For the purpose of this chapter, certain phrases and words are herein defined as follows:
Words used in the present tense include the future tense;
Words used in the singular number include the plural number and vice versa;
Words used to include the male gender include the female gender and vice versa;
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used;
The word "lot" includes the words "plot" and "premises";
The word "building" includes the word "structure";
The word "shall" is mandatory and not discretionary; and
The word "may" is discretionary and not mandatory.
Whenever a word or term is used in this chapter which is not defined in this chapter, but is defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the word or term is intended to be consistent with the meaning as defined in the Municipal Land Use Law and with the permissible standards pertaining to the word or term.
Any word or term used in this chapter which is not defined in this chapter or in the Municipal Land Use Law is being used with a meaning of standard usage as defined in Webster's New International Dictionary of the English Language, unabridged and latest edition.
The following words and terms shall have the meanings as 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, including, but not limited to, garages, carports, barns, decks, kennels, sheds, nonportable swimming pools, guesthouses and all roofed structures.
- An extension or an increase in the floor area, height or coverage of a building or structure.
- ADMINISTRATIVE OFFICER
- The Clerk of the Land Use Board, unless a different municipal
official is designated by this chapter to administer certain of the
responsibilities specified for the Administrative Officer in the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).[Amended 4-11-2012 by Ord. No. 2012-02]
- A. The Clerk of the Land Use Board shall be nominated and appointed by the Township Committee at its annual reorganization meeting and shall be paid a salary in accordance with the annual Salary Ordinance adopted by the Township Committee.
- B. Nothing shall prohibit the Land Use Board from appointing its designated Clerk also as its Secretary in accordance with N.J.S.A. 40:55D-24 and N.J.S.A. 40:55D-69, respectively.
- C. The Township Committee also may appoint an Assistant Clerk of the Land Use Board, as deemed necessary, who shall be paid a salary in accordance with the annual Salary Ordinance adopted by the Township Committee.
- ADVERSE EFFECT
- Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties including, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose an effective circulation system, failure to provide or make future allowance(s) for access to the interior portion of adjoining lots or for other facilities required by this chapter, and danger from fire, flooding, erosion or other menace.
- As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
- The developer submitting an application for development.
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36 of the Municipal Land Use Law.
- APPROVING AUTHORITY
- The Land Use Board, unless a different agency is designated
in this chapter pursuant to the Municipal Land Use Law.[Amended 4-11-2012 by Ord. No. 2012-02]
- A space between the ceiling beams of the top habitable story and the roof rafters. Attic space which has a stairway for access and egress and in which the ceiling area at a height of 7 1/3 feet above the attic floor is more than one-third the area of the floor next below shall be considered a "story" for the purposes of this chapter.
- That portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a "story" above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter, or is more than 12 at any point.
- Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation.[Added 10-19-2005 by Ord. No. 2005-16]
- A room planned or used primarily for sleeping.
- Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes which is located on a site other than the site to which the advertising relates.
- The Land Use Board of the Township of Blairstown.[Amended 4-11-2012 by Ord. No. 2012-02]
- A building or part thereof, other than a building containing apartments or townhouses as permitted by this chapter, arranged or used for lodging for compensation, monetary or otherwise, with or without meals included, and not occupied as a single housekeeping unit.
- A structure designed to convey motorized/nonmotorized vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.
- BUFFER SCREENING
- An unoccupied portion of land maintained as a landscaped area and used to visually shield or obscure one abutting or nearby structure or use from another and consisting primarily of densely planted vegetation as well as possibly earthen berms, fencing and/or walls.
- A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
- BUILDING HEIGHT
- The vertical distance measured to the highest point of a
building from the mean elevation of the finished grades along all
sides of the building, provided that if the finished grade is higher
then the predevelopment grade at any point beneath the building, than
the building height shall be measured from an elevation no higher
than one foot above the highest point of the predevelopment grade
beneath the building. In all cases where this chapter provides for
height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories within said footage.[Amended 5-28-2003 by Ord. No. 2003-7]
- A plot of ground and/or water upon which two or more campsites are located, established or maintained for occupancy by camping units (e.g., cabins, tents, shelters, houseboats or other accommodations) for use by the general public as temporary quarters for recreational, educational, religious and/or vacation purposes. The term "camp" does not mean a boardinghouse, hotel or motel or a site for the location of mobile homes.
- The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is the paved or graded width.
- That portion of a building partly below and partly above grade, where the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building.
- CELLULAR ANTENNAS
- Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as conditional uses in accordance with the specific zoning conditions and standards for their location and operation included within this chapter.
- CERTIFICATE OF OCCUPANCY
- The certificate issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33 and in accordance with § 19-1002E of this chapter permitting the use of a structure.
- CHILD CARE CENTER
- Any facility which:
- A. Is maintained for the care, development and supervision of six or more children who attend the facility for less than 12 hours a day;
- B. Offers such programs as day-care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth; and
- C. Does not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers.
- CHURCHES AND SIMILAR PLACES OF WORSHIP
- A building or structure, or groups of buildings or structures,
which by design and construction are primarily intended for the conducting
of organized religious services and accessory uses associated therewith,
provided that the permitted accessory uses shall be limited to a residence
for the clergy associated with the house of worship, classrooms for
religious instruction, day care and/or preschool facilities, a social
hall/gymnasium/meeting room for dinners, social functions and recreational
purposes, and similar accessory uses. Any reference to "church" in
this chapter shall mean a church and/or similar place of worship as
here defined, except that this definition of "churches and similar
places of worship" shall not apply to the approximately 117 acres
of land in the R-5 District designated as Lots 8, 1.05 and 1.09 in
Block 2101 on the Township Tax Maps which were the subject of an August
6, 1999, consent judgment regarding the International Mahavir Jain
Mission, Case No. 97-3331 (AET).[Added 8-9-2000 by Ord. No. 2000-06; amended 4-4-2001 by Ord. No. 2001-03]
- CLUBS AND LODGES
- A nonprofit fraternal organization formed and operating for the primary purposes of social, educational and charitable group activities.
- COMMON OPEN SPACE
- An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
- COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
- A community residential facility licensed pursuant to P.L. 1997, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements and hospitals. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). The term "person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
- COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
- Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.
- A. Such a residence shall not be considered a health care facility, within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
- B. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
- C. As used in this chapter, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
- COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
- Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
- COMPLETE APPLICATION
- An application for development shall be complete for purposes
of commencing the applicable time period for action by the Land Use
Board when so certified by the Board or by its designee authorized
for that purpose in accordance with the applicable provisions specified
in § 19-800 of this chapter.[Amended 9-9-1998 by Ord. No. 98-09; 4-11-2012 by Ord. No. 2012-02]
- A. In the event the application is not certified to be complete by the Board or its authorized designee within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Land Use Board unless:
- B. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized designee shall grant or deny the request within the same forty-five-day time period.
- C. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she or she is entitled to approval of the application.
- D. The Land Use Board may subsequently require the correction of any information found to be in error and/or the submission of additional information not specified in this chapter and/or revisions to the documents accompanying the submitted application, each and all as are reasonably necessary for the Board to make an informed decision as to whether or not the requirements necessary for approval of the application have been met. However, the application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
- 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 specified in § 19-601 of this chapter, and upon the issuance of an authorization therefor by the Land Use Board.[Amended 4-11-2012 by Ord. No. 2012-02]
- CONSERVATION AREA
- An area of land set aside by easement or deed restriction for the purpose of preserving open space, critical areas, aquatic buffers and/or the natural, scenic, aesthetic or historic value of the land.
- CONSERVATION EASEMENT
- An easement for the purpose of preserving open space, aquatic buffers and/or the natural, scenic, aesthetic or historic value of land and precluding any building on the premises.
- CONSTRUCTION OFFICIAL
- An individual designated by the Township Committee of the Township of Blairstown and duly licensed by the New Jersey State Department of Community Affairs to serve as the Construction Official.
- CONVENTIONAL DEVELOPMENT
- Any development other than planned development.
- COVERAGE, BUILDING
- The aggregate square footage or other area measurement by which a building occupies a lot as measured in a horizontal plane around the periphery of the foundation, including the area under any roof extending more than two feet beyond the foundation.
- COVERAGE, LOT
- The aggregate square footage or other area measurement by which all sidewalks, driveways and parking areas, whether paved, graveled or unsurfaced, and all buildings and other structures cover a lot, as measured in a horizontal plane to the limits of the structure or improvement.
- CRITICAL AREAS
- Wetlands, one-hundred-year floodplain areas, and lands with a topographic slope 15% or greater within Blairstown Township.
- Calendar days.
- An appropriation or giving up of property to public use, which precludes the owner or others under him/her from asserting any right of ownership inconsistent with the use for which the property is dedicated.
- 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 any mining, excavation or landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.
- Any portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term "zone" shall have the same meaning as "district" or "zoning district" for the purposes of this chapter.
- The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff during and after construction or development in order to accomplish the following:
- A. Minimize erosion and sedimentation;
- B. Assure the adequacy of existing and proposed culverts and bridges;
- C. Induce water recharge into the ground where practical;
- D. Lessen nonpoint pollution;
- E. Maintain the integrity of stream channels for their biological functions as well as for drainage; and
- F. Provide the means necessary for water supply preservation and prevention or alleviation of flooding.
- DRAINAGE AND UTILITY RIGHT-OF-WAY
- The lands required for the installation and maintenance of stormwater drains and pipes, sanitary sewers, water supply pipes, drainage ditches and other utility infrastructure, or the lands required along a natural stream or watercourse in order to preserve the channel and provide for the overland flow of water to safeguard the public against flood damage.
- A means of ingress and egress for vehicles to and from a property.
- DWELLING UNIT
- A room or series of connected rooms designed for permanent residency and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. A dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or any other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
- (1) Has its own front and rear access to the outside;
- (2) Is not located over any portion of another unit;
- (3) Is separated from any other dwelling unit by one or more common fire-resistant walls; and
- (4) Is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination.
- A right, created by deed or other legal means, to use the real property of another for one or more specific purposes (e.g., access, drainage, conservation, utility services, etc.) for the benefit of private persons or for the benefit of the public.
- An addition to the floor area of any existing building, or an increase in the size of any existing structure, or an increase in that portion of a tract of land occupied by any existing use.
- The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- The word "family" shall mean the same as "housekeeping unit."
- FAMILY DAY-CARE HOME
- Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children at any one time for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
- A lot with at least five acres of land devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries and greenhouses, silva culture operations, dairies and livestock produce, except that commercial piggeries and commercial slaughtering are prohibited:
- A. A farm may have a single-family detached dwelling situated thereon, provided that the farm must then be at least six acres in size. Any single-family detached dwelling situated on a farm shall be subject to the requirements specified for detached dwelling units within the R-5 Single-Family Residential Zoning District, except that the minimum lot size requirement specified for the R-5 Zoning District shall not apply to detached dwellings situated on farms.[Amended 4-4-2001 by Ord. No. 2001-03]
- B. Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for the keeping of permitted poultry and livestock; and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use.
- FARM STAND
- An accessory building to a farm located on the farm property for the purpose of selling the products of the subject farm and which is open for business not more than nine months of every year. If goods or produce are offered for sale other than the products of the subject farm, not more than 50% of the areas of the farm stand or an area equivalent to the space within the farm stand used for the sale of the products from the subject farm, whichever is less, shall be used for the sale of such other goods or produce.
- FIRE OFFICIAL
- An individual designated by the Township of Blairstown and certified by the Commissioner of the New Jersey State Department of Community Affairs to serve as the Fire Official.
- FIRE SUBCODE OFFICIAL
- A qualified individual appointed by the Township of Blairstown to enforce the fire protection rules of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of the Township.
- The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater, including the following components:
- FLOOR AREA, GROSS (G.F.A.)
- The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, provided that any area used for interior parking spaces, loading spaces or any area where the floor-to-ceiling height is less than six feet shall not be included in the calculation of gross floor area (G.F.A.).
- FLOOR AREA, NET HABITABLE (N.H.F.A.)
- The gross floor area (G.F.A.) minus the area of stairwells, elevator shafts, mechanical equipment rooms, utility rooms and any basement or cellar area not to be used for human habitation and not accessible to the public. Where the final floor plan of a building is not available at the time of site plan review, the net habitable floor area shall be defined as the gross floor area minus 15%, provided that the proposed use of any basement and cellar areas shall be specified in writing by the applicant and included in the net habitable floor area number if such areas are not specifically restricted against human habitation and/or access to the public.
- FLOOR AREA RATIO (F.A.R.)
- The sum of the gross floor area (G.F.A.) on a site compared to the total area of the site.
- FRONT FACADE AREA
- The square footage of the total wall surface of the front of building below the roofline, including any windows or doors. The front of the building shall be where the main entrance is located.
- GARAGE, PRIVATE NONRESIDENTIAL
- An accessory building to a principal nonresidential building and use, which is used primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such nonresidential building and use, and which is not available to the general public.
- GARAGE, PRIVATE RESIDENTIAL
- An accessory building for the storage of motor vehicles regularly operated by occupants of the principal building and in which no occupation, business or service for profit is carried on, other than a home occupation as permitted in accordance with § 19-602 of this chapter. Said garages shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three vehicles.
- GARAGE, PUBLIC
- A building or portion thereof, other than a private nonresidential garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
- GARAGE, REPAIR
- Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
- GARDEN CENTER
- Land and/or greenhouses, which does not qualify as a farm stand as defined in this chapter and which may be associated with or be separate from a farm, where flowers, shrubs and/or other plants and related garden supplies are offered for retail sale to the public.
- GOLF COURSE
- A land area at least 100 acres in size containing a regulation sized eighteen-hole par-four play area, together with necessary and usual accessory uses and structures.
- GOVERNING BODY
- The Township Committee of the Township of Blairstown.
- The slope of a road, path, driveway, swale or other surface, or the average finished ground elevation adjoining a building at project completion.
- HISTORIC RESOURCE
- Any site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
- HOME OCCUPATION
- A business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified for home occupations in § 19-602 of this chapter. For purposes of this chapter, the term "home occupation also shall include family day-care homes but shall not include home offices, each as defined in this chapter.
- HOME OFFICE
- The use of a portion of a dwelling as an office area for use only by members of the household residing on the premises and subject to the following:
- A. The office area shall not occupy more than 500 square feet nor more than 12 1/2% of the gross floor area (G.F.A.) of the dwelling, whichever is less, specifically excluding the area of garages, basements and attics in the calculation of gross floor area;
- B. The office area shall not be a segregated portion of the house, but shall be an existing room or area within the dwelling unit which is integrated within the overall floor plan of the dwelling;
- C. The office area shall not contain any kitchen or bathroom facilities which are separate from the remainder of the dwelling unit;
- D. The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copying machines and other similar office equipment;
- E. No supplies or furnishings shall be permitted other than typical office supplies and furnishings;
- F. No evidence of the office area shall be shown to the outside of the dwelling unit; and
- G. No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit.
- HOMEOWNERS' ASSOCIATION
- An organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is 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 Township in accordance with N.J.S.A. 40:55D-43.
- HOTEL AND MOTEL
- A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.
- HOUSEHOLD ANIMALS
- Any animal which is typically kept as a pet that resides
within the residence and is customary to residential districts. This
shall also apply to licensed animals such as cats and dogs that may
also reside outside upon the residential property.[Added 12-12-2018 by Ord. No. 2018-28]
- HOUSEKEEPING UNIT
- One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
- IMPERVIOUS SURFACE
- As applied to all surfaces, that portion of the premises covered by buildings, principal and accessory, and other improvements such as driveways, parking lots, pools, tennis courts, patios, porches and walkways. All surfaced parking areas and driveways, all required parking areas which are permitted to remain unsurfaced, and all gravel driveways and gravel parking lots shall be considered an impervious surface for the purposes of this chapter.
- INTERESTED PARTY
- In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey or, 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 the provisions of this chapter, or whose rights to use, acquire, or enjoy property under the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or under the provisions of this chapter or under any other law of this state or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of the Municipal Land Use Law and/or this chapter.
- Any space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof, except and provided as follows:
- A. Agricultural machinery used by a farming operation on a farm may be stored outside on the subject farm if set back at least 50 feet from all street right-of-ways and all property lines; and
- B. Up to two unlicensed vehicles awaiting repair may be located on any lot within the Township of Blairstown for a time period not exceeding an aggregate of two months, provided that said vehicles are located within side or rear yard areas only.
- Includes improvements and fixtures on, above or below the surface.
- LAND DISTURBANCE
- Any activity involving the clearing, cutting, excavating, or grading of land or any other activity which alters land topography and/or vegetative cover.
- LIMITED MANUFACTURING
- Any activity involving the fabrication, reshaping, reworking, assembly or combining of products, parts and/or materials which:
- A. Does not involve the union of chemicals, compounds or elements to produce a new compound or substance on site for direct industrial sale;
- B. Does not involve the union of chemicals, compounds or elements on site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow.
- C. May involve the incidental application of chemicals, compounds or elements of chemical products during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, including, but not limited to, painting, gluing and cleaning;
- D. Stores and contains any and all products, parts and/or materials utilized during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials within completely enclosed buildings; and
- E. May involve the ancillary storage and warehousing of the items fabricated, reshaped, reworked, assembled or combined during the limited manufacturing activity.
- LOADING SPACE
- An off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. The word "lot" includes the words "plot" and "premises."
- LOT AREA
- The area contained within the lot lines of a lot and not including any portion of a street right-of-way.
- LOT, CORNER
- A lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yards to be designated at the time of application for a construction permit.
- LOT DEPTH
- The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.
- LOT FRONTAGE
- The continuous horizontal distance between the side lot lines measured along the street line. The minimum required lot frontage shall be the same as the minimum required lot width, except that where the lot frontage in its entirety is a curve with an outside radius of less than 500 feet, the minimum required frontage shall not be less than 75% of the required minimum lot width, unless a lesser frontage is permitted by this chapter. In the case of a corner lot, either street line may be considered the lot frontage, provided that it equals or exceeds the minimum frontage requirements of this chapter for the land in question.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINE
- Any line forming a portion of the exterior boundary of a lot which is the same line as the street line for that portion of a lot abutting a street.
- LOT WIDTH
- The straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line.
- MAINTENANCE GUARANTEE
- In accordance with the requirements of this chapter, any security which may be accepted by the Township of Blairstown for the maintenance of any improvements required by this chapter including, but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
- MANUFACTURED HOME
- A unit of housing, not including a travel trailer, a camper trailer or other recreational vehicle, which is transportable in one or more sections, which is built on a permanent chassis and which is designed to be used, when connected to utilities, as a dwelling unit on a permanent or nonpermanent foundation.
- A. In accordance with N.J.S.A. 40:55D-102a(4), a manufactured home must be manufactured in accordance with the standards promulgated for a manufactured home 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 or mobile home by the Commissioner of the Department of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
- B. For the purposes of this chapter, no manufactured home, mobile home other such movable dwelling unit shall be permitted within the Township of Blairstown except in accordance with N.J.S.A. 40:55D-104 of the Municipal Land Use Law.
- MEMBERSHIP SWIM CLUB
- A swimming pool and the apparatus and equipment pertaining thereto, operated on a membership basis without a daily admission charge.
- MINOR SUBDIVISION COMMITTEE
- In accordance with N.J.S.A. 40:55D-47a of the Municipal Land
Use Law, the Minor Subdivision Committee is established to review
and approve certain minor subdivision applications for development
on behalf of and in lieu of the Land Use Board. The Minor Subdivision
Committee shall consist of three members of the Land Use Board appointed
by the Land Use Board Chairman, who also shall designate a Chairman
and Secretary of the Minor Subdivision Committee. The Land Use Board
Chairman also may appoint additional persons to serve as advisers
to the Minor Subdivision Committee.[Amended 4-11-2012 by Ord. No. 2012-02]
- MUNICIPAL AGENCY
- The Blairstown Township Land Use Board or the Blairstown
Township Committee when acting pursuant to the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.).[Amended 4-11-2012 by Ord. No. 2012-02]
- NONCONFORMING BUILDING OR STRUCTURE
- A building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 LOT
- A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 this chapter, 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. Any animal which is typically found on a farm, ranch or at a stable. These animals include but are not limited to horses, ponies, cows, cattle, chickens, roosters, donkeys, mules, goats, sheep, swine, pigs, llamas, alpacas, emus, ostriches, ducks, turkeys, geese, guinea hens, pigeons, pheasants, quail, chukar, and other common fowl.
- B. Any animal, reptile or fowl which is not naturally tame or gentle but is generally of an exotic or wild nature or disposition and which, because of its size, potentially dangerous nature or other characteristics, may constitute a threat to public health and safety. Including, but not limited to:
- (1) Any member of the Felidae family. Examples: lions, tigers, jaguars, leopards, cougars, bobcats, lynx, ocelots, etc., or any hybrid of these species even if cross bred with domesticated cats. Commonly domesticated cats are exempt.
- (2) Any member of the Canidae family. Examples: wolves, foxes, coyotes, dingoes, jackals, etc., or any hybrid of these species if cross bred with domesticated dogs. Commonly recognized domesticated dogs are exempt.
- (3) All primates. Examples: monkeys, baboons, orangutans, apes, chimpanzees, gibbons, gorillas, etc.
- (4) All crocodilian species. All species and subspecies of alligators, crocodiles, caiman, etc.
- (5) Large lizards. Examples: Komodo dragons, all species and subspecies of monitor lizards, etc. Small lizards commonly recognized as pets are exempt. Examples: bearded dragons, newts, iguanas, geckos, etc.
- (6) All poisonous and/or venomous animals regardless of biological classification.
- (7) All species of animals commonly recognized as wildlife. Examples: deer, bears, skunks, raccoons, squirrels, opossum, groundhogs, bats, etc.
- (8) All species of farm animal or livestock as defined above.
- (9) Any animal, species or subspecies that is prohibited by state or federal law.
- (10) Any animal not specifically listed above, but which can be reasonably defined as nondomesticated animal under this chapter.
[Added 12-12-2018 by Ord. No. 2018-28]
- Any offensive, annoying, unpleasant or obnoxious thing or practice which unreasonably interferes with the enjoyment and use of property.
- A type of farm where land and/or greenhouses are used to raise flowers, shrubs and/or other plants for wholesale to landscape contractors and to garden supply retailers.
- OFF SITE
- Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of the street or right-of-way.
- OFF TRACT
- Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
- ON SITE
- Located on the lot in question.
- ON TRACT
- 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 land area or water, essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets, off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- OPEN SPACE ORGANIZATION
- An incorporated, nonprofit organization, often times called a "homeowners' association," which operates under a recorded land agreement and provides that:
- A. Each owner is automatically a member;
- B. 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 organization by the Township of Blairstown; and,
- C. Each owner and tenant has the right to use the common property.
- An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
- PARKING SPACE
- Any area for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, either within a structure or in the open, in accordance with the following:
- A. Each nonhandicapped space shall not be less than nine feet wide by 18 feet in length;
- B. Each handicapped space shall not be less than eight feet wide by 18 feet in length and shall have an adjacent pedestrian access aisle at least five feet wide, provided that if a different requirement for a handicapped space has been adopted by the state, then the most current requirement shall be met; and
- C. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
- PERFORMANCE GUARANTEE
- In accordance with the requirements of this chapter, any security which may be accepted by the Township of Blairstown in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including, but not limited to, surety bonds, letters of credit under the circumstances specified in the Municipal Land Use Law at N.J.S.A. 40:55D-53.5, and cash.
- PERMITTED USE
- Any use of land or buildings as permitted by this chapter.
- PLANNED DEVELOPMENT
- An area to be developed as a single entity according to a plan in accordance with the applicable requirements of this chapter and which includes common or public open space area as an appurtenance; i.e., a development in which the permitted buildings are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development.
- PRINCIPAL BUILDING, STRUCTURE OR USE
- A building, structure or use which is the main or primary building, structure or use on the lot.
- PRIVATE STREET
- A street that is not publicly maintained or not intended to be publicly maintained.
- PROFESSIONAL OFFICE
- The office of a physician, surgeon, dentist, architect, lawyer, land use planner, engineer, real estate broker, insurance broker or similar profession.
- PUBLIC PURPOSE USES
- The use of land or buildings by the Township of Blairstown or any officially created authority or agency thereof.
- RESIDENTIAL AGRICULTURE
- The growing and harvesting of plant life and the keeping of nonhousehold animals for the enjoyment of the residents on the property and not for commercial purposes, provided the following:
- RESIDENTIAL TOOL SHED
- A building, accessory to a detached dwelling unit, which is utilized for the storage of tools, lawn and garden equipment and furniture and similar items of personal property owned by the occupants of the detached dwelling unit.
- Any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building, providing that a drive-through window shall be considered as an accessory use to the restaurant requiring conditional use approval by the Township where permitted and in accordance with the applicable provisions of this chapter. However, a snack bar or refreshment stand at a public swimming pool, golf course, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of the patrons of the facility, shall not be deemed a restaurant.
- 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 streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
- SELF-STORAGE FACILITY
- A building or group of buildings containing separate, individual
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.[Added 10-19-2005 by Ord. No. 2005-16]
- SERVICE STATION
- Lands and buildings providing for the sale of automotive fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable, wrecked or unregistered vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.
- The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
- SETBACK LINE
- A line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or proposed street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or proposed street line or lot line.
- SHOPPING CENTER
- A group of commercial establishments which are planned, constructed and managed as a total entity in accordance with a common architectural theme and which are provided on-site customer and employee parking and the location for the delivery of goods separated from customer access.
- SIGHT TRIANGLE EASEMENT AT INTERSECTION
- A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street center line except for street signs, fire hydrants and light standards.
- And object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct of attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters figures, design, symbols, fixtures, colors, illumination or projected images.
- SITE PLAN
- A development plan of one or more lots which shows:
- A. The existing and proposed conditions of the lot including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
- B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and
- C. 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.
- (a) Is limited to the proposed construction of any permitted accessory use which is not exempted from site plan review in § 19-802B of this chapter.
- (b) Consists of an expansion of, or addition to, an existing structure and/or use which is not exempted from site plan review in § 19-800B of this chapter and which expansion or addition:
-  Does not account for more than 10% additional building coverage nor 10% additional lot coverage;
-  Does not exceed more than 4,000 cubic feet of enclosed and roofed area;
-  Does not involve a planned development; and
-  Does not entail the installation of any road improvements or the expansion of public facilities or the installation of utilities other than normal services.
- That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter:
- A. The interior of a roof shall not be considered a ceiling;
- B. Cellars and basements ordinarily shall not be considered stories when considering the height of a building except, however, that a finished basement and/or cellar in nonresidential buildings shall be considered a story for the purposes of the height, floor area and parking requirements of this chapter unless used solely for ancillary storage; and
- C. A half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.
- Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:
- A. Is an existing state, county or Blairstown Township roadway; or
- B. Is shown on a plat heretofore approved pursuant to law; or
- C. Is approved by Blairstown Township in accordance with the provisions of this chapter; or
- D. Is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats; and[Amended 4-11-2012 by Ord. No. 2012-02]
- E. Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line. Moreover, for the purposes of the street design and paving requirements of this chapter, all private roads shall be considered streets.
- STREET LINE
- The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way in accordance with the currently adopted Traffic Circulation Plan Element portion of the Blairstown Township Master Plan and the applicable design requirements of this chapter. The street line is the dividing line between the street and a lot.
- 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, including such things as buildings, fences, poles, signs, towers, tanks, decks, paved or concrete driveways, parking lots and patios, swimming pools and tennis courts, but specifically excluding on-site wastewater treatment and disposal systems.
- The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" also shall include the term "resubdivision." However, the following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- A. Divisions of land found by the Land Use Board to be for agricultural purposes when all resulting parcels are five acres or larger in size;[Amended 4-11-2012 by Ord. No. 2012-02]
- B. Divisions of property by testamentary or intestate provisions, provided the division is in conformity with the applicable requirements of this chapter;
- C. Divisions of property upon court order including, but not limited to, judgments of foreclosure;
- D. Consolidation of existing lots by deed or other recorded instrument; and
- E. 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 all requirements of the Township of Blairstown land development regulations and which are shown and designated as separate lots, tracts or parcels on the Tax Maps of the Township of Blairstown.
- (a) Does not involve any new street or access easement or the installation of any street improvements or the extension of Township facilities, except as may be required along the street frontage of the subject property;
- (b) Does not involve any streets requiring additional right-of-way width as specified in the currently adopted Traffic Circulation Plan Element portion of the Blairstown Township Master Plan and/or the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, is deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision;
- (c) Does not involve any required off-tract improvements (although off-site improvements may be required as determined during the review of the submitted application);
- (d) Does not involve a planned development;
- (e) Is not in conflict within any provisions or portions of the Township Master Plan;
- (f) Is not deficient in those details and specifications required of minor subdivisions as specified in this chapter;
- (g) Is not a further division of a tract of land for which previous minor subdivision approval has been granted by the Township of Blairstown during the prior two-year period from the date of the current application and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; and
- (h) Does not adversely affect the future development of the remainder of the parcel of land being subdivided or any adjoining property in accordance with the following:
-  If the proposed subdivision is deemed by the Land Use Board (or its Minor Subdivision Committee, when applicable) to potentially adversely affect the future development of the remainder of the parcel or any adjoining property, the reviewing authority may require that the applicant submit a nonbinding conceptual subdivision plat for the remainder of the parcel in accordance with sound planning principals and the applicable zoning and design standards of this chapter, and/or the reviewing authority may determine that the proposed subdivision should more appropriately be classified as a major subdivision because of the potential adverse affects; and[Amended 4-11-2012 by Ord. No. 2012-02]
-  In its evaluation as to whether the granting of the proposed subdivision may adversely affect the future development of the remainder of the parcel or adjoining property, the reviewing authority shall evaluate each subdivision on its individual merits and shall consider the following:
- [a] The size of the remainder of the parcel;
- [b] The shape of the remainder of the parcel;
- [c] The orientation of the remainder of the parcel to adjacent lands;
- [d] The amount of linear frontage of the remainder of the parcel on existing streets;
- [e] The appropriate location(s) along the street frontage of the remainder of the parcel for vehicular access; and
- [f] The amount and locations of environmentally sensitive areas on the remainder of the parcel.
- SWIMMING POOL
- A water-filled enclosure, above and/or below the ground, having a depth of more than 24 inches and designed, used and maintained for swimming and bathing.
- A. The term "swimming pool" includes hot tubs and whirlpools and other similar water-filled enclosures;
- B. The term "swimming pool" includes all ordinary appurtenances such as buildings, structures and equipment; and
- C. Any portable pool that is not permanently installed and meets all of the following criteria is not considered a swimming pool and is not subject to the provisions of this chapter:
- The Township of Blairstown, Warren County, New Jersey.
- An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.
- TRAILERS OR CAMPERS
- Recreational equipment and vehicles in the following categories, limited in each case to not more than 30 feet in length and eight feet in width:
- The purpose or activity for which land or structures are arranged or designed, or the purpose or activity for which either land or structures are, or may be, used, occupied or maintained. The term "permitted use" does not include the term "nonconforming use."
- Permission granted to an applicant for development by the
Land Use Board to depart from the literal requirements of the zoning
provisions of this chapter.[Amended 4-11-2012 by Ord. No. 2012-02]
- An open space that lies between the principal or accessory building or buildings and the nearest lot line.
- ZONING MAP
- The map referred to in § 19-303 of this chapter which shows the boundaries of the zoning districts and the areas designated for the optional development alternatives.
- ZONING OFFICER
- The person or persons designated by the Blairstown Township Committee to administer and enforce the zoning provisions of this chapter and issue zoning permits.
- ZONING PERMIT
- A document signed by the Zoning Officer which:
- A. May be required by this chapter 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
- B. Acknowledges that the use, structure or building complies with the provisions of this chapter or with the provisions of a variance as may have been granted by the Land Use Board.[Amended 4-11-2012 by Ord. No. 2012-02]
Editor's Note: Repealed by L. 1987, c. 116. See now N.J.S.A. 30:4-27.2.