The short title by which this chapter shall be known shall be
"The Land Development Ordinance of the Borough of Metuchen."
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote the following:
A.
The public health, safety, general welfare and morals.
B.
The purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-2).
C.
The substantive goals, objectives, recommendations and policies of
the Borough's Master Plan, including the Land Use Plan Element (adopted
March, 1983), the Housing Plan Element (adopted March, 1983) and the
Periodic Reexamination Report (adopted August, 1988).
For the purposes of this chapter, certain phrases and words
are herein defined as follows:
A.
Words used in the present tense include the future.
B.
Words in the singular number shall include the plural number and
vice versa.
C.
The word "used" shall include the words "arranged," "designed," "constructed,"
"altered," "converted," "developed," "rented," "leased," "occupied,"
"operated" or "intended to be used."
D.
The word "lot" shall include the words "site," "tract," "land," "property,"
"plot" and "premises."
E.
The word "structure" includes the word "building," and the word "building"
includes the words "dwelling," "residence" or "business."
F.
The word "shall" is mandatory and not discretionary, and the word
"may" indicates a permissive action.
G.
Any word or term not defined herein shall be used with a meaning
as defined in Webster's Third New International Dictionary of the
English Language, unabridged (or latest edition). Moreover, whenever
a term is used in this chapter which is defined in N.J.S.A. 40:55D-1,
et seq., such term shall have the meaning in the statute, except to
the extent expressly inconsistent with the terms herein.
Unless otherwise specified herein, the following definitions
shall be used for terms within this chapter:
A separate and subordinate building on the same lot with
a principal use, building or structure, and devoted exclusively to
an accessory use, whether or not said accessory building has a foundation.
Where an accessory building is attached to a principal structure by
any means, such accessory building shall be considered part of the
principal structure for the purposes of determining height and setback
requirements.
[Amended 9-15-1997 by Ord. No. 97-20]
A separate and subordinate structure located on the same
lot as a principal use, building or structure and devoted exclusively
to an accessory use, whether or not said accessory structure has a
foundation. Where an accessory structure is attached to a principal
structure by any means, such accessory structure shall be considered
part of the principal structure for the purposes of determining height
and setback requirements.
[Amended 9-15-1997 by Ord. No. 97-20]
A use naturally and normally incidental and subordinate to
the principal use of a structure or lot and located on the same lot
as the principal use to which it relates.[1]
The Zoning Officer of the Borough of Metuchen.[2]
An establishment consisting of, including or having characteristics
of any or all of the following:
[Added 9-15-1997 by Ord.
No. 97-20]
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT CABARET:
An establishment devoted to adult entertainment, either with
or without a liquor license, presenting material distinguished or
characterized by an emphasis on matter depicting, describing or relating
to sexual activities or anatomical genital areas.
A cabaret that features topless dancers, go-go dancers, strippers,
male or female impersonators or similar entertainers for observation
by patrons.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for fewer than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT GIFT ESTABLISHMENTAn establishment having as a substantial or significant portion of its stock-in-trade gifts, toys and other devices that are distinguished or characterized by their emphasis on depicting, describing, relating to or assisting with the stimulation of sexual activities or anatomical genital areas.
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or off-tract property, such as but not limited
to improper circulation and drainage as defined in N.J.S.A. 40:55D-1,
et seq., as amended, inadequate drainage facilities, insufficient
street widths, unsuitable street locations to accommodate prospective
traffic or to compose a convenient circulation system, lots located
in a manner not adaptable for their intended purposes without danger
to health or peril from flood, fire, erosion noise or other menace,
or insufficient allowance for access to interior portions of remaining
lands or other facilities required by this chapter.
Multiple single-family housing, including townhouses and
apartments, which are restricted to persons 62 years of age or older,
or, in the case of a spouse 55 years of age or older provided the
other spouse is 62 years of age, and who qualify as a low- or moderate-income
household as defined by regulations of the New Jersey Council on Affordable
Housing.
[Added 11-21-2005 by Ord.
No. 2005-23]
The cultivation of the soil and the raising and harvesting
of products of the soil, including but not limited to nursery, horticulture
and forestry, whether for profit, private or personal use.
A second thoroughfare less than 30 feet in width dedicated
for the public use of vehicles and/or pedestrians and which may afford
access to abutting property.
Any change, addition or modification in the construction,
appearance or arrangement of a building or site.
Less than completely or opaquely covered human genitals,
pubic region, buttocks or female breasts below a point immediately
above the top of the areola. Human male genitals in a discernibly
rigid state, even if completely or opaquely covered.
[Amended 9-15-1997 by Ord. No. 97-20]
An apparatus for sending and receiving radio or wireless
communications signals.
[Amended 6-16-1997 by Ord. No. 97-8]
A dwelling unit located in a building used solely for residential
purposes containing a total of three or more other dwelling units
or one or more dwelling units located in a building containing another
principal use or uses.
[Amended 9-15-1997 by Ord. No. 97-20]
A means for obtaining review of a decision, determination,
order or failure to act as defined by this chapter.
The property owner or purchaser under contract, tenant occupant
or any other person, partnership, corporation or public agency authorized
to act in submitting an application for development under this chapter.
The application form, required fees and all accompanying
plans and documents required by this chapter for the approval of a
subdivision, site plan, planned unit development, conditional use,
zoning variance or direction of the issuance of a zoning permit application.
The Planning Board or Zoning Board of Adjustment of the Borough
of Metuchen, as the case may be.
An establishment or business which provides the service of
applying paint or other substance, whether transparent or nontransparent,
to or on the human body when such body is fully or partially nude.
A property survey prepared and certified by a licensed land
surveyor to reflect the actual location of structures and other improvements
constructed on a property.
Housing designed to provide a supportive living environment
for semi-independent or infirm older adults, including congregate
care and assisted-living facilities for which a certificate of need
as an assisted-living residence has been obtained. Such facilities
offer rental of private or semiprivate rooms and services, including
meals, personal care, monitoring of medication or supervision of self-administration
of medication, housekeeping, social and recreation activities, financial
services, transportation and twenty-four-hour site supervision. Assisted-living
facilities are licensed and inspected by the New Jersey Department
of Community Affairs as a Class C boarding home or are licensed and
inspected by the New Jersey Department of Health as an assisted-living
residence.
[Added 2-22-1999 by Ord.
No. 99-2]
The space between the ceiling beams of the top story and
the roof rafters.
A room, building or open air space regularly or periodically
devoted to the sale of goods to the highest bidder.
Any building, structure, place or location used for the display
and/or sale of new or used motor vehicles of any type.
[Amended 9-15-1997 by Ord. No. 97-20][3]
Any building, structure, place or location used for the inspection,
examination, service and repair of motor vehicles and the installation
of oil, grease, tires, batteries and similar motor vehicle accessories.
No establishment that dispenses and supplies motor vehicles with gasoline
and other fuels shall be deemed an automobile repair establishment
(see "automotive service station"). No establishment maintained exclusively
for the sale of motor vehicle accessories shall be deemed an automobile
repair establishment.
[Added 9-15-1997 by Ord.
No. 97-20]
Any building, structure, place or location used for the dispensing
and supply of motor vehicles with gasoline and other fuels and including
the inspection, examination, service and repair of motor vehicles
and the installation of oil, grease, tires, batteries and similar
motor vehicle accessories. An automobile service station shall include
any place where fuel pumps, containers or cans are maintained for
the purpose of selling motor vehicle fuel. No store maintained exclusively
for the sale of motor vehicle accessories shall be deemed an automobile
service station.
[Added 9-15-1997 by Ord.
No. 97-20]
Any building, structure, place or location used for the washing
and cleaning of motor vehicles. No establishment that dispenses and
supplies motor vehicles with gasoline and other fuels shall be deemed
an automobile washing establishment (see "automotive service station"),
and no establishment used for the inspection, examination, service
and repair of motor vehicles and the installation of oil, grease,
tires, batteries and similar motor vehicle accessories shall be deemed
an automobile washing establishment (see "automotive repair establishments").
[Added 9-15-1997 by Ord.
No. 97-20]
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also known as the one-hundred-year flood.
A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet. A basement shall not be considered a story for the purposes of determining building height, pursuant to § 110-64.
[Amended 9-15-1997 by Ord. No. 97-20]
A room planned or used primarily for sleeping.
A graded, landscaped mounding of earth.
The area bounded by one or more public streets or a municipal
boundary and of sufficient size to accommodate a lot or lots of the
minimum size required in this chapter.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Metuchen, depending on which Board has jurisdiction.
[Amended 9-15-1997 by Ord. No. 97-20]
A building arranged or used for lodging, with or without
meals, for compensation, by more than two rooms that are rented or
designed to be rented but which rooms do not constitute separate dwelling
units.
See "guaranty."
The Borough of Metuchen, Middlesex County, New Jersey.
The Administrator of the Borough of Metuchen.
The governing body of the Borough of Metuchen.
The Municipal Engineer of the Borough of Metuchen as designated
by the Borough Council.
The professional planner of the Borough of Metuchen.
A strip of land of specified width containing natural woodlands,
earth berms, planted screening material, fences or walls, other screening
devices or some combination of the above.
A planted area devoted primarily to trees and/or shrubbery
or other vegetation planted in a formal or informal manner to provide
a basis for suitably screening or separating two areas within or between
lots.
Any combination of materials forming a single structure which
is erected on the ground and permanently affixed thereto, designed,
intended or arranged for the housing, shelter or enclosure of persons,
animals or property of any kind. A building divided by unpierced masonry
division walls extending from the ground to or through the underside
of the roof shall be deemed a single structure for the purposes of
this chapter. (See "structure.")
The area included within surrounding exterior walls, exclusive
of vent shafts and courts. Areas of the building not included within
surrounding walls shall be included in the building area if included
within the horizontal projection of the roof or floor above.
An area, generally described by building setback lines, depicting
the area within which the building(s) can be constructed.
The horizontal area contained within the outer dimensions
of the foundation walls of a building.
See "height of structure."
The Construction Code Official of the Borough of Metuchen.
A line drawn parallel to the street or lot line in such a
manner that the minimum front, rear and side yards are provided for.
A building which is the principal structure on a lot. (See
"principal structure.")
The diameter of a tree trunk measured at 54 inches above
grade.
[Added 9-3-2013 by Ord.
No. 2013-12]
See "recreational vehicle."
[Added 9-15-1997 by Ord.
No. 97-20]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this State, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
[Added 10-24-2022 by Ord.
No. 2022-19]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 10-24-2022 by Ord.
No. 2022-19]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 Cannabis Distributor
license.
[Added 10-24-2022 by Ord.
No. 2022-19]
A cannabis cultivator, a cannabis distributor, a cannabis
manufacturer, a cannabis wholesaler, a cannabis retailer, or a cannabis
delivery service.
[Added 10-24-2022 by Ord.
No. 2022-19]
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 10-24-2022 by Ord.
No. 2022-19]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 10-24-2022 by Ord.
No. 2022-19]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 10-24-2022 by Ord.
No. 2022-19]
The use of a building or land which constitutes a different
use group from the previous use group, pursuant to the New Jersey
Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
[Amended 11-1-1993 by Ord. No. 93-23; 12-16-1996 by Ord. No. 96-18;[4] 8-17-2009 by Ord. No.
2009-11; 9-3-2013 by Ord. No. 2013-12]
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 transshipments points.
The triangle formed by the point of intersection of the right-of-way
lines of two intersecting streets and the points on each of the intersection
right-of-way lines at a given distance from the point of intersection,
providing for adequate sight distance.
A building to house a club, civic or social organization
not conducted for profit and which is not an adjunct to or operated
by or in connection with or as a public eating and/or drinking establishment.
[Amended 9-15-1997 by Ord. No. 97-20]
The New Jersey Council on Affordable Housing.
[Added 6-29-1998 by Ord.
No. 98-4]
A situation where two or more wireless communication providers,
including governmental agencies, locate separate antennas on the same
wireless communications tower or facility.
[Added 6-16-1997 by Ord.
No. 97-8]
Any commercially registered vehicle, except a passenger car
with no advertising matter exposed to view. Vehicles normally associated
with a commercial use, but not registered as a commercial use, shall
be deemed commercial vehicles.
Open space, buildings, structures, recreational facilities,
utilities and other improvements owned by and/or operated for the
benefit of the residents in common, including but not limited to swimming
pools, tennis courts, building structures and entries, roads, drainage
systems, pedestrian and bicycle pathways and other facilities.
An open space area in common ownership.
Ownership of land and/or real improvements by an association,
cooperative or the like.
A development plan which meets all of the submission requirements,
including those pertaining to development plan details, set forth
in Part II of this chapter and which is accompanied by payment of
the required fee established in Part II of this chapter.
A use permitted in a particular zone only upon a showing
that such use in a specific location will comply with the conditions
and standards for the location and operation of such use as contained
in this chapter and upon the approval of a development plan therefor
by the Board.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements
together with an undivided interest in common elements appurtenant
to each such unit of improvement.
[Amended 9-15-1997 by Ord. No. 97-20]
The land covered by the master deed, whether or not contiguous
and all improvements thereon, all owned either in fee simple or under
lease and all easements, rights and appurtenances belonging thereto
or intended for the benefit thereof.
The municipal official designated by the Borough Council
to enforce the Uniform Construction Code.
[Amended 9-15-1997 by Ord. No. 97-20]
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by the corporation or association or to lease or purchase a dwelling
constructed or to be constructed by the corporation or association.
See "lot, corner."
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of Middlesex County.
[Amended 9-3-2013 by Ord.
No. 2013-12]
BUILDING COVERAGEThe aggregate square footage or other area measurement of the footprints by which all structures occupy a lot, including principal structures, detached garages, sheds, carports, porches, decks, raised patios more than 30 inches above grade and any other structure deemed to be permitted accessory structures.
IMPERVIOUS COVERAGEThe aggregate square footage or other area measurement of the footprints by which all structures and paved areas occupy a lot, including principal structures, detached garages, sheds, carports, porches, decks, patios, walkways, driveways, parking areas, sports courts, plazas and any other structure deemed to be permitted accessory structures. Swimming pool water surface areas, fences and walls less than two feet in width, loose stones and mulch areas intended for landscaping purposes shall be excluded.
See "street."
The date of a resolution of action or a resolution memorializing
the action of the Board.
Any facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
less than 24 hours a day. In the case of a center operating in a sponsor's
home, children who reside in the home shall not be included when counting
the number of children being served. This term shall include, but
shall not be limited to, day-care centers, drop-in centers, nighttime
centers, recreation centers sponsored and operated by a county or
municipal government recreation or park department or agency, day
nurseries, nursery and play schools, cooperative child centers, centers
for children with special needs, centers serving sick children, infant-toddler
programs, school-age child-care programs, employer-supported centers,
centers that had been licensed by the Department of Human Services
prior to the enactment of the Child-care center Licensing Act, P.L.
1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) and kindergartens that are
not an integral part of a private educational institution or system
offering elementary education in grades kindergarten through sixth,
seventh or eighth. This term shall not include:
[Amended 9-15-1997 by Ord. No. 97-20]
A program operated by a private school which is run solely for
educational purposes. This exclusion shall include kindergartens,
prekindergarten programs or child-care centers that are an integral
part of a private educational institution or system offering elementary
education in grades kindergarten through sixth, seventh or eighth.
Centers or special classes operated primarily for religious
instruction or for the temporary care of children while persons responsible
for such children are attending religious services.
A program of specialized activity or instruction for children
that is not designed or intended for child-care purposes, including
but not limited to Boy Scouts, Girl Scouts, 4-H clubs and Junior Achievement
and single activity programs such as athletics, gymnastics, hobbies,
art, music and dance and craft instruction, which are supervised by
an adult, agency or institution.
Youth camps required to be licensed under the New Jersey Youth
Camp Safety Act, P.L. 1973, c. 375 (N.J.S.A. 26:12-1 et seq.). To
qualify for an exemption from licensing under this provision, a program
must have a valid and current license as a youth camp issued by the
Department of Health. A youth camp sponsor who also operates a child-care
center shall secure a license from the Department of Human Services
for the center.
Day training centers operated by or under contract with the
Division of Developmental Disabilities within the Department of Human
Services.
Programs operated by the Board of education of the local public
school district that is responsible for their implementation and management.
A program such as that located in a bowling alley, health spa
or other facility in which each child attends for a limited time period
while the parent is present and using the facility.
A child-care program operating within a geographical area, enclave
or facility that is owned or operated by the federal government.
A family day-care home that is registered pursuant to the Family
Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.).
Privately operated infant and preschool programs that are approved
by the Department of Education to provide services exclusively to
local school districts for handicapped children, pursuant to N.J.S.A.
18A:46-1 et seq.
Calendar days.
Diameter of a tree trunk measured at breast height, three
feet six inches above ground level.
The total number of dwelling units in a proposed development
divided by the total number of acres of the tract of which the proposed
development site is a part.
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
or the construction, reconstruction, conversion, alteration, relocation
or enlargement of any building or other structure or of any mining,
excavation or landfill or any change in use or intensity of use of
any building or other structure or land or any alteration of a site
for which approval may be required pursuant to this chapter.
[Amended 9-15-1997 by Ord. No. 97-20]
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
[Added 6-29-1998 by Ord.
No. 98-4]
See "application for development."
[Amended 9-15-1997 by Ord. No. 97-20]
An informal board of Borough staff, officials and professionals
that will review development plans or concept plans.
[Added 2-18-2020 by Ord. No. 2020-05]
Any building or premises in which the principal use involves
the handling and distribution of wholesale goods to purveyors but
not for resale to the general public or individual members of wholesale
clubs.
[Added 10-4-1993 by Ord.
No. 93-26]
The person responsible for placing and maintaining a newsrack
on the public right-of-way.
The lands required for the installation of storm sewers or
drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
[Amended 9-15-1997 by Ord. No. 97-20]
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
A private roadway providing access for motor vehicles to
a garage, dwelling or other building.
Any banking facility which either includes or consists entirely
of a drive-in window or drive-in facility to accommodate customers
remaining in their automobiles, regardless of whether or not enclosed
walk-in banking facilities are also provided.
Any establishment whose principal business is designed for
the sale of food and beverages to customers without the need to leave
their vehicles or for consumption in vehicles either on or off the
premises.
[Amended 3-17-2003 by Ord. No. 2003-4]
Two dwelling units, sharing a common horizontal separation,
with two independent means of ingress and egress for each unit.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not required access through
another dwelling unit or other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
Any business use that provides food and/or beverages to patrons
to be consumed either on or off the premises. However, a snack bar
or refreshment stand at a public or community facility shall not be
deemed an eating and drinking establishment.
A residential dwelling unit without a separate bedroom. For
the purposes of this chapter, an efficiency shall be considered a
one-bedroom unit.
A building entrance open on three sides and extending not
more than five feet from the face of the building.
The Borough of Metuchen Environmental Commission, a municipal
advisory body created pursuant to N.J.S.A. 40:56A.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
by the Tax Assessor utilizing estimates for construction cost. Final
equalized assessed value will be determined at project completion
by the Municipal Tax Assessor.
[Added 6-29-1998 by Ord.
No. 98-4]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The change off-tract resulting from the implementation of
a development plan relating to, but not limited to, such items as
traffic, drainage, light, noise, etc.
One or more persons living as a single housekeeping unit
occupying a single dwelling unit and having their own sanitary and
kitchen facilities, provided that any group whose number exceeds the
number of people permitted to occupy space in a dwelling under the
State Housing Code shall not be considered a family.[5]
An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption within the restaurant building, or consumption in vehicles either on or off the premises. For the purpose of this definition, a fast-food restaurant may include fast-service techniques designed for higher speed and volume of customer turnover, including but not limited to prepayment by the customer at the time of ordering and in advance of the serving of such food, multiple cashier lines, and numbered or preset menus. Fast-food restaurants include any such use designated for higher speed and volume of customer turnover that requires parking in excess of that required for eating and drinking establishments by § 110-154.
[Added 9-15-1997 by Ord.
No. 97-20; amended 2-22-1999 by Ord. No. 99-1; 3-17-2003 by Ord. No. 2003-4]
A structure used for screening or enclosure.
The official action of a Board taken on an approved preliminary
development plan after all requirements, conditions, engineering plans,
etc. have been completed and the required improvements installed or
guaranties properly posted for their completion. A development plan
that receives such final approval must have been prepared by a licensed
professional engineer and/or land surveyor in compliance with all
of the provisions of N.J.S.A. 46:23-9.9 et seq. and, in the case of
a subdivision, includes the map to be filed with the County Recording
Officer in accordance with N.J.S.A. 45:55D-54.
The final map of all or a portion of the development plan
which is presented to the Board for final approval in accordance with
these regulations and which, if approved and as required, shall be
filed with the County Recording Officer.
Establishments such as banks, credit agencies, investment
companies, brokers of and dealers in securities and commodities, and
security and commodity exchanges.
[Added 7-16-2007 by Ord.
No. 2007-4]
An apartment located above or below another dwelling unit
or portion thereof.
Includes any facility where activities take place commonly
known as but not limited to swap shops, penny markets, rummage sales
or garage sales and where tangible articles are bought, sold or exchanged.[6]
The gross area of all floors computed by using the dimensions
of the outside walls of each floor of a building. Only those areas
having five feet or more of clear head room with completed floors,
ceiling and partitions may be considered in computing the second floor
area of a one-and-one-half-story house, and at least 1/2 of the included
second floor area shall have a minimum ceiling height of seven feet
six inches. Cellars (but not basements), porches, balconies, patios,
terraces, breezeways, carports, verandas and garages are excluded,
as is enclosed parking for a nonresidential use, except that enclosed
porches and patios which are heated and used year-round shall be counted
in computing the floor area.
The aggregate floor area in square feet of the principal
building on a lot, divided by the total area in square feet of the
lot.[7]
See "lot line, front."
The line, measured from the street line, parallel and concentric
with such street line marking the beginning of the permitted building
area.
See "yards."[8]
A detached accessory building or portion of the principal
building designed primarily for the storage of passenger vehicles.
[Amended 9-15-1997 by Ord. No. 97-20]
Any building, premises or land, other than an automotive
service station, in which or upon which a business, service or industry
involving the storage, maintenance, cleaning or major repair of motor
vehicles or the retail sale or rental of new or used motor vehicles,
prepackaged motor fuels or motor vehicle parts is conducted or rendered.
Two or more multifamily apartment houses on one lot containing
three or more separate dwelling units and sharing joint utility services
or facilities, or both.
See "automobile service station" and "garage, public."
[Amended 9-15-1997 by Ord. No. 97-20]
The Mayor and Borough Council of the Borough of Metuchen.
Any stripping, cutting, filling, stockpiling or combination
thereof.
See "supermarket."
The total area within a commercial or industrial structure
available or proposed for rent or lease.
The maximum total weight for which a vehicle is registered
with the New Jersey Division of Motor Vehicles pursuant to N.J.S.A.
39:1 et seq.
[Amended 9-15-1997 by Ord. No. 97-20]
Any security which may be accepted by the Borough, including,
without limitation, cash or a bond in the form of a surety underwritten
by an insurance company approved by the State of New Jersey in a form
approved by the Borough Council.
An individual who because of a physical limitation would
find stairs, doorways or other segments of construction a restraint
to ease of entry.
Construction of a structure that enables a handicapped individual
ease of entry.
Construction of a structure that would easily adjust to accommodate
a handicapped individual's ease of entry.
Any materials classified as hazardous by the United States
Environmental Protection Agency or the New Jersey Department of Environmental
Protection and Energy.
[Amended 9-15-1997 by Ord. No. 97-20]
An establishment that provides facilities for multiple types
of exercise and fitness programs including aerobic exercises, running,
exercise equipment and machines, weightlifting equipment, basketball
or other sports/game court(s), swimming pool(s), hot tub(s), sauna(s),
showers, locker room(s), changing rooms and other rooms for classes
and training. They are generally open daily continuously from morning
until evening and require a membership with guest privileges. They
are not generally open to the public on a daily admission basis. Members
and guests can normally use the facilities without the direction of
an instructor or staff member.
[Added 8-12-2019 by Ord.
No. 2019-12]
The vertical distance from grade plane to the highest roof surface. A grade plane shall be defined as a reference plane representing the average of the preconstruction grade or finished grade, whichever is lower in elevation, adjoining the structure at all exterior walls. Exceptions: see § 110-109.
[Amended 9-11-2023 by Ord. No. 2023-26]
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the state,
its communities or the nation and that has been so designated by a
federal or state agency or local governing body.
The list of buildings, structures and sites that the Borough
has recognized as having historical, archaeological, cultural or other
value to the community.
Any use permitted pursuant to § 110-100.
[Amended 9-15-1997 by Ord. No. 97-20]
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, entertainment and recreational facilities. Living units
may be provided for the sole use of resident employees, provided that
the same do not exceed 3% of the living units provided.
[Amended 9-15-1997 by Ord. No. 97-20]
One or more persons living together in one dwelling unit
and sharing living, sleeping, cooking and sanitary facilities on a
nonprofit basis.
The projected or measured effect of a proposed development
on a public facility or service, on the natural environment, on facilities,
on traffic, on the fiscal balance of the Borough, its school districts
and/or other local public agencies.
Any site area that does not absorb water, including buildings,
parking areas, driveways, roads, sidewalks, any areas of concrete
or asphalt or stored materials (example lumber in lumberyards) and
any streams, water bodies or detention or retention basins.
A residential housing development in which at least 10% of
the housing units are set aside for low- and moderate-income households,
as defined by the New Jersey Council on Affordable Housing (COAH).
The term may also mean housing developments comprised completely of
low- and moderate-income housing.
[Added 6-15-1992 by Ord.
No. 92-15]
A hotel or other lodging house serving food and drink and
containing 25 rooms or less for transient lodging accommodations.
[Amended 9-15-1997 by Ord. No. 97-20]
A use by a public or nonprofit quasi-public or private institution
for educational, religious, charitable, medical or civic purposes.
A point where two or more streets meet and/or cross.
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
[Added 6-29-1998 by Ord.
No. 98-4]
Any area used for storage, keeping or abandonment of junk,
including scrap metals or other scrap material or for the dismantling,
demolition or abandonment of structures, automobiles or other vehicles,
equipment and machinery or parts thereof; provided, however, that
this definition shall not be deemed to include any of the foregoing
uses which are accessory and incidental to any agricultural use permitted
in any zone. The term "junkyard" as herein defined includes automobile
wrecking yards.
Any building, structure or premises in which cats, dogs or
other domesticated animals are kept, boarded, bred or trained. For
the purpose of this chapter, pet shops and offices of veterinarians
shall not be considered kennels, as long as such uses do not keep,
board, breed or train cats, dogs or other domesticated animals in
a manner inconsistent with the normal operation of such a use.
An activity which involves the assembly or fabrication of
products from previously prepared materials.
[Amended 10-4-1993 by Ord. No. 93-26]
The breeding and quartering of horses, cows, ponies, sheep,
goats or other farm animals. This term shall not include the keeping
of cats, dogs or other domesticated animals in kennels. Raising and
keeping of livestock is prohibited in all zones.
The living area of any dwelling unit is that portion thereof
used primarily for residential purposes, exclusive of basements and/or
cellars, unimproved attics, open porches, exterior balconies, breezeways,
open spaces, garages or other similar extensions.
A space or berth located off-street and on-site for the temporary
parking of a motor vehicle while engaged in loading and unloading
activities, connected with a use on the site.
A parcel of land, identified and duly filed as a separate
legal entity by deed or plat, which is occupied or capable of being
occupied under this chapter by one or more buildings, and the uses
or buildings customarily incidental to it.
The total area included within the property lines. Where
the property line extends to the center line of a street and the street
right-of-way width has not been determined, the area of the lot for
the purposes of this chapter shall not include land within 25 feet
of the center line of this street. Where a right-of-way width is shown
on either a subdivision plat or adopted Master Plan or Official Map,
the area of the lot shall not include any portion of the actual or
proposed right-of-way.
A lot fronting on two or more streets at their intersection.
A corner lot shall have one rear yard and two or more front yards
but may not have more than one side yard.
The percentage of the lot area covered by the building as
measured between the exterior surfaces of the exterior walls; the
building area, in square feet, being the numerator, and the lot area,
in square feet, being the denominator.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line (see illustration below).
[Amended 9-15-1997 by Ord. No. 97-20]
 |
The horizontal distance between side lot lines measured along
the street right-of-way line. In the case of a corner lot, either
street frontage which meets the minimum frontage required for that
zone may be considered the lot frontage.
A line of record bounding a lot.
The lot line, coincident with the street right-of-way.
[Amended 9-15-1997 by Ord. No. 97-20]
The lot line opposite and most distant from the front lot
line or the point at which the two side lot lines meet in the case
of a triangular lot.
Any lot line other than a front or rear lot line.
See "nonconforming lot."
[Added 9-15-1997 by Ord.
No. 97-20]
A lot fronting on two streets which do not intersect each
other at the boundaries of the lot. A through lot shall have two side
yards and two front yards but shall have no rear yard.
The shortest distance between the side lot lines as measured
between the front lot line and the required front setback line.
[Added 9-3-2013 by Ord.
No. 2013-12]
The distance between the side lot lines measured along a
line drawn parallel to the front lot line at a distance from the front
lot line equal to the minimum front yard setback.
[Amended 9-15-1997 by Ord. No. 97-20]
The distance between the side lot lines measured parallel
to the street right-of-way along the front lot line.
[Amended 9-15-1997 by Ord. No. 97-20]
Any business use that consists primarily of the use of power-driven
machinery or tools.
[Amended 9-15-1997 by Ord. No. 97-20]
Any security that may be accepted by the Borough for the
maintenance of any improvements required by this chapter. (See "guaranty.")
Any subdivision not classified as a minor subdivision.
[Amended 9-15-1997 by Ord. No. 97-20]
A unit of housing which:
[Added 9-15-1997 by Ord.
No. 97-20]
Consists of one or more transportable sections which are substantially
constructed off-site and, if more than one section, are joined together
on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities, as a dwelling
on permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974,
P.L. 93-383 (42 U.S.C. § 5401 et seq.) and the standards
promulgated for a manufactured or 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.).
An establishment or business which provides the service of
massage and body manipulation, including exercises, heat and light
treatments of the body, all forms and methods of physiotherapy, unless
operated by a medical practitioner, chiropractor or professional physical
therapist licensed by the State of New Jersey.
A composite of one or more written or graphic proposals for
the development of the Borough or sections thereof, pursuant to N.J.S.A.
40:55D-28, and setting forth the natural, historical, physical, social,
housing and economic development policies, including goals and objectives
for such, which have been adopted by the Planning Board.
A resolution setting forth the decision of the Board on a
particular application, including the findings of fact, reasons for
the decision and conditions of approval, if any.
A development of land that meets the definitions and standards
of a minor site plan, pursuant to Article 12 of this chapter.
A subdivision of land that does not involve the creation
of more than two new lots from one original lot, 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 Part III of this chapter.
[Amended 9-15-1997 by Ord. No. 97-20; 2-7-2000 by Ord. No. 2000-3]
See "manufactured home."
[Amended 9-15-1997 by Ord. No. 97-20]
A parcel of land, or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
[Amended 9-15-1997 by Ord. No. 97-20]
An establishment or business which provides the service of
modeling for the purpose of reproducing the human body wholly or partially
in the nude, by means of photographing, painting, sketching, drawing
or otherwise.
An establishment providing transient sleeping accommodations
with a majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building. Such
sleeping accommodations shall take place in furnished living units.
Living units may be provided for the sole use of resident employees,
provided that the same do not exceed 3% of the living units provided.
[Amended 9-15-1997 by Ord. No. 97-20]
The Planning Board, Zoning Board of Adjustment or Borough
Council of the Borough of Metuchen or any agency created by or responsible
to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1
et seq.
The Borough of Metuchen.
N.J.S.A. 40:55D-1 et seq.
A park or open space included in a PURD which may be either
a public or a private common open space.
[Added 10-3-1994 by Ord.
No. 94-14]
Any business use that displays and sells automobiles, trucks,
motorcycles or such similar motorized vehicles, at least 75% of which
are new as shipped from the manufacturer.
Any daily or weekly periodical or publication of general
circulation duly entered with the United States Postal Service and
accepted as such for mailing privileges by the Postal Service.
[Amended 9-15-1997 by Ord. No. 97-20]
Any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of newspapers or other periodicals.
A lot, the area, dimension(s) 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 zone in which it
is located by reason of such adoption, revision or amendment.
[Amended 9-15-1997 by Ord. No. 97-20]
A structure, the size dimension(s) 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 zone in which
it is located by reason of such adoption, revision or amendment.
[Amended 9-15-1997 by Ord. No. 97-20]
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 zone in which it is located by reason of
such adoption, revision or amendment.
[Amended 9-15-1997 by Ord. No. 97-20]
A structure, whether accessory or attached to a principal
structure, on the same lot as a permitted eating and drinking establishment
and devoted exclusively to providing shelter from the elements for
patrons of the eating and drinking establishment for outdoor dining
purposes only. No cooking, food preparation or storage shall be permitted
within the structure. The structure primarily consists of a roof structure
with support posts, with no more than 50% of the sides of the structure
comprised of permanent wall construction and windows, exclusive of
support posts. Screening materials made of fabric, canvas, plastic,
etc., may be used on open sides at any time from October 1 through
March 31 and only during inclement weather from April 1 through September
30, and provided that such screens are retracted or raised when not
in use.
[Added 2-8-2021 by Ord.
No. 2021-01; amended 10-12-2021 by Ord. No. 2021-20]
A place where three or more children are kept for the purpose
of providing supplemental parental care, including day nursery, day-care
home for children, kindergarten and education.
Executive, administrative, general or professional offices
in which a business is conducted.
The map, with changes and additions therein, adopted and
amended from time to time by resolution of the Board of Chosen Freeholders
of Middlesex County pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the provisions of N.J.S.A.
40:55D-32, et seq. Such map shall be deemed to be conclusive with
respect to the location and widths of streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
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 the development plan or on a contiguous portion of a street or
right-of-way.
A licensed off-track betting facility authorized by the New
Jersey Gaming Commission and subject to its rules and regulations.
[Added 4-19-1999 by Ord.
No. 99-4]
Not located on the property which is the subject of a development
plan nor on a contiguous portion of a street or right-of-way.
A new street, water, sewage or drainage improvement or extension
or modification of an existing improvement which is not located on
the property which is the subject of a development plan, nor on a
contiguous portion of a street or right-of-way, and which includes
either of the following:
All improvements of the types required for on-tract installation,
where the need for providing for such improvements off-tract is, in
whole or in part, made necessary by the proposed development plan
and where such improvements will confer a benefit upon the lands which
are the subject of the development plan.
Any improvement or facility, the installation of which is required
in the public interest but which would not otherwise be required except
for the improvement of the lands which are the subject of the development
plan, and the installation of which would confer a benefit upon the
lands which are the subject of the development plan. In addition to
improvements of the type referred to above, improvements required
to maintain a safe flow of vehicular and pedestrian traffic are specifically
declared to be necessary and in the public interest.
Located on the lot in question.
Located on the property which is the subject of a development
plan or on a contiguous portion of a street right-of-way.
An open space area within and related to a development and
designed and intended for the use or enjoyment of residents and/or
owners of the development. Open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of the open space by residents and/or owners of the
development. Additionally, open space may be any parcel or area of
land set aside, dedicated, designated or reserved for public use.
Usable open space is an area of land set aside, dedicated,
designated or reserved for the public or private use as active or
passive recreation.
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.
An area, either within a structure or in the open, for the
parking of a motor vehicle, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that nothing shall prohibit
private driveways for dwelling units from being considered off-street
parking areas, provided that no portion of a private driveway lying
within the right-of-way of the intersecting street shall be considered
part of an off-street parking space. A parking space is intended to
be of sufficient area to accommodate the exterior extremities of a
vehicle, whether or not in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. 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.[9]
Any security that may be accepted by the Borough to insure
installation of any improvements required by the subdivision site
plan or development plan, provided that the Borough shall not require
more than 10% of the total performance guaranty in cash. (See "guaranty.")
Any use which is allowed by the provisions of this chapter.
Any business use that provides services to individuals or
businesses, such as acupuncturists, barbershops, beauty salons, learning
and training centers, photocopy and print shops, computer repair,
shoe repair, travel agencies, appliance repair shops and similar type
uses.
[Added 9-3-2013 by Ord.
No. 2013-12]
An establishment that provides instruction, classes or training
in specialized areas of physical fitness such as Pilates, boxing,
martial arts, functional fitness training, yoga, stretching, cycling
or other types of fitness training. Instruction or training can be
provided in one-to-one or small group environments. The facility may
provide shower(s), locker room(s) and changing room(s), but shall
not a have basketball or other sports/game court(s), swimming pool(s),
hot tub(s), sauna(s) or other amenities usually found in health clubs,
gyms and fitness centers. Studios may be equipped with exercise machines
and equipment for instructed use. Memberships may be offered, but
classes and use of the studio shall also be available on a "drop in"
or daily admission fee basis. Hours of operation vary dependent on
the class schedule of offerings. Exercise classes and training are
normally led by an instructor or fitness trainer. An establishment
that provides facilities and equipment for exercise and fitness without
individual or group instruction and attention shall be considered
a "health club, gym or fitness center" as defined herein.
[Added 8-12-2019 by Ord.
No. 2019-12]
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses, all primarily for the benefit
of the residential development.
Professional planner, as certified by the New Jersey State
Board of Professional Planners.
The Planning Board established pursuant to Part V of this chapter.
The area between the public street and the sidewalk within
the right-of-way, usually planted in grass and within which street
trees are usually located.
The term "plat" is used interchangeably in this chapter with
the term "subdivision plan" or "site plan."
Also known as "temporary retail," "flash retailing," "pop-up store" or "pop-up shop," a retail shop and store or a personal service business that is permitted pursuant to Article 17 of this chapter and is intended to be open to the public for a period no greater than 30 calendar days after it is opened to the public.
[Added 7-20-2015 by Ord.
No. 2015-09]
A portion of the structure covered by a roof which has one
or more sides open to the atmosphere.
[Amended 9-3-2013 by Ord.
No. 2013-12]
The official action of a Board taken on a preliminary development
plan after the Board has determined that the established standards
adopted for design, layout and development in the Borough will be
satisfied by the development plan. Such preliminary approval confers
upon an applicant all rights provided for under N.J.S.A. 40:55D-49.
Architectural drawings prepared during the early stages of
the design of a project, illustrating in a schematic form its scope,
scale and pertinent detail along with its relationship to the site
and immediate environs.
A structure arranged, adapted or designed for the predominant
or primary use for which a lot is used.
[Amended 9-15-1997 by Ord. No. 97-20]
The predominant or primary use for which a lot is used.
[Amended 9-15-1997 by Ord. No. 97-20]
A paved cartway which provides vehicular access to more than
one dwelling unit, principal structure or lot and which is not located
in a public right-of-way.
An office where the occupant is limited to a professional
use and shall include only the offices of physicians, dentists, optometrists,
ministers, architects, land surveyors, engineers, lawyers, accountants,
chiropractors, chiropodists, mental health counselors and such similar
professional occupations.
Any use which is not specifically permitted by this chapter.
Public parks, playgrounds, trails, paths and other recreational
areas and public open spaces, scenic and historic sites and sites
for schools and other public buildings and structures.
A building which is owned and used by a governmental agency.[10]
Any improvement on publicly held property or on private property
if said improvement accommodates impacts that originate off-tract
or controls external impacts.
An open space area conveyed or otherwise dedicated to a municipality,
a municipal agency, Board of Education, a state or county agency or
any other public body for recreational or conservation uses. (See
"open space.")
Schools through grade 12 for preschool, primary and secondary
education, established and operated primarily for the general education
of children of the neighborhood, municipality or region in subjects
and classes necessary for compliance with state compulsory education
laws.
The use of land or buildings by the Borough of Metuchen or
by any other federal, state, county or municipal governmental body,
including the Borough of Metuchen Board of Education.
The mining of stone and the business of conducting a quarry,
including the sale and shipping of excavated material of any kind.
Quarrying is a prohibited use in all zones.
The majority of the full authorized membership of a Borough
board.
See "lot line, rear."
See "yards."
Any vehicle, whether self-propelled or otherwise, used or
intended for use as a conveyance upon public streets or highways and
so designed, constructed or reconstructed or added to by means of
accessories in such manner as to permit the occupancy thereof as a
dwelling or sleeping place for one or more persons or as living and
business quarters combined and having no foundation other than wheels,
jacks or skirtings so arranged as to be integral with or portable
by such vehicle. Recreational vehicle includes camper, trailer coach,
motor home and similar vehicles.
[Amended 9-15-1997 by Ord. No. 97-20]
A detailed analysis of the expected composition and amounts
of solid waste and recyclables generated at the proposed development
and locations documented on the applicant's site plan (if applicable)
that provide for convenient recycling opportunities for all owners,
tenants, and occupants.
[Added 12-17-2007 by Ord.
No. 2007-11]
See "automobile service station."[11]
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved and recorded
according to law; or
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved and recorded
according to law, but not including conveyances so as to combine existing
lots by deed or other instrument.
The sale of goods, for use or consumption off of the premises,
directly to the customer. "Retail shop and store" shall not include
the sale of cats and/or dogs.
[Amended 7-20-2015 by Ord. No. 2015-09; 12-9-2019 by Ord. No. 2019-19]
The strip of land within which a road (cartway) is or may
be located and which is owned by or dedicated to a public agency.
An institution designed for instruction or education and,
unless otherwise specified in this chapter, limited to public, elementary
and secondary schools and private and parochial schools with the equivalent
curricula.
A planting of evergreen trees and shrubs and/or a berm and/or
fencing to provide an opaque visual barrier, provided that such a
screen should be 100% visually impervious at all times of the year.
Temporary structures generally composed of pre-engineered
fabric membrane buildings designed to house sport fields and/or courts
and erected for no longer than eight months during any year.
[Added 11-17-2008 by Ord.
No. 2008-17]
Any business use that provides services to individuals or
businesses, such as barbershops, dry-cleaning establishments, beauty
salons, photocopy shops, travel agencies, appliance repair shops and
similar type uses.
[Amended 9-15-1997 by Ord. No. 97-20]
See "building line or building setback line."
Human genitals in a state of sexual stimulation or arousal,
acts of human masturbation, sexual intercourse or sodomy. Fondling
or other erotic touching of human genitals, pubic region, buttocks
or human breasts.
[Amended 9-15-1997 by Ord. No. 97-20]
A group of commercial establishments built on one tract that
is planned and developed as an operating unit. It provides on-site
parking in definite relationship to the type and total size of the
stores. The commercial establishments may be located in one or several
buildings, attached or separated.
See "lot line, side."
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
See "yards."
See "clear sight triangle."
Any announcement, declaration, demonstration, attraction,
display, illustration or insignia used to identify, promote or advertise
the interests of any person, group of persons, company, corporation,
service or product when the same is displayed in the interior or directly
on the exterior of a building, erected or attached thereto or is supported
in a freestanding manner where it may be viewed from any location
on or off the site.
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
A sign that is used in connection with a circumstance, situation
or event, expected to remain where erected or placed for a short period
of time which is not more than 15 days.
A single-family detached home that has one side wall which
is situated along one side lot line, rendering the building lot as
having only one side yard.
[Added 10-3-1994 by Ord.
No. 94-14]
A freestanding residential building which contains one dwelling
unit and which has no walls common with any other dwelling unit.[12]
Ownership by one person or ownership by two or more persons
as joint tenants, as tenants by the entirety or as tenants in common,
or a corporation, partnership or association, of a separate lot not
adjacent to any other land in which any of the above-mentioned persons
has any beneficial interest whatsoever, including, among others, interest
by marriage and/or blood.
A development plan of one or more lots on which is shown:
The existing and proposed conditions on 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, signs and light-screening
devices.
Any other information required by this chapter or the Boards
to enable the Boards to make an informed decision.
An informal plat of a major subdivision submitted to the Planning Board for review for the purpose of comments and suggestions prior to the submittal of the preliminary plat and conforming to the requirements of § 110-47.
[Amended 9-15-1997 by Ord. No. 97-20]
See "clubhouse."
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation.
Any facility designed and equipped for the conduct of sports
and athletics and related recreational activities, such as soccer,
basketball, tennis, lacrosse, field hockey, volleyball and rock-climbing
walls, and open to the public for a fee, including organized sports
teams and leagues. Such facilities shall be located indoors, within
a building, and may also include seasonal sports dome structures and
outdoor sports fields or courts. Driving ranges, miniature golf, paintball,
firing ranges, skateboard parks, batting ranges, archery ranges, swimming
pools, water parks, skating rinks, motorized cart and motorcycle tracks,
and motorized model airplane flying facilities shall not be deemed
sports and athletic facilities.
[Added 11-17-2008 by Ord.
No. 2008-17]
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
be no floor above it, then the space between the floor and the ceiling
next above it.
The lowermost story entirely above the grade plane.
A partial story under a gable, hip or gambrel roof, the wall
plats of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
An intermediate level between the floor and ceiling of any
story and covering not more than 33% of the floor area of the room
in which it is located.
A split-level story shall be considered a second story if
its floor level is six feet or more above the level of the line of
the finished floor next below it, except a cellar.
A permit issued by the Department of Environmental Protection
and Energy under the provisions of N.J.S.A. 58:1-26.
Any public or private right-of-way commonly used by the public
for motor vehicle movement and which is approved for purposes of issuing
building permits. For the purpose of this chapter, streets shall be
classified as follows:
Arterial streets are those which accommodate high volumes of
through traffic.
Collector streets are those which carry traffic from minor streets
to arterial streets, including the principal entrance streets of a
residential development and streets for circulation within such a
development.
Culs-de-sac, or dead-end streets, are minor streets which provide
access to adjacent lots with access limited to one point of ingress
and egress and having the other end for the reversal of traffic movement.
Minor and/or local streets are those which are used primarily
for access to the abutting properties.
The right-of-way line of a street as indicated by public
usage, dedication or deed of record or as shown on an adopted Master
Plan or Official Map.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surfaces, including clearing and grubbing operations.
Anything constructed or erected which requires permanent
or temporary location on the ground or permanent or temporary attachment
to something which is erected on the ground and designed, intended
or arranged for the housing, shelter, enclosure and/or structural
support of persons, animals or property of any kind, excluding unroofed
patios at ground level, parking lots or driveways and fences in compliance
with yard requirements. A structure shall include unroofed porches
above finished grade, roof overhangs, awnings in the extended position
and any other permanent part of the structure. For the same purpose
it shall not include structures such as fuel oil tanks, septic tanks
and leaching pools which are completely buried below finished grade,
drainage systems or utility poles required only for direct customer
service.
See "accessory structure."
[Amended 9-15-1997 by Ord. No. 97-20]
Any change in the supporting members of a structure, such
as bearing walls, columns, beams or girders, or in the utility systems
or mechanical equipment of a structure, which change materially alters
the usability, strength, capacity or function of the structure.
See "nonconforming structure."
[Amended 9-15-1997 by Ord. No. 97-20]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for the purpose,
whether immediate or future, of sale or development, except that the
following divisions shall not be considered subdivisions if no new
streets are created:
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lands by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land which are owned by the same persons and which are found and
certified by the Administrative Officer to conform to the requirements
of this chapter and which are shown and designated as separate lots,
tracts or parcels on the Tax Map.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Act and the rules and criteria as set forth herein. A grant of substantive
certification shall be valid for a period of six years in accordance
with the terms and conditions contained therein.
[Added 6-29-1998 by Ord.
No. 98-4]
A large self-service retail store of 2,000 square feet or
more of gross floor area that sells food and household goods.
The map of the boundaries, area and dimensions of a property
by means of measuring angles and distances; certified by a professional
land surveyor.
[Amended 9-15-1997 by Ord. No. 97-20]
A pool, having a depth of more than 18 inches and/or a water
surface in excess of 100 square feet, whether located above or below
the ground, constructed, designed and maintained for swimming and
bathing purposes by a private residence for use by household members
and guests and located on a lot as an accessory use to a detached
dwelling. The term swimming pool shall include all buildings, structures,
equipment and appurtenances thereto.
Either outdoor or indoor pools which are artificially constructed
to provide recreational facilities for swimming, bathing or wading
for the use of the public or for the use of the membership of any
private club, group or organization.
Those pools which are located above ground level, otherwise
not permanently installed, do not require water filtration, circulation
and purification, do not exceed a water surface of 100 square feet
and do not require braces or supports. Portable pools shall not be
subject to the requirements of this chapter.
An establishment or business which provides the services
of applying a tattoo, more specifically described as an indelible
mark or figure etched on the surface of the body by the insertion
of pigment into the skin.
A building designed for the presentation and viewing of live
performances and/or motion pictures. For the purposes of this chapter,
a theater shall not be considered a retail sales and services establishment.[14]
See "lot, through."[15]
A townhouse is a building designed for or occupied by no
more than one family or household and attached to other similar buildings
or structures by party walls extending from the foundation to the
roof and providing at least two direct means of access from the outside.
For the purposes of this chapter, a townhouse may include a building
in fee simple, condominium or cooperative ownership or any combination
thereof.
An area of land composed of one or more lots adjacent to
one another having sufficient dimensions and area to form one parcel
of land meeting the requirements of this chapter for the use intended.
A wheel-based vehicle that is designed to be transported
by traction and which is used or may be used for the transportation
or storage of goods, materials, livestock or any object.
[Amended 9-15-1997 by Ord. No. 97-20]
See "recreational vehicle."
[Amended 9-15-1997 by Ord. No. 97-20]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
See "commercial vehicle."
A building, structure, place or location used by trucks,
trailer trucks or trailers for the storage, general parking or repair
of trucks or trailers or the transfer of goods, wares or merchandise
from one truck or trailer to another truck or trailer and/or the storage
of goods, wares, equipment or merchandise incidental to such transfer
operations.
Regulations pertaining to building, plumbing, electrical,
energy, fire prevention, mechanical and manufactured or mobile homes
as set forth in N.J.A.C. 5:23, as authorized by N.J.S.A. 52:27D-119
et seq.
[Added 9-15-1997 by Ord.
No. 97-20]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
See "accessory use."
Any business use that sells automobiles, trucks, motorcycles
or such similar motorized vehicles, of which at least 26% of such
merchandise is used or previously owned.
[Amended 9-15-1997 by Ord. No. 97-20]
See "nonconforming use."
[Amended 9-15-1997 by Ord. No. 97-20]
See "permitted use."
[Amended 9-15-1997 by Ord. No. 97-20]
See "principal use."
[Amended 9-15-1997 by Ord. No. 97-20]
Permission to depart from the literal requirements of Part
III of this chapter, pursuant to the conditions set forth therein.
All unattended coin-operated machines, licensed or unlicensed,
which render a service and/or dispense products or materials.
A use pertaining to the medical diagnosis and treatment of
diseases and injuries of domestic animals.
A determination by the Board that certain applications for development submission requirements set forth in Part II of this chapter are not required for said application to be certified as complete or that certain development and design standards as set forth in Part IV of this chapter are not required for said application to be approved.
A path provided for pedestrian use through a site.
Any building or premises in which the principal use involves
the storage of goods, materials, equipment, merchandise or wares.
Storage of hazardous materials in a warehouse is specifically prohibited.
[Amended 10-4-1993 by Ord. No. 93-26]
A natural or man-made conduit in the ground which channels
water on a continuous basis, except in times of drought, for which
a floodplain or flood hazard area has been delineated on Official
Maps of the Borough.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for use in saturated soil conditions.
Any type of personal wireless telecommunication services,
including cellular, personal communications services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),
paging and similar devices utilized by the general public. Direct-to-home
satellite services are excluded from this definition.
[Added 6-16-1997 by Ord.
No. 97-8]
Antennas, towers, equipment sheds and other facilities related
to the provision of wireless communication at a site.
[Added 6-16-1997 by Ord.
No. 97-8]
A freestanding lattice or monopole structure used to support
antennas or other wireless communication devices.
[Added 6-16-1997 by Ord.
No. 97-8]
FRONT YARDThat portion of the lot situated between any street right-of-way line and a second line drawn parallel to the same through the portion of the principal building located closest to the street. The front yard shall extend across the entire lot and shall be unoccupied except by a use as specifically permitted.
SIDE YARDThat portion of the lot which is not a front yard or a rear yard and which is also not occupied by the principal building(s). The side yard shall be unoccupied except by a use as specifically permitted.
REAR YARDThat portion of the lot situated between the rear building line of the principal building and the rear property line, said rear building line being drawn parallel to the front building line and passing through the rearmost portion of the principal building(s). The rear yard shall extend across the entire lot, except that on a corner lot the designated rear yard shall extend only to the intersecting front yard. The rear yard shall be unoccupied except by a use as specifically permitted.
[Amended 9-15-1997 by Ord. No. 97-20]
The land use zone map adopted by the Borough.
An agent, appointed by the Borough Council, who shall be
responsible for the administration and enforcement of the provisions,
requirements, regulations and standards contained in this chapter
and who shall have such other duties and responsibilities as may be
herein specified or assigned by an appropriate body.
A document issued by the Zoning Officer which acknowledges
that the building, structure, sign, fence, occupancy or use complies
with all provisions of this chapter or a duly authorized variance.
[1]
Editor's Note: The definition of "Acre" which immediately
followed this definition was deleted 9-15-1997 by Ord. No. 97-20.
[2]
Editor's Note: The definitions of "Adult," "Adult Book Store"
and "Adult Motion Picture Theater" which immediately followed this
definition were deleted 9-15-1997 by Ord. No. 97-20.
[3]
Editor's Note: The definition of "Automotive Service or Gasoline
Station," which immediately followed this definition, was deleted
9-15-1997 by Ord. No. 97-20.
[4]
Editor's Note: Section 8 of this ordinance provided that this
chapter shall become effective immediately in the B-1, B-2, B-3 and
B-4 Zoning Districts and shall be effective in all other zoning districts
two years following adoption and publication.
[5]
Editor's Note: The definition of "Fast Service Restaurant,"
which immediately followed this definition, was deleted 9-15-1997
by Ord. No. 97-20.
[6]
Editor's Note: The definitions of "Flood Fringe Area," "Flood Hazard Area," "Flood Hazard Design Evaluation," "Flood Map," "Flood of Record," "Floodplain" and "Floodway," which immediately followed this definition, were deleted 9-15-1997 by Ord. No. 97-20. See also Article 24, Flood Damage Prevention, of this chapter.
[7]
Editor's Note: The definition of "Four-Family Dwellings,"
which immediately followed this definition, was deleted 9-15-1997
by Ord. No. 97-20.
[8]
Editor's Note: The definition of "Garage," which immediately
followed this definition, was deleted 9-15-1997 by Ord. No. 97-20.
[9]
Editor's Note: The former definition of "parking stall," which
immediately followed this definition, was deleted 9-15-1997 by Ord.
No. 97-20.
[10]
Editor's Note: The former definition of "public garage," which
immediately followed this definition, was deleted 9-15-1997 by Ord.
No. 97-20.
[11]
Editor's Note: The former definition of "restaurant," which
immediately followed this definition, was deleted 9-15-1997 by Ord.
No. 97-20.
[12]
Editor's Note: The definition of "Single-Family Attached Dwelling,"
which immediately followed this definition, was deleted 9-15-1997
by Ord. No. 97-20.
[13]
Editor's Note: The definition of "Structure, Nonconforming,"
which immediately preceded this definition, was deleted 9-15-1997
by Ord. No. 97-20.
[14]
Editor's Note: The definition of "Technical Review Committee,"
which immediately followed this definition, was repealed 2-18-2020
by Ord. No. 2020-05. See now the definition of "Development Review
Committee." The definition of "Three-Family Dwellings," which immediately
followed this definition, was deleted 9-15-1997 by Ord. No. 97-20.
[15]
Editor's Note: The definition of "Three-Family Apartments,"
which immediately followed this definition, was deleted 9-15-1997
by Ord. No. 97-20.
[16]
Editor's Note: The definition of "Use, Nonconforming," which
immediately preceded this definition, was deleted 9-15-1997 by Ord.
No. 97-20.
