12]
WINERY SALESROOM
An establishment licensed by the state as a winery sales
room under N.J.S.A 33:1-15, that is owned and operated by the holder
of a plenary winery license or out-of-state winery license issued
by the state under N.J.S.A. 33:1-10, where wine produced by the licensee
is sold at retail in original packages for consumption on or off the
premises, and for the offering of samples.
[Added 4-13-2022 by Ord. No. 22-02]
YARDS
(1)
FRONT YARDAn open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the principal building.
(2)
REAR YARDAn open space unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal building on the lot. If there is no rear lot line, as in the case of a triangular-shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming, provided that there can be drawn entirely within the property a quadrilateral formed by the rear line of the principal building, the extension of the sidelines of the principal building from the rear of the principal building and a line connecting said extended building side lines, which quadrilateral shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard.
(3)
SIDE YARDAn open space unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest point of the principal structure on the lot.