A.
Unless a contrary intention appears, the following
words and phrases shall have for the purposes of this chapter the
meanings given in the following clauses.
B.
For the purpose of this chapter, words and terms used
herein shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, partnership
and association, as well as the individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" indicates a mandatory requirement,
and the term "may" indicates a permissive action.
(6)
The words "used" and "occupied" as applied to any
land or structure shall be construed to include the words "intended,
arranged or designed to be occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
A way for vehicular and pedestrian traffic leading from any
street.
An acre is 43,560 square feet.
The New Jersey Municipal Land Use Law, Chapter 291 of the
laws of 1975, as supplemented and amended from time to time.[1]
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of a structure.
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
As described in the Housing Element and Fair Share Plan of
the Borough of Glen Gardner.
The science and art of farming, and herein specifically refers
to the work of cultivating the soil, producing and harvesting crops
and breeding and raising of livestock. Livestock encompasses animals
of all kinds. Processing of livestock, meaning freezing, canning,
drying or salting, and large-scale feed lots are specifically excluded
as not constituting agricultural activities.
Soils classified in the Soil Survey of Hunterdon County,
New Jersey, U.S. Department of Agriculture, Soil Conservation Service,
November 1974. The term, unless otherwise specified, refers to land
capability Classes I, II, and III; those soils which may be considered
prime agricultural soils.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
Alterations include but are not limited to the following:
All incidental changes or replacement in the
nonstructural parts of a building or other structure.
Minor changes or replacements in the structural
parts of a building or other structure, including but not limited
to the following examples:
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
Alteration of interior partitions in all other
types of buildings or other structures.
Constructing windows or doors in exterior walls.
Strengthening the load-bearing capacity in not
more than 10% of the total floor area to permit the accommodation
of a specialized unit or machinery equipment.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or
Section 27 (N.J.S.A. 40:55D-36) of the Act.
The Glen Gardner Borough Planning Board, unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Act.
The total area of a sign, including all borders and trim,
but not structural elements.
See Site Area, Base.
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 1/3 of the perimeter walls
are five feet or more above grade and if the net area of the door
or window openings in the exterior walls is equal to at least 10%
of the enclosed floor area.
The Glen Gardner Borough Board of Adjustment established
pursuant to Section 56 (N.J.S.A. 40:55D-69) of the Act.
A person occupying any room or group of rooms forming a single,
habitable unit used or intended to be used for living and sleeping
but not for cooking or eating purposes, and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to the owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified for the purposes of
this chapter not as a roomer, boarder or lodger, but as a guest of
a commercial lodging establishment (motel, hotel, tourist home).
A strip of required yard space adjacent to the boundary of
a property, district, road, street or highway, not less in width than
is designated in this chapter, and on which is placed year-round shrubbery,
hedges, evergreens or other suitable plantings of sufficient height
and density to constitute an effective screen and to give maximum
protection and immediate screening to an abutting property or district.
A buffer yard may include a wall or fence or a solid wall or fence,
provided that such wall or fence is screened or constructed in such
a manner that it will not conflict with the character of the abutting
district.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
That portion of a lot covered by the first floor of a building
or buildings.
The line parallel to the proposed right-of-way line at a
distance therefrom equal to the depth of the front yard required for
the district in which the lot is located; provided that, in the case
of a lot where the side lines are divergent, as is the case with cul-de-sac
lots, the building setback line shall be where lot width first coincides
with the required minimum lot width, but in no case closer to the
street than the required front yard.
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards, and to lot lines, and therefore include:
A measurement of the size of a tree equal to the diameter
of its trunk measured 4 1/2 feet above natural grade. For new
trees such as those to be planted as part of a landscape plan, the
caliper of the tree is measured at six inches above finished grade.
A governmental acquisition of real property or major construction
project.
A story, partly underground, and having more than 1/2 of
its height (measured from floor to ceiling) below the average level
of the adjoining ground or a floor-to-ceiling height of less than
6 1/2 feet. A cellar should not be considered in determining
the permissible number of stories or square footage, nor shall it
be used for dwelling purposes.
A written endorsement of a plan for soil erosion and sediment
control by the Borough Engineer which indicates that the plan meets
the Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee.
The bed and banks of watercourses, which confine and convey
the normal flow of the water, either continuously or intermittently.
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.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the interaction
of the street right-of-way lines.
Any vehicle registered with the State of New Jersey or any
other state as a commercial vehicle and displaying commercial plates.
A general plan, sufficiently detailed for discussion purposes.
A use permitted in a particular zoning district only upon 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 Article V, Use Regulations, and upon the issuance of an authorization therefor by the Planning Board.
As defined within the State Condominium Act. Real estate,
portions of which are designed for separate ownership and the remainder
of which is designated for common ownership solely by the owners of
those portions. Real estate is not a condominium unless the included
interests in the common elements are vested in the unit owners.
Immediately adjacent, abutting, bordering and/or sharing
a common property line.
Development other than planned development.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot fronting upon a curved
street or streets shall be considered a comer lot if the tangents
to the curve at points within the lot or at the points of intersection
of the side lot lines with the street line intersect at an angle of
less than 135°. Front yards are required on both streets; the
remaining yards are to be side yards.
A composite of the Master Plan for the physical development
of Hunterdon County with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Hunterdon County Planning Board, as defined in Section
1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
A street which intersects another street at one end and terminating
at the other end in a vehicular turnaround.
Calendar days.
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or a less than fee interest, including an easement.
The razing of any improvement or the obliteration of any
structure.
A measure of the number of permitted dwelling units per gross
area of residential land area to be developed, including proposed
streets, easements and open space portions of a development. Gross
density shall be expressed in dwelling units per acre. The measure
is determined by dividing the number of dwelling units into the gross
site area.
[Amended 5-7-1991 by Ord. No. 91-4]
A natural or man-made area in which stormwater is temporarily
detained (for more than six hours following a ten-year storm) and
from which said water is slowly released at a rate compatible with
sound soil management practices as approved by the Borough Engineer.
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.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, any use or change in the use of
any building or other structure or land or extension of use of land
for which permission may be required pursuant to the Act.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to this chapter.
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed bridges and culverts,
to induce water recharge into the ground, where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
Lands reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
A roadway or passageway which is not a street as defined
herein, but which, prior to adoption of this chapter, has become an
established use for owners of abutting lands having no frontage on
any existing state, county or municipal road for ingress or egress
over the property of others, between a public street and the abutting
properties. Private roads or lanes entirely situated on a single property
shall not be considered a driftway.
A private strip of land, generally graded, intended for use
as a means of vehicular or pedestrian access to an individual lot.
A lot or part thereof used for disposal by abandonment, dumping,
burial, burning or any other means and for whatever purpose of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof, or standardized products.
A building designed and occupied for residential purposes,
excluding hotels, rooming houses, tourist homes, institutional homes,
residential clubs, mobile home parks and the like.
Single-family detached dwellings, buildings
designed for or occupied as a dwelling for one family;
Two-family dwellings, buildings designed for
or occupied as two dwellings for two families; and
Multifamily dwellings, buildings designed for,
occupied or used for dwelling purposes by three or more families living
independently of one another.
One or more rooms for living purposes, together with cooking
and sanitary facilities, which are used or intended to be used by
one or more persons living together and maintaining a common household.
Each shall be accessible from the outdoors either directly or through
an entrance hall shared with other dwelling units.
A right-of-way or restriction granted for limited use of
private land within which the owner of the property may be restricted
from erecting permanent structures but shall have the right to make
any other use of the land which is not inconsistent with the rights
of the grantee.
The lowest horizontal line of a sloping roof.
A man-made deposit of soil, rock or other materials.
A term referred to in the parking standards as a measure
of the number of parking spaces required.[2] It shall refer to the maximum number of employees on duty
at any time, whether the employees are full- or part-time. If shifts
are involved in which two shifts overlap, it refers to the total of
both shifts.
The Zoning Officer, Building Inspector or other individual
appointed by the municipality to enforce this chapter within the jurisdiction
of the municipality.
A municipal advisory board created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
An act by which soil or soils are cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing ground surface prior
to cutting or filling.
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
The exterior wall, face or plane of a building. The area
of the facade is computed by multiplying the distance between the
corners of the facade by the distance from the average level of the
finished grade of the ground to the eaves or parapet of the facade.
One or more persons related by blood, foster relationship,
marriage or adoption, and, in addition, any domestic servants or gratuitous
guests thereof; or a group of not more than five persons who need
not be so related; and, in addition, domestic servants or gratuitous
guests thereof who are living together in a single dwelling unit and
maintaining a common household with single cooking facilities. A roomer,
boarder or lodger shall not be considered a member of the family.
A lot of at least five acres used solely for agricultural
purposes, exclusive of the minimum lot area required for a building
intended for habitation.
The same as agriculture. The existence of a vegetable garden
for home consumption or the presence of not to exceed three animals
as pets is not construed as farming.
The official action of the Planning Board taken in a preliminary
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.
The final map of all or portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Hunterdon County Recording Office.
The final elevation of the ground surface conforming to the
proposed design.
A one-hundred-year flood is one that, on the
average, is likely to occur once every 100 years (i.e., that has a
one-percent chance of occurring each year), although the flood may
occur more frequently. A fifty-year flood is one which, on the average,
is likely to occur once every 50 years (i.e. that has a two-percent
chance of occurring each year), although the flood may occur more
frequently. A ten-year flood is one which, on the average, occurs
every 10 years (i.e. that has a ten-percent chance of occurring each
year), although the flood may occur more frequently. A five-hundred-year
flood is one which, on the average, is likely to occur once every
500 years (i.e. that has a two-tenths-percent chance of occurring
each year), although the flood may occur more frequently.
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
That portion of the one-hundred-year floodplain outside the
floodway. The basis for the outermost boundary of this district shall
be the one-hundred-year-flood elevation.
Those Floodplain Districts specifically designated in each
municipality as being inundated primarily by the one-hundred-year
flood. Such areas include the Floodway District, the Flood Fringe
District and the Approximated Floodplain District.
Areas subject to periodic flooding and listed in the Soil
Survey of Hunterdon County, N.J., U.S. Department of Agriculture,
Soil Conservation Service, November 1974 as being on the floodplain
or subject to flooding. The following soil types are floodplain soils:
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge the flood of the one-hundred-year
magnitude without causing more than a two-tenths-foot rise above the
current natural conditions.
Structural or other changes or adjustments to properties
or obstructions for the reduction or elimination of flood damages
to such properties and obstructions, or to the contents of the structure.
The sum of the areas of the several floors of a building
measured from the outside face of the exterior walls or from center
lines of walls separating two buildings. In particular, floor area
includes but is not limited to the following:
Basement space, if it meets the requirements
of a building story.
Attic space (whether or not a floor has been
laid) providing structural headroom of eight feet or more.
Roofed terraces, exterior balconies, breezeways
or porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes,
no matter where located within the building.
Accessory buildings, excluding space used for
off-street parking or loading berths.
Any other floor space not specifically excluded,
excluding space used for air-conditioning machinery or cooling towers
and similar mechanical equipment serving the building and cellar space.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The ongoing program of clearing or cutting timber resources
within the forested or wooded areas and coordinated with a reforestation
program. Forestry does not include authorized clearing in accordance
with plans approved pursuant to this chapter, the issuance of a building
permit, nor the removal of sick or dead trees.
A margin of safety, expressed in feet above the one-hundred-year-flood
elevation.
The Borough Council, the chief legislative body of the municipality.
Any stripping, cutting, filling, stockpiling or any combination
thereof, and shall include the land in its cut or filled condition.
A permit issued to authorize work to be performed under this
chapter in situations not requiring subdivision or site plan approval.
A natural or constructed path, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from a field diversion or other site feature.
The first floor of a building other than a cellar or basement.
The vertical distance measured from the average level of
the finished grade along all the exterior walls of a building to:
The highest point of the roof, in the case of
a flat roof;
One-half the distance between the top of the
uppermost plate and the highest point of the roof, in the case of
sloping roofs; or
The highest point of any accessory structure
or other irregularity which rises wholly or partly above the general
or average roofline, and whose area equals or exceeds 10% of the ground
floor area of the building which supports it.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites. When viewed collectively, they represent
a significant period in the architectural and social history of the
Borough; because of their unique character, they can readily be viewed
as an area of neighborhood district from surrounding portions of the
Borough; and they have a unique character resulting from their architectural
style.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing that is significant
in the history, architecture, archaeology or culture of the state,
its communities or the nation, formally identified in the Glen Gardner
Borough Master Plan, and has been so designated pursuant to the Act.
An incorporated, nonprofit organization operating in a cluster
or planned development under recorded land agreements through which
each lot owner is automatically a member; each occupied dwelling unit
is automatically subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the Borough;
and each owner and tenant has the right to use the common property.
IMPERVIOUS SURFACESThose surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete, asphalt and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Municipal Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
IMPERVIOUS SURFACE RATIOA measure of the intensity of use of a site, parcel or tract of land. Impervious surface ratio is determined by dividing the total area of all impervious surfaces within the site, parcel or tract of land by the gross site area.
[Amended 5-7-1991 by Ord. No. 91-4]
Buildings for public or quasi-public use, grading, paving,
streetlights and signs, fire hydrants, water mains, sanitary sewers,
storm drains, sidewalks, crosswalks, bridges, culverts, monuments,
retaining walls and shade trees; as proposed or required, and intended
for dedication to the municipality.
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 municipality, 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 any other law of this State or
of the United States have been denied, violated or infringed by an
action or a failure to act under the Act.
An undeveloped substandard lot in separate ownership from
surrounding property.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the permanent pool elevation. Lakes are bodies of water two or more
acres in extent. Ponds are any body of water less than two acres in
extent.
Includes improvements and fixtures on, above or below the
surface.
An area abutting the building especially designated for the
loading and unloading of vehicles and which has convenient access
to a storage location for the goods loaded or unloaded, such access
being furnished by an elevated floor, a recessed vehicle parking area,
a ramp or other facility of like purpose.
A street which has two points of intersection with the same
road. In its simplest form, a loop street enters a tract, follows
a course through it, and returns to the same road at some distance
from the other intersection.
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 AREAThe area contained within the property lines of a lot (as shown on the development plan), excluding space within existing or future street rights-of-way, overhead utility line easements and within all permanent drainage easements, but including the areas of all other easements assigned an individual owner or to a given collective use by means of a subdivision of land. Open space required under this chapter shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit.
LOT DEPTHThe mean distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.
LOT LINE, FRONTSee Street Line.
LOT LINE REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot, the yard setbacks will be determined by averaging the rear and side yard setback requirements for the district wherein the lot is located. In the case of a corner lot, the yards opposite the two front yards shall be considered side yards.
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
Lowest floor of the enclosed area, including basement.
A unit of housing which:
Consists of one or more transportable sections
which are substantially constructed off-site and, if more than one
section, are joined together on-site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities,
as a dwelling on a permanent foundation; and
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, Pub. L. 93-383 (42 U.S.C. § 5401 et seq.) and the
standards promulgated for a manufactured mobile home by the Commissioner
pursuant to the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.).
For the purpose of this chapter, it shall be
treated the same as a single-family detached dwelling and shall be
constructed on a full permanent foundation.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvement required by the Municipal
Land Use Law, Chapter 291, Laws of New Jersey, 1975.[3]
Any application for a certificate of appropriateness which
involves the demolition or removal of a historic landmark; the addition
to a historic landmark; or the construction of a new structure in
a historic district.
A renewable energy generating facility that does not comply
with one of the definitions of a minor renewable energy generating
facility, a minor commercial farm renewable energy generating facility
or a minor preserved farm renewable energy generating facility and/or
that is rated to produce greater than two megawatts (2 MW) of electricity
at peak output or to produce energy primarily for off-premises consumption
and which thereby constitutes a principal use or an additional principal
use of the property.
[Added 12-6-2011 by Ord. No. 2011-14]
Any development plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 (N.J.S.A. 40:55D-28) of the Act.
The chief executive of the municipality, whatever his or
her official designation may be, except that in the case of municipalities
governed by Municipal Council and Municipal Manager, the term "Mayor"
shall not mean the term "Municipal Manager."
A meteorological tower used for gathering atmospheric information,
such as wind speed and direction.
[Added 12-6-2011 by Ord. No. 2011-14]
Any application for a certificate of appropriateness which
does not involve the demolition or removal of a historic landmark;
addition to a historic landmark; or construction of a new structure
in a historic district.
A ground-mounted renewable energy generating facility located
on a commercial farm and that is rated to generate no more than two
megawatts (2 MW) of electricity at peak output and that occupies no
more than 10 acres of land and which thereby constitutes an accessory
use to the commercial farm operation.
[Added 12-6-2011 by Ord. No. 2011-14]
A ground-mounted renewable energy generating facility located
on a preserved farm and that is either rated to produce no more than
110% of the previous year’s energy demand for the entire farm
management unit (defined to include all contiguous or noncontiguous
parcels operated as a single farm) or that occupies not more than
1% of the total acreage of the farm management unit, whichever is
greater, and that is rated to generate no more than two megawatts
(2 MW) of electricity at peak output and which thereby constitutes
an accessory use to a preserved farm.
[Added 12-6-2011 by Ord. No. 2011-14]
A renewable energy generating facility located on the same
site as the beneficiary of the energy produced and that is rated to
generate no more than 110% of the historical energy use from the previous
year of the meter connected to the renewable energy system and which
thereby constitutes an accessory use to a principal residential or
commercial use of the property.
[Added 12-6-2011 by Ord. No. 2011-14]
A development plan of one or more lots which:
Proposes new development within the scope of
development specifically permitted by this chapter as a minor site
plan;
Does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to Section 30 (N.J.S.A. 40:55D-42) of the Act;
Is less than 2,000 square feet in size and requires
fewer than five parking spaces; and
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by this chapter for approval of a minor site plan have
been met.
A subdivision of land for the creation of not more than two
new lots per property shall be allowed as a minor subdivision from
the date of this chapter adoption; provided that such subdivision
does not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
The Borough of Glen Gardner.
A municipal Planning Board or Board of Adjustment, or a governing
body of a municipality, when acting pursuant to the Act, and any agency
which is created by or responsible to one or more municipalities when
such agency is acting pursuant to the Act.
The ground surface in its original state before any grading,
excavation or filling.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
A health-care facility duly licensed as a nursing or convalescent-care
facility, which provides nursing care in addition to shelter and board,
and for which a certificate of need has been issued by the New Jersey
Department of Health.
Any structure or assembly of materials including fill above
and below the surface of land or water, and any activity which might
impede, retard or change flood flows. The planting, cultivation and
harvesting of field and orchard crops, or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
shall not be considered any obstruction under this definition and
shall not be subject to regulation under these regulations.
The legal occupant of a building or premises licensed to
engage in a business, residence or profession, or exempt from license
due to governmental, educational, religious or other privileged status.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance of the Borough of Glen Gardner
pursuant to Article 5 (N.J.S.A. 40:55D-32 et seq.) of the Act.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment of owners and occupants of land adjoining or neighboring
such open space; provided that such areas may be improved with only
those buildings, structures, streets and off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land.
OPEN SPACE, COMMONAn open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of the residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development, not including streets, off-street parking areas and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive) open space.
OPEN SPACE, DEVELOPED (ACTIVE)Land without resource restrictions which is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts and areas for water management (storm, waste, potable supply).
OPEN SPACE, UNDEVELOPED (PASSIVE)Land used for passive recreation, agriculture, resource protection, amenity or buffers and protected from future development by the provisions of this chapter to ensure that it remains as open space.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
The top of a building wall or facade which is raised above
the roof.
Any security which may be accepted by a municipality, including
cash; provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.[4]
A flexible development of mixed uses designed with an overall
coordinated plan. It includes retail, office and residential uses.
The Glen Gardner Borough Planning Board established pursuant
to Section 14 (N.J.S.A. 40:55D-23) of the Act.
A map or maps of a subdivision or site plan.
The contamination of any waters such as will create a nuisance
or to render such waters harmful, detrimental or injurious to public
health, safety or welfare; or to domestic, municipal, commercial,
industrial, agricultural, recreational or other legitimate beneficial
uses; or to livestock, wild animals, birds, fish or other aquatic
life, including but not limited to such contamination by alteration
of the physical, chemical or biological properties of such waters
or change in temperature, taste, color or odor thereof or the discharge
of any liquid, gaseous, radioactive, solid or other substances into
such waters.
The conferral of certain rights pursuant to Sections 34,
36 and 37 (N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48, N.J.S.A. 40:55D-49)
of the Act prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
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.
The preliminary plat indicating the proposed layout of the
subdivision which is submitted to the Secretary of the Planning Board
for Planning Board consideration and tentative approval and meeting
the requirements of this chapter.
Any tax parcel within a municipality.
The main purpose for which a lot or building or portion of
a lot or building is used.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
Any building or structure or extension thereof used or to
be used by a public utility corporation or authority for public utility
purposes.
The majority of the full authorized membership of a municipal
agency.
A space allocated for the collection and storage of source
separated recyclable materials.
[Added 12-6-1994 by Ord. No. 94-11]
A facility and all associated equipment that engages in the
production of electric energy from solar technologies, photovoltaic
technologies, wind energy or other sources.
[Added 12-6-2011 by Ord. No. 2011-14]
Any work done on any improvement which:
Shall mean repairs when a building permit is required for
the same.
An area to to be developed as a single entity according to
a plan containing residential housing units which have a common or
public open space area as an appurtenance.
RESOURCE PROTECTION LANDResource protection lands include that portion of lands in floodplain, floodplain soils, waterbodies, watercourses, wetlands, shorelines, steep slopes and various woodland associations that must remain undeveloped as determined by the resource protection ratio.
RESOURCE PROTECTION RATIOA measurement of the development constraints of a natural resource. Development may encroach upon a portion of the total area of some natural resources. The extent of that encroachment is determined by dividing the area of the encroachment by the resource protection land.
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 does not include conveyances so
as to combine existing lots by deed or other instrument.
A natural or manmade area in which stormwater is retained
on a long-term basis.
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the minor street.
RIGHT-OF-WAYLand set aside for use as a street, alley or other means of travel.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the State of New Jersey or other appropriate governing authority and currently in existence.
ULTIMATE RIGHT-OF-WAYThe right-of-way deemed necessary by the Comprehensive Master Plan for Glen Gardner Borough or approved plans of Hunterdon County or the State Department of Transportation.
The classification of roads as described in the Comprehensive
Master Plan for Glen Gardner Borough or approved plans of Hunterdon
County or the State Department of Transportation.
The highest continuous horizontal line of a roof. On a sloping
roof, the roofline is the principal ridge line or the highest line
common to one or more principal slopes of roof. On a flat roof, the
roofline is the highest continuous line of the roof.
A wind energy conversion system consisting of vertical axis
wind turbine(s) or any other form of wind energy conversion system
that can be and is mounted on the roof of a building rather than on
a tower.
[Added 12-6-2011 by Ord. No. 2011-14]
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
[Added 12-6-2011 by Ord. No. 2011-14]
The deposition of solid material, both mineral and organic,
that was in suspension and that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
A reservoir space allotted to the accumulation of submerged
sediment during the life of a structure.
Any municipally or privately owned sewer system in which
sewage is collected from several buildings on a single property or
from several lots and treated at a common plant. The design, operation
and location of the sewer plant shall be in accordance with the wastewater
policies of Glen Gardner Borough, participating municipalities and
the State Department of Environmental Protection. For the purposes
of this chapter, community sewage systems shall be defined in accordance
with the administrative regulations of the Department of Environmental
Protection.
Any letter, number, symbol, figure, character, mark, plane,
design, picture, stroke, strike, trademark or combination of these
which is constructed, placed, attached, painted, erected, fastened
or manufactured in any manner whatsoever; which is used for the attraction
of the public to any place, subject, person, firm, corporation, public
performance, article or merchandise and which is displayed in any
manner whatsoever so that it can be seen from the right-of-way of
a public street or highway, including permanent window signs placed
inside windows to attract attention of those outside in the public
right-of-way.
FLASHING SIGNA sign whose illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction or animation. Illuminated signs which indicate the date, time and temperature will not be considered flashing signs.
FREESTANDING SIGNA self-supporting sign not attached to any building, wall or fence, but in a fixed location. This does not include portable or trailer-type signs.
ILLUMINATED SIGNAny sign lit by electrical bulbs, fluorescent lights or neon tubes. Neon tubes used as abstract, graphic, decorative or architectural elements shall be considered to constitute an illuminated sign.
LANDMARK SIGNAn older sign of artistic or historic merit, uniqueness or extraordinary significance to the Borough as identified by the Historic Preservation Commission, or the Borough Council, in their absence.
MOVABLE SIGNA sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels or supported by legs.
OFF-PREMISES SIGNAny sign which is not on the premises of the business being advertised, including a billboard.
OFFICIAL TRAFFIC AND HIGHWAY SIGNOfficial highway route number signs, street name sign, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.
ON-PREMISES SIGNAny sign that advertises, calls attention to or identifies the occupant of the premises on which the sign is maintained or the business transacted thereon or advertises the property itself or any part thereof as for sale or rent.
PORTABLE SIGNAny sign used for a short duration of time, including sandwich boards, posters, bunting and signs on wheels.
PROJECTING SIGNA sign which is affixed to a building, tree or other structure and which extends more than six inches beyond the surface to which it is affixed.
ROOF SIGNA sign which is located above or projects above the lowest point of the eaves or the top of the parapet wall or any building or which is painted on or fastened to a roof.
TEMPORARY SIGNA sign intended to be used for a period of no more than 30 days. Exceptions for pennants and similar devices intended for civic purposes may be granted by special permit.
WALL SIGNAny sign which is painted on, incorporated into or affixed parallel to the wall of a building and which extends not more than six inches from the surface of that building.
The ownership of a lot, tract or parcel of land by one or
more persons, partnerships, corporations or other legal entities,
which is separate and distinct from the ownership of any abutting
or adjoining lot, tract or parcel. "Separate and distinct" means that
the lot, tract or parcel owned does not abut or adjoin any other lot,
tract or parcel of land under the ownership or control of the same
one or more persons, partnerships, corporations or other legal entities.
[Amended 5-7-1991 by Ord. No.
91-4]
SITE AREA, GROSSThe area of a site, parcel or tract as established by actual survey, excluding those lands within the existing public right-of-way and all land area subject to existing deed restrictions, provided that said restriction prevents any further or future development of the subject area.
SITE AREA, SURVEYAll land area within the site, parcel or tract as determined from an actual site survey.
SITE AREA, NET BUILDABLEThat portion of the gross site area which is exclusive of all open space areas required for recreation and resource protection as established by this chapter. The net buildable area is that area of a site that is actually available for site development purposes.
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 other signs,
lighting and screening devices; and any other information that may
be reasonably required in order to make an informed determination
concerning the adequacy of the plan in accordance with the requirements
of this chapter.
The sketch map of a subdivision used for the purpose of classification
and meeting the requirements of this chapter.
Degree of deviation of a surface from the horizontal, usually
expressed in percent.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity consistent with applicable provisions of the State
Uniform Construction Code promulgated pursuant to the State Uniform
Construction Code Act P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
and technical bulletins issued pursuant to § 2 of P.L. 2009,
c. 244 (N.J.S.A. 40:55D-66.13), and which will be used primarily for
on-site consumption.
[Added 12-6-2011 by Ord. No. 2011-14]
All unconsolidated mineral and organic matter of whatever
origin that underlies bedrock and which can be readily excavated.
A plan which fully indicates necessary land treatment measures,
including a schedule for the timing of their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey as promulgated by the State Soil Conservation
Committee.
A facility and all associated equipment that engages in the
production of heat and/or electrical energy from solar or photovoltaic
technologies, whether such system is considered active or passive.
[Added 12-6-2011 by Ord. No. 2011-14]
Elevated panel(s) or plate(s), or a canopy or array thereof,
whether considered active or passive, that captures and/or converts
solar radiation to produce heat and/or electrical energy, and includes
passive solar collectors; flat plate, focusing solar collectors; and
photovoltaic solar cells but excludes the base or foundation of the
panel, plate, canopy, or array.
[Added 12-6-2011 by Ord. No. 2011-14]
Standards adopted by ordinance pursuant to Subsection 52d
(N.J.S.A. 40:55D-65d.) of the Act regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke
and airborne particulates, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the Borough or required by applicable federal or state
laws or municipal ordinances.
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction or improvement was within 180 days of the permit
date. The actual start means the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage of excavation.
That part of a building located between the surface of any
floor and the floor or roof next above. The first story of a building
is the lowest story having 50% or more of its area above grade level
or having the floor at the level of the exterior grade on one or more
sides. A half story is a story under a gable, hip or gambrel roof,
the wall plates of which on at least two opposite exterior walls are
not more than two feet above the floor. Also see Basement herein.
Any stream which has water flowing year round and its one-hundred-year
floodplain.
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 the
law or which is approved by official action as provided by the Act
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. The specific classification
for each street is given in the Circulation Plan Element of the Master
Plan and is hereby made a part of this chapter.
THOROUGHFARES:
MINOR ARTERIALA route providing interstate and intercounty service.
MAJOR COLLECTORA route which should link places of traffic generation with nearby larger towns or with more important intra-county corridors.
MINOR COLLECTORA route which is provided at intervals, consistent with population density, to collect traffic from local streets.
LOCAL STREETS:
RURAL LOCAL ROAD (FEEDER STREET)Designed to function as an intersector and intra-town facility, serving as a feeder route to the arterial system and also serving inter-town travel.
RESIDENTIAL COLLECTORA street which carries residential neighborhood traffic, but which provides no or limited residential frontage.
RESIDENTIAL SUBCOLLECTORA street providing access to abutting properties, and may also conduct traffic from residential streets that intersect it.
RESIDENTIAL ACCESSDesigned to serve the properties fronting thereon, generally to discourage through traffic.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
DRIVEWAYGenerally a private way for vehicular and pedestrian access between a public street and a parking area within a lot or property.
CUL-DE-SACA local street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
HALF (PARTIAL) STREETA street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for movement and use of the street.
MARGINAL ACCESS STREETA street parallel and adjacent to a collector or higher-level street which provides access to abutting properties and separation from through traffic. It may be designed at the level of a residential access street or a residential subcollector as anticipated traffic volumes will dictate.
PRIVATE ROADSAny street which has not been dedicated to the municipality and does not meet municipal road standards.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way; provided that where
an ultimate right-of-way width for a road or street has been established
in the adopted Master Plan or Official Map, that width shall determine
the location of the street line.
Any activity which removes or disturbs the vegetative surface
cover, including clearing and grubbing operations.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land. Among other things, structures include buildings,
swimming pools, mobile homes, billboards and poster panels, but shall
exclude fences, posts, wires and their supporting poles or frames
of electric or telephone utilities or other service facilities and
school bus waiting shelters whose location and design have been approved
before erection by the Board of Education of the Borough of Glen Gardner.
Any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to affect a subdivision of land hereunder for himself
or for another with the written consent of the owner according to
the provisions of this chapter.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning 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;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal Development Regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not the alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration to a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
SWIMMING POOL, PERMANENTA pool which by the nature of its construction attaches to and becomes part of the reality upon which it is constructed, regardless of whether it is below ground, partially above the ground surface or completely above the ground surface. All artificial bodies of water will fall within this classification if their construction normally requires excavation, except for exemptions for ornamental pools as noted in Article V.
SWIMMING POOL, SEMIPERMANENTA pool which by the nature of its construction is erected above ground level and is reasonably capable of being dismantled on a seasonal basis. A pool capable of being filled to a depth of more than 36 inches at the deepest or lowest point is within the classification of permanent swimming pool.
SWIMMING POOL, PRIVATE RESIDENTIALPrivate residential swimming pools shall mean and include artificially constructed pools, whether located above or below the ground, having depth of more than two feet and/or a water surface of 40 square feet, designed and maintained for swimming and bathing purposes by an individual for use, and shall include all accessory buildings, structures and equipment.
SWIMMING POOL, PUBLIC OR PRIVATE CLUBPublic or private club swimming pools shall mean and include either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.
The vertical distance above grade of the tower plus the wind
generator measured vertically from the ground to the tip of a wind
generator blade when the tip is at its highest point.
[Added 12-6-2011 by Ord. No. 2011-14]
Stabilization of erosive or sediment-producing materials.
The vertical distance above grade of the fixed portion of
the tower, excluding the wind generator.
[Added 12-6-2011 by Ord. No. 2011-14]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The specific purpose for which land or a building or a structure
thereon is designed, arranged or intended or for which it may be occupied
or maintained.
USE, ACCESSORYA use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with the principal use.
USE, PRINCIPALA main use; a use which is not incidental or subordinate to another use on the same lot.
Those services customarily rendered by public utility corporations,
municipalities or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles and the like.)
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d.
(N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d)
of the Municipal Land Use Law.
Stabilization of erosive or sediment-producing areas by covering
the soil with permanent seeding, producing long-term vegetative cover;
short-term seeding producing temporary vegetative cover; or sodding,
producing areas covered with turf of perennial sod-forming grass.
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, culvert, drain, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow of floodwater.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component, necessary to fully utilize
the wind generator.
[Added 12-6-2011 by Ord. No. 2011-14]
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanism.
[Added 12-6-2011 by Ord. No. 2011-14]
A monopole, freestanding, or guyed structure that supports
a wind generator.
[Added 12-6-2011 by Ord. No. 2011-14]
Areas, groves or stands of mature or largely mature trees
greater than six inches' caliper as measured at a point 4 1/2
feet above grade covering an area greater than 1/4 acre, or groves
of mature trees (greater than 12 inches caliper as measured at a point
4 1/2 feet above grade) consisting of more than 10 individuals.
Woodlands consist of three different associations which can be determined
by field survey in combination with air photo interpretation:
Floodplain association. This type of woodland
association occurs primarily on floodplain soils. Mature trees within
this association consist of:
Meisic association. This type of woodland association
occurs on poorly drained soils. Over time, these woodlands will consist
mostly of beech trees. Mature trees within this association consists
of:
A wooded lot is any area with more than 10 trees greater
than six inches in caliper measured at a point 4 1/2 feet above
grade on any 1/2 acre of a subdivided lot for single-family detached
dwelling.
An open space unobstructed from the ground up, on the same
lot with a structure and extending along the lot line or street line
inward to the structure. The size of a required yard structure and
a lot line or street line.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the zoning provisions
of this chapter or variance therefrom duly authorized by a municipal
agency pursuant to Sections 47 and 57 (N.J.S.A. 40:55D-60, N.J.S.A.
40:55D-70) of the Act.
