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.
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
Words used in the present tense include the future.
The singular includes the plural.
The word "person" includes a corporation, partnership and association, as well as the individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
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:
- ACCESSORY BUILDING, STRUCTURE OR USE
- 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.
- The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of a structure.
- ADMINISTRATIVE OFFICER
- The Clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.
- AFFORDABLE HOUSING
- 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.
- AGRICULTURAL SOILS
- 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.
- ALLEY (SERVICE STREET)
- 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:
- A. All incidental changes or replacement in the nonstructural parts of a building or other structure.
- B. Minor changes or replacements in the structural parts of a building or other structure, including but not limited to the following examples:
- (1) Alteration of interior partitions to improve livability in nonconforming residential buildings, provided that no additional dwelling units are created thereby.
- (2) Alteration of interior partitions in all other types of buildings or other structures.
- (3) Constructing windows or doors in exterior walls.
- (4) 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.
- 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.
- APPROVING AUTHORITY
- The Glen Gardner Borough Planning Board, unless a different agency is designated by ordinance when acting pursuant to the authority of the Act.
- AREA OF A SIGN
- The total area of a sign, including all borders and trim, but not structural elements.
- BASE SITE AREA
- 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.
- BOARD OF ADJUSTMENT
- 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).
- BUFFER YARD
- 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.
- BUILDING COVERAGE
- That portion of a lot covered by the first floor of a building or buildings.
- BUILDING SETBACK LINE
- 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.
- CAPITAL IMPROVEMENT
- 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.
- CLEAR SIGHT TRIANGLE
- 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.
- COMMERCIAL VEHICLE
- Any vehicle registered with the State of New Jersey or any other state as a commercial vehicle and displaying commercial plates.
- CONCEPT PLAN
- A general plan, sufficiently detailed for discussion purposes.
- CONDITIONAL USE
- 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.
- CORNER LOT
- 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.
- COUNTY MASTER PLAN
- 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.
- COUNTY PLANNING BOARD
- 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.
- DENSITY, GROSS
- 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]
- DETENTION BASIN
- 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.
- DEVELOPMENT REGULATION
- 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.
- A. Single-family detached dwellings, buildings designed for or occupied as a dwelling for one family;
- B. Two-family dwellings, buildings designed for or occupied as two dwellings for two families; and
- C. Multifamily dwellings, buildings designed for, occupied or used for dwelling purposes by three or more families living independently of one another.
- DWELLING UNIT
- 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. 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.
- ENFORCEMENT OFFICER
- The Zoning Officer, Building Inspector or other individual appointed by the municipality to enforce this chapter within the jurisdiction of the municipality.
- ENVIRONMENTAL COMMISSION
- 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.
- EXCAVATION or CUT
- An act by which soil or soils are cut into, dug, quarried, uncovered, removed, displaced or relocated.
- EXISTING GRADE
- 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.
- FINAL APPROVAL
- 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.
- FINAL PLAT
- 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.
- FINISHED GRADE
- The final elevation of the ground surface conforming to the proposed design.
- B. 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.
- FLOOD ELEVATION, REGULATORY
- 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.
- FLOODPLAIN DISTRICTS, DESIGNATED
- 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.
- FLOODPLAIN SOILS
- 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.
- FLOOR AREA
- 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:
- A. Basement space, if it meets the requirements of a building story.
- B. Attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
- C. Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
- D. Any other floor space used for dwelling purposes, no matter where located within the building.
- E. Accessory buildings, excluding space used for off-street parking or loading berths.
- F. 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.
- FLOOR AREA RATIO
- 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.
- GOVERNING BODY
- 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.
- GRADING PERMIT
- A permit issued to authorize work to be performed under this chapter in situations not requiring subdivision or site plan approval.
- GRASSED WATERWAY
- 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.
- GROUND FLOOR
- The first floor of a building other than a cellar or basement.
- HEIGHT OF BUILDING
- The vertical distance measured from the average level of the finished grade along all the exterior walls of a building to:
- A. The highest point of the roof, in the case of a flat roof;
- B. 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
- C. 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.
- HISTORIC DISTRICT
- 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.
- HISTORIC SITE
- 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.
- HOMEOWNERS' ASSOCIATION
- 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.
- 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.
- A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
- B. 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.
- ISOLATED LOT
- An undeveloped substandard lot in separate ownership from surrounding property.
- LAKES AND PONDS
- 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.
- LOADING BERTH
- 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.
- LOOP STREET
- 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.
- LOWEST FLOOR
- Lowest floor of the enclosed area, including basement.
- MANUFACTURED HOME
- A unit of housing which:
- A. Consists of one or more transportable sections which are substantially constructed off-site and, if more than one section, are joined together on-site;
- B. Is built on a permanent chassis;
- C. Is designed to be used, when connected to utilities, as a dwelling on a permanent foundation; and
- D. 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.).
- E. 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.
- MAINTENANCE GUARANTY
- 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.
- MAJOR APPLICATION
- 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.
- MAJOR RENEWABLE ENERGY GENERATING FACILITY
- 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]
- MAJOR SITE PLAN
- Any development plan not classified as a minor site plan.
- MAJOR SUBDIVISION
- Any subdivision not classified as a minor subdivision.
- 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 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."
- MET (METEOROLOGICAL) TOWER
- A meteorological tower used for gathering atmospheric information,
such as wind speed and direction.[Added 12-6-2011 by Ord. No. 2011-14]
- MINOR APPLICATION
- 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.
- MINOR COMMERCIAL FARM RENEWABLE ENERGY GENERATING FACILITY
- 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]
- MINOR PRESERVED FARM RENEWABLE ENERGY GENERATING FACILITY
- 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]
- MINOR RENEWABLE ENERGY GENERATING FACILITY
- 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]
- MINOR SITE PLAN
- A development plan of one or more lots which:
- A. Proposes new development within the scope of development specifically permitted by this chapter as a minor site plan;
- B. 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;
- C. Is less than 2,000 square feet in size and requires fewer than five parking spaces; and
- D. 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.
- MINOR SUBDIVISION
- 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.
- MUNICIPAL AGENCY
- 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.
- NATURAL GROUND SURFACE
- The ground surface in its original state before any grading, excavation or filling.
- NONCONFORMING LOT
- A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING STRUCTURE
- A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
- NONCONFORMING USE
- A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
- NURSING HOME
- A 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.
- OCCUPANT (OCCUPANCY)
- 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.
- OFFICIAL COUNTY MAP
- 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.
- OFFICIAL MAP
- 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.
- OPEN SPACE
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment 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.
- 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.
- PERFORMANCE GUARANTY
- 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.
- PLANNED BUSINESS DEVELOPMENT
- A flexible development of mixed uses designed with an overall coordinated plan. It includes retail, office and residential uses.
- PLANNING BOARD
- 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.
- PRELIMINARY APPROVAL
- 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.
- 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
- 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.
- PRINCIPAL USE
- The main purpose for which a lot or building or portion of a lot or building is used.
- PUBLIC AREAS
- 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.
- PUBLIC DEVELOPMENT PROPOSAL
- A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
- PUBLIC UTILITY OPERATING FACILITY
- 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.
- RECYCLING AREA
- A space allocated for the collection and storage of source
separated recyclable materials.[Added 12-6-1994 by Ord. No. 94-11]
- RENEWABLE ENERGY FACILITY
- 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.
- RESIDENTIAL CLUSTER
- 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.
- A. 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
- B. 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.
- RETENTION BASIN OR POND
- A natural or manmade area in which stormwater is retained on a long-term basis.
- REVERSED-FRONTAGE LOT
- A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street.
- ROAD CLASSIFICATION
- 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.
- ROOF-MOUNTED WIND ENERGY SYSTEM
- 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]
- ROTOR DIAMETER
- 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.
- SEDIMENT BASIN
- A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.
- SEDIMENT POOL
- A reservoir space allotted to the accumulation of submerged sediment during the life of a structure.
- SEWER FACILITY
- 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.
- SINGLE AND SEPARATE OWNERSHIP
- 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.
- 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 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.
- SKETCH PLAT
- 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.
- SMALL WIND ENERGY SYSTEM
- 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.
- SOIL EROSION AND SEDIMENT CONTROL PLAN
- 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.
- SOLAR AND PHOTOVOLTAIC FACILITY
- 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]
- SOLAR PANEL(S)
- 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 OF PERFORMANCE
- 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.
- START OF CONSTRUCTION
- 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.
- STREAM CORRIDOR
- 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.
- STREET LINE
- 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.
- STORMWATER DETENTION
- 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.
- A. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (1) Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
- (2) Divisions of property by testamentary or intestate provisions;
- (3) Divisions of property upon court order, including but not limited to judgments of foreclosure;
- (4) Consolidation of existing lots by deed or other recorded instrument; and
- (5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal Development Regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality.
- B. The term "subdivision" shall also include the term "resubdivision."
- SUBSTANTIAL IMPROVEMENTS
- 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.
- SYSTEM HEIGHT
- 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]
- TEMPORARY PROTECTION
- Stabilization of erosive or sediment-producing materials.
- TOWER HEIGHT
- 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.
- 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.
- VEGETATION PROTECTION
- 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.
- WIND ENERGY SYSTEM
- 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]
- WIND GENERATOR
- 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]
- WIND TOWER
- 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:
- A. Floodplain association. This type of woodland association occurs primarily on floodplain soils. Mature trees within this association consist of:
- B. 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:
- WOODED LOT
- 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.
- ZONING PERMIT
- 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.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Editor's Note: The definition of "performance subdivision," which immediately followed this definition, was repealed 10-7-2003 by Ord. No. 2003-9.