For the purpose of this chapter, certain phrases and words are
herein defined as follows:
A.
Words used in the present tense include the future tense;
B.
Words used in the singular number include the plural number
and vice versa;
C.
Words used to include the male gender include the female gender
and vice versa;
D.
The word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used";
E.
The word "lot" includes the words "plot" and "premises";
F.
The word "building" includes the word "structure";
G.
The word "shall" is mandatory and not discretionary; and
H.
The word "may" is discretionary and not mandatory.
A.
Whenever a word or term is used in this chapter which is not
defined in this chapter, but is defined in the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.), the word or term is intended to be
consistent with the meaning as defined in the Municipal Land Use Law
and with the permissible standards pertaining to the word or term.
B.
Any word or term used in this chapter which is not defined in
this chapter or in the Municipal Land Use Law is being used with a
meaning of standard usage as defined in Webster's New International
Dictionary of the English Language, unabridged and latest edition.
The following words and terms shall have the meanings as indicated:
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith, including,
but not limited to, garages, carports, barns, decks, signs, fences,
kennels, dumpster enclosures, sheds, nonportable swimming pools, guesthouses
and all roofed structures. Any accessory building attached to the
principal building shall be considered part of the principal building.
An extension or an increase in the floor area, height or
coverage of a building or structure.
The Allamuchy Township Clerk, unless a different municipal
official is designated by this chapter or by resolution of the Township
Council to administer certain of the responsibilities specified for
the Administrative Officer in the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties, including, but not limited to, inadequate
drainage facilities, unsuitable street grades, street locations that
fail to compose an effective circulation system, failure to provide
or make future allowance(s) for access to the interior portion of
adjoining lots or for other facilities required by this chapter, and
danger from fire, flooding, erosion or other menace.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
The "developer" submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction for issuance
of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 of the Municipal
Land Use Law.
The Land Use Board, unless a different agency is designated
in this chapter pursuant to the Municipal Land Use Law.
A complex of apartment dwelling units which contain living,
sleeping and sanitary facility accommodations, with ancillary services
and activities for the residents, including meals, housekeeping services,
medical services, recreational services and other personal services
required for the residents, where residents meet the requirements
for "assisted living residences" as defined by the State of New Jersey
within N.J.A.C. 8:36 et seq., thereby requiring assistance in normal
daily living activities between "independent living" and "nursing
care."
A space between the ceiling beams of the top habitable story
and the roof rafters. Attic space which has a stairway for access
and egress and in which the ceiling area at a height of 7 1/3
feet above the attic floor is more than 1/3 the area of the floor
next below shall be considered a story for the purposes of this chapter.
A building, accessory to a farm, which is used in connection
with the storage, raising, and/or harvesting of crops, feed, livestock,
farm equipment, agricultural produce and/or hay.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building. A basement shall be considered a story above grade
when the distance from grade to the finished surface of the floor
above the basement is more than six feet for more than 50% of the
total perimeter or is more than 12 feet at any point.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes which is located on a
site other than the site to which the advertising relates. Billboards
are prohibited throughout Allamuchy Township.
The Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
A structure designed to convey motorized/nonmotorized vehicles
and/or pedestrians over a watercourse, railroad, street or other obstacle
or depression.
An unoccupied portion of land maintained as a landscaped
area and used to visually separate one use from another.
An unoccupied portion of land maintained as a landscaped
area and used to visually shield or obscure one abutting or nearby
structure or use from another and consisting primarily of densely
planted vegetation as well as possibly earthen berms, fencing and/or
walls.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured to the highest point of the
building from the average elevation of the finished grade five feet
from the foundation of the building along all side(s) of the building.
In all cases where this chapter provides for height limitations by
reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within said footage.
A self-propelled vehicular structure built as one unit on a
chassis and designed for temporary living for travel, recreation,
vacation or other short-term use, which may contain cooking, sleeping,
and sanitary facilities.
An inflexible structure built on a chassis and containing cooking
and sleeping facilities for travel, recreation, vacation or other
short-term use and designed to be towed by another vehicle.
A portable, vehicular structure built on a chassis designed
for camping, the body of which is rectangular with a flat top not
more than four feet above the surface of the ground. It is designed
to have a temporary tent erected above the four-foot level for camping
activities.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is the paved or graded width.
That portion of a building partly below and partly above
grade, where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
Antennas which are used for the transmission and/or reception
of wave frequencies for the purposes of telephone, radio, paging and/or
television communications. Said cellular antennas shall be permitted
as conditional uses in accordance with the specific zoning conditions
and standards for their location and operation included within this
chapter. For the purposes of this chapter, cellular antennas shall
not be considered to be a public utility.
Any facility which:
Is maintained for the care, development and supervision of six
or more children who attend the facility for less than 12 hours a
day;
Offers such programs as child-care centers, day-care centers,
drop-in centers, day nursery schools, play schools, cooperative child-care
centers, centers for children with special needs, infant-toddler programs,
employment-related centers, and/or kindergartens that are not an integral
part of a private educational institution or system offering elementary
education in grades kindergarten through sixth; and
Does not offer programs operated in the day-care center by a
public or private day school of elementary and/or high school grade,
special activity programs for children, youth camps, and/or religious
classes or centers.
Any private residence in which child-care services are regularly
provided to no less than three and no more than five children at any
one time for no less than 15 hours per week. A child being cared for
under the following circumstances is not included in the total number
of children receiving child-care services:
Any organization formed for the primary purpose of fraternal,
social, educational or charitable group activities which are not conducted
for financial gain.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 persons with head injuries 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, supervised apartment
living arrangements and hospitals. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). The term
"person with head injury" means a person who has sustained an injury,
illness or traumatic changes to the skull, the brain contents or its
coverings which results in a temporary or permanent physio-biological
decrease of mental, cognitive, behavioral, social or physical functioning
which causes partial or total disability.
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 personal 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.
Such a residence shall not be considered a health care facility,
within the meaning of the Health Care Facilities Planning Act, P.L.
1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
In the case of such community residence housing mentally ill
persons, such residence shall have been approved for a purchase of
service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
As used in this chapter, "developmentally disabled person" means
a person who is developmentally disabled as defined in Section 2 of
P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means
a person who is afflicted with a mental illness as defined in N.J.S.A.
30:4-27.2, but shall not include a person who has been committed after
having been found not guilty of a criminal offense by reason of insanity
or having been found unfit to be tried on a criminal charge.
[Amended 5-21-2013 by Ord. No. 2013-05]
Community residence for the terminally ill means any community
residential facility operated as a hospice program, providing food,
shelter, personal guidance and health care services, under such supervision
as required, to not more than 15 terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the applicable
municipal agency or its authorized committee or designee when so certified
by the municipal agency or its authorized committee or designee.
In the event the application is not certified to be complete
within 45 days of the date of its submission, the application shall
be deemed complete upon the expiration of the forty-five-day period
for purposes of commencing the applicable time period for action by
the municipal agency or its authorized committee or designee unless:
The application lacks information indicated on the appropriate checklists contained in Article 800 of this chapter; and
The municipal agency or its authorized committee or designee
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of submission of the application.
The applicant may request that one or more of the submission
requirements be waived, in which event the municipal agency shall
grant or deny the request within 45 days.
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application.
The municipal agency may subsequently require correction of
any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application have been met. However, the application shall not
be deemed incomplete for lack of any such additional information or
any revisions in the accompanying documents so required by the municipal
agency.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in § 190-601 of this chapter and upon the issuance
of an authorization therefor by the Land Use Board.
An easement in favor of Allamuchy Township, an approved homeowners'
association, or other designated conservation organization acceptable
to the Township for the purpose of preserving open space, aquatic
buffers and/or the natural, scenic, agricultural, aesthetic or historic
value of land and precluding any building on the premises.[1]
A relatively small food market where prepackaged foods, magazines
and newspapers, cigarettes, dairy products, and/or similar foods and
items sold for consumption or use elsewhere, including those establishments
where, as a secondary use of the premises, prepared foods (e.g., meats,
cheeses, salads, etc.) are sold over the counter in sandwiches or
are packaged to take out.
Any development other than "planned development."
A facility for corporate businesses to conduct the training
of employees and professional conferences and seminars. Such centers
may include offices, meeting rooms, lecture halls, banquet halls,
ballrooms and accommodations for sleeping, eating and recreation for
the employees or guests of the corporate business, who are attending
sessions at the training or conference center.
The aggregate square footage or other area measurement by
which all buildings occupy a lot, as measured in a horizontal plane
around the periphery of the foundation, and including the area under
any roof extending more than two feet beyond the foundation.
The aggregate square footage or other area measurement by
which all sidewalks, driveways and parking areas, whether paved, graveled
or unsurfaced, and all buildings and other structures cover a lot,
as measured in a horizontal plane to the limits of the structure or
improvement.
Wetlands, wetland transition areas, one-hundred-year floodplain
areas, and lands with a topographic slope 15% or greater within Allamuchy
Township.
Facilities that serve as art galleries, museums, theatres,
libraries, preserved historic sites, and similar facilities and which
are not operated on a for-profit basis. Health, wellness and recreational
activities serving the community with programs open to the public
and operated by a nonprofit health, wellness and recreation organization
are permitted in cultural facilities. The charging of reasonable admission
fees and sales of gift shop merchandise by cultural facilities are
expressly permitted. The renting of cultural facilities for such special
events as concerts, weddings, holiday parties, corporate gatherings
and similar events is a permitted accessory use.
[Added 12-15-2015 by Ord.
No. 2015-10]
Calendar days.
An appropriation or giving up of property to public use which
precludes the owner or others under him/her from asserting any right
of ownership inconsistent with the use for which the property is dedicated.
A shop where prepared cooked meats, smoked fish, cheeses, salads and/or other similar foods are sold for consumption primarily off the premises, although a relatively limited area may be utilized for the seating of no more than six patrons, provided that the use does not otherwise meet the definition of "convenience store." If any seats (up to the six) are provided in the delicatessen, parking for the seats shall be provided at the ratio of one parking space for every four seats, or portion thereof, in addition to the parking spaces otherwise required for the retail use as specified in Article 400 or 600 of this chapter for the applicable zoning district.
The permitted number of dwelling units per gross area of
land to be developed.
The number of dwelling units per acre for that portion of
the overall tract which is being developed with a specific type of
dwelling unit, including its adjacent common property or open space.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
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 any
mining, excavation or landfill; and any use or change in use of any
building or other structure or land or extension of use of land, for
which permission may be required.
A subdivision and/or site plan committee which reviews submitted
applications for development and offers advice to the Land Use Board
regarding the applications. Each committee is comprised of at least
three members of the approving authority, as may be appointed by the
Land Use Board Chairman, and the Board Attorney, Board Engineer and
Board Planner. In the event that no development committee(s) has been
created, the functions delegated to it shall be performed by the approving
authority.
[Amended 7-18-2006 by Ord. No. 2006-14]
The removal of surface water or groundwater from land by
drains, grading or other means and including control of runoff during
and after construction or development in order to accomplish the following:
Minimize erosion and sedimentation;
Assure the adequacy of existing and proposed culverts and bridges;
Induce water recharge into the ground where practical;
Lessen nonpoint pollution;
Maintain the integrity of stream channels for their biological
functions as well as for drainage; and
Provide the means necessary for water supply preservation and
prevention or alleviation of flooding.
The lands required for the installation and maintenance of
stormwater drains and pipes, sanitary sewers, water supply pipes,
drainage ditches and other utility infrastructure, or the lands required
along a natural stream or watercourse in order to preserve the channel
and provide for the overland flow of water to safeguard the public
against flood damage.
A means of ingress and egress for vehicles to and from a
property.
A room or series of connected rooms designed for permanent
residency and containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. A dwelling shall be self-contained and
shall not require the use of outside stairs, passing through another
dwelling unit or any other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
APARTMENTA building other than a building of attached townhouses containing a minimum of three dwelling units.
DETACHED SINGLE FAMILYA building containing sleeping, sanitary and general living facilities which is physically detached from any other building or portion thereof and which is occupied or intended to be occupied for residence purposes by one housekeeping unit only, including any domestic servants employed on the premises.
PATIO HOMEA one-family dwelling unit on an individual lot which may be attached to a second one-family dwelling unit on an adjacent lot. A patio home either is located on one side lot line (zero lot line) and/or provides a courtyard or other outside privacy area incorporated into the design of the dwelling unit.
TOWNHOUSEA building containing at least three, but no more than the maximum number of connected dwelling units stipulated in § 190-502J of this chapter, where each dwelling unit:
Has its own front and rear access to the outside;
Is not located over any portion of another unit;
Is separated from any other dwelling unit by one or more common
fire-resistant walls; and
Is compatibly designed in relation to all other units, but is
distinct by such design features as width, setback, roof design, color,
exterior materials, and other features, singularly or in combination.
TWO-FAMILYA building on one lot containing two dwelling units only, each having entrances on the first floor, intended for the residential occupancy by two housekeeping units, each living independently of each other and each unit with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, except for access to the outside or to a common basement.
A right, created by deed or other legal means, to use the
real property of another for one or more specific purposes (e.g.,
access, drainage, conservation, utility services, etc.) for the benefit
of private persons or for the benefit of the public.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The word "family" shall mean the same as "housekeeping unit."
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care, in which child-care services are regularly provided
to no less than three and no more than five children at any one time
for no less than 15 hours per week. A child being cared for under
the following circumstances is not included in the total number of
children receiving child-care services:
A lot devoted to the growing and harvesting of crops and/or
the raising and/or breeding of animals, including truck farms, fruit
farms, nurseries and greenhouses, silviculture operations, dairies
and livestock produce, except that commercial piggeries and commercial
slaughtering are prohibited. Structures incidental to a farm, such
as barns and packing, grading and storage buildings for produce raised
on the premises; fences; buildings for the keeping of permitted poultry
and livestock; silos not to exceed 75 feet in height; and garages
for the keeping of trucks and other equipment used in farm operations,
are permitted when accessory to a permitted farm use.
See definition of "restaurant, fast-food."
An indoor commercial establishment equipped for the physical
training and conditioning of people, including weight-lifting equipment,
exercise equipment, aerobic exercise rooms, racquetball courts, locker
rooms, saunas, swimming pools and other similar supporting and ancillary
facilities. Fitness centers shall not be construed to include recreational
facilities not specifically associated with physical training and
conditioning, such as, but not limited to, bowling alleys, batting
cages, indoor golf, billiards, public swimming pools, and other similar
activities.
A lot whose area, exclusive of its access drive, meets the
area requirements 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 relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater, including
the following components:
FLOOD HAZARD AREA DESIGN FLOODThe one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.
FLOODWAYThe 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 without accumulatively increasing the water surface elevation more than 0.2 feet.
FLOOD-FRINGE AREAThe portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREAThe floodway and the flood-fringe area of a delineated stream.
The plane projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section provided that
the area under any roof overhang of four feet or less and/or any under
roof parking area shall not be included in the GFA calculation. Basements
which satisfy applicable construction definitions of habitable space
are included in the GFA.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet, including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, utility (heating and cooling) rooms,
half stories and unfinished attics and basements.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An accessory building for the storage of motor vehicles regularly
operated by occupants of the principal building and in which no occupation,
business or service for profit is carried on, other than a home occupation
as permitted in accordance with § 190-603 of this chapter.
Said garages shall have solid floors (as opposed to dirt or gravel
floors) and shall be limited in capacity to three vehicles.
Any building, premises and land in which, or upon which,
a business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
A comprehensive plan for the development of a planned development
in accordance with the provisions specified in this chapter.
The slope of a road, path, driveway, swale or other surface,
or the average finished ground elevation adjoining a building at project
completion.
A business conducted in or from a dwelling unit and/or its
permitted accessory buildings or structures, which business is clearly
subordinate and ancillary to the principal residential use of the
property and which business meets the requirements specified for home
occupations in § 190-603 of this chapter. For purposes of
this chapter, the term home occupation also shall include family day-care
homes and child-care residences.
An organization operating in a development under recorded
agreements through which each lot owner shall be a member and each
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the Township
in accordance with N.J.S.A. 40:55D-43.
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Any natural or man-made surface which does not permit infiltration
of water.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, 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 municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under the provisions of this chapter, or whose rights
to use, acquire or enjoy property under the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) or under the provisions of
this chapter or under any other law of this state or of the United
States have been denied, violated or infringed upon by an action or
a failure to act under the provisions of the Municipal Land Use Law
and/or this chapter.
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof.
Any building or land parcel used for the keeping of five
or more adult dogs and/or other household pets.
Any activity involving the fabrication, reshaping, reworking,
assembly or combining of products, parts and/or materials which:
Does not involve the union of chemicals, compounds or elements
to produce a new compound or substance on site for direct industrial
sale;
Does not involve the union of chemicals, compounds or elements on site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow;
May involve the incidental application of chemicals, compounds
or elements of chemical products during the fabrication, reshaping,
reworking, assembly or combining of the products, parts and/or materials,
including, but not limited to, painting, gluing and cleaning;
Stores and contains any and all products, parts and/or materials
utilized during the fabrication, reshaping, reworking, assembly or
combining of the products, parts and/or materials within completely
enclosed buildings; and
May involve the ancillary storage and warehousing of the items
fabricated, reshaped, reworked, assembled or combined during the limited
manufacturing activity.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
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. The word "lot" includes the words "plot"
and "premises."
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135°. The lot
width and lot frontage of a corner lot shall be measured on the narrower
of the two sides of the lot abutting a street for purposes of meeting
the minimum requirements, regardless of the orientation of the building
on the lot. Each corner lot shall have two front yards, one side yard
and one rear yard, the side and rear yards to be designated by the
proposed orientation of the dwelling on the lot at the time of application
for either final subdivision approval or a construction permit if
not designated on the final plat.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line.
 |
The continuous horizontal distance between the side lot lines
measured along the street line. The minimum required lot frontage
shall be the same as the minimum required lot width, except that where
the lot frontage in its entirety is a curve with an outside radius
of less than 500 feet the minimum required frontage shall not be less
than 75% of the required minimum lot width, unless a lesser frontage
is permitted by this chapter. In the case of a corner lot, the narrower
distance along the street line shall be considered the lot frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot which is the same line as the street line for that portion of
a lot abutting a street.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum required lot width at the setback line
shall not be less than 75% of the minimum required lot frontage.
 |
In accordance with the requirements of this chapter, any
security which may be accepted by Allamuchy Township for the maintenance
of any improvements required by this chapter, including, but not limited
to, surety bonds, letters of credit under the circumstances specified
in N.J.S.A. 40:55D-53.5 and cash.
A building or group of buildings consisting of at least six
or more individual sleeping units designed for transient travelers
and not for permanent residency.
The Allamuchy Township Land Use Board or the Allamuchy Township
Council when acting pursuant to the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
[Amended 7-18-2006 by Ord. No. 2006-14]
A building or structure, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
this chapter, but which fails to conform to the requirements of the
zoning district in which it is located by reasons of such adoption,
revision or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which is it located
by reasons of such adoption, revision or amendment.
Any offensive, annoying, unpleasant or obnoxious thing or
practice which unreasonably interferes with the enjoyment and use
of property.
A facility operated for the purpose of providing lodging,
board and nursing care to residents, where each resident, by reason
of advanced age, chronic illness, disability or infirmity, is unable
to care for himself or herself and requires full-time convalescent
or chronic care. The facility shall include one bed, either in a private
or semiprivate room, for each resident and associated services and
activities required for the lodging, feeding and nursing care of the
residents of the facility.
A tract comprehensively planned for office uses, whether
or not the buildings are erected in one development stage or over
a period of time, but where the streets, utilities and lots and/or
tenants' parcels are set forth for the entire tract prior to construction
of any portion of the tract. As development takes place, changes may
be made in the plans for the undeveloped sections, provided that the
modifications conform to logical extensions of installed segments
of streets, drainage, utilities and other facilities. Parks with no
subdivided lots shall have buildings spaced so the mortgage and/or
lease lines conform to the requirements for lot lines to establish
conformance with this chapter for such matters as building setbacks,
buffers, driveway locations and distances between buildings.
A place for the transaction of business, where reports are
prepared, records kept and services rendered, but where no retail
sales, except in connection with professional services, are offered
and where no manufacturing, assembly or fabricating takes place. Offices
accommodate any or all of the following:
Executive, general corporate and clerical activities;
Research and consumer product development connected with service
industries such as the financial, insurance and banking industries;
Development of computer software;
Demographic, economic and statistical research; and/or
Activities of a similar character.
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 on a contiguous portion of the street
or right-of-way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or land area 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,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land.
An incorporated, nonprofit organization, oftentimes called
a "homeowners' association," operating under a recorded land agreement
and providing that:
Each owner is automatically a member;
Each occupied dwelling unit is automatically subject to a charge
for a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
organization by the Township; and
Each owner and tenant has the right to use the common property.
Any area for the parking of motor vehicles, exclusive of
driveways, access drives, fire lanes and public rights-of-way, either
within a structure or in the open, in accordance with the following:
Each nonhandicapped, off-street parking space shall not be less
than nine feet wide by 20 feet in length, except that the length of
a parking space may be reduced to 18 feet in length in those instances
where a two-foot overhang area exists beyond a curb and where such
overhang does not interfere with any proposed and/or required landscaping
as may be approved by the Board or as permitted by N.J.A.C. 5:21-4.15
for residential dwelling units;
Each handicapped space shall not be less than eight feet wide
by 20 feet in length and shall have an adjacent pedestrian access
aisle at least five feet wide, except that at least eight feet is
required for a van-accessible handicapped space, provided that, if
a different requirement for a handicapped space has been adopted by
the state, the most current requirement shall be met; and
The width and length of each space shall be measured perpendicular
to each other regardless of the angle of the parking space to the
access aisle or driveway.
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In accordance with the requirements of this chapter, any
security which may be accepted by Allamuchy Township in lieu of a
requirement that certain improvements be completed prior to final
approval of a development application, including, but not limited
to, surety bonds, letters of credit under the circumstances specified
in the Municipal Land Use Law (N.J.S.A. 40:55D-53.5) and cash.
Any use of land or buildings as permitted by this chapter.
RESIDENTIAL CLUSTERAn area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance, i.e., a residential development in which the dwellings are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development. Five different types of residential clusters are permitted in Allamuchy Township: 1) small lot single-family clusters; 2) townhouse clusters; 3) residential density transfer; 4) single-family conservation cluster; and 5) age-restricted residential clusters.
[Amended 12-21-2010 by Ord. No. 2010-14]
PLANNED COMMUNITY DEVELOPMENTAn area developed as a single entity within which housing variety, related services and open spaces, in combination, are an integral part of the design and within which common property and/or public property is provided.
A tract comprehensively planned for industrial uses, whether
or not the buildings are erected in one development stage or over
a period of time, but where streets, utilities and lots and/or tenants'
parcels are set forth for the entire tract prior to construction of
any portion of the tract. As development takes place, changes may
be made in the plans for the undeveloped section(s), provided that
the modifications conform to logical extensions of installed segments
of streets, drainage, utilities and other facilities. Parks with no
subdivided lots shall have buildings spaced so the mortgage and/or
lease lines conform to the requirements for lot lines to establish
conformance with this chapter for such matters as building setbacks,
buffers, driveway locations and distances between buildings.
A building, structure or use which is the main or primary
building structure or use on the lot.
A street that is not offered to or accepted by the Township;
a street that is not available for public use; and/or a street constructed
prior to the adoption of this chapter that does not meet the Township
standards as set forth in this chapter.
The office of a professional(s) with an advanced degree(s),
including but not limited to a dentist, physician, attorney, clergyman,
accountant, engineer, architect, professional planner, landscape architect,
insurance agent, real estate agent and/or other similar professionals.
When such office is combined with a residence, the conditions of a
home occupation shall apply.
The use of land or buildings by the Township of Allamuchy
or any officially created authority or agency thereof.
A closely regulated private enterprise with an exclusive
franchise for providing a public service, such as telephone, television,
electric, water or sewer service.
Travel trailers, campers, motor homes, horse trailers, boat
trailers, boats, snowmobiles, ATV, motorcycle and snowmobile trailers,
or any other similar portable vehicular structure without permanent
foundation which can be towed, hauled or driven and which is primarily
designed for recreational purposes.
A facility designed and used for research and engineering
activities involving scientific investigations, engineering studies
and consumer product development of types other than carried on in
offices (see definition of "offices") and similar activities, but
excluding the manufacturing, sale, processing, warehousing, distribution
or fabrication of materials, products or goods except as incidental
to the principal permitted uses.
The growing and harvesting of extensive agricultural crops,
excluding vegetable and flower gardens typically associated with single-family
dwellings, and the keeping of nonhousehold animals for the enjoyment
of the residents on the property within single-family detached dwellings
and not for commercial purposes, provided that a lot of at least three
acres in area is required for the keeping of one nonhousehold animal
and one additional acre of land is required for each additional nonhousehold
animal.
A development of apartment dwelling units exclusively for
single persons who are 60 years of age or older, or for households
with at least one person being 60 years of age or older, with ancillary
and directly related facilities limited to nursing care, dining facilities
and recreational facilities, provided such facilities are used solely
by the residents of the development, including those people who only
temporarily reside in an apartment for a short time.
A building, accessory to a detached dwelling unit, which
is utilized for the storage of tools, lawn and garden equipment and
furniture and similar items of personal property owned by the occupants
of the detached dwelling unit.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building. However,
a snack bar or refreshment stand at a public swimming pool, golf course,
playground, play field or park, operated solely by the agency or group
operating the recreational facility and for the convenience of the
patrons of the facility, shall not be deemed a restaurant.
A commercial establishment where foods and drink, prepared
for immediate consumption, are purchased at a counter and either eaten
on the premises, in the purchaser's automobile, or off the premises.
Those restaurants where a majority of prepared food is consumed only
at tables on the premises and served by waiters or waitresses at said
tables shall not be deemed "fast-food restaurants." Any restaurant
with drive-through window service shall be considered a fast-food
restaurant. Fast-food restaurants shall not include those retail stores
where food is primarily sold for preparation and consumption elsewhere,
such as a supermarket, or stores where, as a secondary use of the
premises, prepared foods may also be sold over the counter for immediate
consumption, such as a delicatessen or fast-food convenience store.
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 streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances to combine
existing lots by deed or other instrument.
A structure more than 24 inches high erected between lands
of different elevation to protect structures and other improvements
such as roads, driveways, sidewalks, recreational improvements, etc.;
hold back or support an earthen bank; and/or prevent the erosion of
earth from the upper slope level.
A permanent structure, together with its surrounding display
area and supporting off-street parking area, designed for the retail
sale of farm produce and located as an accessory use on the farm where
at least 25% of its products are grown. The intermittent sale of homegrown
produce as an accessory use not involving a building or structure,
not occupying more than 150 square feet and not creating any undue
traffic hazard shall not be deemed to constitute a roadside stand.
Any apparatus or structure constructed or installed out of
doors with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennas.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sales of
vehicular fuels and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar accessories as well as
the performance of minor repair and maintenance services including
towing services, but no body repairs or painting or the storage of
inoperable, wrecked or unregistered vehicles shall be permitted. Additionally,
no car wash operation, car or truck rental, parking for a fee or other
activity not specifically a part of the service station use shall
be permitted.
A line drawn parallel with a street line or proposed street
line or lot line and drawn through the point of a building nearest
to the street line or proposed street line or lot line. The term "required
setback" means a line that is established a minimum horizontal distance
from the street line or proposed street line or lot line and beyond
which a building or part of a building is not permitted to extend
toward the street line or proposed street line or lot line.
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A tract a minimum of six acres in size comprehensively planned
for four or more retail businesses, whether or not the building(s)
are erected in one development stage or over a period of time, but
where the access, parking, buildings, utilities and lots and/or tenants'
parcels are set forth for the entire tract prior to construction of
any portion of the tract.
A triangular area established in accordance with the requirements
of this chapter, in which no grading, planting or structure shall
be erected or maintained more than 30 inches above the street center
line except for street signs, fire hydrants and light standards.
Any building or structure or portion thereof placed in view
of the general public, upon which any announcement, declaration, demonstration,
display, illumination, insignia or other visual communication is used
to advertise or promote the interest of any person, products or service.
A development plan of one or more lots, which shows:
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; and
Any other information that may be reasonably required in order
to make an informed determination concerning the adequacy of the plan
in accordance with the requirements of this chapter.
MINOR SITE PLANAny development plan which:
Is limited to the proposed construction of any permitted accessory
use which is not exempted from site plan review in § 190-802B
of this chapter.
Consists of an expansion of, or addition to, an existing conforming
structure and/or use which is not exempted from site plan review in
§ 190-802B of this chapter and which:
Does not account for more than 500 additional square feet of
gross floor area nor 10% additional lot coverage;
Does not require more than five additional parking spaces;
Does not involve a planned development;
Does not entail the installation of any road improvements, the
expansion of public facilities or the extension of off-tract improvement;
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met; and
Does not require a change to existing landscaping, grading,
drainage and/or lighting on site where such change may adversely affect
the neighboring property owners.
Consists of any proposed construction of a permanent building
or structure within a floodplain or stream corridor area on a single-family
residential lot in accordance with the provisions in § 190-606E
of this chapter.
MAJOR SITE PLANAny site plan which is not classified as a minor site plan.
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this chapter:
The interior of a roof shall not be considered a ceiling;
Cellars and basements ordinarily shall not be considered stories
when considering the height of a building, except, however, that a
finished basement and/or cellar in nonresidential buildings shall
be considered a story for the purposes of the height, floor area and
parking requirements of this chapter unless used solely for ancillary
storage; and
A half story is the area under a pitched roof at the top of
a building, the floor of which is at least four feet but no more than
six feet below the plate.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or Allamuchy Township roadway;
Is shown on a plat heretofore approved pursuant to law;
Is approved by Allamuchy Township in accordance with the provisions
of this chapter; or
Is shown on a plat duly filed and recorded in the office of
the County Recording Officer prior to the appointment of a Land Use
Board and the grant to such Board of the power to review plats.
A street includes the land between the street lines, whether
improved or unimproved, and may comprise pavement, shoulders, gutters,
curbs, sidewalks, parking areas and other areas within the street
line. A street is classified by its function as designated in the
currently adopted traffic circulation plan element portion of the
Allamuchy Township Master Plan. Moreover, for the purposes of the
street design and paving requirements of this chapter, all private
roads shall be considered streets.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way in accordance with the currently
adopted traffic circulation element portion of the Allamuchy Township
Master Plan. The street line is the dividing line between the street
and a lot. All required front yard areas and building setbacks shall
be measured from the street line.
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, including such things as buildings, fences, dumpster
enclosures, poles, signs, towers, tanks, decks, paved or concrete
driveways, parking lots and patios, swimming pools and tennis courts,
but specifically excluding on-site wastewater treatment and disposal
systems.
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 term "subdivision" also shall include the term "resubdivision."
However, the following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created:
Divisions of land found by the Land Use Board to be for agricultural
purposes when all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions,
provided the division is in conformity with the applicable requirements
of this chapter;
Divisions of property upon 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 Administrative Officer to conform to all requirements
of the Township of Allamuchy land development regulations and which
are shown and designated as separate lots, tracts or parcels on the
Tax Maps of the Township of Allamuchy.
MINOR SUBDIVISIONAny division of land for the creation of not more than three lots (two new lots and the remaining parcel), each fronting upon and provided vehicular access to an existing street either improved in accordance with N.J.S.A. 40:55D-35 or granted relief therefrom in accordance with N.J.S.A. 40:55D-36, and which:
Does not involve any new street or access easement or the installation
of any street improvements or the extension of Township facilities;
Does not involve any streets requiring additional right-of-way
width as specified in the currently adopted traffic circulation plan
element portion of the Allamuchy Township Master Plan and/or the street
requirements of this chapter, unless such additional right-of-way
width, either along one or both sides of said street(s), as applicable,
is deeded to the Township or to the appropriate governmental authority
prior to classification as a minor subdivision;
Does not involve any required off-tract improvements;
Does not involve a planned development;
Does not conflict with any provisions or portions of the Master
Plan;
It not deficient in those details and specifications required
of minor subdivisions as specified in this chapter;
Is not a further division of an original tract of land for which
previous minor subdivision(s) have been approved by the Township within
a five-year period from the date of approval of the first minor subdivision
and where the combination of the proposed and previously approved
minor subdivision(s) constitute a major subdivision; and
Does not adversely affect the future development of the remainder
of the parcel of land being subdivided or any adjoining property.
If the proposed subdivision is deemed by the Land Use Board to potentially
adversely affect the future development of the remainder of the parcel
or any adjoining property, the Board may require that the applicant
submit a nonbinding conceptual subdivision plat for the remainder
of the parcel in accordance with sound planning practices and the
applicable zoning and design standards of this chapter, and/or the
Board may determine that the proposed subdivision should more appropriately
be classified as a major subdivision because of the potential adverse
affects.
[Amended 7-18-2006 by Ord. No. 2006-14]
In its evaluation as to whether the granting of the proposed
subdivision may adversely affect the future development of the remainder
of the parcel or any adjoining property, the Board shall evaluate
each subdivision on its individual merits and shall consider:
The size of the remainder of the parcel;
The shape of the remainder of the parcel;
The orientation of the remainder of the parcel to adjacent lands;
The amount of linear frontage of the remainder of the parcel
on existing streets;
The appropriate location(s) along the street frontage of the
remainder of the parcel for vehicular access; and
The amount and location(s) of environmentally sensitive areas
on the remainder of the parcel.
Any readjustment of lot lines resulting in no new lots shall
be classified as a minor subdivision for purposes of the application
and review requirements specified in this chapter but not for the
purposes of counting the number of minor subdivisions occurring within
any calendar year.
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
A water-filled enclosure, above and/or below the ground,
having a depth of more than 24 inches, and designed, used and maintained
for swimming and bathing.
The term "swimming pool" includes hot tubs and whirlpools and
other similar water-filled enclosures.
The term "swimming pool" includes all ordinary appurtenances
such as buildings, structures and equipment.
Any portable pool that is not permanently installed and meets
all of the following criteria is not considered a swimming pool and
is not subject to the provisions of this chapter:
The Township of Allamuchy, Warren County, New Jersey.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that the street is not
an arterial road and that a linear distance equal to more than 75%
of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
Wheeled vehicles less than eight feet in width and less than
28 feet in length, not used for purposes of day-to-day habitation
but designed to be moved from place to place, which may be entirely
enclosed or partially enclosed with canvas or other material and which
are used for sleeping and other human occupancy during the course
of activities known as "camping" or "caravanning."
The purpose or activity for which land or structures are
arranged or designed or the purpose or activity for which either land
or structures are, or may be, used, occupied or maintained. The term
"permitted use" does not include the term "nonconforming use."
Permission granted to an applicant for development by the
Land Use Board to depart from the literal requirements of the zoning
provisions of this chapter.
[Amended 7-18-2006 by Ord. No. 2006-14]
An open space that lies between the principal or accessory
building or buildings and the nearest lot line.
FRONT YARDThe open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or parallel to a curved street line.
REAR YARDThe open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or parallel to a curved rear lot line.
SIDE YARDThe open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.
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The map referred to in § 190-304 of this chapter
which shows the boundaries of the zoning districts and the areas designated
for the optional development alternatives.[2]
The person or persons designated by the Allamuchy Township
Council to administer and enforce the zoning provisions of this chapter
and issue zoning permits.
A document signed by the Zoning Officer, which:
May be required by this chapter as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
Acknowledges that the use, structure or building complies with
the provisions of this chapter or with the provisions of a variance
as may have been granted by the Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
[1]
Editor's Note: The former definition of “construction
official,” which immediately followed this definition, was repealed
2-19-2013 by Ord. No. 2013-02.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
