This chapter shall be known as the "Land Use Ordinance of the
Borough of Edgewater."
A.Â
It is the purpose of the Borough in adopting this chapter to exercise
to the fullest the powers granted to the Borough by the State of New
Jersey to manage land use through zoning, subdivision and site plan
control and through the police power generally. It is the further
purpose of the Borough in adopting this chapter to organize and codify
all such powers of land use management into one comprehensive cohesive
system in order to facilitate the administration of land use procedure,
while providing maximum protection of the public health, safety and
general welfare in accordance with the provisions of N.J.S.A. 40:55D-2
et seq.
B.Â
It is the intent and purpose of this chapter to:
(1)Â
Encourage action to guide the appropriate use or development of all
lands in the Borough of Edgewater in a manner which will promote the
public health, safety, morals and general welfare.
(2)Â
Secure safety from fire, flood, panic and other natural and man-made
disasters.
(3)Â
Provide adequate light, air and open space.
(4)Â
Ensure that the development of the Borough of Edgewater does not
conflict with the development and general welfare of neighboring municipalities.
(5)Â
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods and the entire municipality as well as the preservation
of the environment.
(6)Â
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies.
(7)Â
Provide sufficient space in appropriate locations for a variety of
residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
(8)Â
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight.
(9)Â
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
(10)Â
Promote the conservation of open space and valuable natural
resources and prevent urban sprawl and degradation of the environment
through improper use of land.
(11)Â
Establish orderly and uniform procedures relating to land use
and development regulation.
(12)Â
Generally achieve and advance the various purposes of the Municipal
Land Use Law (c. 291, P.L. 1975) as set forth in the statement of
purposes of said law in N.J.S.A. 40:55D-2.
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically or impliedly repealed
by this chapter, or any private restrictions placed upon property
by covenant, deed or other private agreement unless repugnant hereto.
Whenever this chapter imposes a greater restriction, including but
not limited to the use of buildings or premises or upon the height
of buildings or lot coverage or requires greater lot area or longer
yards or other open spaces than are imposed or required by such rules,
regulations or permits or by such private restrictions, the provisions
of this chapter shall control.
In the construction of this chapter, the present tense shall
include the future, the singular number shall include the plural,
and the plural the singular. The word "shall" is always mandatory.
The word "may" is permissive. The words "zone" and "district" are
synonymous. The word "used" shall include the words "arranged," "designed"
or "intended to be used." Any word or term not interpreted or defined
by this section is to be given its standard or common meaning. Whenever
a term is used in this chapter which is defined in N.J.S.A. 40:55D-1
et seq., such term shall have the meaning in the state statute.
For purposes of this chapter, the following phrases and words
shall have the meanings indicated.
A use or structure subordinate to the principal use or structure
on the same lot and serving a purpose customarily incidental to the
principal use or the principal structure. Where an accessory building
is attached to a principal building by a roof, wall or the like, such
accessory building shall be considered part of the principal building.
The Zoning Officer.[1]
Development designs or existing features on a developer's
property, or nearby property, creating, imposing, aggravating or leading
to impractical, unsafe, unsatisfactory or noncomplying conditions,
such as a layout inconsistent with the zoning regulations; insufficient
street location; inconvenient street system; inadequate utilities,
such as water, drainage, shade trees and sewerage; unsuitable size,
shape and location of any area reserved for public use or land for
open space in a planned development; infringement upon land designated
as subject to flooding; and the creation of conditions leading to
soil erosion by wind or water from excavation or grading; all as set
forth in N.J.S.A. 40:55D-38 and measured against the design and performance
standards of this chapter.
Any changes in the supporting members of a building, such
as bearing walls, columns, beams or girders, or in the dimensions
or configuration of the roof or exterior walls.
Any video game or similar machine operated by coin, disc,
token, key or similar device.
A dwelling unit in a building having three or more dwelling
units.
Acceptance of a plan or plat by the approving authority and
meeting the preliminary or final plat requirements, as applicable.
The Planning Board or Board of Adjustment, unless a different
agency is designated in this chapter pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
Residences for the elderly that provide units which may include
semi-independent living quarters and the supervision of self-administered
medication, as well as shared facilities for meals, recreational activities,
personal care and transportation.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and automobile accessories are
supplied and dispensed directly to the motor vehicle trade and where
mechanical repair but not body repair may be rendered as an accessory
activity, provided that all mechanical repair takes place within the
confines of a building.
That portion of a building which is partly or completely
below grade.
An area either in its natural state or planted with evergreen
or other suitable vegetation, fences, walls, berms, or any combination
thereof, used to physically separate or screen one use or property
from another so as to visually shield or block noise, lights or other
nuisances. Such areas may not contain buildings, parking areas or
aisles or storage areas, except that driveways providing access from
the street to the site may extend through a front yard buffer. Signs
approved by the approving authority may also be included.
The percentage of a lot covered by buildings, including accessory
structures such as porches, decks and building appurtenances.
The vertical distance measured from grade plane to the average
height of the highest roof surface.
An institution offering the provision of supplemental parental
care and supervision for nonrelated children on a regular basis during
part or all of the day under license by the New Jersey Department
of Human Services. The term "child-care center," as used herein, includes
the terms "infant-care center," "day nursery," "day-care center,"
"nursery school" or similar.
The determination by the approving authority that a plat
is either a minor or major development.
A planned development technique based on a density of dwelling
units per acre. The permitted number of dwelling units is then clustered
onto one or more portions of the overall tract on reduced lot sizes
so that individual segments of the tract have higher densities, provided
that other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
A parcel(s) of land, together with the improvements thereon,
the ownership, use and enjoyment of which are shared by owners and
occupants of one or more of the individual building sites in the development.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
person guidance, under such supervision as required, to not more than
15 developmentally disabled or mentally ill persons who require assistance,
temporarily or permanently, in order to live in the community and
shall include, but not be limited to, group homes, halfway houses,
intermediate-care facilities, supervised apartment living arrangements
and hostels.
The submission of an application form and checklist completed
by the applicant, together with all accompanying documents required
by this chapter, for review by the approving authority. The approving
authority may require such additional information not specified by
ordinance as is reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of any such additional information.
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 contained in the zoning provisions of this chapter and upon the
issuance of an authorization thereof by the Planning Board.
An organization that provides housing, services and health
care (including long-term care) to persons of retirement age. The
community must provide increasing levels of care that meet the needs
of individual residents, beginning with independent living and providing
a variety of health and nursing care services. It offers a contract
based on an entry fee that guarantees shelter and access to various
health care services, whether these are prefunded or on a fee-for-service
basis.
The permitted number of dwelling units per gross acre of
land developed.
The number of dwellings per unit of land, excluding streets,
easements, water areas and lands with environmental constraints.
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
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 or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or use or extension of use of land
for which permission may be required.
Subdivision and/or site plan committee(s) of at least three
members of the approving authority (three members on each committee
if separate subdivision and site plan committees are appointed), appointed
by the Chairman for the purpose of reviewing and making recommendations
to the approving authority on a development application. In the event
that no development committee(s) has been created, the function delegated
to it shall be performed by the approving authority.
Any portion of the territory of the Borough of Edgewater
within which certain uniform regulations and requirements, or various
combinations thereof, apply under the provisions of this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means, including the 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 swales or required along a natural watercourse for preserving
the channel and providing for the flow of water therein to safeguard
the public against the hazard of flooding.
A business or establishment engaged in the sale of food,
soft drinks, ice cream and similar confections which are so prepared,
packaged in paper or other types of disposable wrappers or containers
and served to persons in motor vehicles so as to be intended for consumption
either outside of the building or in motor vehicles while parked on
the premises.
Any permanent building or portion thereof designed or used
exclusively as the residence of one or more persons.
DWELLING, ONE-FAMILYA building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as a "duplex dwelling."
DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another units, and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING, GARDEN APARTMENTOne or more multiple-family buildings with dwelling units located one above the other and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that access is
directly from the outside or through a common hall and that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants.
A commercial establishment where food and drink are prepared,
served and consumed on premises, excluding, however, a fast-food restaurant
and a snack bar or refreshment stand at a public or community swimming
pool, playground or park operated in conjunction with and incidental
to such recreational facility for the sole convenience of its patrons.
The erection, construction, alteration or maintenance by
public utilities or municipal or other government agency of electrical,
gas, water transmission or distribution systems or collection, communication,
water supply or sewage treatment and collection systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
Any number of persons related by blood, marriage or adoption
or living together as a single housekeeping unit.
A private residence in which child-care services for a fee
are regularly provided to no less than three and no more than five
children for no less than 15 hours per week.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building, in cars
on the premises or off the premises. (See also "drive-in restaurant.")
The final map of all or a portion of the subdivision which
is presented to the approving authority for final approval in accordance
with the subdivision regulations, and which, if approved, shall be
filed with the proper county recording officer.
A lot whose area, exclusive of its access drive, meets the
area requirement of the zoning provisions of this chapter but whose
configuration is one of reduced frontage on an approved street (generally
a width sufficient for use as a driveway or future street), with the
enlarged buildable portion of the lot located at the rear of the lot
at the end of the access drive.
The rivers or other watercourses and adjacent land areas
subject to inundation, as defined by the New Jersey Department of
Environmental Protection and Energy, in the event of the design flood.
These areas include, but are not necessarily limited to, the floodway
and flood-fringe areas as delineated on the Flood Insurance Study
for the Borough of Edgewater with accompanying Flood Insurance Rate
Maps and Flood Boundary Maps prepared by the Federal Emergency Management
Agency.
The channel and the relatively flat area adjoining the channel
of a natural stream or river which has been or may be covered by floodwater.
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream
or river.
The sum of the gross horizontal areas of the several floors
of a building. "Floor area," for the purposes of imposing parking
calculations, shall not include areas devoted to mechanical equipment
serving the building, stairways and elevators, interior areas devoted
exclusively to parking and loading for motor vehicles or to any space
where the floor-to-ceiling height is less than seven feet, provided
that no more than 15% of the gross area may be reduced for these common
area calculations.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A building used for the inside storage of one or more vehicles.
Any building, structure, premises and land in which a business
or service involving the maintenance, servicing or repair of vehicles,
but not body repair of vehicles, is conducted or rendered.
The Mayor and Council of the Borough of Edgewater.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
The total upland area contained within a parcel or parcels
of land, excluding any portion of the property that is inundated with
water at any time.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls of the building, but
not including interior parking spaces.
An activity which is incidental to the use of a dwelling
for residential purposes and which is conducted as an accessory use
in the resident's dwelling unit. Licensed professional occupations
shall not be permitted as home occupations.
The portion of a lot which is improved with principal and
accessory buildings, structures and uses and including but not limited
to driveways, swimming pools, tennis courts, parking areas, garages,
walkways, patios, loading areas, hard surfaces and other impervious
materials. Detention or retention basins shall be excluded from such
calculations, provided that the same are constructed of pervious materials.
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of junk debris, whether or not it
is in connection with the dismantling, processing, salvage, sale or
other use or disposition thereof of any material whatsoever.
An off-street berth on the same lot as the building being
served for the temporary parking of a vehicle while loading and unloading.
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.
LOT, CORNERA parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135°.
LOT, THROUGHA parcel of land which extends through from one street to another.
A horizontal distance between the front and rear lot lines,
measured perpendicular or radial to the front lot line at the midpoint
of the lot frontage to the furthest distance thereof or taken as the
average of three measurements, one taken at each corner and one taken
at the midpoint, for irregularly shaped parcels.
The horizontal distance between the side lot lines, measured
along the front lot line.
Any line, including the street line, forming a portion of
the exterior boundary of a lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the "front lot line" shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between side lot lines, measured
parallel to the front lot line at the required front yard setback
line.
The mechanical, electrical or chemical transformation of
materials or substances into new products, excluding the assembly
of components which are prepared from previously prepared materials.
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 1/3 of
the area of the room in which the level or levels are located.
Any undesirable audible sound.
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours for more than two residents who are
not related to the governing authority or its members by marriage,
blood or adoption.
Improvements to accommodate conditions generated by a proposed
development, including but not limited to new improvements and extensions
and modifications of existing improvements. "Off-site" means 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"
means 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.
Any parcel or area of land 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 such open space.
A space used for the parking of motor vehicles within a public
or parking area.
A detached dwelling or semidetached dwelling that shares
no common interior wall, located on the side lot line. The resulting
design offers one larger side yard as opposed to two smaller side
yards that result in conventional designs where the building is sited
toward the center of the lot.
Any use of land or buildings permitted by this chapter.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the approving authority for consideration
and meeting the requirements of the Borough subdivision design standards.
The primary or predominant use of a lot.
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
The office of a dentist, physician, attorney, clergyman,
accountant, engineer, architect, professional planner, insurance agent,
real estate agent or other generally recognized professional licensed
by the State of New Jersey.
Includes all of the professions listed in "professional office,"
provided that the professional person owns and occupies as a dwelling
the unit used in the practice in the profession and the use does not
exceed 30% of the floor area.
The use of land and/or buildings by a municipal, county,
state or federal agency or authority.
Space allocated for the collection and storage of source-separated
recyclable materials.
A commercial establishment where food and drink are prepared,
served and consumed on premises, excluding, however, a fast-food restaurant.
An establishment engaged in selling goods or merchandise
to the general public and rendering services incidental to the sale
of such goods.
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground.
The total width of a street, watercourse, utility alignment
or other way and within, under or over which all improvements and
rights of access are confined.
Establishments primarily engaged in rendering services to
individuals, business and governmental uses. Examples include employment
services, copying and supply services, advertising and mailing, photographic
studios, hair and nail salons, barbershops, shoe repair, clothing
repair and rental, dance, karate and similar uses, music and art classes
and dry-cleaning establishments.
A line parallel to a street line or lot line beyond which
a building does not project. The minimum yard requirements shall be
the minimum required setbacks. All setbacks from public streets shall
be measured from the proposed right-of-way as shown on the adopted
Master Plan.
A triangular area at the quadrants of street intersections
where unobstructed visibility is maintained along the intersecting
street
A development plan for 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
and waterways.
The location of all existing and proposed buildings, driveways,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees. Slope calculations shall
be based on elevation intervals of 10 feet. For example, a deviation
of 10 feet in surface elevation within a horizontal or linear distance
of 100 feet equates to a ten-percent slope.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
STORY, ABOVE GRADEAny story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
STORY, HALFA space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with headroom of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon 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 street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
STREET, ARTERIALAny street that collects and distributes traffic to and from collector streets and whose routes are intended to provide a high degree of mobility. The principal function of an arterial is vehicular movement. An arterial is characterized by access control and channelized intersections.
STREET, COLLECTORA street that collects traffic from local streets and connects to arterial streets.
STREET, LOCALA street which is designed to provide vehicular access to abutting properties and to discourage through traffic.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street, as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan or Official
Map of the Borough, the "street line" shall be considered to be the
proposed right-of-way line for the street.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale, development
or lease.
SUBDIVISION, CONSOLIDATIONThe combining of individual recorded lots to form a single tract in single ownership.
SUBDIVISION, MAJORAny subdivision not classified as a "minor subdivision."
SUBDIVISION, MINORA subdivision of land containing not more than three lots, each fronting on an existing street, provided that such subdivision does not involve a planned development, any new street or extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
One or more lots. Existing streets shall not be included
in calculating the area of the tract.
The specific purpose for which land or a building, structure
or facilities is designed, arranged or intended or for which it is
or may be occupied or maintained.
An open area of land designed for and devoted to recreational
purposes, e.g., parkland, sports fields, playgrounds, swimming pools,
etc.
Services, including but not limited to sewage treatment,
water supply, gas, electric, telephone and cable television.
A building use primarily for the storage of goods and materials.
Those areas as defined by the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as provided by this chapter.
YARD, FRONTThe area extending across the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARThe open space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
YARD, SIDEAn open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.
