The following definitions shall apply throughout the City, including
the Pinelands Area; provided, however, that in the event of a conflict
between a definition of Citywide application and a Pinelands Area
definition, the Pinelands Area definition shall control in the Pinelands
Area:
ACCESSORY BUILDING
A building detached from and subordinate to the principal
building on the same lot, the use of which is customarily incidental
to that of the principal building.
ACCESSORY RESIDENTIAL USE
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the residential
use. "Accessory residential uses" shall not be interpreted to include
the following: barber- and beauty shops, barber and beauty schools,
tearooms, convalescent homes, kennels or repair of vehicles. "Accessory
residential uses" will be limited to those specified in the zoning
districts of this chapter, subject to the standards therein.
ACCESSORY USE
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such accessory use is conducted in
the main or accessory building.
ADMINISTRATIVE OFFICER
The City Clerk of Port Republic unless a different municipal
officer is designated within this chapter or by statute.
ALLEY
A minor way, which may or may not be legally dedicated, which
affords only a secondary means of access to abutting property.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Application form and all accompanying documents required
by this chapter for approval of a subdivision, site plan, planned
development, conditional use, zoning variance or direction for the
issuance of a permit issued pursuant to N.J.S.A. 40:55D-34 and 40:55D-36.
APPROVING AUTHORITY
Any board, body, authority or person within the City with
authority to approve or disapprove subdivisions, site plans, zoning
permits, construction permits or other applications for development
approval.
ATTIC
That part of a building which is immediately below and wholly
or partly within the roof framing, not generally used as living space.
AUTOMOTIVE GARAGE
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
AUTOMOTIVE SALES BUILDING
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms but not the sale of junked vehicles
and equipment.
AVERAGE NET RESIDENTIAL DENSITY (see "DENSITY")
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant proposes to build
by the number of acres in the development, excluding acreage devoted
to public streets.
BASEMENT (see "CELLAR")
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for businesses
or dwelling purposes.
BILLBOARD
A sign which directs attention to a product, business, service
or entertainment conducted, sold or offered elsewhere than upon the
lot on which such sign is situated, and designed in conjunction with
the sign standards of this chapter. In the Pinelands Area, billboards
shall be called off-site commercial advertising signs.
BOARD OF ADJUSTMENT
The Board established pursuant to the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-69, and this chapter, and sometimes
referred to as the "Zoning Board of Adjustment."
BUILDING
A combination of materials to form a construction adopted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of existing grade to the highest point of the coping of a flat roof
or to the deck line of mansard roofs or to the average height of the
highest gable of a pitch or hip roof. In no case will the ridge line
be greater than 10 feet above the building height or exceed 35 feet.
BUILDING PERMIT
A document signed by the Construction Official which is required
by ordinance as a condition precedent to commencement of a use or
the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by a municipal
agency pursuant to this chapter.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
BULK
The term used to describe size of buildings or other structures
and their relationship to each other, to open areas such as yards
and to lot lines, and includes the size, height and floor area of
buildings or other structures, the relation of the number of dwelling
units in a residential building to the area of the lot (usually called
"density"), and all open areas in yard space relating to buildings
and other structures.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories,
nor shall it be considered in the calculation of habitable area as
called for in various residential districts. (See "basement.")
CERTIFICATE OF OCCUPANCY
A statement signed by the Construction Official setting forth
either that a building or structure or swimming pool does or does
not comply with this chapter or that a building, structure or parcel
of land may lawfully be used for specified uses, or both.
CHURCH
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational
or other athletic purposes which are not conducted primarily for financial
gain, provided that there are not conducted any vending stands, merchandising
or commercial activities except as required generally for the membership
and purpose of such club and within the property boundaries of such
facilities.
CODE ENFORCEMENT OFFICER
The City official designated to investigate alleged violations
of this chapter at the request of City Council and to report findings
of same to City Council.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designated 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 of enjoyment of residents and owners of
the development, not including parking lots, streets, drives or other
vehicular buildings or structures.
COMPLETE APPLICATION
An application form completed as specified by this chapter,
the rules and regulations of the municipal agency, the City of Port
Republic Checklist set forth in Appendix A81 and all accompanying documents required by this chapter
for approval of the application for development, including, where
applicable, but not limited to, a site plan or subdivision plat, provided
that the municipal agency may require such additional information
not specified in this chapter 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
for development have been met. 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.
An application shall be certified as complete immediately upon the
meeting of all requirements specified in this chapter and in the rules
and regulations of the municipal agency and shall be deemed complete
as of the day it is so certified by the City Clerk for purposes of
the commencement of the time period for action by the municipal agency.
[Amended 6-12-2007 by Ord. No. 07-2007]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning district and upon the issuance of an authorization
therefor by the Planning Board.
CONSTRUCTION OFFICIAL
The City official specified in the Building Code and designated as such by the City Council with the responsibility
to enforce the provisions of the Building Code and those sections
of this chapter relating to building.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
COURT, INNER
An open, unoccupied space enclosed on all sides by exterior
walls of a building.
COURT, OUTER
An open, unoccupied space enclosed on not more than three
sides by exterior walls of a building.
CUL-DE-SAC
A street with access closed at one end and with a vehicular
turnaround at the closed end.
DENSITY
The number of dwelling units permitted in a development,
expressed in units per net acre, meaning acreage exclusive of streets
and land to be dedicated to the City of Port Republic or another government
agency. In the Pinelands Area, "density" means the average number
of housing units per unit of land.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings 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 land or extension of use of land, for which permission may be required pursuant to this chapter. In the Pinelands Area, "development" shall have the meaning set forth in Subsection
B.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
and this chapter.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or for
prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the Revised Statutes of New Jersey.
DWELLING UNIT
A building or entirely self-contained portion thereof which
contains complete housekeeping facilities for one family only and
which has no enclosed space for cooking facilities in common with
any other dwelling unit, except vestibules, entrance halls, porches
or hallways. The definition of a "dwelling unit" shall not include
a boat, trailer or other vehicle of any type nor a temporary shelter
such as a tent.
DWELLING UNIT AREA
The area enclosed within the inside walls of the dwelling
unit with a finished floor-to-structural-ceiling height of not less
than seven feet six inches, excluding garages, porches and any spaces
located below the top of the foundation wall.
EMPLOYEES
The greatest number of persons to be employed in the building
in question during any season of the year and any time of the day
or night.
ENVIRONMENTAL IMPACT STATEMENT
A statement that provides information needed to evaluate the effects of a proposed project upon the environment of the area and shall include all those items referred to in §
160-91F of this chapter.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, whose relationship is of a permanent
and distinct domestic character.
FARM
Any tract of land containing at least five acres which is used for dairying or for the raising of agricultural products, forest products, livestock or poultry and including facilities for the sale of such products from the premises where produced, provided that "farm" shall not be construed to include commercial poultry and swine production, cattle feeder lots and fur-bearing animal farms and shall not be confused with truck farms. See definition of "truck farming." In the Pinelands Area, "farm" shall have the meaning of "agricultural or horticultural purpose or use" as set forth in Subsection
B.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FLOOR AREA RATIO
The total gross floor area of a building on a lot divided
by the area of the lot.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the "total floor area" shall be any basement or cellar
space which has been improved for residential purposes [but in no
case may that space which is included as part of the total floor area
exceed 20% of the total basement area], all space other than basement
or cellar spaces with structural headroom of at least seven feet six
inches and all interior balconies and mezzanines.
GARAGE, COMMERCIAL
Any garage used for the housing, care, maintenance and repair
of motor vehicles.
GARAGE, PRIVATE
A building accessory to a dwelling unit used for the housing
of not more than three motor vehicles.
GARAGE, PUBLIC
Any garage not included within the definition of "private
garage" or "commercial garage."
GASOLINE SERVICE STATION
All area of land and any structure thereon used for the retail
sale of motor fuel, lubricants and incidental services such as car
washing and the sale, installation and repair of tires, batteries
or automobile accessories.
GOLF COURSE
An open area and its necessary buildings used for the playing
of golf of at least nine holes containing not less than 3,000 yards.
GRADE
For buildings having walls adjoining one street only, the
elevation of the sidewalk at the center of the wall adjoining the
street; for buildings having walls adjoining more than one street,
the average of the elevation of the sidewalk at the centers of all
walls adjoining the streets; and for buildings having no walls adjoining
a street, the average level of the finished surface of the ground
adjacent to the exterior walls of the building. Any wall approximately
parallel to and not more than 20 feet from a street line is to be
considered as adjoining the street.
HISTORIC SITE, DISTRICT OR AREA
Any site, building, area, structure or object important in
American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
HOME OCCUPATION
A domestic use such as dressmaking, millinery or similar occupation customarily conducted entirely within the dwelling and carried on solely by the inhabitants thereof, which is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the character thereof or exert a deleterious influence upon surrounding properties. Excluded are such uses as a clinic, hospital, tearoom, tourist house, animal hospital, barbershop or any similar use. In the Pinelands Area, "home occupation" shall have the meaning set forth in Subsection
B.
INTERESTED PARTY
(1)
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
(2)
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 this
chapter or whose rights to use, acquire or enjoy property under this
chapter or under any law of this state or of the United States have
been denied, violated or infringed by an action or a failure to act
under this chapter.
LAND
The surface and subsurface of the earth as well as improvements
and fixtures on, above or below the surface and any water found thereon.
LANDSCAPE SCREEN
A completely planted visual barrier composed of evergreens
or other plants as specified by district in a schedule available from
the Code Enforcement Officer.
LANES, INGRESS AND EGRESS
A private roadway designed to accomplish easy access into developed parcels. Minimum roadway widths for ingress and egress lanes shall be: one-way, 18 feet, and two-way, 30 feet, or as described in Article
XII, whichever is more stringent.
LOADING SPACE, OFF-STREET
Any paved or otherwise surfaced off-street space available
only for the loading or unloading of goods, at least 12 feet wide
and 35 feet long with clear headroom of at least 14 feet and having
direct usable access to a street.
LOT
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, CORNER
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points at the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
LOT DEPTH
The mean distance from the street line of a lot to its opposite
rear line, measured in the general direction of the sidelines of the
lot.
LOT, INTERIOR FRONT LINE
The dividing line between the lot and the street, except
in the case where a lot has no street frontage but abuts on the right-of-way,
then such right-of-way line shall be the front line of the lot.
LOT WIDTH
The distance between the sidelines of the lot, measured along
the street line, except that where the lot fronts on the vehicular
turnaround of a cul-de-sac, the width shall be measured at the fifty-foot
front yard setback line and shall be a minimum of 100 feet measured
along a line all points of which are equidistant from the center of
the cul-de-sac, with a minimum of 35 feet measured along the street
line also being required.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
City of Port Republic for the maintenance of any improvements required
by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the City of Port Republic as set forth in the New
Jersey Municipal Land Use Law, N.J.S.A. 40:55D-28.
MINOR SUBDIVISION
Any subdivision containing not more than two lots, exclusive of the remaining lot or parcel, fronting upon an existing approved and improved street; provided that such subdivision does not involve any new street; will not adversely affect the development of the remainder of the parcel or adjoining property; is not in conflict with any provision or portion of the adopted Master Plan, Official Map or this chapter; will not require the extension of any off-tract improvement, the cost of which is to be prorated pursuant to §
160-94; and does not involve any lot or portion of a lot which has been subdivided within the previous two-year period.
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which can be transported after fabrication
to a site where it is to be occupied.
MOTEL
Any building containing more than 10 occupancy units which
are rented or hired out to transient clientele for sleeping purposes,
with parking places adjacent to the bedrooms, but also reached from
a common lobby.
MUNICIPAL AGENCY
A municipal planning board or zoning board of adjustment
or a governing body of a municipality when acting pursuant to this
chapter and any agency which is created by or responsible to one or
more municipalities when such agency is acting pursuant to the New
Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NET SITE AREA or NET RESIDENTIAL AREA
An area of land devoted to residential buildings and accessory
uses on the same lots, such as informal open space, drives, parking
and service areas, but excluding land for public streets and nonresidential
buildings.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter or revisions thereof but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. See §
160-8 of this chapter.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter or revisions or amendments thereto but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. See §
160-8 of this chapter.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter or revisions or amendments thereto but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. See §
160-8 of this chapter.
OFFICIAL COUNTY MAP
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-32 et seq. See Article
IX of this chapter.
OFF SITE
Located outside the lot lines of the lot under review but
within the property of which the lot is a part which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially improved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
PARKING SPACE
A space which, exclusive of driveways and turning areas,
is 10 feet wide and 20 feet long if an enclosed garage, or not less
than nine feet wide by 19 feet long if in the open, and which is accessible
for the parking of one vehicle. Required off-street parking areas
for three or more vehicles should be paved and have individual spaces
marked and shall be so designed, maintained and regulated that no
parking, backing onto or other maneuvering incidental to parking shall
be on any public street, walk or alley and so that any vehicle may
be parked or unparked without moving another.
PARTY IMMEDIATELY CONCERNED
For purposes of notice within this chapter, any applicant
for development, the owners of the subject property and all owners
of property and government agencies entitled to notice.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
PERIMETER SETBACK
A clear and unoccupied space extending along the entire lot
line at a depth specified in this chapter. The depth of the perimeter
setback area shall be measured at right angles to the lot line of
the property.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by this
chapter.
PLANNED DEVELOPMENT
Planned unit development; planned unit residential development,
residential cluster or planned commercial development, as may be permitted
by this chapter.
PLANNING BOARD
The Port Republic Planning Board established pursuant to
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23, and this
chapter.
PLAT
The map or maps of a subdivision or site plan which shows
the location, boundaries and ownership of individual properties.
PLAT, FINAL
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Atlantic for recording, in accordance with
law. A plat that receives final approval shall have been prepared
by a New Jersey professional engineer and land surveyor in accordance
with all of the provisions of Chapter 141, Laws of 1960.
PLAT, PRELIMINARY
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Planning Board for tentative
approval and meeting the requirements of this chapter.
PLAT, SKETCH
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification.
PORCH
A roofed, open structure projecting from the front, side
or rear wall of a building.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-48 and 40:55D-49, prior to
final approval after specific elements of a development plan have
been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation
and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipal
agency, board of education, state or county agency or other public
body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECREATIONAL AREA
A public or private space, including essential buildings
and structures, used for play and recreational space for individuals.
RENTAL
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for remuneration.
RESIDENTIAL CLUSTER
An 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.
RESTAURANT
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or a booth within the building.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
SCHOOL, PRIVATE
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SIGN
Any device or representation for visual communication used
as or which is in the nature of an advertisement, announcement or
direction, including any letter, word, banner, pennant, insignia or
trade flag, but excluding any public traffic or directional signs.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to ordinance
requiring review and approval of site plans by the Planning Board
adopted pursuant to the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-37 et seq., and this chapter.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to
generate electricity and has a nameplate capacity of 10 kilowatts
or less.
[Added 6-15-2010 by Ord. No. 08-2010]
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar functions through the use of
solar panels.
[Added 6-15-2010 by Ord. No. 08-2010]
SOLAR PANEL
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 6-15-2010 by Ord. No. 08-2010]
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-65, regulating noise levels,
glare, earthborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and flammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the municipality, or standards required by applicable
federal or state laws or municipal ordinances.
STORY
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor,
or if there is no higher finished floor, then that part between the
highest finished floor and the top of the roof beams.
STORY, HALF
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
STREET
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 heretofore approved pursuant to law,
or which is approved pursuant to law, or which is approved by official
action as provided by this chapter, or which is shown on a plat duly
filed and recorded in the office of the county recording officer prior
to the appointment of a Planning Board and the grant to such Board
of the power to review plats, and include 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 lines.
STREET, COLLECTOR
A street which carries traffic from minor streets to the
major system of arterial streets. It shall include the principal entrance
street(s) of a residential development and streets for circulation
within such a development.
STREET LINE
The dividing line between a lot and a public street, road
or highway or a private street, road or way over which two or more
dominant estates have the right-of-way.
STREET, LOCAL
A street which is used primarily for access to the abutting
properties.
STREET, MARGINAL ACCESS
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
substantial change in the roof or in the exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions, within
the meaning of this chapter, if no development occurs or is proposed,
including new streets or roads or the extension of water, sewer or
drainage lines or other municipal improvements: divisions of property
by testamentary or intestate provisions; 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 the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the Tax Map or atlas of Port Republic. The term "subdivision"
also includes the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and having such
other duties relating to land subdivision as may be conferred on this
Committee by the Board.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
TRAVEL TRAILER
A portable vehicular structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified as a travel trailer by the manufacturer
of the trailer and, when factory-equipped for the road, having a body
width not exceeding eight feet and a body length not exceeding 32
feet. "Travel trailer" does not include mobile homes.
TRUCK FARMING
Any tract of land used for the raising of agricultural products
and including facilities for the sale of such products from the premises
where produced. It includes the growing of the usual farm products
such as vegetables, fruit trees, grain and their storage on the area.
It does not include the raising of farm animals such as poultry, horses,
cattle, sheep and swine.
USE
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
USED CAR LOT
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks or any other motorized
vehicle.
USE, PRINCIPAL
The main or primary purpose or purposes for which land, a
structure or a building is designed, arranged or intended or for which
it may be occupied or maintained under the Zoning Ordinance.
VARIANCE
Permission to depart from the literal requirements of this
chapter pursuant to the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-40, 40:55D-60 and 40:55D-70, and the provisions of this chapter.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vein,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 6-15-2010 by Ord. No. 08-2010]
WINDOW, LEGAL
A window or portion of a window (including a window either
in addition to or as a substitute for mechanical ventilation) which
is required by any applicable law or statute or other City codes or
ordinances to provide light or ventilation to a room used for living
purposes.
WIND TURBINE
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Added 6-15-2010 by Ord. No. 08-2010]
YARD
An open, unoccupied space on the same lot with the main building,
open and unobstructed from the ground upward.
YARD, FRONT
A yard extending the full width of the lot and extending
from the front line of the main building projected to the sidelines
of the lot to the street line.
YARD, REAR
A yard extending the full width of the lot and extending
from the rear line of the lot to the rear line of the main building
projected to the sidelines of the lot.
YARD, REAR, DEPTH
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
YARD, SIDE
A yard extending from the front yard to the rear yard between
the main building and the adjacent sideline of the lot.
YARD, SIDE, WIDTH
The minimum distance between the side lot line or its vertical
projection and the side walls of the building.