This is a chapter to limit and restrict to specified zones and
to regulate therein buildings and structures according to their construction
and the nature and extent of their use, and the nature and extent
of the uses of the land in the Township of Delaware, Hunterdon County,
New Jersey, including the right to regulate and restrict the height,
number of stories, and sizes of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population and the location,
use and extent of use of buildings and structures and land for trade,
industry, residence, or other purposes; and to regulate the use and
development of land by establishing rules, regulations and standards
relating to subdivisions, site plans, flood hazard areas, and surface
water management; setting forth the procedure to be followed by the
appropriate municipal agency in applying and administering these rules,
regulations and standards; and providing penalties for the violation
thereof.
This chapter shall be known and may be cited as the "Land Use
Ordinance of the Township of Delaware, County of Hunterdon, State
of New Jersey."
A.
The fundamental purpose of this chapter is to provide development
options that will allow each property owner the reasonable use of
the development capability of the land while promoting the permanent
dedication of tracts of priority farmland for continuing agricultural
use and to preserve and protect sensitive and aesthetic natural resources
in accordance with state and county planning policies and to the benefit
of the citizens of the State of New Jersey, Hunterdon County, and
Delaware Township. This chapter is adopted pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., in order to promote the public
health, safety, morals and general welfare; secure safety from fire,
flood, panic and other natural and man-made disasters; provide adequate
light, air and open space; insure that development does not conflict
with the general welfare of neighboring municipalities, the county,
and the state as a whole; promote the establishment of appropriate
population densities and concentrations that will contribute to the
well-being of persons, neighborhoods, communities and regions and
to the preservation of the environment; encourage the appropriate
and effective expenditure of public funds by the coordination of public
development with land use policies; provide sufficient space and appropriate
locations for a variety of agricultural, residential, recreational,
commercial and industrial uses and open space, both private and public,
according to the respective environmental requirements in order to
meet the needs of Delaware Township's citizens; encourage the industrial
uses and open space, both private and public, according to the respective
environmental requirements in order to meet the needs of Delaware
Township's citizens; encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight; promote a desirable visual environment through creative
development techniques and good civic design and arrangements; promote
the conservation of open space and valuable natural resources and
prevent urban sprawl and the degradation of the environment through
improper use of land; encourage senior citizen community housing construction
consistent with provisions permitting other residential uses of a
similar density in the same zoning district; encourage coordination
of the various public and private procedures and activities shaping
land development to lessen the cost of such development and promote
the more efficient use of land; and promote the conservation of energy
through the use of planning practices designed to reduce energy consumption
and to provide for maximum utilization of renewable energy sources.
B.
This chapter is also adopted to implement the following relevant
goals and concepts contained in the Master Plan of Delaware Township:
(1)
Maintain a viable agricultural economy by encouraging farm development
and by conserving open space for agricultural purposes.
(2)
Plan development location and density to respect the environmental
limitations and the historic and cultural character of the areas involved.
(3)
Encourage development in areas having available infrastructure.
(4)
Promote the conservation of energy.
(5)
Provide for retail uses to serve the residents of the municipality.
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances except those specifically or implicitly repealed
by this chapter. Where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings
or lot coverage, or requires greater lot area, or larger yards, or
other open spaces than are imposed or required by other applicable
laws, regulations, permits or by private restrictions, the provisions
of this chapter shall prevail.
All words herein used in the present tense shall include the
future, the singular shall include the plural, and the plural the
singular. The word "shall" is mandatory, not directory. Unless otherwise
expressly stated, the following words and phrases are defined as follows:
A building in which an accessory use is contained.
Any equipment and/or materials associated with the conduct
of a home occupation/home-based business.
[Added 2-25-2019 by Ord. No. 2019-01]
A use which is incidental and subordinate to that of a principal
use on the same lot.
Any one of the following officials depending upon the type
of application involved:
Clerk of the Zoning Board of Adjustment:
Application for a variance pursuant to N.J.S.A. 40:55D-70c (not
involving a subdivision, site plan or conditional use where all conditions
are met).
Application to appeal a decision of the Administrative Officer
(Construction Code Official) relating to the Land Use Ordinance.
Application to hear and decide requests for interpretation(s)
of the Zoning Map.
Application for a variance pursuant to N.J.S.A. 40:55D-70d,
whether or not such application is coupled with a simultaneous or
subsequent application for subdivision or site plan approval.
Clerk of the Planning Board:
Application for subdivision review.
Application for site plan approval.
Application for conditional use, if all conditions are met.
Application for a variance pursuant to N.J.S.A. 40:55D-70c (if
accompanied by a subdivision, site plan or conditional use where all
conditions are met).
Any combination of the above applications.
Municipal Clerk:
Application to the Township Committee.
A restriction placed in the deed of a parcel of land which
prohibits development of the land for any nonagricultural purpose
as determined by the provisions of the New Jersey Agricultural Retention
and Development Act (P.L. 1983, c. 32),[1] and regulations thereunder.
An area of land identified by the Hunterdon County Agricultural
Development Board pursuant to the New Jersey Agriculture Retention
and Development Act (P.L. 1983, c. 32) as consisting of at least 250
acres of contiguous farmland dominated by prime and statewide important
soils that is not included within a sewer district and that is located
more than one mile from a highway interchange.
An area of farms that have either enrolled or have applied
for farmland preservation under one of the programs established pursuant
to the New Jersey Agriculture Retention and Development Act (P.L.
1983, c. 32), that are located within one mile of each other and that
comprise a minimum land area of 250 acres or more.
See also "subdivision." A division of land found by the Planning
Board to be for agricultural purposes, based upon the commitment of
the land to continued agricultural use for a minimum period of not
less than eight years and based upon the Board's finding that the
proposed division will either enhance agricultural usage and production
or at least prevent a decrease in the existing level of agricultural
usage and production, and where all resulting parcels are five acres
or larger in size.
The use of land or structures for agriculture as defined
in this chapter.
The growing of crops, truck gardening, raising or breeding
of horses, cattle, sheep, dairy, poultry or other farm livestock;
maintaining under good management practices an orchard, woodlot, forest,
nursery or greenhouse; or performing other agricultural or horticultural
activity. Agricultural lands shall include open or wooded areas, ponds,
brooks, wetlands, fields and meadows.
[2]A change or rearrangement in the structural parts or in the
existing facilities which alter the use of the building, or an enlargement,
whether by extension of a side or an increase in height or a move
from one location or position to another.
Any exterior transmitting or receiving device that is mounted
on an antenna support structure, that is used in communications and
that radiates or captures electromagnetic waves, digital signals,
analog signals, radio or television frequencies, wireless telecommunications
signals, or other communications signals.
A structure that is designed and built primarily for the
purpose of carrying one or more antenna(s). The term includes both
the antenna support structure itself and the foundation or base that
supports it.
A developer or owner submitting an application for development
or an application for an exemption from or waiver of the requirements
of this chapter, or an owner who applies to join an agricultural district
or to sell a development easement, or who requests permission to engage
in land disturbance activity.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance, or direction for the issuance of a permit pursuant
to the requirements of the Municipal Land Use Law, as amended.[3]
The approval provisions of this chapter shall be administered
by the Planning Board except where the Board of Adjustment has assumed
jurisdiction pursuant to the Municipal Land Use Law, as amended.
Any establishment servicing motor vehicles with fuel and
oil, but not including repairs, changing of tires or any other replacement
of accessory parts.
Any establishment servicing motor vehicles with fuel, parts,
supplies, and accessories, minor and major repair services and maintenance,
wrecker and hauling services, body work and painting, and heavy repair
requiring engine or drivetrain dismantling. Whenever trucks or heavy
equipment are repaired, even for oil changes, lubrication, minor tune-ups,
installation of batteries, tires, and similar minor repairs, the establishment
shall be considered to be a repair garage.
Any establishment selling motor vehicles, new or used, supplies
and accessories, and including service and repair facilities.
Any establishment with space for the sale and storage of
new or used motor vehicles, but not including the dispensing of gasoline
and fuel, service or repairs.
Any establishment servicing motor vehicles with fuel, oil
lubricants, and other supplies, parts, and equipment not requiring
extensive or prolonged mechanical work for installation service work
offered shall be limited to the replacement of minor mechanical parts
not requiring engine or drivetrain dismantling.
The land lines that connect a telecommunication provider's
personal wireless communications service facilities to one or more
cellular telephone switching offices and/or long-distance providers
or the public telephone switching network.
A portion of the building partly underground, but having
less than 1/2 of its clear height below the average grade of the adjoining
ground.
[4]A building included in the Historic Sites Survey of Delaware
Township that has been adapted or converted from a structure or group
of structures originally intended only as a private residence; that
has five or fewer bedrooms [exclusive of the bedroom(s) occupied by
the owner] with sleeping accommodations for no more than 12 persons;
that has at least one of its units occupied by the owner as his/her
principal residence; and that provides sleeping accommodations for
transient guests and also provides them with a meal in the forenoon
of each day.
The subdivision of lots by two adjoining owners and exchange of land solely for the purpose of realigning their common boundary, as described in § 230-84C(2) of this chapter.
The subdivision of a portion of a lot and combination with an existing adjoining lot, as described in § 230-84C(1) of this chapter.
An area consisting of trees, shrubs, fencing, earth berm
or a combination of all, so installed as to provide both a visual
and acoustical barrier between properties. Fencing may be substituted
to meet only part of the requirement and must be supplemented with
plantings, as approved by the Board.
[Added 2-14-2005 by Ord. No. 2005-03LU]
The area remaining to a tract, after deductions for all of the
following:
All areas of roads and transmission rights-of-way, including
the area of proposed roads within the development tract but excluding
easements or rights-of-way required for widening of existing roads
abutting the tract boundaries;
All areas of existing conservation and open space easements;
All areas of other existing restrictive covenants and easements;
and
Resource protection areas pursuant to Article XII of this chapter.
The buildable tract area is used to determine where the lot
yield shall be located within the tract; it is not intended to be
used to reduce the lot yield.
A combination of materials forming a construction adapted
to permanent, temporary, or continuous use or occupancy and having
a roof.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof. Chimneys, spires, water towers, tanks,
and similar projections other than signs, shall not be included in
the calculation of building height.
Any trailer, used or associated with a home occupation/home-based
business, with a length less than 26 feet and a weight ration not
greater than 15,999 pounds.
[Added 2-25-2019 by Ord. No. 2019-01]
A building or structure or portion thereof where vehicles
are washed or cleaned with the use of mechanical devices.
A person hired to take care of a house and/or grounds for
the owner of a lot or a person hired to take care of an elderly or
ill person who is full or part owner of the property.
Lodging, including separate sleeping, bathing, and kitchen
facilities for a caretaker and his or her family.
Surface waters that have been identified in the Surface Water
Quality Standards, N.J.A.C. 7:9B-1.15, for protection from degradation
in water quality characteristics because of their clarity, color,
scenic setting, and other characteristics of aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, or exceptional fisheries, and value as
resources.
[Added 10-29-2007 by Ord. No. 2007LU][5]
A certificate issued by the Construction Official upon completion
of the construction of a new building or upon a change in the use
of a building which certifies that all requirements of this chapter,
or such adjustments which have been granted by the appropriate agency,
and all other applicable requirements and conditions have been complied
with.
A plan for soil erosion and sediment control endorsed in
writing by the Planning Board, said endorsement indicating that the
plan meets the standards promulgated by the State Soil Conservation
Committee pursuant to Chapter 251, P.L. 1975, or that the time allotted
in Section 7 of such act has expired without action by the Planning
Board.
Any place used for the administering of medical or dental
treatment free, or at a low cost, or any place used as an inpatient
or outpatient medical or dental treatment center wherein certain medical
or dental conditions and disorders are treated primarily through surgical
intervention that is not commonly performed in normal, private medical
or dental practice.
A nonprofit corporation, organization, or association of
persons that owns or leases a building or part thereof for the use
of members or guests. Said clubs or lodges shall have been principally
established for the promotion of a common objective and shall be distinctly
not considered as a quasi-public use under the provisions of this
chapter.
The New Jersey Council on Affordable Housing.
Any vehicle with a gross combined vehicle weight not more
than 25,999 pounds.
[Added 2-25-2019 by Ord. No. 2019-01]
Retail stores and offices and related uses as provided for in § 230-18B(1), 230-19C(1), and 230-20C(1) of this chapter.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use of residents and owners of the development.
A complete application is an application for development ruled complete by a municipal agency or its authorized committee or designee for purposes of commencing the applicable time period for action by the municipal agency. See § 230-82 of this chapter.
The sketch map and accompanying written information of a
subdivision or site plan of sufficient accuracy to be used for the
purpose of discussion and classification and meeting the concept plan
requirements of this chapter.
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such as
contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
A written easement containing the terms and provisions set
forth in Appendix I of this chapter.[6]
A written easement containing the terms and provisions set
forth in Appendix II of this chapter.[7]
An official document or certificate issued by the Construction
Code Official having jurisdiction authorizing the erection, alteration,
repair, renovation, demolition or removal of any building or structure,
and the excavation, filling, grading and regulation of lots in connection
therewith, in accordance with the State of New Jersey Uniform Construction
Code Act[8] and all local ordinances.
A public body appointed by the Hunterdon County Freeholders
pursuant to the Agriculture Retention and Development Act (P.L. 1983,
c.32).[9]
Those areas of the tract in steep slopes, floodplains, wetlands,
NJDEP-required wetlands transition areas, NJDEP-required Special Resource
Protection Areas for C-1 waters, streams, required stream corridors
and land under water (except swimming pools) that are unable to support
development. Where the NJDEP permits encroachments into otherwise
required Special Resource Protection Areas for C-1 waters, the areas
of such encroachment shall be excluded from this definition.
[Added 2-14-2005 by Ord. No. 2005-03LU]
A circular turnaround at the end of a public right-of-way.
The grade of the curb in front of the midpoint of the lot
as established by the Township Engineer.
The permitted number of dwelling units per gross acre of
land to be developed.
A stream corridor that has been delineated on a site as a result of an approved development pursuant to § 230-126 of this chapter.
[Added 10-29-2007 by Ord. No. 2007-30LU]
A detention basin or alternative structure involving the
creation of an embankment and associated space for impoundment of
water or, alternatively, the creation of space for the impoundment
of water partially or entirely by excavation, for the purpose of temporarily
detaining stormwater runoff.
The legal or beneficial owner or owners of a lot or of any
land to be included in a proposed development including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means: any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.[10]
[Amended 3-27-2006 by Ord. No. 2006-08LU]
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by COAH rules.
The removal of surface water or groundwater from land by
grading, drains, or other means; the control of runoff during and
after construction or development to minimize erosion and sedimentation;
assuring the adequacy of existing and proposed culverts and bridges;
action taken to induce water recharge into the ground, decrease nonpoint
pollution, maintain the integrity of stream channels for their biological
functions as well as for unobstructed flow; alleviate flooding, and
preserve the water supply.
A public drainageway as defined herein and as set forth in
the applicable portions of Appendix III of this chapter.[11]
A natural or man-made watercourse, ditch, channel or detention
facility by which water is conveyed seasonally or year-round.
Any lane, way, or entrance to or from a public road, to or
from an approved major subdivision road dedicated but not accepted
by the municipality, or to or from a private accessway. A driveway
is "modified" when it is paved, widened, narrowed, or when its location
or grade is changed.
A house or other structure or a portion of any building or
structure designed, arranged or used for living quarters for one or
more persons living as a single housekeeping unit with cooking and
bathroom facilities, but not including units in hotels or other structures
designed for transient residence.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
Separate living quarters, accessory to a primary residence
on the premises, not exceeding 720 square feet of gross floor area
for the use of and occupancy by not more than two persons who are
relatives by blood, marriage or adoption of the owner/occupant of
the primary residence on the premises. If the ECHO unit is to be occupied
by only one occupant who is a relative by blood, marriage or adoption
of the owner/occupant of the primary residence on the site, a second
occupant can only be a "caregiver" to the ECHO unit resident. One
or both of the ECHO unit occupant(s) shall be 60 years of age or older.
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 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.
The detachment and movement of soil or rock fragments by
water, ice or gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The Federal Aviation Administration.
The total wall surface, including door and window areas,
of a building's face. Each wall surface shall be considered a separate
facade.
One or more persons living together and occupying a dwelling
unit as a single nonprofit housekeeping unit.
A structure used either to house animals or to store animal
feed, seeds, plants produce, trucks or equipment used for the purpose
of agricultural production and located on land that is farmland assessed.
Farm stands are not farm buildings for the purpose of this definition.
A scheme which provides for agricultural use of land within
its capabilities and within practical limits, according to chosen
use to prevent further deterioration of soil and water resources.
The Federal Communications Commission.
The official action of the municipal agency taken either
on a site plan or on a major subdivision which has received preliminary
approval after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guarantees properly posted for their completion.
The final map of all or a portion of the subdivision which
is presented to the municipal agency as provided for in this chapter,
drawn in accordance with the requirements of the Map Filing Law, Chapter
141, P.L. 1960,[12] for the purpose of filing same with the County Clerk's
Office.
A lot which is configured in the general shape of a flag
and flagpole, where the flagpole is owned in fee simple as part of
the lot and provides direct access to a paved public street.
The flood hazard area exclusive of the floodway.
The floodplain, including the floodway and the flood-fringe
area.
Areas subject to inundation by water in the one-hundred-year
flood as identified in "The Flood Insurance Study for the Township
of Delaware," prepared by the Federal Emergency Management Agency
and dated on or before July, 1981, unless a more specific delineation
has been undertaken by the NJDEP.
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream.
An accessory building or part of a principal building used
only for the storage of motor vehicles as an accessory use. In a residential
zone, a garage is intended for and used for storing privately owned
motor vehicles, boats and trailers and personal belongings of the
family or families resident in the principal residential use on the
lot.
The terms and/or conditions set forth in this chapter under
which preliminary approval is granted, including plat details, improvements
and design standards.
The area of all floors of a building intended or proposed
for human occupancy, including interior balconies and mezzanines,
but excluding exterior balconies. All horizontal dimension of each
floor are to be measured by the exterior faces of walls of each such
floor. The gross floor area of buildings on a lot shall include the
floor area of accessory buildings on the same lot, measured the same
way.
Lodging, including separate sleeping and bathing but not
separate kitchen facilities, for persons who maintain a legal address
elsewhere.
See also "building height." When referring to a structure
that is not a building, the term "height" shall mean the entire distance
measured from the lowest finished grade at the base of the structure
to the highest point of the structure including the base pad and any
appurtenances extending beyond the top of the structure.
An accessory use of a dwelling unit or accessory building for lawful gainful employment by a Township resident. Such use must be clearly incidental and secondary to the use of the premises for the resident's living purposes and must be located and conducted so that a person in the community would not be aware of its existence under normal circumstances, as described in Article XI, § 230-104.
[Added 2-25-2019 by Ord. No. 2019-01]
An accessory use of a dwelling unit or accessory building for lawful gainful employment. Such use must be clearly incidental and secondary to the use of the premises for residential purposes and must be located and conducted so that a person would not be aware of its existence under normal circumstances, as described in Article XI, § 230-104.
[Amended 2-25-2019 by Ord. No. 2019-01]
Any land area that is covered with or underlain by man-made
materials or that is compacted by regular vehicular use, where the
infiltration of rainwater or runoff into said land area is reduced
below the infiltration rate that exists under natural conditions.
Impervious surfaces shall include but not be limited to: any structure
or improvement on, over or beneath the surface of the land that reduces
or prevents the natural rate of infiltration of rainwater into the
ground directly beneath it; paved or gravel covered parking areas
and driveways; and any type of man-made ground cover that reduces
the natural rate of infiltration of rainwater.
[Added 10-10-2006 by Ord. No. 2006-24LU; amended 10-29-2007 by Ord. No.
2007-30LU]
Any use permitted under the provisions of § 230-22B of this chapter.
[Amended 6-28-2010 by Ord. No. 2010-06LU]
A lot, or structure, or part thereof, used primarily for
the collecting, storage, and sale of wastepaper, rags, scrap metal
or discarded material; or for the collection, dismantling, storage
and salvaging of machinery and/or motor vehicles.
The solid part of the earth's surface, including improvements
and fixtures on, above, or below the surface. Also, any ground, soil
or earth including wetlands, drainageways and areas not permanently
covered by water within the municipality.
Any activity involving the clearing, excavating, storing,
grading, transporting, filling and any other activity which causes
land to be exposed to the danger of erosion, but does not include
agricultural practices.
Areas containing trees, shrubs, and groundcovers, pedestrian
and recreation areas, ponds, streams or any other areas or features
which can be reasonably included, but shall not include areas occupied
by buildings or structures, paving for parking, loading or access
thereto, required buffers, or areas utilized for outside storage.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
An area of land which is determined by the limits of the
lot lines bounding the area and shall be expressed in terms of both
square feet and acreage to the nearest hundredths. Any portion of
a lot included in a street right-of-way shall not be included in calculating
the lot area for subdivision purposes.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The area or portion of a lot or parcel covered by any impervious
surface, including building coverage and coverage by parking, loading,
walkways and other impervious surfaces, but excluding gravel driveways.
The average measured distance of a line drawn from the street
line to the rear lot line at right angles to the front property line.
Where the front property line is an arc of a circle or is irregular
in shape, the depth shall be the average distance between the front
and rear lot lines, providing that, for triangular lots having no
real rear lot line, the distance shall be measured to the midpoint
of a line, not less than 10 feet in length measured from side lot
line to side lot line, drawn parallel to the front lot line. For a
corner lot, the lot depth shall be measured along the greater of the
two street frontages.
A line of record bounding a lot or parcel of land.
A lot that does not have frontage on a public right-of-way.
Lot suitability requires that land proposed to be developed for residential use be suitable for development. For purposes of determining lot suitability, compliance with the provisions of § 230-12G(1) shall be required.
A lot which extends its length from one street to another.
The mean horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, the mean lot width shall not be less than the required lot width. In all lots, whether or not of irregular shape, it must be possible to inscribe a circle with a diameter equal to the minimum lot width specified in § 230-24 of this chapter. For a corner lot, the lot width shall be measured along the lesser of the two street frontages.
The number of dwelling units permitted to be developed on
a tract, calculated based on the area remaining to the tract, after
deductions for all of the following:
[Added 2-14-2005 by Ord. No. 2005-03LU]
All areas of roads and transmission rights-of-way, including
the area of proposed roads within the development tract but excluding
easements or rights-of-way required for widening of existing roads
abutting the tract boundaries;
All areas of existing conservation and open space easements;
All areas of other existing restrictive covenants and easements
not imposed as the result of a prior development approval; and
Critical resource protection areas pursuant to Article XII of this chapter, divided by the number of acres required for each dwelling unit in the zone.
Any security, including cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
A system of fuel cells, solar or photovoltaic panels and
equipment for the production of energy that is not a minor photovoltaic
energy facility of structure.
[Added 8-8-2011 by Ord.
No. 2011-06LU]
Any subdivision that is not a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as adopted by the Planning Board.
A fuel cell, solar or photovoltaic panel or system of panels
for the collection of energy and conversion to electrical energy,
which is located on the power beneficiary's premises; is designed
and intended primarily to offset up to 110% of the beneficiary's requirements
for energy consumption on site as documented through the submission
of power company electricity usage bills or another form of documentation
acceptable to the Delaware Township Zoning Officer; and is secondary
to the beneficiary's use of the premises for other lawful purposes.
[Added 8-8-2011 by Ord.
No. 2011-06LU]
A subdivision of land that:
Meets the requirements set forth in § 230-84A of this chapter;
Does not involve a planned development, any new public street
or the extension of an off tract improvement, the cost of which is
to be prorated pursuant to N.J.S.A. 40:55D-42 of the Municipal Land
Use Law, as amended; and
Does not adversely affect the land remaining or adjoining property.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place, and
aid in establishing plant cover.
Any of the following: the Planning Board, the Zoning Board
of Adjustment, the Township Committee or the Construction Official,
whichever has the statutory authority to act on a matter. The word
"agency" shall mean "municipal agency."
A lot, the area, dimension or location of which does not
conform with the provisions of this chapter for the zone in which
the lot is located.
A structure, the size, dimension or location of which does
not conform with the provisions of this chapter for the zone in which
the lot is located.
A use of a building or land that does not conform with the
provisions of this chapter for the zone in which the building or land
is located.
A map adopted by ordinance pursuant to the Municipal Land
Use Law, as amended,[13] or any other prior statute authorizing such adoption.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part), which is the subject
of a development application, or the contiguous portion of a street
or right-of-way.
Located outside the property which is the subject of a development
application or outside a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any person, firm, association, syndicate, partnership, corporation
or any combination thereof having title of record to the land sought
to be developed.
An off-street space available for the parking of a motor
vehicle which in this chapter is held to be an area of 10 feet wide
and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto, except that all parallel off-street
parking spaces shall have an area at least 10 feet wide and 22 feet
long.
Any security including cash which may be accepted by the
municipality in lieu of requirements in this chapter that certain
improvements be made before final approval is granted; provided that
the municipality shall not require more than 10% of the total performance
guarantee in cash.
A certificate issued to perform work under this chapter.
A use of a building or land that conforms with the provisions
of this chapter.
Any facility for the provision of wireless communications
services, including but not limited to antennas, antenna support structures,
and related facilities.
The Municipal Planning Board established pursuant to Article V of this chapter.
A map or maps of a subdivision or site plan.
Any antenna support structure or antenna for which a construction
permit has been issued prior to the effective date of this regulation,
including approved personal wireless communications service facilities
that have not yet been constructed, as long as such approval is current
and has not expired, and including any existing personal wireless
communications service facility.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of the adoption of this chapter.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
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 reasons
of such adoption, revision or amendment.
The conferral of certain rights pursuant to this chapter,
prior to final approval, after specific elements of a subdivision
or site plan have been agreed upon by the municipal agency and the
applicant.
The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the municipal agency and is accompanied by the information required by Article IX of this chapter.
A building on a lot in which the principal use of that lot
is conducted.
A use which is the major use of the lot. In any residential
zone, a dwelling on a lot shall be deemed the principal use of that
lot.
The three most productive soil groupings as set forth in
Appendix IV of this chapter.[14]
The disturbance of more than 5,000 square feet of the surface area of land, except that the construction of a single-family dwelling unit shall not be deemed a "project" unless such unit is part of a proposed subdivision, site plan, conditional use, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units, and further excepting disturbances for valid agricultural purposes and home gardening. However, a "project" shall include a minor subdivision where any lot or any portion thereof is located in a natural resource area identified in § 230-116B of this chapter.
An extension of a building which protrudes or projects out
from the vertical plane of the building not more than two feet.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or the land required along a natural stream
or watercourse for preserving the channel and adjoining flood fringe
to safeguard the public against the results of flood damage, sedimentation
and erosion.
An open space conveyed or otherwise dedicated to the municipality,
Board of Education, state or county agency, or other public body,
for recreational or conservation uses.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
See "personal wireless communications service facility (PWSF)."
The permitted number of lots within developable acreage.
Those areas of the tract that are either unable to support development or are undesirable for development based on the goals, objectives and policies of the Delaware Township Master Plan, including both Critical Resource Protection Areas and other physical features and characteristics enumerated in Article XII.
[Added 2-14-2005 by Ord. No. 2005-03LU]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances designed
to combine existing lots by deed or other instruments.
See "private accessway."
A publicly owned right in land which gives to the general
public the right to pass, traverse, or have utilities installed therein.
A nonprofit use primarily engaged in the education and instruction
of individuals in academic or religious subjects from kindergarten
through Grade 12; and administered, supervised and directly affiliated
with an exempted nonprofit religious organization.[15]
Any school operated under the administrative authority of
a duly constituted state, county, regional or municipal Board of Education.
A visual barrier made up of planted or architectural materials
for the purpose of preventing the view of an object or area by the
general public.
The geographic area, within which a proposed personal wireless
communications service facility is being sought to provide additional
service coverage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin or
has been deposited by air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel or other material.
A roadway at least 22 feet in width which provides common
access to two or more uses, and, where adjacent to a public right-of-way,
is separated from that right-of-way by a planting strip at least five
feet wide.
The minimum horizontal distance between the street, rear
or side lot lines and the closest part of the front, rear or side
walls of the building. When two or more lots under one ownership are
used, the exterior property lines so grouped shall be used in determining
setbacks. The front setback shall be measured from any future right-of-way
line as adopted in the Master Plan.
An area established in accordance with the requirements of
this chapter, in which nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to obstruct vision between
a height of 30 inches and 10 feet above the center line grade of the
bordering street or driveway.
Any device, structure or object, including painted wall signs
for visual communication that is used for the purpose of advertising
the property or establishment upon which the display is exhibited,
but not including any flag of any public or religious group. A sign
may be freestanding or attached to or painted on and flush with any
exterior surface of a building.
The maximum projected area of the shape which encloses the
sign, device or representation. In the case of lettering attached
to building facades, the sign area shall be the product of the maximum
vertical dimension multiplied by the maximum horizontal dimension
of all lettering and symbols which form the sign, including the empty
space between the letters and symbols.
Any notice or advertisement, pictorial or otherwise, used
as an outdoor display not related to a use on the lot, regardless
of its size or dimension.
A sign that is both attached to and perpendicular to an exterior
wall of a building and overhangs the street right-of-way.
A sign attached on a roof that projects higher than the highest
part of the building. Also includes signs inscribed or painted on
a roof except as required by Federal Aeronautical Authorities.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Such other information as is required pursuant to Article X of this chapter.
All unconsolidated mineral and organic matter of any origin.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
N.J.S.A. 4:24-7 et seq.
A plan prepared in accordance with the provisions of this
chapter and approved by the Hunterdon County Soil Conservation District,
which establishes measures to control soil erosion and sediment.
A public body appointed by the Governor of the State of New
Jersey pursuant to the New Jersey Agriculture Retention and Development
Act (P.L. 1983, c. 32).[16]
A structure that has been designed to camouflage or conceal
both its function as an antenna support structure and the presence
of the antenna(s), such as a man-made tree, clock tower, bell tower/church
steeple, light pole, flagpole or similar structure. The term includes
any existing structure, such as a barn, a silo, an elevated water
storage tank or tower supporting overhead electrical transmission
lines, on which one or more antenna(s) are mounted and/or proposed
to be mounted, that was not originally constructed for such purpose.
Slopes over 15%.
A plan prepared in accordance with the provisions of this
chapter which provides for protection against the destructive effects
of stormwater runoff.
A space in a building between the top surface of any floor
and the upper surface of the floor next above, or if there be no floor
next above, then the space between such floor and the roof above.
Underground space shall be considered a story, when the upper surface
of the floor next above is more than six feet above the adjacent ground
elevation at any point.
A flow of surface water moving over a bed and within banks
that confine and conduct the water's flow, including both perennial
streams and intermittent or ephemeral streams and the headwaters thereto.
"Perennial stream" means a stream that flows continuously throughout
the year in most years and that appears as a blue line on the USGS
topographic quadrangle maps or on the USDA County Soil Survey maps.
"Intermittent" or "ephemeral" stream means a surface water drainage
channel with a definite bed and banks in which there is not a permanent
flow of water and that appears as a dashed line on either the USGS
topographic quadrangle maps or the USDA County Soil Survey maps of
the most recent edition that includes hydrography.
[Added 10-29-2007 by Ord. No. 2007-30LU]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or municipal roadway;
Is shown upon a plat heretofore approved pursuant to law;
Is approved by official action as provided in the Municipal
Land Use Law; or
Is shown on a plat duly filed and recorded in the office of
the County Recording Officer prior to the appointment of a planning
board and the grant to such board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
That line determining the limit of the highway rights of
the public, either existing or contemplated. "Street line" and "right-of-way
line" are synonymous.
Those streets identified in the Master Plan of Delaware Township
which carry fast and heavy traffic.
Those streets which are used primarily for access to the
abutting properties.
A street or portion thereof which is located in a residential
zone.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface including clearing and grubbing operations,
but excepting agricultural practices.
A combination of materials to form a construction for occupancy,
use, or ornamentation, whether installed on, above, or below the surface
of a parcel of land.
An owner, or his designee, commencing subdivision proceedings
under this chapter.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels, or other divisions of land for sale or development.
The following shall not be considered subdivisions if no new streets
are created:
Divisions of land found by the Planning Board to be for agricultural
purposes based on the commitment of the land to continued agricultural
use for a minimum period of not less than eight years and based upon
the Board's finding that the proposed division will either enhance
agricultural usage and production or at least prevent a decrease in
the existing level of agricultural usage and production, and where
all resulting parcels are five acres or larger in size. See "agricultural
division."
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tract, or parcels
of land owned by the same person or persons, and all of which are
found and certified by the Administrative Officer to conform to the
requirements of the development regulations of this Township and are
shown and designated as separate lots, tracts or parcels on the Township
Tax Map.
The term "subdivision" shall also include the term "resubdivision."
A subcommittee of Planning Board members appointed by the
Chairperson of the Planning Board for the purpose of classifying subdivisions
and site plans in accordance with the checklists and provisions of
this chapter, of reviewing concept plans, and of recommending at what
point of time an application for development is complete. This subcommittee
shall consist of at least three members, but the number of voting
members appointed to serve thereon shall always be less than a majority
of the voting members of the Board.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the regulations
promulgated thereunder. A grant of substantive certification shall
be valid for a period of six years in accordance with the terms and
conditions contained therein.
A swimming pool located as an accessory use on the same lot
as the principal use it serves, is utilized only by the owner or his
nonpaying guests, and is not operated for profit.
A swimming pool open to the general public or open to members
only of a club or organization, whether operated for profit or not.
A tennis court located as an accessory use on the same lot
as the principal use it serves, is utilized only by the owner or his
nonpaying guests, and is not operated for profit.
The aggregate amount of contiguous land owned in a single
tax block by an applicant for development.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Any use of land or structures thereon which is owned and
used by the federal, state, county or municipal governments. "Public
use" shall also include property not owned by the municipality, but
leased or used for municipal purposes.
Any use which is public in nature but owned and used by a
private interest group. Quasi-public uses include churches, parish
houses, nonpublic schools, historic sites and similar uses, but does
not include clubs or lodges, as defined in this section.[17]
The use of a building or part of a building as a dwelling
unit.
The word "use" and/or "used" shall refer to any purpose for
which a lot or land or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available, or offered for use,
or erected, reconstructed, altered, enlarged, moved or rebuilt with
the intention or design of using the same.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-70c, and
N.J.S.A. 40:55D-70d of the Municipal Land Use Law, as amended.
Any area defined as a wetland in accordance with § 230-116C(2) of this chapter.
An open space on the same lot with a principal building identified
by setback lines located in accordance with development standards
of this chapter, which is open, unoccupied, and unobstructed by buildings
from the ground to the sky, except as otherwise provided in this chapter.
The yard extending across the entire width of the lot between
the street line and the front setback line.
The yard extending across the entire width of the lot between
the rear lot line and the rear setback line.
A yard extending along the side lot line from the front yard
to the rear yard and lying between the side lot line and the side
setback line.
The Delaware Township Zoning Board of Adjustment established pursuant to Article VI of this chapter.
The individual responsible for enforcement and interpretation
of the Land Use Ordinance provisions of the Township of Delaware and
other issues pertaining to zoning and use of property in the Township.
[Added 6-24-2019 by Ord. No. 2019-15]
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement or continuation
of a use, change in use, or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building
and which acknowledges that such use, structure or building complies
with the provisions of the municipal zoning/land use ordinances or
variance therefrom duly authorized by a municipal agency.
[Added 6-24-2019 by Ord. No. 2019-15]
[1]
Editor's Note: See N.J.S.A. 4:1C-11 et seq.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: Appendix I is included as an attachment to this chapter.
[7]
Editor's Note: Appendix II is included as an attachment to this chapter.
[8]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[9]
Editor's Note: See N.J.S.A. 4:1C-11 et seq.
[11]
Editor's Note: Appendix III is included as an attachment to this chapter.
[12]
Editor's Note: Repealed 2011, c. 217; see now N.J.S.A. 46:26B-1
et seq.
[13]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[14]
Editor's Note: Appendix IV is included as an attachment to this chapter.
[16]
Editor's Note: See N.J.S.A. 4:1C-11 et seq.
