It is the purpose of this chapter to provide rules, regulations and standards that will contribute to the orderly growth and development of the Borough of Newfield; to set forth a clear statement of development application requirements in good civic design and arrangement; to improve the efficiency and safety of circulation systems within and outside individual developments; to encourage positive application to high standards of design and construction; to contribute to the overall quality of the environment and to further the goals and objectives of the Borough's Master Plan and the purposes of the Borough's Zoning Ordinance set forth in § 295-2 of Chapter 295, Zoning.
A.
For the purpose of this chapter, the terms and words
used in this section shall have the meaning herein defined. Words
not herein defined shall have the meaning given in the Webster's Unabridged
Dictionary. Words in the singular number include the plural numbers
and vice versa. The words "used" and "occupied" shall be considered
to include the words "or intended, arranged or designed to be used
or occupied or offered for occupancy." The term "such as" shall be
considered as introducing a typical or illustrative designation of
items and shall not be interpreted as constituting a complete list.
B.
As used throughout this chapter, all words defined in the definitions section of the Municipal Land Use Law (N.J.S.A. 40:55D-3 through 40:55D-7) shall be used as defined in said law. All words defined in Chapter 157, Land Use Procedures, of the Code of the Borough of Newfield shall bear the definitions set forth in said chapter.
C.
ACCESSORY USE OR BUILDING
ADVERSE EFFECT
AGRICULTURAL USE
ALTERATIONS OR ADDITIONS, STRUCTURAL
APARTMENT
APPROVING AUTHORITY
AUTOMOBILE SERVICE STATION
BASEMENT
BILLBOARD
BUILDING HEIGHT
BUILDING LENGTH
BUILDING LINE
BULK
COVERAGE
DWELLING
(1)
(2)
FARMING
FENCE
FLOOR AREA, GROSS
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GARDEN APARTMENT
GOVERNING BODY
HABITABLE FLOOR AREA
HEIGHT OF BUILDING
(1)
(2)
(3)
HOME OCCUPATION
HOUSE, MULTIFAMILY BY CONVERSION
JUNKYARD
LOADING SPACE
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE
LOT WIDTH
MINOR SUBDIVISION
MOBILE HOME
MOTEL
MUNICIPAL LAND USE LAW
OFF-SITE AND OFF-TRACT IMPROVEMENTS
ON-SITE SIGN
PARKING LOT
PARKING SPACE, OFF-STREET
PRINCIPAL USE
RIGHT-OF-WAY
SETBACK LINE
SHOPPING CENTER
SIGHT TRIANGLE
SIGHT TRIANGLE EASEMENT
SIGN
SITE PLAN, MAJOR
SITE PLAN, MINOR
STORY
STREET LINE
STRUCTURE
SWIMMING POOL
TOWNHOUSE
TRACT
TRAVEL TRAILER
UTILITY
WAREHOUSING
YARD
(1)
(2)
(3)
ZONING OFFICER
As used in this chapter, the following words and phrases
are defined as follows:
A subordinate use or building the purpose of which is incidental
to that of a main use or building on the same lot. Industrial and
commercial "accessory buildings" shall be located to comply with all
required setbacks for principal buildings around the periphery of
the lot.
Development designs, situations or existing features on a
developer's property or any nearby property, creating, imposing, aggravating
or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions, such as a layout inconsistent with the zoning regulations;
inconvenient street systems; inadequate utilities such as water, drainage
and sewerage; unsuitable size; shape and location for any area reserved
for public use or land for open space in a planned development; infringement
and the creation of conditions leading to soil erosion from wind or
water from excavation or grading, all as set forth in N.J.S.A. 40:44D-38
and measured against the design and performance standards of this
chapter.
Land which is devoted to the production for sale of plants
and animals, including but not limited to forages and sod crops, grain
and feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats, including the breeding and raising of any
or all such animals; bees and apiary products; fur animals; trees
and forest products; or land devoted to and meeting the requirements
and qualifications for payments or other compensation pursuant to
a soil conservation program under an agreement with an agency of the
federal government.
Any change in supporting members of the building, or additions
to a structure requiring walls, foundations, columns, beams, girders,
posts or piers or the moving of a structure.
A dwelling unit in a building having two or more dwelling
units where entranceways, hallways, basements, attics, heating systems,
plumbing and similar services in the building are shared in common,
singularly or in combination.
The Planning Board, unless a different agency is designated
in the text of the chapter when acting pursuant to the authority of
the Municipal Land Use Law.
Any premises used for the retail sale of gasoline, oil or
other products necessary for the maintenance and operation of motor
vehicles and for servicing and minor repairs thereof, but where no
vehicular painting and/or bodywork is done and where no junked or
unregistered vehicles are kept or stored.
A room shall be considered a basement room when the ceiling
of the space is less than four feet above the average finished grade
line along those perimeter walls which abut the structure exterior.
When a space has a ceiling height of more than four feet above this
average grade line and more than six feet six inches above the floor
level, it shall be considered a story.
Off-premises lettered or pictorial advertising.
See "height of building."
The horizontal measurement of any continuous building wall.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which such lot is located.
The cubage of a building as measured using outside dimensions.
That percentage of the lot area covered by the aggregate
of all buildings, including accessory building, and paved surfaces.
SINGLE-FAMILY RESIDENCEA building on a lot designated and occupied exclusively as a residence for one family.
TWO-FAMILY RESIDENCEA building on a lot designated and occupied exclusively as a residence for two families living independently of each other.
See "agricultural use."
Any structure or partition erected for the purpose of enclosing
or separating a piece of land or to divide a piece of land into two
distinct portions or to separate two contiguous lots.
The total area of all the stories of all the structures on
a lot, measured from the outside faces of the exterior walls or from
the exterior roof edges where a structure has no walls, and including
the following although not by way of limitation: interior balconies
and mezzanines, roofed areas such as porches and carports, basement
space, except that which has no windows or exterior walls.
A building used for the off-street storage of motor vehicles,
the provision of incidental gasoline service, the sale of accessories
and the repair of motor vehicles, excluding body work.
An accessory building incidental to a house, as defined herein,
which accessory building is intended for the off-street storage of
motor vehicles belonging to the inhabitants of said house, but in
which garage no business, service or occupation is conducted or rendered
for profit. The rental of storage space for more than two cars not
owned by persons residing in the house is considered a business for
profit.
A building containing three or more apartments, such building
having a maximum height of two stories.
The Mayor and Borough Council of the Borough of Newfield.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot; except
that in residential buildings, cellar, basement, garage and attic
floor area shall be excluded. Said area shall include roofed porches
and roofed terraces or enclosed breezeways when usable the year-around
for living purposes; all dimensions shall be measured between exterior
faces of walls. In determining a one-story, one-and-one-half-story
building, every floor area capable of being devoted to living use
on a different level is to be considered a separate story.
The greatest vertical distance between the average level
of finished grade along all the exterior walls of a building and each
of the following:
The highest ridge of the roof in the case of
a pitched roof.
The highest parapet or cornice level in the
case of a flat roof.
The highest point of any structure which rises
wholly or partly above the roofline and whose area, together with
the area of all other such structures, exceeds 10% of the ground floor
area of the building which supports it.
An occupation being conducted wholly or in part from a residence
or its residential lot as an accessory use. Such occupation shall
be conducted solely by resident occupants of the residential building,
except that no more than two persons not residents of the building
may be employed, and provided also that no more than 900 square feet
or the equivalent of the first-floor area of the building, whichever
is smaller, shall be used for such purposes; that the minimum area
for the residence shall remain at least as large as that required
for residences; that no display of products shall be visible from
the street; that the residential character of the building shall not
be changed; that no signs shall be displayed exceeding a maximum of
two square feet on each of two sides, and said signs shall be placed
either inside or, when placed outside, flat against the surface of
the building as part of the mailbox; that the occupation shall be
conducted entirely within either the dwelling or accessory building,
but not both; that no occupational sound shall be audible outside
the building; that no machinery or equipment shall be used which will
cause interference with radio and television reception in the neighboring
residences; and that the use does not reduce the parking or yard requirements
of the principal residential use.
A single-family house that has been converted lawfully by
alteration so as to contain more than one dwelling unit.
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
that half of any lot that joins a public thoroughfare, for the storage,
keeping, processing or abandonment of automobiles, other vehicles,
machinery or parts thereof.
An off-street berth within a structure or in the open, but
on the same lot with a building or a group of buildings, for the temporary
parking of a vehicle while loading or unloading.
The area contained within the lot lines but not including
any portion of a street. The minimum lot area of a lot fronting on
a street proposed to be widened in the adopted Master Plan shall be
the minimum area needed to anticipate the ultimate widening of the
street.
A lot having at least two adjacent sides fronting on the
intersecting roads.
The area of a lot improved and covered by principal and accessory
buildings, parking areas, driveways, walkways, swimming pools, decks,
patios, and all other impervious surfaces.
[Added 8-12-2008 by Ord. No. 2008-4]
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
The horizontal distance between the side lot lines measured
along the street line. The minimum lot frontage shall be the same
as the lot width, except that on curved alignments with an outside
radius of less than 500 feet, the minimum distance between the side
lot lines measured at the street line shall not be less than 75% of
the required minimum lot width. In the case of a corner lot, either
side may be considered the lot frontage, provided that the minimum
frontage requirement is met for the zone in which the lot is located.
Any line forming a portion of the exterior boundary of a
lot and is the same line as the street line for that portion of a
lot abutting a street. Lot lines extend vertically in both directions
from ground level.
The distance between side lot lines measured at the minimum
required building setback from the street line.
A subdivision of land that does not involve the creation
of more than three lots, inclusive of a single reserved parcel, and
which meets all of the other definitions of "minor subdivision" as
set forth under the Municipal Land Use Act, P.L. 1975, c. 291, as
heretofore or hereafter amended (N.J.S.A. 40:55D-1 et seq.). Each
applicant for "minor subdivision" shall state whether any prior subdivisions
have been made affecting the lot or lots in question within a five-year
period prior to the application. In determining whether more than
three lots are created, all lots created from the original tract of
which the subject lot was formed within that five-year period shall
be included, together with any new lots proposed by the application.[1]
A dwelling unit manufactured in one or more sections designed
for long-term occupancy, containing living and sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems, and designed to be transported on its own wheels after fabrication
or on flatbed or on other trailers, arriving at the site where it
is to be occupied as a complete dwelling, usually including major
appliances and furniture, and ready for occupancy except for minor
and incidental unpacking and assembly operations. For the purpose
of this chapter, travel trailers and campers are not considered mobile
homes.
A series of rental units with individual entrances from the
building to each unit, operated as a single business for the purpose
of providing lodging to transient guests. An office and single dwelling
unit may be provided in conjunction with the operation of a motel.
Chapter 291, Laws of New Jersey of 1975 (N.J.S.A. 40:55D-1 et seq.), as heretofore amended or as the same may be hereafter amended.
Improvements made outside the lot in question or the original
tract, respectively, to accommodate conditions generated inside the
original tract as the result of the proposed development, which shall
include but not be limited to installation of new improvements and
extensions and modification of existing improvements.
A sign placed on a lot that displays information related
to the user(s) of the site.
An area which contains two or more off-street parking spaces.
An area not less than 10 feet by 20 feet which is accessible
from a street but not located on a street and which is both suitable
and intended for the parking of passenger motor vehicles.
The main purpose for which any lot and/or building is used.
The total width and length of the course of a street, watercourse,
utility alignment or other way and within which all improvements and
rights of access are confined, but in any event including all of that
portion actually used by the public or which has been dedicated for
public use.
A line drawn parallel to a street line or lot line and drawn
to the point of the building foundation nearest to the street line
or lot line. The minimum yard requirements shall be the minimum required
setbacks. All setbacks from public streets shall be measured from
the right-of-way width as shown on the Tax Maps.
One or more buildings or parts thereof designed as a unit
to be occupied by one or more business enterprises for the conduct
of business and conducted as an integrated and cohesively planned
area development.
A triangular area abutting two intersecting streets where
vision is unobstructed, which area is formed by the intersecting street
side lines and a line connecting a point on each side line at a set
distance from the intersection.
Grant(s) to the county or municipality sufficient to fulfill
the intent and purpose of the easement as provided for in the Borough's
provisions for site plan review.
Any announcement, declaration, display, illustration or insignia
placed in a position to be seen by the general public from any street
or public way.
All site plans not defined as minor exempt.
A site plan for a development not involving structural or
exterior changes and requiring less than 10 parking spaces as required
in this chapter, containing less than 2,500 square feet of floor area
and not having more than 50% of lot coverage.
That portion of a building comprised between a floor and
the floor next above it. A half story is at the top of the building,
the area of which is less than the area of the story below it and
the height of which shall not be less than seven and 7.5 feet above
at least 1/3 of the area of the floor when the room is used for sleeping,
study or similar activity.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way as shown on an adopted Master
Plan or Official Map or as required by this chapter, forming the dividing
line between the street and the lot.
Includes fences and garden walls more than seven feet in
height, tanks, towers, advertising devices, tents, lunch wagons, trailers,
dining cars, camp cars or similar structures on wheels or other supports,
used for business or residential purposes. This includes any area
equipped with a roof, whether permanent or temporary, such as porches,
awning, canopies, summerhouses, arbors, balconies and similar elements,
fences and signs, but does not include unroofed surfaces prepared
for sports. The word "structure" shall apply to service utilities
entirely below the ground.
Facilities constructed above or below the ground having a
depth of more than two feet and/or a water surface of 100 square feet
or more and designed and maintained for swimming purposes. "Swimming
pool" shall include all buildings, structures, equipment and appurtenances
thereto.
One dwelling unit in a line of three or more connected dwelling
units, each dwelling unit having at least one separate entrance from
the street.
An area of land comprised of one or more lots having sufficient
dimensions and area to meet the requirements of this chapter for the
use(s) intended. The land area of the existing streets shall not be
included in calculating the area of the tract.
A portable vehicular structure built on a chassis designed
to be towed by another vehicle and as a temporary dwelling for travel,
recreation, vacation and other short-term use, which structure may
contain cooking, sleeping, sanitary and general living facilities.
Services provided to a use, including but not limited to
sewage treatment, water supply, gas, electric, telephone and cable
television.
Any building, premises or land in which or upon which the
principal business operation or industry involves the storage of goods
and materials.
An open space extending between the closest point of any
building and a lot line or street line. In an apartment or townhouse
complex, "yard" shall also be the open space extending between structures.
All yard dimensions shall be measured horizontally and at right angles
to either a straight street line, lot line or building facade or perpendicular
to the point of tangent of curved lines and facades.
FRONT YARDAn open area extending across the full width of a lot between the street line and the building, and for apartments and townhouses constructed on the interior of a lot, the front yard shall be measured the designated distance away from the front of the building.
REAR YARDAn open area extending across the full width of the lot between the rear lot line and the building, and for apartments and townhouses constructed on the interior of a lot, the rear yard shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building.
SIDE YARDAn open area extending from the front yard to the rear yard and lying between each side lot line and the closest point of a building. The side yard for apartments and townhouses constructed on the interior of a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building. A minimum distance between structures in an apartment or townhouse complex shall be the sum of the two yards, and in no event shall two structures be closer to one another than the sum of both side yards.
The Construction Official of the Borough.
