Township of Quinton, NJ General Provisions

For the purpose of this chapter, certain phrases and words are herein defined as follows:

Words used in the present tense include the future.

Words used in the singular number include the plural number and vice versa.

The word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used."

(4)

The word "lot" includes the words "plot," "premises" and "tract."

(5)

The word "building" includes the words "structure," "dwelling" or "residence."

(6)

The word "shall" is mandatory and not discretionary.

Any word or term not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specifically defined to the contrary in this chapter.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An "accessory building" attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ADMINISTRATIVE OFFICER

The Zoning Officer of Quinton Township, Salem County, New Jersey.

ADVERSE EFFECT

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:

(1)

Improper circulation and drainage rights-of-way, inadequate drainage facilities or insufficient street widths.

(2)

Unsuitable street grades.

(3)

Unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system.

(4)

Locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace.

(5)

Providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

AGENT

One or more persons designated to represent the applicant before the Planning Board.

[Amended 2-2-1996 by Ord. No. 1996-2]

AIRPORT

Any area of land or water, or both, designed and set aside for the landing and takeoff of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of Transportation as a public-use airport or landing strip.

ALLEY

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

ALTERATIONS OR ADDITIONS, STRUCTURAL

Any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers.

APPLICANT

The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.

APPLICATION FOR DEVELOPMENT

The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

BASE STATION, EXISTING (WIRELESS TELECOMMUNICATIONS)

Any lawfully existing structure other than a tower that, at the time of review or consideration, already supports or houses lawfully existing FCC-licensed or FCC-authorized wireless transmission equipment, even if such structure was not initially built for the sole or primary purpose of supporting or housing wireless transmission equipment.

[Added 5-1-2018 by Ord. No. 2018-02]

BASE STATION, PROPOSED (WIRELESS TELECOMMUNICATIONS)

Any proposed or lawfully existing structure other than a tower that is being proposed to be used to support or house FCC-licensed or FCC-authorized wireless transmission equipment and which does not, at the time of such proposal, already support or house wireless transmission equipment.

[Added 5-1-2018 by Ord. No. 2018-02]

BASEMENT

A portion of a building having more than 50% of its clear vertical dimension (space) below the average finished contact grade along the outside walls of the building.

BEDROOM

A private room planned and intended for sleeping, separable from other rooms by a door and accessible to a bathroom without crossing another bedroom or living room.

BILLBOARD

Any structure, surface or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds.

BLOCK

The area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of the minimum size required in Part 2, Zoning, of this chapter and as further specified herein.

BUILDING

Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

BUILDING HEIGHT

The vertical distance measured to the highest point from the mean elevation of the finished grade at the foundation along the side(s) of the building facing a street or to the street line, whichever is closer to the foundation. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.

CAMPER

(1)

A self-propelled, vehicular structure built as one unit on a chassis and designed for temporary living or travel, recreation, vacation or other short-term uses which may contain cooking, sleeping and sanitary facilities.

(2)

An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.

(3)

A portable, vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The "camper" is designed to have a temporary tent erected above the four-foot level for camping activities.

(4)

A portable structure built on a chassis, designed for towing and as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and a length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or a major construction project.

CARTWAY

The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the "cartway" is that portion between the curbs. Where there are no curbs, the "cartway" is that portion between the edge of the paved or graded width.

CIRCULATION

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 transshipment points.

COMMON PROPERTY

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. "Common property" may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

CONDITIONAL USE

A use permitted in a particular zoning 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 use as specified in this chapter.

CONSTRUCTION OFFICIAL

The Construction Official of the Township of Quinton, Salem County, New Jersey.

CONVENTIONAL

A development other than planned development.

COVERAGE

(1)

BUILDING COVERAGEThe building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the total lot area.

(2)

IMPROVEMENT COVERAGEThe building coverage plus the area of all paved surfaces which cover a lot such as: required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas.

CUL-DE-SAC or DEAD-END STREET

A street or portion of a street in which accessibility is limited to only one single means of ingress or egress.

DAYS

Calendar days.

DENSITY

The permitted number of dwelling units for the buildable area of a tract after deduction for dedication for road and other improvements, natural tidal and nontidal bodies of water, wetlands or other state or federally regulated nonbuildable lands.

DETACHED SINGLE-FAMILY DWELLING

A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. Each "detached single-family dwelling" shall have at least one 1,000 square feet of gross floor area.

DEVELOPER

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.

DEVELOPMENT

(1)

The division of a parcel of land into two or more parcels.

(2)

The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure.

(3)

Any mining, excavation of landfill or use or change in use of any building or other structure or land or extension of use of land, for which permission is required.

DEVELOPMENT REGULATION

A zoning ordinance, subdivision ordinance, site plan ordinance or other Township regulation of the use and development of land, or amendment thereto.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means as retention or detention basins, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required:

(1)

For the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities; or

(2)

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.

DUAL RESIDENTIAL

A building containing two dwelling units, only, each independent of each other and each with its own sleeping, cooking and sanitary facilities. The two dwelling units shall specifically include a detached single-family dwelling with an accompanying apartment flat intended to be offered for rent by the resident owner of the building. The gross floor area of the apartment flat shall not exceed an area equal to 25% of the area of the structure used as living quarters for the building's owner. It is specifically not intended that two-family dwelling units be constructed; rather, it is intended that a portion of the building be designed as separate living quarters to be offered for rent by the homeowner.

DWELLING

Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. "Dwellings" may include but shall not be limited to the following types:

(1)

DWELLING UNITA room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling units shall be self-contained and shall not require the use of outside stairs, passing 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.

EASEMENT

A use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, the public, a corporation or particular persons for specific uses.

ELIGIBLE FACILITIES REQUEST and SUBSTANTIAL CHANGE (WIRELESS TELECOMMUNICATIONS)

[Added 5-1-2018 by Ord. No. 2018-02]

(1)

A request for a modification, as set forth in Subsection (4) below, of a lawfully existing wireless telecommunications tower or lawfully existing base station that does not substantially change the physical dimensions of such tower or base station as set forth in Subsection (5) below, if approved by the Quinton Township Zoning Officer pursuant to the procedures set forth in § 170-176.

(2)

Any eligible facilities request for modification of an unlawfully existing wireless telecommunications tower or an unlawfully existing base station, or for modification of a lawfully existing wireless telecommunications tower or lawfully existing base station that does substantially change the physical dimensions of such tower or base station as set forth in Subsection (4) below, is prohibited. See Part 7, Article XXVII, of this Chapter 170 for procedures applicable to variance applications for wireless telecommunications facilities.

(3)

See also Federal Communications Commission Report and Order under WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59, adopted October 17, 2014, currently available for review at https://apps.fcc.gov/edocs_public/attachmatch/FCC-14-153A1.pdf.

(4)

An "eligible facilities request" is any request that involves:

(a)

Co-location of new wireless transmission equipment;

(b)

Removal of wireless transmission equipment; or

(c)

Replacement of wireless transmission equipment.

(5)

A "substantial change" to the physical dimensions of an existing tower or base station is any change meeting the following criteria as measured against the dimensions of the tower or base station as of the date of its initial construction or as of February 21, 2012, whichever is later.

(a)

Increase in height: An increase in the height of an existing tower or an existing base station constitutes a substantial change:

[1]

For towers and base stations outside public rights-of-way, if the increase in height is more than 10%; and

[2]

For towers and base stations within public rights-of-way, if the increase in height is more than 10%, provided that prior written consent from the government entity that owns or controls the right-of-way in question, such as the Quinton Township Committee for any Quinton Township right-of-way, and prior written consent from the owner of the land that is subject to the public right-of-way, must also be obtained for the proposed modification.

(b)

Increase in width: An increase in the width of an existing tower or an existing base station constitutes a substantial change:

[1]

For towers outside public rights-of-way, if the increase would extend or protrude from the edge of the tower more than 20 feet, or more than the width of the tower as measured at the level of the increase, whichever is greater; and

[2]

For towers within public rights-of-way, and for all base stations, if the increase would extend or protrude more than six feet from the edge of the tower or base station, provided that, in the case of towers or base stations within public rights-of-way, prior written consent from the government entity that owns or controls the right-of-way in question, such as the Quinton Township Committee for any Quinton Township right-of-way, and prior written consent from the owner of the land that is subject to the public right-of-way, must also be obtained for the proposed modification.

(c)

Increase in equipment cabinets: The addition of equipment cabinets constitutes a substantial change if it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets, whichever is less.

(d)

Excavation or deployment outside of current site: Excavation or deployment of equipment outside the current site of an existing tower or existing base station constitutes a substantial change when required for a proposed co-location if such excavation or deployment of equipment increases the square footage of the equipment compound to an area greater than 2,500 square feet.

(e)

Defeat of existing concealment elements: If existing concealment elements of an existing tower or existing base station would be defeated by a proposed co-location, the proposed co-location constitutes a substantial change.

(f)

Failure to comply with prior conditions: A substantial change occurs if the proposed co-location fails to comply with conditions associated with the prior approval of the existing tower or existing base station, unless such noncompliance is due to an increase in height, an increase in width, an addition of cabinets, or a new excavation or deployment of equipment that does not exceed the corresponding "substantial change" thresholds set forth above.

ENVIRONMENTAL COMMISSION

A Township advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

EQUIPMENT COMPOUND (WIRELESS TELECOMMUNICATIONS)

An area surrounding or adjacent to the base of a wireless telecommunications tower, or surrounding, adjacent to, within, or upon a wireless telecommunications base station, in which wireless transmission equipment is located.

[Added 5-1-2018 by Ord. No. 2018-02]

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FARM

A tract of land at least five acres in size used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.

FAST-FOOD OPERATIONS

A business establishment where food and drink are sold ready for consumption and where customers consume the food and drink either inside or outside the confines of the establishment.

FENCE

A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without. A "fence" over seven feet in height is also considered a structure for purposes of this chapter.

FILLING STATION

Any establishment servicing motor vehicles with fuel, supplies and accessories, but not major repairs. "Filling stations" include establishments designated as motor vehicle service stations or gasoline stations.

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary approved plat/site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINANCIAL INSTITUTIONS

Any structure wherein business of primarily a financial nature is transacted, such as banks, savings and loans, mortgage companies and similar institutions.

FLOOD FRINGE AREA

The portion of the flood hazard area outside of the floodway.

FLOOD HAZARD AREA

Land in the floodplain subject to a one-percent or greater chance of flooding in any given year.

FLOODPLAIN

The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the following components:

(1)

FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.

GARAGE, PRIVATE

A building or enclosed space used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GENERAL OFFICE

A building comprised of more than 10,000 square feet in which at least 1/2 are rented or occupied by noncorporate or nonprofessional service-oriented business concerns.

GOLF COURSE

A tract of 75 or more acres containing a full-size, professional golf course at least 18 holes in length, together with appropriate accessory uses and structures such as club houses, dining and refreshment facilities, driving ranges and miniature golf courses, provided that the operation of such are incidental and subordinate to the operation of the golf course.

GRADE

The slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.

GROSS ACREAGE

The entire area of a tract after deduction for dedication of road improvements, natural tidal and nontidal bodies of water, wetlands or other state or federally regulated nonbuildable lands.

GROSS FLOOR AREA

The area measured by using the outside dimensions of the building, excluding the area of a garage, basement, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Township Building Code[1] for residential uses and those floor areas either having a ceiling height of six feet or more or used for storage space in nonresidential uses shall be included in the "gross floor area."

HOME OCCUPATION

A professional office for individual instruction and provision of services conducted in a dwelling unit, subordinate to the residential use and meeting the criteria established for "home occupations" in § 170-44 of this chapter.

HOTELS and MOTELS

A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

INTERESTED PARTY

Any person, whether residing within or without the Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter have been denied, violated or infringed by an action or a failure to act under this chapter.

INTENSIVE FOWL OR LIVESTOCK FARM

A farm on which are kept more than a total of 200 head of adult large animals; 50 head of small animals; 10 head of fowl per acre; one adult and up to one replacement large animal per each two acres; or two small animals per acre. "Large animal" shall include beef and dairy cattle, horses and mules. "Small animal" shall include pigs, sheep, goats and calves up to an age of one year.

JUNKYARD

The use of any space, whether inside or outside a building, for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL

Any structure, premises or refuge wherein or whereon the business of boarding, selling or breeding of small animals is carried on, including such establishments as animal shelters and animal hospitals.

LAND

Includes improvements and fixtures on, above or below the surface.

LANDSCAPING

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculptures, signs, lighting, accessways, bikeways and pedestrian walkways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.

LOT

Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for purposes of this chapter, contiguous undersized lots under one ownership shall be considered one lot, and provided further that no portion of an existing public street shall be included in calculating the lot boundaries or areas.

LOT AREA

The area contained within the lot lines of a lot, not including any portion of a street right-of-way.

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard.

LOT DEPTH

The shortest horizontal distance between the street line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT FRONTAGE

The horizontal distance between side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the "lot frontage."

LOT, INTERIOR

A lot other than a corner lot.

LOT WIDTH

The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum "lot width" shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum "lot width" at the setback line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

MAINTENANCE BOND

Any security acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with this chapter.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter, including but not limited to surety bonds and letters of credit under the circumstances specified by law.

MANUFACTURING, LIMITED

An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products or the processing of any raw materials. "Limited manufacturing" includes light industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities.

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.

MEAN ELEVATION

The average of the ground level measurements computed at the four extreme corner points of any existing or proposed building.

MINOR SITE PLAN

As specified hereunder, and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in § 170-79 if the proposed building, the conversion of an existing building from one use to another, or the enlargement of an existing building or any combination of the same does not exceed 5,000 square feet for retail commercial uses; exceed 10,000 square feet for industrial uses; or require more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other site plans shall be "minor site plans."

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment, governing body 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.

NONCONFORMING BUILDINGS OR STRUCTURES

A building or structure which in its location upon a lot or in its size, does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use occupying a building, structure or lot which does not conform with the use regulations for the zone in which it is located.

NURSING HOME

A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation and duly licensed by all governmental agencies.

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 through 40:55D-36.

OFF-SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

ON-SITE

Located on a lot or a portion of the lot which is the subject of a development application.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or 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 open character of the land.

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating in a planned development under recorded land agreement through which:

(1)

Each owner is automatically a member.

(2)

Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.

(3)

Each owner and tenant has the right to use the common property.

OWNER

Includes the duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or contingent interest in the property in question.

PARKING SPACE

An area of not less than nine feet wide by 18 feet in length (unless otherwise specified in this chapter), either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether 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.

PERFORMANCE GUARANTY

Any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PLANNED DEVELOPMENTS

For purposes of this chapter, the following types of planned development are utilized:

(1)

RESIDENTIAL CLUSTER DEVELOPMENTAn area to be developed as a single entity according to a plan containing residential housing units which have a common open space area as an appurtenance.

(2)

PLANNED COMMERCIAL DEVELOPMENTAn area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or other uses incidental to the predominant use as may be permitted by ordinance.

PLAT

The map of a subdivision or site plan, used interchangeably in this chapter with "plan."

(1)

SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.

(2)

PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Board for consideration and preliminary approval and meeting the requirements of this chapter.

(3)

FINAL PLATThe final map of all or a portion of the subdivision or site plan which is presented to the Board for final approval in accordance with these regulations.

PRELIMINARY APPROVAL

The conferral of certain rights as set forth in this chapter prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PRINCIPAL USE

The main purpose for which a lot or building is used.

PROFESSIONAL OFFICE

The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, veterinarians, ministers, musicians, optometrists, engineers, realtors and such other similar professions or occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC PURPOSE USES

The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

QUORUM

The majority of the full authorized membership of the Planning Board.

RESIDENTIAL AGRICULTURE

The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes. A small roadside produce stand associated with the residential agricultural use shall be permitted, provided that the produce is not grown primarily for commercial purposes, that the stand is not furnished with permanent heating facilities, that the floor area of the stand does not exceed 100 square feet, that the stand is set back from all street cartways and side property lines at least 15 feet and that sufficient on-site off-street parking is provided. One unlighted sign not exceeding four square feet in area shall be permitted and shall be either attached flat against the front facade of the stand or freestanding. If freestanding, the sign shall not exceed 10 feet in height, shall be located to achieve the greatest sight distance for oncoming traffic and shall be set back at least 10 feet from the edge of the cartway.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESEARCH LABORATORY

A building for experimentation in pure or applied research, design, development and production of prototype machines or devices, or of new products and uses accessory thereto, where:

(1)

Products are not manufactured for wholesale or retail sale;

(2)

Commercial servicing or repair of commercial products is not performed; and

(3)

There is no display of any materials or products.

RESTAURANT

Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."

RESTAURANT, DRIVE-IN

Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot-dog stand where food is served primarily for consumption at counters, stools, tables or bars outside the building or primarily for consumption in automobiles parking on the premises, whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such "drive-in restaurants" and refreshment stands are specifically prohibited in all districts.

RESUBDIVISION

The further division of a lot or the adjustment of a lot line or lot lines.

RIGHT-OF-WAY

The land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SERVICE STATION

Lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.

SETBACK LINE

A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

SHOPPING CENTER

A group of commercial establishments built on one tract that is planned and developed as an operating unit. It shall provide 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.

SIGHT EASEMENT AT INTERSECTION

A triangular shaped area established at intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.

SIGN

Any building or structure, or portion thereof, on which any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public.

SIGN AREA

The entire space within a single continuous perimeter enclosing the extreme limits of a sign.

SIGN FUNCTIONS

These may include, but shall not be limited to, the following:

(1)

ADVERTISINGA sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.

(2)

BUSINESSA sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.

(3)

DIRECTORYA sign of permanent character, but with interchangeable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises, whereon a sign is maintained.

(4)

IDENTIFICATIONA sign other than a bulletin board, directory or nameplate sign, indicating the name of a permitted use, the name and address of a building, the name of the management thereof or the date(s) of construction thereof.

(5)

INSTRUCTIONALA sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs and danger signs.

(6)

NAMEPLATEA sign indicating the name, address and/or profession or occupation of a person.

(7)

PUBLICSigns of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest and the like.

(8)

TEMPORARYA sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items.

SIGN HEIGHT

The greatest vertical dimension between the top of a sign and the ground.

SIGN, INTERIOR

Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window which sign is designed to be visible from the exterior of the window.

SIGN TYPES

These may include, but shall not be limited to, the following types:

(1)

GROUND SIGNA freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

(2)

HANGING SIGNA sign designed to project beyond the front face and perpendicular to it over a public walkway.

(3)

INTEGRAL SIGNA sign carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.

(4)

MARQUEEA sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.

(5)

ROOF SIGNA sign which is erected, constructed or maintained on, above or as part of the roof of any building.

(6)

WALL SIGNA sign which is attached directly to the building and is parallel to the building.

SITE PLAN

A development plan of one or more lots on which is shown:

(1)

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

(2)

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.

(3)

Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

SITE PLAN REVIEW

The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A "half story" is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal road, or which is shown upon a plat heretofore approved pursuant to law or which is approved by N.J.S.A. 40:55D-1 et seq., or which 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, gutter, sidewalks, parking areas and other areas within the street line.

STREET LINE

The edge of the existing or future street right-of-way line, whichever would result in the widest right- of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

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.

(1)

The following shall not be considered "subdivision" within the meaning of this chapter if no new streets are created:

(a)

Divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(b)

Division of property by testamentary or intestate provisions.

(c)

Divisions of property upon court order.

(d)

Conveyances so as to combine existing lots by deed or other instrument.

(2)

The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION, MAJOR

Any division of land not classified as a minor subdivision.

SUBDIVISION, MINOR

A subdivision of land that does not involve the creation of more than two lots, in addition to any one retained parcel; planned development; any new street; or extension of any off-tract improvement. In counting lots to determine whether or not a proposed subdivision is a "minor subdivision," the following lots shall be counted:

(1)

All lots to be created by the proposed subdivision, including lot(s) in excess of one acre, that are to be retained by the subdivider.

(2)

No lots shall be counted twice, and in case of a resubdivision, any lot eliminated or replaced shall be deducted.

(3)

All lots created out of the original parcel by subdivision either approved or pending approval within the previous six-year period.

[Amended 10-5-1994 by Ord. No. 1994-8]

SUBSTANTIAL CHANGE and ELIGIBLE FACILITIES REQUEST (WIRELESS TELECOMMUNICATIONS)

(See definition of "eligible facilities request and substantial change" above.)

[Added 5-1-2018 by Ord. No. 2018-02]

SWIMMING POOL, COMMERCIAL

Includes all pools associated with permitted hotel and motel land uses. "Commercial swimming pools" shall be further classified into types in accordance with their particular uses and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirements of this chapter and are those pools which are not otherwise 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.

SWIMMING POOL, PRIVATE RESIDENTIAL

Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling and shall include all buildings, structures, equipment and appurtenances thereto. "Private residential swimming pools" shall be further classified into types in accordance with their particular uses and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

TOWER (WIRELESS TELECOMMUNICATIONS)

Any structure built for the sole or primary purpose of supporting FCC-licensed or FCC-authorized wireless transmission equipment.

[Added 5-1-2018 by Ord. No. 2018-02]

TOWNSHIP

Township of Quinton, Salem County, New Jersey.

TRACT

An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the uses(s) intended. The original land area may be divided by one existing public street and still be considered one tract, provided that the street is not an arterial or collector road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

TWO-FAMILY

A building containing two dwelling units only, each having entrances on the first floor, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical fire walls or horizontal floors, unpierced except for access to outside or to a common basement, unless otherwise specifically approved by the Board.

USE

The purpose for which land or a structure is arranged, designed or intended, or for which either land or a structure is or may be used, occupied or maintained.

USE, PRINCIPAL

The main or primary purpose or purposes for which land and/or structure(s), or use thereof, is designed, arranged or intended or for which they may be occupied or maintained under this chapter. All other structures or uses on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered accessory uses.

VARIANCE

A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.

WIRELESS TELECOMMUNICATIONS FACILITY

The tower or base station and all wireless transmission equipment used in connection with any FCC-licensed or FCC-authorized wireless transmission.

[Added 5-1-2018 by Ord. No. 2018-02]

WIRELESS TRANSMISSION EQUIPMENT

Any antennas, including panel or multimodal antennas, "small cell" systems (such as exterior or interior "DAS" distributed antenna systems), or "dish" microwave antennas, that are used in connection with any FCC-licensed or FCC-authorized wireless transmission, and all other equipment associated with and necessary to their operation, including wires, cables, cabinets, and backup power equipment.

[Added 5-1-2018 by Ord. No. 2018-02]

YARD, FRONT

An open space extending across the full width of the lot and lying between the street line and the closest point of the principal building on the lot. The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required "front yard" shall be the same as the required setback.

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback.

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.[2]

ZONING DISTRICT

A finite area of land, as designated by its boundaries on the Zoning Map,[3] throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

ZONING MAP

The map annexed to and made part of this chapter, indicating zoning districts.[4]

ZONING OFFICER

The municipal official appointed by the Township Committee to carry out the literal provisions of Part 2, Zoning, of this chapter.

ZONING PERMIT

A document signed by the administrative officer which is either required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; or which acknowledges that such use, structure or building complies with the provisions of Part 2, Zoning, or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.

[1]

Editor's Note: See Ch. 89, Construction Codes, Uniform.

[2]

Editor's Note: The definition of "Zoning Board," which immediately followed this definition, was repealed 2-2-1996 by Ord. No. 1996-2.

[3]

Editor's Note: The Zoning Map is on file in the Township offices.

[4]

Editor's Note: The Zoning Map is on file in the Township offices.