For the purpose of this chapter, the word "person" includes
a firm, association, organization, partnership, trust, company or
corporation as well as an individual. The present tense includes the
future, the singular number includes the plural and the plural includes
the singular. The word "shall" is mandatory; the word "may" is permissive.
The words "used" or "occupied" include "intended, designed or arranged
to be used or occupied." The word "zone" includes the word "district"
and "district" includes "zone."
Unless otherwise stated in context, the words and phrases set
forth in the following subsections shall have the meanings therein
indicated:[1]
A subordinate use or structure, the purpose of which is incidental
to that of the main use or structure and on the same lot therewith,
except that a structure containing a dwelling unit designed for year-around
occupancy shall not be considered an accessory use or structure but
rather a principal use or structure, unless it is to be used for migrant
labor housing or for housing employees of a residential institution
for educational or charitable purposes.
[Amended 8-13-1981 by Ord. No. 192]
A story of a building that is partly underground which has
more than 1/2 its interior height, measured from the floor to finished
ceiling, below the average finished grade of the ground adjoining
the building.
The length of one side of a street between two street intersections.
A buffer may be defined as either a natural buffer which
is vegetated by native mature tree species at least 20 feet high at
time of review. Buffers shall be no less than 150 feet along the roadway
adjacent to the lots within the division, excluding the roadways,
resulting from the division, and shall be maintained in a natural
state. Where such buffers are established but are not vegetated with
tree material to serve as a visual buffer separating the proposed
lots from the roadway, a landscape plan shall be submitted which:
[Added 10-11-2001 by Ord. No. 342]
Provides a combination of evergreen and deciduous tree material
utilizing native plant species.
A minimum of 50% of the plant material shall be five feet in
height at time of planting for evergreen trees and 12 feet to 14 feet
in height feet for deciduous trees. All planting shall be spaced in
accordance with acceptable landscape architectural standards. Upon
planting, all plant material shall be guaranteed for a two-year period.
Undergrowth may be introduced in order to create natural habitat
features along the perimeter buffer. Landscaping shall not be included
in the sight triangle at the intersection of any roads so as to impede
the vision of drivers or pedestrians in such area.
Any structure having a roof supported by columns or walls,
including tents, lunch wagons, trailers, dining cars, camp cars or
other structures on wheels or other supports; and any unroofed platform,
terrace or porch having a vertical face higher than three feet above
the level of the ground from which the height of the building is measured.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof, to the
deck line of a mansard roof and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
The line parallel to the street at a distance therefrom equal
to the depth of the front yard required for the district under consideration.
A facility, operated for profit, providing the natural setting
upon which two or more campsites are located, established or maintained
for occupancy by camping units, for outdoor living in tents, camp
trailers or camp cars for periods of temporary occupancy of the general
public for a total of 15 days or more in any calendar year for recreation,
education or vacation purposes during the camping season extending
from March 1 through November 30 and which facility complies with
all of the requirements of Chapter XI of the New Jersey Sanitary Code,
as supplemented or amended by any applicable municipal ordinances.
A facility, operated by a public or nonprofit organization
designed to provide a natural setting for outdoor living combined
with recreational, educational or cultural activities on a formally
scheduled basis for periods of temporary occupancy.
The bed and banks of a stream which convey the normal flow
of the stream.
Any organization catering exclusively to members and their
guests or any organization for religious, vocational, civic or recreational
purposes which is not conducted for financial gain.
A design technique that concentrates building in specific
areas on a site to allow the remaining land to be used for recreation,
common open space, and the preservation of environmentally sensitive
features.
[Amended 10-11-2001 by Ord. No. 342]
A form of development for single-family residential subdivision
that permits a reduction in lot area and bulk requirements, provided
there is no increase in number of lots permitted under conventional
subdivision and the resultant land area is devoted to open space.
[Added 10-11-2001 by Ord. No. 342]
That percentage of the plot or lot area covered by all buildings.
A building designed or used primarily for family residence.
The word "dwelling" shall not include boarding or rooming houses,
hotels, motels or other structures designed or used for transient
residence.
Any house or building used for two or more dwelling units.
A detached building used for one dwelling unit only.
A building or part of a building used as a dwelling by a
single family, including equipment for cooking or provisions for the
same.
The contents of an EIS shall pertain to the particular site
under study and shall be prepared by a licensed professional engineer,
professional planner or other professional individual licensed and
experienced in environmental sciences and shall:
[Added 8-8-1991 by Ord. No. 271]
Provide a description of the proposed development;
Provide an inventory of existing environmental conditions at
the site and surrounding areas within 500 feet, which includes but
is not limited to air quality, surface and ground water, water supply,
sewage disposal, hydrology, geology, soil, topography, vegetation,
wildlife, aquatic organisms, pollution sources, ecology, endangered
species (threatened and/or existing on site and/or in surrounding
areas, as determined by the Planning Board of Alloway Township), demography,
land uses, aesthetics, history, archeology and any and all requirements
that may fall beyond the scope of this list and that the Planning
Board or Zoning Board of Adjustment of Alloway Township[2] may find necessary to add, at the time of or during the
hearing of the application for development;
Provide a list of all licenses, permits and approvals required
by law from any and all other agencies;
Provide an assessment of probable impact of the proposed development
upon all inventory items, including items that the Planning Board
or Zoning Board of Adjustment of Alloway Township[3] may be required to add at the time of or during the hearing
of the application for development;
Provide a list of all adverse environmental impacts which, in
the opinion of the applicant, cannot be avoided;
Describe steps proposed by the developer to minimize the adverse
impacts during and after construction;
Describe what alternatives exist to/for the proposed development;
Provide a municipal fiscal impact analysis;
Provide such other information necessary to evaluate the impact
of the development upon the environment; and
Provide relevant lists of reference sources used to prepare
the EIS.
Structures and physical improvements, whether publicly or
privately owned, necessary to permit the orderly development of an
area, including such facilities as streets, water, sewage, gas, telephone
and electric lines; supporting structures such as manholes, catch
basins, pumping stations, solid waste collection stations, transformer
stations and utility poles; but not including generating or storage
plants, processing stations, maintenance yards or administration headquarters
facilities.
One or more persons occupying a single housekeeping unit
and using common cooking facilities, provided that, unless all members
are related by blood, marriage or adoption, no family shall contain
over six persons.
Any building used for storing agricultural equipment or farm
products or housing livestock or poultry. The term "farm building"
shall not include a residential dwelling.
Includes all activities allowed pursuant to N.J.S.A. 4:1C-1 et seq., Right to Farm Act, as well as the following: which shall be permitted in an agricultural zone as a conditional use in accordance with § 75-65 if conducted in conjunction with an agricultural use: landscaping/lawn care operations; parties/weddings/banquets at wineries; processing/cutting wood not harvested on landowner's property; horse training, boarding, riding lessons, tack sales; agritourism; processing produce not grown on landowner's property, farm equipment repair and sales and seed processing and sales. It expressly does not include any of the six classes of cannabis licenses, or activities selling, distributing, cultivating, growing and/or facilitating the sale and/or use of either recreational and/or medicinal marijuana, including any ancillary or related paraphernalia.
[Added 3-15-2007 by Ord. No. 398; amended 6-17-2021 by Ord. No. 536]
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
The area adjoining any natural stream and including any water-
or drainage course or body of water subject to periodic flooding or
overflow and shown as a special flood hazard area on the Flood Hazard
Boundary Maps for the Township prepared by the Federal Insurance Administration.
Any portion of a floodplain lying within 50 feet of the adjacent
channel edge of a natural stream or within 25 feet from the edge of
a lake or center line of any watercourse other than a natural stream.
The sum of the total horizontal areas of the several floors
of a building, excluding basement space, unless designed to be used
for customary visits by commercial clientele, but including the area
of permanent roofed porches and terraces. All dimensions shall be
measured from the outside face of exterior walls or from the center
line of party or common walls.
The area fully enclosed by the inside surfaces of walls,
windows, doors and partitions and having headroom of at least six
feet six inches, including living, eating, cooking, sleeping, storage,
circulation, service, utility and other related household spaces,
but excluding garages, carports, porches, unheated sheds and basements.
Attics or portions thereof may be considered "habitable floor area,"
provided that they are fully finished and meet the proper height requirements.
A multiple-family dwelling structure not more than two rooms
in depth or 2 1/2 stories in height, designed as part of a residential
project under single management, providing joint or common use of
open areas by occupants, whether for recreation, parking or other
purposes.
Any area of land, including the structures thereon, used
for the retail sale of petroleum products or sale of motor vehicle
accessories and services.
The raising of agricultural or horticultural products, livestock,
poultry and their resultant products. Includes all activities allowed
pursuant to N.J.S.A. 4:1C-1 et seq., Right to Farm Act as well as
other activities defined further in "farm business" but does not include
any of the six classes of cannabis licenses, or selling, distributing,
cultivating, growing and/or facilitating the sale and/or use of either
recreational and/or medicinal marijuana, including any ancillary or
related paraphernalia.
[Amended 6-17-2021 by Ord. No. 536]
The total acreage of the site to be developed, excluding
land subject to utility or drainage easements or within floodplains
as defined in this chapter.
The total area of the site.
[Added 3-15-2007 by Ord. No. 398]
An occupation or profession which is clearly incidental to
the use of the lot and dwelling for residential purposes; which is
carried on by a member of the family residing on the premises; which
does not involve more than one employee not living on the premises;
which does not occupy more than 20% of the principal residential structure
nor more than 300 square feet of any accessory structure; which does
not have any exterior evidence of such secondary use other than permitted
signs; and which does not include the storing of any stock-in-trade
outside a principal or accessory building. In connection with the
operation of a home occupation, only external operations which are
customary to residential buildings shall be permitted. In the case
of any home occupation involving customer or patient visitation, adequate
off-street parking shall be provided in conformance with standards
contained in this chapter. No such use requiring more than five parking
spaces shall be permitted.
A housing development containing both affordable units and
market rate units. This term includes, but is not necessarily limited
to: new construction, the conversion of a nonresidential structure
to residential and the creation of new affordable units through the
reconstruction of a vacant residential structure.
[Added 3-15-2007 by Ord. No. 401]
The facilities and services needed to sustain residential,
commercial, industrial, institutional, and other activities.
[Added 3-15-2007 by Ord. No. 398]
An educational institution of higher learning chartered by
the State of New Jersey or a private educational institution approved
by and subject to regulations prescribed by the State of New Jersey
and giving instruction or affording facilities for study in academic
or technical subjects only at or above the college level.
The use of more than 1,000 square feet in the case of an
agricultural parcel or more than 200 square feet of any other lot,
or the use of any portion of that half of any lot adjoining a public
thoroughfare for the storage, keeping, processing or abandonment of
wastepaper, rags, scrap metal or other discarded material or the dismantling,
demolition or abandonment of automobiles, other vehicles, machinery
or parts thereof shall be deemed to constitute a "junkyard."
Any building or land parcel used for the keeping of dogs
and/or other household pets. The keeping of more than five such adult
animals on any one property shall be deemed to constitute a kennel.
The removal of sand, gravel, clay or other materials from
the ground for sale or other commercial or industrial purpose other
than such as may be incidental to any permitted agricultural use or
to excavating or regrading in connection with or anticipation of building
development or landscaping a building site. Such operation shall be
deemed to include all operations customarily involved in connection
with such removal.
Any off-street space not less than 12 feet in width, 60 feet
in length and 14 feet in height available for the loading or unloading
of trucks, having direct access to a street or alley and so arranged
that no vehicle is required to back into a street.
Any area of land occupied, or to be occupied, by one principal
building and its accessory buildings, and including the open space
required under this chapter. Any portion of a lot included within
25 feet of the center line of a public right-of-way shall not be included
in calculating any maximum or minimum building standard.
A lot bounded on two or more sides by a public right-of-way.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
The horizontal distance measured along the full length of
the front lot line. In the case of a corner lot adjoining a major
and a minor street, the property line abutting the minor street shall
be considered as the frontage.
The right-of-way of the street or road on which the lot fronts
or abuts. In the case of corner lots, required front yard setbacks
from both streets shall be required.
A lot line other than a street line which is the farthest
lot line from the street.
Any lot line not a front lot line or a rear lot line, including
the outer boundaries of an offset portion of a lot.
The distance between the side lot lines measured at right angles to the depth of the lot, either along the lot frontage or, under § 75-24 at the minimum front yard building setback line.
Any farm building, other than a principal dwelling, which
complies with state and local migrant housing laws, used or intended
for use on a temporary basis as a place of abode for farm laborers.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon public streets or highways and being
constructed in such a manner as will permit its occupancy as a place
of day-to-day habitation for one or more persons. This term shall
also include automobile trailer, house trailer and trailer coach,
excepting therefrom travel trailers.
A preconstructed dwelling unit, constructed off the premises
in sections, that complies with Uniform Construction code requirements
for single-family dwellings.[4]
A naturally eroded channel with visible evidence of banks
and bed, as distinguished from a swale which shows no evidence of
natural erosion, except occasional gullying, and from a ditch, which
is an artificially excavated channel.
The portion of the cluster development that may be developed
or used for common open space, after delineating and excluding wetlands,
floodplains, steep slopes, and other sensitive natural resource areas
as delineated in the Alloway Township Environmental Resources Inventory,
as well as any other state, federal, county or locally regulated constrained
areas.
[Added 3-15-2007 by Ord. No. 398]
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Zoning Ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Portion of site set aside in perpetuity for protection of
farmland, natural resources and other values as enumerated in the
purpose. Some portion of the open space established must be accessible
to residents unless it is consists of farmland.
[Added 10-11-2001 by Ord. No. 342; amended 3-15-2007 by Ord. No.
398]
A space off the street right-of-way which, exclusive of driveways
and aisles giving access thereto, is not less than 10 feet wide and
20 feet long and which is available and accessible for the parking
of a motor vehicle.
The official established Planning Board of the Township of
Alloway.
The boundary lines of land used or intended for use as streets
and from which setback and other requirements shall begin. Where existing
records are vague or show a lesser dimension, they shall be considered
to be not less than 50 feet apart, 25 feet from the center line thereof.
A permanent structure, together with its surrounding display
area and supporting offstreet parking area, designed for the retail
sale of farm produce and located as an accessory use on the farm where
at least 25% of its products are grown. The intermittent sale of home-grown
produce as an accessory use not involving a building or structure,
not occupying more than 300 square feet and not creating any undue
traffic hazard shall not be deemed to constitute a "roadside stand."
An institution designed and staffed to provide educational
opportunity, not including any such institution housing detainees.
Any device designed to inform or attract the attention of
persons not on the premises on which the device is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area and bearing only
property numbers, postbox numbers or names of occupants.
Flags or insignias of any public, civic, charitable or religious
group except when displayed in connection with commercial promotion.
Legal notices or informational or directional signs erected
by governmental bodies.
Integral, decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
Signs not exceeding four square feet in area indicating the
private nature of a driveway or other premises or otherwise controlling
the use of private property.
Traditional holiday or seasonal greetings or decorations not
advertising a specific product, service or establishment.
Political signs.
For the purpose of determining the number of signs, a sign
shall be considered to be a single display surface or display device
containing elements organized, related and composed to form a unit.
Where matter is displayed in a random manner without organized relationship
of elements or where there is a reasonable doubt about the relationship
of elements, each element shall be considered to be a single sign.
The surface area of a sign shall be computed to include the entire
area within a parallelogram, triangle, circle or semicircle comprising
all of the display area of the sign and including all of the elements
of the matter displayed. Frames and structural members not bearing
advertising matter shall not be included in computation of the sign
surface area.
A sign other than an on-site sign.
A sign relating in its subject matter to the premises on
which it is located or to the products, accommodations, services or
activities on said premises. On-site signs do not include signs erected
by the outdoor advertising industry in the conduct of the outdoor
advertising business.
An official public thoroughfare approved by the Township
Committee which has been dedicated or deeded to the public for public
use or which has been offered for such dedication and which has been
or will be improved in accordance with Alloway Township standards.
The right-of-way line of a street, road or other public right-of-way
used or intended for use by vehicular traffic.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences
and billboards and swimming pools. Structures shall not include ground-level
site improvements such as driveways, parking surfaces, curbs and sidewalks
or playground equipment, game equipment, garden structures and customary
yard accessories, ornaments and furniture.
A public or privately owned pool open to the public on an
annual member basis, having dressing rooms, off-street parking and
other appropriate accessory facilities.
A noncommercial privately owned pool constituting an accessory
use to a residential unit or units and located on the same lot therewith.
A wading pool with a depth of less than 18 inches and portable swimming
devices located above ground level with an area of less than 125 square
feet and a water depth of less than three feet, temporary in character
and constructed of material other than concrete or masonry, shall
not be deemed a swimming pool.
One dwelling unit in a line of at least four, but no more
than eight, connected dwelling units, but is distinct by such design
features as width, setback, roof design, color, exterior materials
and other features, singularly or in combination. Each dwelling unit
may be a maximum of 2 1/2 stories in height, but nothing in the
definition shall be construed to allow one dwelling unit over another.
Any vehicle or similar conveyance so designed or constructed
as to permit its transportation as a fully built unit and to permit
occupancy for dwelling or sleeping purposes; such vehicle or conveyance
may or may not rest on a permanent foundation or have permanent attachment
to the ground.
Structures less than eight feet in width and less than 25
feet in length and not used for the purpose of day-to-day habitation,
but designed to be moved from place to place, and which may be entirely
enclosed or partially enclosed with canvas or other material and which
are used for sleeping and other human occupancy during the course
of activities commonly known as "camping" or "caravanning."
Such open space shall not include wetlands, lands situate
under high tension wires, or areas of open space that cannot be actively
utilized for recreational purposes.
[Added 10-11-2001 by Ord. No. 342]
Historically authentic single-family detached units developed
along rectilinear street patterns, including porches, front yard fences,
walls, and other distinguishing architectural features replicating
homes in a village environment. The architectural style shall be copied
from authentic historic references and from surviving models within
the historic district in Alloway Township or in the surrounding area.
The intent is to create a series of buildings in a "village" setting
developed in accordance with a common architectural theme. Material
that may be used for reference purposes includes the Master Plan of
Alloway dated 1979, section entitled "Historic Preservation, Salem
County Historic Records," and other pertinent materials that may be
submitted, either by representatives of the Township or the applicant.
Guidelines for village architectural design of specific structures
are given as follows. In addition to complying the historic characteristics
of existing buildings in Alloway Village and Salem County, the following
guidelines are also provided.
[Added 10-11-2001 by Ord. No. 342]
Residential structures shall be developed with authentically
pitched roofs.
Exterior siding on all buildings shall be wood, brick, stucco,
or stone, as historically compatible with the style of architecture
being depicted. Modem materials that mimic and replicate historical
materials may be used when new buildings are being designed; for example,
vinyl siding that mimics cedar siding can be used. However, high-quality
replication materials must be utilized, and the applicant must provide
information verifying its acceptability.
There shall be substantial architectural ornamentation in areas
such as but not limited to the underside of eaves, around windows,
doors, porch enclosures and similar features on a building.
Chimneys shall be constructed of brick. Alternatives to these
materials must be historically justified.
Architectural elevations shall be provided detailing the architectural
appointments of the building. The distinctive architectural features
of the building shall be pointed out directly on the elevations and
appropriately identified as to the architectural period and style.
Sitting walls, walks, and fences should be incorporated as part
of the architectural design of the building in order to provide an
overall uniformity and theme.
Landscaping shall make significant use of indigenous plants,
including shrubs and trees, and shall support the flavor of the period
that is attempting to be replicated. It shall include garden areas
and similar features that arc common to village architectural development.
Must have unified theme which may be contemporary.
A landscaped park-like area usually in the center of a project
serving as an open space and focal point of a project.
[Added 10-11-2001 by Ord. No. 342]
Any land area or use either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including
but not limited to the following: lake, pond, canal, ditch, stream
or swale.
A space on the same lot with the principal building, unobstructed
by buildings or structures from the ground to the sky, except by fences,
walls, poles and posts or except as otherwise provided in this chapter.
The yard extending across the entire width of the lot between
the street right-of-way line and the nearest part of the principal
building. In the case of lots having frontage on two streets running
generally parallel, unless the prevailing front yard pattern on adjoining
lots indicate the otherwise, front yards shall be provided along both
street frontages. Where one of the front yards normally required on
a through lot would exceed front yards already existing on adjoining
lots, the Zoning Officer may waive the front yard requirement to the
extent that the required front yard shall at least equal the average
of the front yards provided on the adjacent lots. In the case of corner
lots, front yards shall be provided on both street frontages. Width
of a front yard shall be measured in such a manner that the yard established
is a strip of the minimum required by district regulations with its
inner edge parallel to the front lot line.
A yard extending across the rear of the lot between the inner
side yard lines. In the case of through lots, there will be no rear
yards. Depth of a required rear yard shall be measured in such a manner
that the yard established is a strip of the minimum depth required
by district regulations with its inner edge parallel with the rear
lot line.
A yard extending along the side lot line from the front yard
to the rear lot line. In case of through lots, side yards shall extend
between the required front yard lines. In the case of corner lots,
there shall be only one side yard, adjacent to the interior lot line.
Width of a required side yard shall be measured in such a manner that
the yard established is a strip of the minimum width required by district
regulations with its inner edge parallel with the rear lot line.
The official established Zoning Board of Adjustment of the
Township of Alloway.[5]
The official Zoning Enforcement Officer of the Township of
Alloway.
[2]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
[3]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
[5]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
Wherever measurement is called for in this chapter, such measurement
shall be in a straight line, perpendicular or parallel to the line
of reference, as the case may be, unless a contrary intention is clearly
expressed from the context of this chapter.
