A.
Words used in the present tense include the future; and the singular
number includes the plural, and the plural the singular.
B.
The word "shall" is always mandatory.
C.
The word "lot" includes the word "plot."
D.
The word "building" includes the word "structure."
E.
The term "such as" where used herein shall be considered as introducing
a typical or illustrative, rather than an entirely exclusive or inclusive
designation of permitted or prohibited uses, activities, establishments
or structures.
F.
The words "zone" and "district" are synonymous.
For the purpose of this chapter, certain terms are defined below.
For any terms not defined herein, the definitions of the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), shall
apply.
A building or structure, on the same lot with and subordinate
to a principal building, occupied by or devoted exclusively to an
accessory use. Where an "accessory building" is attached to a principal
building by a breezeway, roof, wall or the like, such "accessory building"
shall be considered part of the principal building.
A use naturally and normally incident and subordinate to
the principal and primary use upon any premises. More particularly,
but not by way of limitation, an accessory use shall be construed
to include a private swimming pool, driveway, private road, alley,
railroad spur, side track or switch or other facility for ingress
and egress by pedestrians and vehicles.
A private vehicular thoroughfare which provides access to
driveways from public streets.
An area of land which includes 43,560 square feet.
Any business having as a predominant part of its stock-in-trade
books, magazines, photographs, pictures, films, devices, newspapers,
recordings, periodicals or any other item or paraphernalia devoted
to the presentation or exploration of sexual acts or parts of the
anatomy, human or animal, in an obscene manner or for obscene purposes.
The business of showing or presenting to one or more persons
material depicting sexual acts or parts of the anatomy of humans or
animals in an obscene manner or for obscene purposes.
The use of land for common farmsite and horticultural activities,
including, but not limited to, production, harvesting, storage, grading,
packaging, processing and the wholesale and retail marketing of crops,
plants, animals and other related commodities, and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management and grazing. Agricultural uses or agricultural
purposes shall also include customary and conventional farming operations,
such as, but not limited to, the raising of livestock, poultry, vegetables,
flowers and horticultural materials and the sale of agricultural products
on a farm.
[Added 10-6-2005 by Ord. No. 2005-18]
See "agricultural uses or agricultural purposes."
[Added 10-6-2005 by Ord. No. 2005-18]
An alteration of building is any change in the supporting
members of a building, such as bearing walls, columns, beams, girders
and interior partitions, as well as any change in size or location
of doors or windows or any addition to or diminution of a building.
A change in use is a change from the use permitted in one zone district
to a use permitted in another zone district or a change from a permitted
use to another kind of permitted use in the same zone, any removal
of a building from one location to another or the conversion of any
part thereof from a permitted use to another kind or permitted use
in the same zone.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use or zoning variance or for an appeal pursuant to Section 37 of
Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-49).
A story partly underground and having more than 1/2 of its
clear ceiling height above the average level of the adjoining ground.
Any sign used to identify or advertise the product made or
the activity being pursued by any individual, business, service, commercial
or industrial enterprise or for the purpose of apprising the public
of the location of such enterprise or the type of activity in which
it is engaged at a location other than the location of said enterprise.
The Board established pursuant to Section 56 of Chapter 291
of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-69).
A combination of materials to form a construction adapted to
permanent, temporary or continuous occupancy and having a roof.
DETACHED BUILDINGA building which has no party walls.
SEMIDETACHED BUILDINGA building which has one party wall in common with an adjacent building.
ATTACHED BUILDINGA building which has two party walls in common with adjacent buildings.
For the purposes of this chapter, this definition shall also
include tents, lunch wagons, trailers, mobile homes, camp cars or
other structures on wheels.
The aggregate of the maximum horizontal cross-section areas,
excluding cornices, eaves and gutters, of all buildings on a lot.
The area of a lot where the construction of a primary building
may take place with provisions made in compliance with setback and
yard requirements applicable in that zone district, as illustrated
graphically in Appendix A of this chapter.[1]
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
A building or part thereof used for the selling of goods
for delivery from the premises to an industrial, commercial or institutional
establishment or organization and may include a showroom and/or display
area open to the general public which does not exceed 25% of the premises.
[Added 2-24-2021 by Ord.
No. 2021-03]
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service, not including,
however, personal services, such as barbershops and beauty shops,
and repair shops, such as radio and television repair shops.
A folding structure, mounted on wheels and designed for travel,
recreation and vacation use.
All parts of the plant genus Cannabis sativa L., whether
growing or not, the seeds thereof and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant; but shall
not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seed of the plant, and other compound,
manufacture, salt, derivative, mixture, or preparation or such mature
stalks, fiber, oil or cake, or the sterilized seed of the plant which
is incapable of germination.
[Added 7-14-2021 by Ord.
No. 2021-06]
The planting, propagating, cultivating, growing, harvesting,
labeling or storing of cannabis, as regulated by the State of New
Jersey.
[Added 7-14-2021 by Ord.
No. 2021-06]
The compounding, making, and processing of cannabis in all
forms, as regulated by the State of New Jersey.
[Added 7-14-2021 by Ord.
No. 2021-06]
See "basement."
A certificate issued by the Construction Official upon completion
of construction, change in use, alteration or change in occupancy
of a building, acknowledging compliance with all requirements of this
chapter, with any adjustment thereto granted by the Board of Adjustment
and that the construction is in accordance with the plans and specifications
filed with the Construction Official and meets conditions of any site
plan approval and all other applicable Township regulations.
A building or group of buildings designed or intended for
public worship. For the purpose of this chapter, the word "church"
shall include chapels, congregations, cathedrals, temples and similar
designations, as well as rectories, parish houses, convents and such
accessory uses.
Includes, but are not limited to, facilities intended for
the common use of two or more residential or commercial units within
a development, such as roads, parking aisles, sidewalks, recreation
facilities or open space.
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 where the developer provides
for an organization for the ownership and maintenance of such open
space or for the use of the municipality or other governmental agency
where such open space is dedicated and made available for public use
pursuant to Section 31 of Chapter 291 of the Laws of New Jersey 1975
(N.J.S.A. 40:55D-43). Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development or the
public, as the case may be, pursuant to the above and subject to the
discretion of the Planning Board.
Ownership of two or more contiguous lots or parcels of real
property whether by one person or by two or more persons owning such
property jointly as joint tenants, as tenants by entirety or as tenants
in common.[2]
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Planning
Board and meeting the 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 use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
Multiunit housing for elderly persons which provides special
services as well as other amenities, including but not limited to
community, social and dining facilities.
[Added 9-6-1991]
The changing or moving of any property line, provided that
no additional lots are created. Consolidation also includes the assembly
or annexation of two or more lots into a fewer number of lots than
existed prior to the consolidation.
A retail sales establishment offering for sale prepackaged
food products, household items, newspapers and magazines, drinks,
sandwiches and other freshly prepared foods, such as salads, primarily
for consumption off site. In conjunction with the sale of motor vehicle
fuels, a convenience store may also offer small automobile related
products, not including such items as tires and batteries, and cashier
services.
[Added 2-5-1993; amended 2-22-2007 by Ord. No. 2007-5]
Development other than planned development.
The officially established grade of the curb in front of
the midpoint of the lot, or, in the absence of an officially established
curb level, the mean level of any existing curb or of the lot at the
street line.
See "agricultural uses or agricultural purposes."
[Added 10-6-2005 by Ord. No. 2005-18]
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land intended for 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 other structure; and
any use or change in the use of any building or other structure or
of any mining, excavation or landfill, or use of land or extension
of use of land, for which permission may be required pursuant to this
chapter. Development shall not include land division, building activities
or land uses, otherwise set forth above, for agricultural purposes,
unless such division, activities or uses involve construction of a
building greater than 20,000 square feet and/or result in impervious
coverage of 10% or more of the lot or lots subject to development.
[Amended 10-6-2005 by Ord. No. 2005-18]
An informational document accompanying the minor site plan
and the preliminary application of a major site plan which will provide
detailed information about the effect which a proposed project is
likely to have on the natural and man-made environment, infrastructure
and economic resource capabilities of the Township.
Any zoning regulation, subdivision regulation, site plan
regulation, official map or other municipal regulation of the use
and development of land or any amendment thereto adopted pursuant
to the Municipal Land Use Law (P.L. 1975, c. 291).
The removal of surface water or groundwater from land by
drains, grading or other means 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.
The lands required 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 therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes and including lands intended as flood control basins.
A paved area intended to accommodate vehicular transit between
streets or access roadways and garages or parking areas.
A building designed and occupied as a residence, including:
SINGLE-FAMILY DWELLINGA building, on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILY DWELLINGA building, on a lot, designed and occupied exclusively as a residence for two families.
MULTIPLE DWELLINGA building, on a lot, designed and occupied exclusively as a residence for three or more families.
Living accommodations, including kitchen, bathing and toilet
facilities, designed and used for occupancy by one family only.
The grant of the right to use private land for certain public
or quasi-public purposes.
Detached living quarters accessory to a primary residence designed for and occupied by elderly relatives of the occupants of the primary residence in accordance with the conditions set forth in § 160-121.
[Added 11-14-1986]
A household containing persons who shall all be age 62 or
older; provided, however, that if there is an affirmative finding
by the Planning Board that the facility in which the elderly household
intends to reside provides significant facilities and services designed
to meet the physical or social needs of older persons, an elderly
household may contain persons aged younger than 62 years, provided
that such household has at least one permanent member 55 years of
age or older and that not more than one member of such household is
aged 40 years or younger, and further provided that not more than
one individual temporarily residing at the premises of such household,
who provides necessary health care to a permanent member of the household
and who is not accompanied by any person(s) intending to reside at
the premises of the household temporarily or otherwise, is 21 years
of age or older.
[Added 12-1-1989; amended 9-6-1991]
A person aged 62 or older; provided, however, that if there
is an affirmative finding by the Planning Board that the facility
in which the elderly person intends to reside provides significant
facilities and services designed to meet the physical or social needs
of older persons, an elderly person may be a person aged 55 or older.
[Added 12-1-1989]
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public.
A report in which is indicated thereon legal data, environmental constraints and environmentally controlled areas which may indicate a sensitivity to damage by the process of development. The details of submission shall be as outlined in § 160-63A(2).
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.[3]
Any building used for storing agricultural equipment and
supplies or farm produce, housing livestock and poultry or processing
dairy products and all other buildings accessory to the operation
of a farm. The term "farm building" shall not include dwellings.
See "agricultural uses or agricultural purposes."
[Added 10-6-2005 by Ord. No. 2005-18]
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas and shall
include arbors.
[Added 6-7-2002 by Ord. No. 2002-11]
Approval or denial by the Planning Board or Board of Adjustment
of any application for development.
The official action of the Planning Board taken on a preliminarily
approved major subdivision or 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.
The final map or maps of all or a portion of the subdivision
which are presented to the Planning Board for final approval in accordance
with these regulations and which, when approved, shall be filed with
the proper county recording officer. A final plat shall have affixed
thereto a seal of a licensed land surveyor in compliance with all
provisions of Chapter 141 of the Laws of New Jersey 1960. This must
be filed with the appropriate county officials within 95 days after
final approval is granted.
The final development plan indicating the final layout of
the site, which is submitted to the Township Clerk for Planning Board
consideration and final approval and meeting the requirements of this
chapter.
A lot having less lot frontage than the minimum required
for standard lots by applicable zoning regulations, but sufficient
to provide adequate access, by way of an access strip or staff, to
the main portion of the lot in the rear, which is intended and suitable
to accommodate a single-family residence in compliance with development
regulations.
[Added 9-5-1986]
The aggregate area of all floors in a building enclosed by
an exterior wall, excluding, however, except as hereinafter provided,
attic and basement floors, open porches, breezeways and garages. The
foregoing to the contrary notwithstanding, if any part or area of
a basement or attic floor in a building shall be devoted to the permitted
principal use, including but not limited to retail sales, services
or office space, such part or area shall be included in the computation
of "floor area" where such computation determines off-street parking
requirements under the required parking section of this chapter.
A detached accessory building or a portion of a principal
building used primarily for the storage of motor vehicles owned or
used by the occupant of the principal building to which the garage
is an accessory.
Any building, structure, lot or land in or upon which a business,
service or industry involving the storage, maintenance, washing or
servicing and storage in connection therewith of motor vehicles is
maintained, conducted, operated or rendered.
A building or group of buildings designed to accommodate
more than two dwelling units within a single structure and which is
designed so that the group of dwelling units utilizes such common
facilities as pedestrian walks, parking and garage areas, open space,
recreation areas and utility and service facilities.
An area of 50 or more contiguous acres containing full-size
golf links, at least nine holes totaling a minimum of 2,700 yards
from tee to green, together with such necessary and usual accessory
facilities as a clubhouse, caretakers' dwellings, dining and refreshment
facilities and other such uses, provided that the operation of such
facilities is incidental and subordinate to the operation of a golf
course.
The duly constituted Township Committee of the Township of
White.
The number of dwelling units per acre of land in a total
tract area.
The distance from the highest roof point to the average elevation
of the ground level at the foundation wall of the building.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
[Added 9-5-1986]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being of historic,
archaeological, cultural, scenic or architectural significance.
[Amended 9-5-1986]
An occupation or profession which:
Is carried on in a dwelling unit, building or other structure
accessory to a dwelling unit;
Is carried on by a member of the family residing in the dwelling
unit;
Is clearly incidental and secondary to the use of the dwelling
for residential purposes; and
Conforms to the following additional conditions:
The occupation or profession is carried on wholly within the
principal building or within a building or structure accessory thereto
and already existing on the premises.
Not more than one person outside the immediate family is employed.
There is no exterior evidence of the home occupation other than
a nameplate sign that conforms to the Sign Ordinance.
No offensive noise, vibration, smoke, dust, odors, heat, radiation
or glare is produced.
A nonprofit corporation created under recorded land agreements
pursuant to the laws of the State of New Jersey in which is vested
the ownership and responsibility for maintenance of common property
and/or facilities and through which each lot owner in a described
land area is automatically a member and each lot is automatically
subject to a charge for a proportionate share of common property maintenance.
A building containing not less than 50 lodging units, under
one management, each separately equipped with individual sleeping
and bathroom facilities and not furnished with individual cooking
accommodations and offered with or without meals to the public for
compensation and is available to transient guests with or without
such customary ancillary facilities as restaurants, bars, gift arcades,
auditoriums or convention accommodations. This term includes the term
"motel" but is distinct from boardinghouse, rooming house, apartment
hotel, fraternity or sorority house.
Housing:
[Amended 7-7-1989; 12-1-1989]
Which the Secretary of Housing and Urban Development has determined
is specifically designed and operated to assist elderly persons under
any state or federal program; or
Intended for and solely occupied by persons 62 years of age
or older; or
Intended and operated for occupancy by persons age 55 years
of age or older. In determining whether housing qualifies as housing
for older persons under this subsection, the following criteria shall
be applied:
The housing facility has significant facilities and services
specifically designed to meet the physical or social needs of older
persons. "Significant facilities and services specifically designed
to meet the physical or social needs of older persons" include, but
are not limited to, social and recreational programs, continuing education,
information and counseling, recreational, homemaker, outside maintenance
and referral services, an accessible physical environment, emergency
and preventive health care programs, congregate dining facilities,
transportation to facilitate access to social services and services
designed to encourage and assist residents to use the services and
facilities available to them. [The housing facility need not have
all of these features to qualify for the exemption under this Subsection
C(1).]
It is not practicable to provide significant facilities and
services designed to meet the physical or social needs of older persons
and the housing facility is necessary to provide important housing
opportunities for older persons. In order to satisfy this Subsection
C(2) of this section, the owner or manager of the housing facility
must demonstrate, through credible and objective evidence, that the
provision of significant facilities and services designed to meet
the physical or social needs of older persons would result in depriving
older persons in the relevant geographic area of needed and desired
housing. The following factors, among others, are relevant in meeting
the requirements of this Subsection C(2) of this section.
Whether the owner or manager of the housing facility has endeavored
to provide significant facilities and services designed to meet the
physical or social needs of older persons, either by the owner or
by some other entity. Demonstrating that such services and facilities
are expensive to provide is not alone sufficient to demonstrate that
the provision of such services is not practicable.
The amount of rent charged, if the dwellings are rented, or
the price of the dwellings, if they are offered for sale.
The income range of the residents of the housing facility.
The demand for housing for older persons in the relevant geographic
area.
The range of housing choices for older persons within the relevant
geographic area.
The availability of other similarly priced housing for older
persons in the relevant geographic area. If similarly priced housing
for older persons with significant facilities and services is reasonably
available in the relevant geographic area, then the housing facility
does not meet the requirements of this Subsection C(2) of this section.
The vacancy rate of the housing facility.
All occupants of every unit in the multiunit housing development
are age 62 or older, unless there is an affirmative finding by the
Planning Board that the housing development provides significant facilities
and services designed to meet the physical or social needs of older
persons. In the event of such a finding by the Planning Board, all
of the units in the housing development are occupied by at least one
permanent resident 55 years of age or older, by no permanent resident
younger than 40 years of age and by not more than one individual 21
years of age or older temporarily residing in the unit, who provides
necessary health care to a permanent resident of the unit and who
is not accompanied by any person(s) intending to reside in the unit,
temporarily or otherwise.
[Amended 9-6-1991]
The owner or manager of a housing facility publishes and adheres
to policies and procedures which demonstrate an intent by the owner
or manager to provide housing for persons 55 years of age or older.
The following factors, among others, are relevant in determining whether
the owner or manager of a housing facility has complied with the requirements
of this Subsection C(3) of these sections:
The manner in which the housing facility is described to prospective
residents.
The nature of any advertising designed to attract prospective
residents.
Age verification procedures.
Lease provisions.
Written rules and regulations.
Actual practices of the owner or manager in enforcing relevant
lease provisions and relevant rules or regulations.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication or processing of materials or products,
all of which are marketed off the premises to the ultimate consumer.
The location or premises used for any industrial operation.
Facilities designed for the elderly, such as congregate housing,
nursing homes, residential health-care facilities and/or a combination
thereof.
[Added 9-6-1991]
NONPROFIT INSTITUTIONAL USESThose limited to churches, public or private schools covering grades kindergarten through grade 12, hospitals for humans, libraries and uses by the municipal, state or federal government.
PROFIT-MAKING INSTITUTIONAL USESThose limited to sanatoriums and nursing homes.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, 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 under any law of this state or of the United States, or whose right
to use, acquire or enjoy property under this chapter or under any
law of this state or the United States has been denied, violated or
infringed upon by an action or a failure to act under this chapter.
Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing,
recycling, salvaging or trading in used or discarded metal, glass,
paper, cordage or any used or disabled fixtures, vehicles or equipment
of any kind.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop, or where four or more dogs of licensing age are kept or
maintained for any reason in any one place or establishment.
[Added 3-8-2012 by Ord. No. 2012-2]
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, including every parcel of land created by
a subdivision duly approved by the Planning Board and filed with the
county recording officer as required by law.
[Amended 9-5-1986; 5-6-1988; 12-1-1989]
LOT AREAThe total square unit contents of any lot as measured within the lot lines and computed in accordance with the provisions of this chapter, not including any land area within the street lines. All lots in every zone district are subject to the provisions of the lot area calculations as detailed in § 160-110 of this chapter.
LOT CORNERA lot at the junction of and having frontage on two or more intersecting streets or a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
BUILDING COVERAGEThat percentage of the lot area covered by roofed areas as measured to perimeter dimensions of the roof or roofs of all buildings and/or structures on the lot.
AGGREGATE COVERAGEThat percentage of the lot area covered by any impervious surface or improved surface or water surface, which surfaces are not available for the natural absorption of water into the surface of the ground, including but not limited to roofed areas of buildings or structures, paved areas, sidewalks, septic systems and natural or artificial water bodies.
LOT WIDTHThe horizontal distance between the side lot lines, measured between the points on the side lot lines at which they are intersected by the building line.
LOT WIDTH, AVERAGEThe average distance between the side lot lines, measured parallel to the lot width dimension line.
LOT DEPTHThe average distance between the street line and the side or rear lot lines, measured perpendicular to the lot width dimension line.
LOT FRONTAGEThe horizontal distance between the side lot lines, measured along the street line.
LOT LINESThe property boundary line of a lot.
The permitted reduction in the required minimum lot size
by an allowable maximum amount of lots in a subdivision, along with
a corresponding increase in the area of other lots above the minimum
lot size, so that the average area of all lots in the subdivision
is equal to or greater than the minimum required lot size.
[Added 6-7-2002 by Ord. No. 2002-12]
Any security that is acceptable by the municipality to secure
the maintenance of improvements installed by subdividers or developers
for a period of time subsequent to release of the performance guaranty
with respect to such improvements required pursuant to this chapter.
All site plans not classified as minor site plans.
A system of fuel cells, solar or photovoltaic panels and
equipment for the production of energy that is not a minor solar or
photovoltaic energy facility or structure.
[Added 12-12-2012 by Ord. No. 2012-6]
Any subdivision not classified as a minor subdivision.
A business which provides the service of massage and body
manipulations, including exercises, heat and light treatments of the
body and all forms and methods of physical therapy, unless operated
by a medical practitioner or professional physical therapist licensed
by the State of New Jersey. Excluded from this definition, however,
are barbershops or beauty shops wherein a massage may be given to
the scalp, face, neck or shoulders.
A composite of one or more written or graphic proposals for
the development of or use of land in the municipality, as set forth
in and adopted pursuant to Section 19 of Chapter 291 of the Laws of
New Jersey 1975 (N.J.S.A. 40:55D-28).
A development plan involving one or more lots which is not an exempt development as set forth in § 160-62A and which involves a new structure, addition or renovation to an existing structure which constitutes less than 10% of the aggregate area of buildings (as defined in § 160-5) on the lot or 3,500 square feet, whichever is the more restrictive. Such construction shall not require variances or amendments to traffic circulation, parking, wastewater disposal, storm drainage or land disturbance in excess of 5,000 square feet. Notwithstanding any of the above, all development plans involving farm buildings, as defined in this section, shall be processed by the Board as minor site plans.
[Amended 2-2-1996]
A fuel cell, solar or photovoltaic panel or system of panels
for the production of energy that:
[Added 12-12-2012 by Ord. No. 2012-6]
Uses solar energy as its fuel;
Is located on the power beneficiary's premises;
Is designed and intended primarily to offset part or all of
the beneficiary's requirements for energy consumption on site;
Is secondary to the beneficiary's use of the premises for other
lawful purpose(s);
Has a DC rating of 25 kW (Kilowatts) or less, unless constructed
on an existing roof;
Is intended to mitigate electrical system improvement requirements;
and
Is designed to generate not more than 125% of the power consumed
by the beneficiary's premises, which shall be documented through the
submission of power company electricity usage bills on a yearly basis
or another form of documentation acceptable for the White Township
Zoning Officer.
Any subdivision of a parent tract creating not more than
two lots, fronting on an existing street, plus the remaining portion
of the parent tract; not involving any new street or road, any planned
development or the extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of the Municipal Land Use Law
(N.J.S.A. 40:55D-42); not adversely affecting the development of any
portion of the subject parcel or adjoining property; and not in conflict
with any provision or portion of the Master Plan, Official Map, Zoning
Ordinance[4] or this chapter. No more than one minor subdivision shall
be granted in any twenty-four-month period.
[Amended 4-3-2003 by Ord. No. 2003-8]
Shall have the same definition as "manufactured home" as
that term is defined in N.J.S.A. 40:55D-102c.
[Amended 11-14-1986]
Shall be defined as that term is defined in N.J.S.A. 40:55D-102d.
[Amended 11-14-1986]
The Township Planning Board, the Township Board of Adjustment
or the Township Committee when acting pursuant to this chapter, and
any agency which is created by and responsible to the Township of
White when such agency is acting pursuant to this chapter.
The number of dwelling units per acre of land forming a residential
cluster in a portion of a tract.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter or becomes
lawful by lawful variation of the requirements of this chapter but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision, amendment or variation.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
or becomes lawful by lawful variation of the requirements of this
chapter but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision,
amendment or variation.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter or becomes lawful by lawful
variation of the requirements of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision, amendment or variation.
Those zones set forth in the zoning regulations of this chapter
and known as N-C, C-C, H-D, O-B and I Zone Districts.
[Amended 7-12-1985]
A building or group of buildings in which nursing care and
medical services are prescribed by or performed under the general
direction of persons licensed to practice medicine or surgery in the
State of New Jersey, for the accommodation of convalescents or other
persons who are not acutely ill and not in need of hospital care but
who do require skilled nursing care and related medical services.
That which to the average person, applying contemporary community
standards, when considered as a whole, is patently offensive in the
description or representation of sexual matters or violence or has
as its dominant theme and purpose an appeal to the prurient interest.
The residing of a person or persons in a dwelling unit overnight
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, public or industrial building.
A map adopted by ordinance pursuant to Article 5 of Chapter
291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-32 through 36)
and is deemed conclusive with respect to the location and width of
streets and public drainageways and the location and extent of flood
control basins and public areas, including public parks, playgrounds,
trails, paths and other recreation areas, public open spaces, scenic
and historic sites, sites for schools and other public buildings and
structures, whether or not such streets, ways, basins or areas are
improved or unimproved or are in actual physical existence.
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. (See explanatory diagram on Appendix B.[5])
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
(See explanatory diagram on Appendix B.[6])
An improvement which is not located on the property which
is the subject of an application for development nor on a contiguous
portion of a street or right-of-way and includes any of the following:
All improvements of the types required on site or on tract which
are, in whole or in part, made necessary by the proposed application
of the applicant and where the making of such improvements will confer
a benefit upon the applicant's lands which are the subject of the
application.
Any improvement or facility the installation of which is required
in the public interest and the public need for which would not arise
but for the improvement of the lands which are the subject of the
applicant's application and the installation of which would confer
a benefit upon the applicant's lands which are the subject of the
application. In addition to improvements of the type referred to above,
the term specifically includes improvements required to maintain a
safe flow of vehicular and pedestrian traffic necessary in the public
interest.
Installation of new improvements and extensions and modifications
of existing improvements.
Located on the lot in question. (See explanatory diagram
in Appendix B.[7])
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
(See explanatory diagram in Appendix B.[8])
Any improvement the installation of which may be required
as part of an application for development and which is to be located
on the property which is the subject of an application for development
or on a contiguous 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. Open space excludes
utility rights-of-way, roads and drainage facilities.
[Amended 2-15-1994]
A permitted reduction in lot size and lot area requirements
in major subdivisions as may be permitted in a residential zone in
which overall density requirements for residential clusters are maintained
and where all resulting undeveloped land within said subdivision is
set aside for a private or public open space as an appurtenance.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be processed for development under this chapter.
A paved surface intended to provide access to individual
parking stalls within a parking area.
An open area other than a street or other public way used
for the parking of motor vehicles and shall include parking spaces
and service aisles as herein defined and regulated as well as landscaped
area, if any, but shall not include access drives from a public thoroughfare.
A clearly designated area, designed in conformity with the standards of Article XI of this chapter, intended to be used for off-street parking of one motor vehicle in a garage or parking area.
[Amended 7-12-1985; 9-5-1986]
A security or cash which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a subdivision plat or site plan.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
[Added 3-8-2012 by Ord. No. 2012-2]
An area of a minimum contiguous size, as specified in this
chapter, to be planned and developed as a single entity and containing
one or more residential clusters, together with appropriate public,
quasi-public or private open spaces, and limited commercial and recreational
facilities designed primarily for the benefit of the residents of
the PRD.
[Added 7-12-1985]
The Planning Board of the Township of White, established
pursuant to this chapter.
The map or maps of a subdivision.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A.
40:55D-46, 40:55D-48 and 40:55D-49) prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
Architectural drawings prepared during introductory stages
of the design illustrating the functional scheme and the aesthetic
concept of the building, with its size, scale and relationship to
its site and immediate environs, including structural and construction
details only to the extent necessary to convey the broad architectural
scheme, mass and finish of the building.
The preliminary map or maps indicating the proposed layout of the subdivision which is submitted to the Township Clerk for Planning Board consideration and preliminary approval and meeting the requirements of § 160-63C of this chapter.
The preliminary development plan indicating the proposed layout of the site which is submitted to the Township Clerk for Planning Board consideration and preliminary approval and meeting the requirements of § 160-63E of this chapter.
A principal use is the primary or predominant use of any
lot. A principal structure is one devoted to the principal use.
Those minor roads other than a driveway or a dedicated public
street that provide access to and frontage for lots that do not abut
a dedicated public street.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his family or guests
for swimming, diving and other aquatic sports and recreation. The
term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground and holding less than 500
gallons of water.
A disabled person or a person 62 years of age and over who
resides in a congregate housing facility.
[Added 12-1-1989]
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, mains, valves or structures or sewer pipes, valves
or structures maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm or creature of the local, state or federal
government or by any privately owned public utility corporation.
A map prepared as part of an application for residential
cluster or open space zoning development which shows the number of
lots a tract of land would yield under conventional subdivision design
and in compliance with all municipal, county and state codes relating
thereto.
[Added 12-2-1994]
The majority of the full authorized membership of a municipal
agency.
An area to be developed as a single entity according to a
plan, containing residential housing units which have a private or
public open space area as an appurtenance.
The total number of dwelling units per unit content of land
which may be or are developed on an area of land before requirements
for public access and required open spaces are provided.
The total number of dwelling units per unit content of land
which may be or are developed on an area of land after public access
and required open spaces are provided.
A residential facility, whether public or private, whether
incorporated or unincorporated, whether for profit or nonprofit, operated
at the direction of or under the management of an individual or individuals,
corporation, partnership, society or association, which furnishes
food and shelter to persons 55 years of age or older who are unrelated
to the proprietor and which provides dietary services, recreational
activities, supervision of self-administration of medications, supervision
and assistance in activities of daily living and assistance in obtaining
health services to any such persons as necessary.
[Added 9-6-1991]
A professional office use when conducted on residential property
and limited to those residing on the premises and legally practicing
medicine, law, dentistry, architecture and engineering, the conduct
of which does not involve the employment of more than one employee
and is limited to the ground floor.
Those zones set forth in the zoning regulations of this chapter
and known as R-1, R-1B, R-1C, R-2, R-3 and R-4 Zone Districts.
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar at a public
or a nonprofit playground, playfield, park or swimming club maintained
solely by the agency or group operating the recreational facilities
and for the sole use of the patrons of the facility shall not be deemed
to be a restaurant.
An establishment where patrons are served soft drinks, ice
cream and other food products for consumption off the premises, outside
the confines of the principal building or in automobiles parked on
the premises, regardless of whether or not, in addition thereto, seats
or other accommodations are provided for the patrons.
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 so
as to combine existing lots by deed or other instrument.
A retail establishment for the sale on the premises of motor
vehicle fuel and other petroleum products and automobile accessories,
and for the washing, lubrication, and minor repair of automotive vehicles,
but not including tire recapping, engine overhaul, or body and fender
work. Sales of liquid propane shall be limited to the exchange of
propane tanks with no refilling of propane tanks on the premises.
[Added 2-22-2007 by Ord. No. 2007-5]
A structure constructed or erected between lands of different
elevations to protect structures and/or to prevent erosion.
[Added 6-7-2002 by Ord. No. 2002-11]
As applied to garden apartment developments, a living room,
dining room, kitchen and/or bedroom. A kitchenette, which does not
include space for eating, and a dining area of which one full wail
is open into a living room shall be counted as 1/2 room. A bathroom
shall not count as a room.
A lot in single ownership.
A line within the bounds of a lot parallel to a property
line at a distance from the respective property line equaling the
respective front, rear or side yard required by this chapter.
An adult bookstore, motion-picture studio or massage parlor
or any other business or establishment dealing predominantly with
obscene acts or materials.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious groups.
Sign area shall be calculated as the entire area within a
continuous perimeter, enclosing the extreme limits of sign display,
including any frame or border. Where there is no frame or border,
including signs composed of individual letters, numerals, or other
symbols or illustrations, the sign area shall be the sum of the area
of the smallest geometric area encompassing all of said letters or
symbols or illustrations. Sign area shall not be construed to include
the supporting members of any sign which are used solely for such
purpose.
[Amended 6-28-2018 by Ord. No. 2018-03]
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
A building or structure intended to lawfully accommodate
one dwelling unit.
Ownership of a separate parcel of real property, not adjoining
land in the same ownership, whether by one person or by two or more
persons owning property jointly as tenants, as tenants by the entirety
or as tenants in common.
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 and
screening devices.
Any other information reasonably necessary and required in order
to make an informed determination pursuant to this chapter.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for purposes of reviewing site plans
for a report back to the entire Board and such other duties relating
to land development which may be conferred on this Committee by the
Board and the Planning Board's bylaws.
A provision for temporary storage of stormwater runoff and
the controlled release of such runoff during and after a flood or
storm.
[Added 3-1-1996]
Structural and nonstructural control of stormwater runoff
and nonpoint pollution.
[Added 3-1-1996]
A provision for the permanent storage of a fixed volume of
water.
[Added 3-1-1996]
That portion of a building included between the surface of
any floor, excluding basement, and the surface of the floor next above
it or, if there is no floor above it, then the space between the floor
and the ceiling next above it. A "split-level story" shall be considered
a second story only if its floor level is six feet or more above the
floor of the level next below it.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story.
The limits of the land area covered by the waters in a stream
under conditions of an average twenty-five-year storm.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown on the White Township Official Street
Map adopted June 4, 1976, as amended, or on any subdivision plat duly
approved by the Planning Board subsequent to the adoption of this
chapter and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines. For the purpose
of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
DEAD-END STREET or CUL-DE-SACAny street or combination of streets having only one outlet or connection to a street having more than one outlet or means of access.
PRIVATE STREETSThose minor streets other than a driveway or a dedicated public street that provide access to and frontage for lots that do not abut a dedicated public street.
The dividing line between a lot and the outside boundary
of an adjoining street. Street line is synonymous with street right-of-way
line.
Anything constructed or erected the use of which requires
location on or in the ground or attachment to something having location
on or in the ground.
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 another and with the owner's written consent presented to the Planning
Board.
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 within the meaning
of this chapter if all parcels created have frontage on a street as
required for the zone district in which they are located:
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property by court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the Secretary of the Planning Board to conform to
the requirements of this chapter and are shown and designated as separate
lots, tracts or parcels on the Tax Map or atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least two Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter, reviewing subdivisions
and such other duties relating to land subdivision which may be conferred
on this Committee by the Board and the Planning Board's bylaws.
An exemption granted by the Planning Board from the procedures established for subdivisions in Articles IX, X and XI of this chapter for an alteration, diminution, creation or elimination of any lot line which does not constitute a subdivision under the definition of a subdivision pursuant to § 160-5 of this chapter, such as divisions or land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property by court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Secretary of the Planning Board to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Maps or atlas of the Township.
Features of congregate housing facilities, including common
kitchen and dining facilities; meal program, providing at least one
hot meal a day with at least 1/3 of the recommended daily dietary
allowance as determined by the nutrient standard method of menu planning;
housekeeping program, providing cleaning assistance, laundry and linen
service; and central medical services.
[Added 12-1-1989]
A portion of a building designed and occupied exclusively
as a residence for one family, and one of a group of three or more
attached dwellings, placed side by side, separated by party walls,
each containing one or two stories, and each having separate front
and rear or side entrances from the other and providing direct access
to and from the outdoors.
The Township of White.
A lot or premises used for occupancy by two or more camper
or travel trailers.
The typed or printed verbatim record of the proceedings or
reproduction thereof.
A vehicular, portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, and vacation, having
a body width not exceeding eight feet and a body length not exceeding
35 feet.
Permission to depart from the literal requirements of a zoning
regulation.
FRONT YARDAn open unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot between any building and the front lot line and measured perpendicular from the front lot line to the building at the closest point of the building to the front lot line; provided, however, that where there is a proposed widening of the right-of-way of the street as shown on the Master Plan or Official Map, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on the Master Plan or Official Map and not the above-mentioned street line. Front steps extending not more than 48 inches from the front line of the building shall not be construed as part of the building unless said steps are enclosed. (See explanatory diagrams in Appendix A.[10])
[Amended 3-27-2008 by Ord. No. 2008-1]
REAR YARDA space unoccupied except by an accessory building or use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the rear line of any building other than an accessory building. If there is no rear lot line, as in the case of a triangular-shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming, provided that there can be drawn entirely within the property a quadrilateral formed by the rear line of the principal building, the extension of the side lines of the principal building from the rear of the principal building to lot lines of the property and a line connecting said extended building side lines, which quadrilateral shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard.
[Added 9-5-1986]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[2]
Editor's Note: The former definition of "complete application,"
which immediately followed this definition, was repealed 9-5-1986.
[5]
Editor's Note: Appendix B is included at the end of this chapter.
[6]
Editor's Note: Appendix B is included at the end of this chapter.
[7]
Editor's Note: Appendix B is included at the end of this chapter.
[8]
Editor's Note: Appendix B is included at the end of this chapter.
[10]
Editor's Note: Appendix A is included at the end of this chapter.
[11]
Editor's Note: Appendix A is included at the end of this chapter.
