As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A building or structure located on the same lot and customarily
incidental and subordinate to the principal building. An "accessory
building" can be either attached or unattached.[Amended 12-1-1993 by Ord. No. 1993-32]
- A combination of materials to form a building, structure or improvement to a site which changes the exterior appearance of the site.
- ADDITIONS, STRUCTURAL
- Any change in supporting members of a building or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers or the moving of a structure.
- ADJUSTED GROSS ACRE
- One acre consisting entirely of developable land.
- ADMINISTRATIVE OFFICER
- The Business Administrator or his or her designee.
- ADULT BOOKSTORE
- An establishment from which minors are excluded, having as
a substantial or significant portion of its stock in trade, books,
magazines, other written and/or pictorial matter, films or other viewing
materials which are distinguished or characterized by their emphasis
on matters depicting, describing or relating to specified sexual activities
or specified anatomical areas as defined herein, or an establishment
in which a segment or section of the premises is devoted to the sale,
rental, display or viewing of that material.[Added 10-4-1995 by Ord. No. 1995-24]
- ADULT MINI MOTION-PICTURE/LIVE ENTERTAINMENT THEATER
- An establishment from which minors are excluded, used for
presenting materials, films, movies, video or live performances, exhibitions,
displays, shows or similar products and services distinguished or
characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas, as defined
herein, for observation by patrons. This definition also applies to
an establishment which contains coin-operated devices or booths in
which a person may privately or individually view materials, films,
movies, videos or live performances, exhibitions, shows or similar
products and services distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.[Added 10-4-1995 by Ord. No. 1995-24]
- ADULT USE
- An adult bookstore, adult mini motion-picture/live entertainment
theatre or massage parlor, as defined herein.[Added 10-4-1995 by Ord. No. 1995-24]
- The growing and harvesting of crops or the raising and breeding of livestock with accessory buildings incidental to agricultural uses, but not processing operations.
- Any work done on a site which changes the appearance of the site.
- A single room, suite or set of rooms occupied as a dwelling.
- A developer submitting an application for development.
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-32, 40:55D-34 and 40:55D-36.
- APPROVING AUTHORITY
- The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
- Off-site lettered or pictorial advertising.
- BOARD OF ADJUSTMENT
- The Board established pursuant to N.J.S.A. 40:55D-69.
- The land area within a property or site, used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Buffers shall be designed as provided for in this chapter.
- The combination of materials to form a construction adapted to a permanent, temporary or continuous occupancy and having a roof.
- BUILDING COVERAGE
- The area occupied by all of the buildings on a lot measured on a horizontal plane around the periphery of the foundation and included in the area under the roof of any structure supported by columns but not having any walls, as measured around the outside of the outermost extremities of the roof above the columns.
- BUILDING ENVELOPE
- That portion of the lot area located inside the setback and
offset lines, available to be used for placement of a building.[Added 2-15-1995 by Ord. No. 1995-1]
- BUILDING HEIGHT
- A vertical distance measured to the highest point of the building from the average elevation of the finished grade five feet from the foundation.
- CAFRA CENTERS, CORES or NODES
- Those areas within boundaries accepted by the Department
pursuant to N.J.A.C. 7:8E-5B.[Added 10-19-2005 by Ord. No. 2005-23]
- CAFRA PLANNING MAP
- The geographic depiction of the boundaries for coastal planning
areas, CAFRA centers, CAFRA cores and CAFRA nodes pursuant to N.J.A.C.
7:7E-5B.3.[Added 10-19-2005 by Ord. No. 2005-23]
- CAPITAL IMPROVEMENT
- A governmental acquisition of real property or major construction project.
- That area of a street within which vehicles are permitted, including travel lanes and parking areas, but not including shoulders, curbs, sidewalks or swales. Where there are no curbs, the "cartway" is that portion between the edges of the paved, or hard surface, width.
- CERTIFICATE OF APPROPRIATENESS
- A certificate permitting a developer to demolish or remove a landmark, to construct an addition to a landmark, to construct a new building or new structure in the Historic District or to construct, alter or relocate a sign in the Historic District affecting an existing landmark or historic site.
- The bed and banks of a river, stream, brook or spring which convey water most of the time.
- The Historic Preservation Commission of Florence Township.
- COMMON PROPERTY
- The land or water or a combination of land and water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and owners of the dwelling units in the development.
- The increase in soil bulk density.[Added 10-19-2005 by Ord. No. 2005-23]
- 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 Part 3, Zoning, of this chapter and upon the issuance of an authorization therefor by the Planning Board.
- CONSTRAINT-FREE CIRCLE (CFC)
- A circle located entirely within the building envelope, having
a diameter as prescribed by applicable bulk regulations, that is free
from the following constraints: freshwater wetlands, required freshwater
wetland transition areas, existing and/or proposed easements, stormwater
detention/retention basins, areas with slopes having grades of 25%
or more, flood hazard areas or state open waters, as those terms may
be defined in the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1
et seq., the Freshwater Wetlands Protection Act Rules, N.J.C.A. 7.7A-1.1
et seq. and in this Code.[Added 8-4-1999 by Ord. No. 1999-27]
- A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.[Added 10-19-2005 by Ord. No. 2005-23]
- COUNTY REVIEW AGENCY
- An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:[Added 10-19-2005 by Ord. No. 2005-23]
- A floor-like unroofed outdoor platform.[Added 3-1-2000 by Ord. No. 2000-1]
- The razing of any structure or the obliteration of any natural feature. "Demolitions," as used in this chapter, shall be defined as demolition removal of an entire structure.
- The permitted number of dwelling units per gross area of
land to be developed. [Amended 2-15-1995 by Ord. No. 1995-1]
- Read within the context of the subject matter. For example,
with respect to stormwater and environmental issues, "Department"
means the New Jersey Department of Environmental Protection, and with
respect to transportation and highway issues, "Department" means the
New Jersey Department of Transportation.[Added 10-19-2005 by Ord. No. 2005-23]
- DESIGNATED CENTER
- A state development and redevelopment plan center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.[Added 10-19-2005 by Ord. No. 2005-23]
- DESIGN ENGINEER
- A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.[Added 10-19-2005 by Ord. No. 2005-23]
- DESIGN FLOOD
- The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations.
- DEVELOPABLE LAND
- All lands exclusive of wetlands and wetland buffers, as certified
by the New Jersey Department of Environmental Protection and Energy,
Office of Freshwater Wetlands.[Amended 12-8-1991 by Ord. No. 1991-41]
- 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 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 of
any mining or 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 case of development of agricultural lands, development means
any activity that requires a state permit; any activity reviewed by
the County Agricultural Board (CAB) and the State Agricultural Development
Committee (SADC), and municipal review of any activity not exempted
by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.[Amended 10-19-2005 by Ord. No. 2005-23]
- The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
- DRAINAGE AREA
- A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.[Added 10-19-2005 by Ord. No. 2005-23]
- 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 N.J.S.A. 58:16A-1 et seq.
- A single-family, semidetached dwelling unit having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
- DWELLING, DETACHED
- A building detached from other buildings for residence purposes for one family, which has its own cooking, sleeping, sanitary and general living facilities.
- DWELLING UNIT
- One or more rooms containing living, cooking, sleeping and sanitary facilities for one family.
- EMPOWERMENT NEIGHBORHOOD
- A neighborhood designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.[Added 10-19-2005 by Ord. No. 2005-23]
- ENGINEER or MUNICIPAL ENGINEER
- The Township Engineer. "Board Engineer" means the Planning
Board Engineer or the Zoning Board of Adjustment Engineer, as appropriate.[Added 10-19-2005 by Ord. No. 2005-23]
- ENVIRONMENTAL COMMISSION
- The Town of Florence Environmental Commission created under the provisions of Chapter 12 of this Code.[Amended 12-1-1993 by Ord. No. 1993-32]
- ENVIRONMENTALLY CRITICAL AREAS
- An area or feature which is of significant environmental
value, including but not limited to stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.[Added 10-19-2005 by Ord. No. 2005-23]
- The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.[Added 10-19-2005 by Ord. No. 2005-23]
- One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Also, a number of persons, but not exceeding three, living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a "family."
- Any artificially constructed barrier of wood, plastic, metal or cement or any combination thereof or any other manufactured material or combination of materials, erected for the enclosure of land and/or dividing one piece of land from another. Fences shall meet the requirements as set forth in this chapter.
- FINAL APPROVAL
- The official action of the Planning Board taken on a preliminary approved plat, after all requirements, conditions, engineering plans, etc., have been completed and the required improvements have been installed or performance guaranties properly posted for their completion. A plat that receives such "final approval" must have been prepared by a licensed land surveyor in compliance with all provisions of Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.) and is the map which must be filed with the County Clerk within 95 days after the signing of the plan in order to make the approval binding. For good cause, the Planning Board may extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
- FLOOD HAZARD AREA
- The floodway and flood fringe areas determined by the Department of Environmental Protection and Energy under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c. 359). See N.J.S.A. 58:16A-50 et seq.
- A relatively flat area adjoining a channel which has been or may be hereafter covered by floodwater from the channel.
- The channel of a natural stream and portions of the flood
hazard area adjoining the channel, which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream.[Amended 12-1-1993 by Ord. No. 1993-32]
- FLOOR AREA
- The total floor area in a structure measured by using the outside dimensions of the building at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside exterior walls. In residential uses, the gross floor area shall exclude the area of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor area which have a ceiling height above them of less than 7 1/2 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility and heating and cooling and other mechanical equipment but shall include all other areas, including cellar and warehousing and storage areas, regardless of ceiling height.
- GARAGE, PRIVATE
- An accessory building or portion of the main building for the parking of the vehicles of the occupant of the lot.
- GOVERNING BODY
- The Mayor, as to the exercise of any administrative or executive functions assigned by the Municipal Land Use Law or by general law; or the Township Council, as to the exercise of any legislative and investigative functions assigned by the Municipal Land Use Law or by general law; as the case may be.
- HISTORIC DISTRICT
- A definable group of Tax Map lots which represent a significant period in the architectural and social history of Florence Township and because of their unique character can readily be viewed as an area or neighborhood distinct from surrounding portions of Florence Township or have a unique character resulting from their architectural style.
- A. Any real property, such as a building, structure, ruins, foundation, route, trail, place or object, including but not limited to a cemetery, burial ground, village area, bicycle railway or a natural object, configuration, geological feature or formation which:
- (1) Is of particular historic, cultural, scenic or architectural significance to the Township of Florence and in which the broad cultural, political, economic or social history of the nation, state or community is reflected or exemplified;
- (2) Is identified with historic personages or with important events in the main current of national, site or local history;
- (3) Shows evidence of habitation, activity or the culture of prehistoric man;
- (4) Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or
- (5) Represents a work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the Township of Florence or other areas.
- B. The designation of a "landmark" shall be deemed to include the Tax Map lots on which it is located. All "landmarks" shall specifically be identified within the community facilities plan element of the Township Master Plan.
- HISTORIC SITE
- Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
- HOME OCCUPATION
- The occupation being conducted, in whole or in part, from a residence or its residential lot as an accessory use.
- IMPERVIOUS SURFACE
- A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.[Added 3-1-2000 by Ord. No. 2000-1; amended 10-19-2005 by Ord. No. 2005-23]
- INDUSTRIAL PARK
- A tract comprehensively planned for industrial uses, whether or not the buildings are erected in one development stage or over a period of time.
- The process by which water seeps into the soil from precipitation.[Added 10-19-2005 by Ord. No. 2005-23]
- A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey, map or by metes and bounds for purposes of sale, lease or separate use.
- LOT AREA
- The area contained within the lot lines, but not including any portion of a street right-of-way. The minimum "lot area" of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the ultimate widening of the street.
- LOT, CORNER
- A lot at the junction of two or more intersecting streets where the interior angle of the intersection does not exceed 135º.
- LOT COVERAGE
- The total of the areas occupied by all buildings, structures
and impervious surfaces on a lot.[Amended 3-1-2000 by Ord. No. 2000-1]
- LOT DEPTH
- The shortest distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
- LOT FRONTAGE
- The distance between the side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet and on culs-de-sac with a radius of more than 50 feet, the minimum arc distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, any portion of the lot extending along a street line shall be considered lot frontage.
- LOT LINE
- Any line forming a portion of the exterior boundary of a lot, which shall be the same line as the street line for that portion of a lot abutting a street.
- LOT WIDTH
- The horizontal distance between side lot lines measured at setback points on each side lot line an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
- MAINTENANCE GUARANTY
- Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
- MAJOR DEVELOPMENT
- Any development that provides for ultimately disturbing one
or more acres of land. "Disturbance" for the purpose of this rule
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.[Added 10-19-2005 by Ord. No. 2005-23]
- MAJOR SUBDIVISION
- Any subdivision not classified as a "minor subdivision."
- MASSAGE PARLOR
- An establishment whose employees, servants or agents provide
services to its patrons consisting of massage or manipulation of specified
anatomical areas.[Added 10-4-1995 by Ord. No. 1995-24]
- MASTER PLAN
- A composite of the mapped and written proposals recommending the physical development of the municipality which has been duly adopted by the Planning Board as set forth in N.J.S.A. 40:55D-28.
- MINOR DEVELOPMENT
- Any development not defined as a "major development."[Added 10-19-2005 by Ord. No. 2005-23]
- MINOR SUBDIVISION
- Any subdivision containing not more than three lots, including the remaining portion of the original lot, parcel or tract, fronting on any existing street, not involving any new street or road or the extension of municipal facilities nor requiring the improvements enumerated in Articles XIV through XX of this chapter and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Part 3, Zoning, of this chapter. The Planning Board shall reserve the option to require the improvements as set forth in Part 2, Articles XIV through XX, and Part 3 of this chapter in lieu of classifying an application as a "major subdivision." In computing whether a subdivision contains not more than three lots, there shall be counted all lots created on the parcel or portion thereof within four years of the date of submission.
- MINOR SUBDIVISION PLAT
- The minor subdivision map indicating the proposed layout of the subdivision and which contains all of the information required by Articles XIV through XX of this chapter, which is be submitted to the Secretary of the Planning Board for Planning Board appraisal and which meets the legal requirements of Article XI of this chapter and which, if approved, shall be filed with the proper recording officer.
- MULTIFAMILY BUILDINGS
- Buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. "Multifamily buildings" shall contain more than three and not more than 16 dwellings in a single structure.
- MUNICIPAL AGENCY
- The Planning Board or Board of Adjustment or the governing
body of the Township of Florence when acting pursuant to the provisions
of this chapter or N.J.S.A. 40:55D-1 et seq.[Amended 12-1-1993 by Ord. No. 1993-32]
- The Township of Florence.[Amended 10-19-2005 by Ord. No. 2005-23]
- NEW CONSTRUCTION
- A combination of materials to form new construction, whether installed on, above or below the surface of a lot, which is intended to be permanent or remain for a period of more than 60 consecutive days.
- An area designated by the State Planning Commission concentrating
facilities and activities, which are not organized in a compact form.[Added 10-19-2005 by Ord. No. 2005-23]
- NONCONFORMING LOT
- 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 reason of such adoption, revision or amendment.
- NONCONFORMING STRUCTURE
- A 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 reason of such adoption, revision or amendment.
- NONCONFORMING USE
- 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 it is located by reason of such adoption, revision or amendment.
- NONCONTIGUOUS RESIDENTIAL CLUSTER
- The clustering of development, using land in both the AGR
Agricultural District and land in the zoning district designated herein
for noncontiguous residential cluster development of senior housing,
with all of the development permitted between the noncontiguous tracts
occurring within and limited to the zone designated herein for noncontiguous
residential development of senior housing, and with the land in the
AGR Agricultural District being reserved and permanently deed-restricted
for agricultural use and/or such public uses as recreation, open space
over and above that needed to meet the open space requirements of
the senior housing development itself, or other appropriate public
use.[Added 9-19-2001 by Ord. No. 2001-22]
- A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.[Added 10-19-2005 by Ord. No. 2005-23]
- OFFICIAL MAP
- A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953 (N.J.S.A. 40:55-1:30 et seq.) or any prior act authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
- OFF-SITE IMPROVEMENTS
- Improvements made outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
- Located off the property which is the subject of the development application or off a contiguous portion of a street or right-of-way.
- OPEN SPACE
- Any parcel or area of land essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space," provided that such areas may be improved with those buildings, structures, streets and off-site parking and other improvements that are designed to be incidental to the natural openness of the land.
- OVERSIZED VEHICLE PARKING
- Whenever a commercial or retail use proposes to provide oversized
vehicle parking spaces as part of a site plan, the Planning Board
or the Zoning Board of Adjustment may approve a plan that provides
for not more than six oversized vehicle parking spaces. The oversized
vehicle parking area shall be landscaped in accordance with a plan
approved by the Planning Board in order to reduce the visual impact
of the oversized vehicles. Whenever a plan is approved that includes
provision for oversized vehicle parking, it shall be a condition of
approval that the owner shall consent to the enforcement of statutes
and ordinances relating to traffic and parking on the site by the
Florence Township Police Department.[Added 5-18-2005 by Ord. No. 2005-11]
- PARKING SPACE
- An area either within a structure or in the open for the parking of motor vehicles. The area of a "parking space" is intended to be of sufficient area to accommodate the exterior extremities of the vehicle, whether, in addition thereto, wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other and shall be as required by the provisions of this chapter, regardless of the angle of the "parking space" to the access aisle or driveway.
- A leveled unroofed outdoor surface area, constructed of concrete,
brick, stone, gravel or similar material, for placement of outdoor
furniture such as picnic tables and chairs.[Added 3-1-2000 by Ord. No. 2000-1]
- PERFORMANCE GUARANTY
- A performance bond, letter of credit, acceptable escrow agreement or other similar guaranty or surety agreement approved in substance and in form by the Township Solicitor and the governing body, including cash in an amount not to exceed 10% of the total performance guaranty. The amount of the performance guaranty shall not exceed 120% of the cost of installation of improvements deemed necessary or appropriate for the development, including any required off-site and off-tract improvements.
- PERMITTED USE
- Any use of land or buildings as permitted by this chapter.
- Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.[Added 10-19-2005 by Ord. No. 2005-23]
- A map or maps of a subdivision or site plan.
- Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. "Pollutant" includes both hazardous
and nonhazardous pollutants.[Added 10-19-2005 by Ord. No. 2005-23]
- PRELIMINARY APPROVAL
- The official action taken on a preliminary plat, which determines whether or not the map submitted is in proper form and meets the established standards adopted for design layout and development of the subdivision or site plans.
- PRELIMINARY PLAT
- The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of Part 2 of this chapter.
- PRINCIPAL USE
- The main purpose for which any lot or building is used.
- PRIVATE SCHOOL
- An institution of education whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education and not supported primarily by public funds.
- PROFESSIONAL OFFICE
- The office of a physician, dentist, psychologist, lawyer, engineer, accountant, architect, land surveyor or persons providing similar professional services.
- PROPERTY MAP
- A map prepared from actual surveys, giving all pertinent survey data for the outside boundary and all blocks within the subdivision. It shall also show the locations and dimensions of all streets and show easements within or contiguous to the property, with deed or dedication reference, and it shall conform to the detailed regulations as specified in this chapter.
- PUBLIC AREAS
- Public parks, playgrounds, trails, paths or other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
- 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 waters to safeguard the public against flood damage, sedimentation and erosion.
- PUBLIC IMPROVEMENT
- Those improvements which are to be used in common by residents
of a subdivision or by the public, whether or not such improvements
are offered for dedication. "Public improvements" shall include, without
limitation, improvements referenced in the Township Code. improvements
depicted or referenced by final site plan approval or as a condition
of a zoning permit, improvements required by law, code, rule or regulation
and improvements agreed to by the owner.[Added 10-1-2014 by Ord. No. 2014-21]
- PUBLIC OPEN SPACE
- An open space area conveyed or otherwise dedicated to the municipality, a municipal agency, Board of Education, state or county agency or other public body for recreational or conservation purposes.
- PUBLIC UTILITIES MAP
- A map designed to show all utility easements, sanitary sewers, storm drains, open drainage channels, water and gas mains, telephone and electric service trunk lines and railroads and which conforms to the specifications as outlined in this chapter.
- A majority of the full authorized membership of a municipal agency.
- The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.[Added 10-19-2005 by Ord. No. 2005-23]
- RECREATIONAL VEHICLES
- Boats, campers, trailers and related vehicles.
- Any work done which is not an alteration, addition or the construction of a new building or structure.
- RESIDENTIAL DENSITY
- A number expressing dwelling units per acre of developable land and excluding wetlands as certified by the New Jersey Department of Environmental Protection and Energy and the required wetland buffers and required minimum open space pursuant to Part 3 of this chapter and including streets and easements.
- The total area of a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.
- SANITARY LANDFILL
- The area where refuse is deposited, compacted and covered with clean fill meeting all of the requirements of the New Jersey Department of Environmental Protection and Energy, Board of Regulatory Commissioners and the municipality.
- Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.[Added 10-19-2005 by Ord. No. 2005-23]
- SENIOR HOUSING
- A single-family detached residential use that meets the age
restrictions applicable to its permanent residents and complies with
the design standards set forth in the Land Development Ordinance.[Added 9-19-2001 by Ord. No. 2001-22]
- SERVICE STATION
- The lands and buildings where motor fuel, lubricants and miscellaneous accessories for motor vehicles are sold and dispensed and where services are rendered for engine and mechanical repairs, but where no vehicular painting and/or body work is done and where no junked or unregistered motor vehicles are so kept or stored.
- SETBACK LINE
- A line within any lot, usually marking the limits or a required yard space, parallel to any street line between which line and the street line no building or portion thereof may be erected, except as provided in this chapter. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan.
- A small-roofed structure designed for storage of tools, lawn
and garden equipment and supplies, firewood and the like. For purposes
of this chapter, the term "shed" shall include a children's playhouse
and a domestic pet shelter.[Added 3-1-2000 by Ord. No. 2000-1]
- SIGHT TRIANGLE EASEMENT
- A triangular shaped portion of land established at street intersections and driveway intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
- Any letter, symbol, pictorial representation, flag or emblem or combination of these, illuminated or not, which is intended to be seen from the outside of a building and which is designed to convey a message to the public concerning the identification of the premises or to advertise the interests of any private or public firm, person or organization. This includes all signs other than public information, house numbers or directional signs.
- SIGNIFICANT FEATURE
- Any feature, natural, architectural, structural, historical or decorative, which adds to the historic interest or appreciation of the site or building in more than a nominal fashion or which provides a focal point for attention.
- SILTATION BASIN
- A facility through which stormwater is directed and which is designed to collect silt and eroded soil.
- SINGLE-FAMILY DWELLING
- A building containing one dwelling unit.
- The lot or lots upon which a major development is to occur
or has occurred.[Added 10-19-2005 by Ord. No. 2005-23]
- SITE LOCATION MAP
- A map that gives the location of the existing principal roads, built-up areas, nearby shopping centers, all public buildings and various zoning districts and is to conform to detailed specifications as outlined in this chapter.
- SITE PLAN, MAJOR
- All site plans not defined as minor.
- SITE PLAN, MINOR
- A development plan of one or more lots which:
- A. Proposes new development or alterations to structures, not otherwise exempt from site plan review and approval, involving grading, clearing or disturbance of less than 5,000 square feet of land area.
- B. Does not involve planned development, any new street or extension of off-tract improvement which is prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42 et seq.).
- SITE PLAN REVIEW
- The examination of specific development plans for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean review and approval by the Planning Board or, if a use variance is required, by the Zoning Board of Adjustment.
- All unconsolidated mineral and organic material of any origin.[Added 10-19-2005 by Ord. No. 2005-23]
- SPECIFIED ANATOMICAL AREAS
- Less than completely and opaquely covered human genitals,
pubic region, buttocks and/or female breasts below a point immediately
above the top of the areola, or human male genitals in a discernibly
turgid state, even if completely or opaquely covered.[Added 10-4-1995 by Ord. No. 1995-24]
- SPECIFIED SEXUAL ACTIVITIES
- The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttocks or female breasts, or any actual
or simulated act of human masturbation, sexual intercourse or deviate
sexual intercourse.[Added 10-4-1995 by Ord. No. 1995-24]
- STANDARDS OF PERFORMANCE
- Standards adopted by ordinance regulating noise level, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic materials, 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 required by applicable federal or state laws or municipal ordinances.
- STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
- An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.[Added 10-19-2005 by Ord. No. 2005-23]
- STATE PLAN POLICY MAP
- The geographic application of the state development and redevelopment
plan's goals and state-wide policies, and the official map of these
goals and policies.[Added 10-19-2005 by Ord. No. 2005-23]
- Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.[Added 10-19-2005 by Ord. No. 2005-23]
- STORMWATER MANAGEMENT BASIN
- An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).[Added 10-19-2005 by Ord. No. 2005-23]
- STORMWATER MANAGEMENT MEASURE
- Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.[Added 10-19-2005 by Ord. No. 2005-23]
- STORMWATER RUNOFF
- Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.[Added 10-19-2005 by Ord. No. 2005-23]
- That portion of a building comprised between a floor and the floor next above it. A half-story is between a floor and the roof, with a height of not less than 7 1/2 feet, of clear space above at least 1/3 of the floor area.
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:
- STREET LINE
- The edge of the street right-of-way forming the dividing line between the street and a lot.
- 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.
- A. The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered "subdivisions"; provided, however, that no new streets or roads are involved:
- (1) Division of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size.
- (2) Division of property by testamentary or intestate provisions.
- (3) Division of property upon court order, including but not limited to judgments of foreclosure.
- (4) Consolidation of existing lots by deed or other recorded instrument.
- (5) 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 the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality.
- B. Includes "resubdivision."
- SWIMMING POOL
- The facilities constructed above or below ground, having a depth of more than two feet or a water surface of 100 square feet or more and designed and maintained for swimming purposes. "Swimming pools" shall include all buildings, structures, equipment and appurtenances.
- SWIMMING POOL, PRIVATE RESIDENTIAL
- A swimming pool located as an accessory use to a residence for use by members of the residence and guests.
- TEMPORARY PORTABLE POOL (including inflatable pools)
- Those pools that are less than four feet in depth, are nonpermanent,
contain no support structure, and are installed no earlier than May
1 and removed no later than September 30 of each year.[Added 8-3-2011 by Ord. No. 2011-09]
- TIDAL FLOOD HAZARD AREA
- A flood hazard area, which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.[Added 10-19-2005 by Ord. No. 2005-23]
- TOPOGRAPHIC MAP
- A map that shows contours, existing buildings and other structures, watercourses, wooded areas and locations of test pits or borings and conforms to the specifications as outlined in this chapter.
- One dwelling unit in a line of three or more attached dwelling units, with each dwelling unit from ground to roof and having individual outside access.
- Includes a single unit truck as well as the individual units
referred to generally as the tractor, cab, trailer or trailers, all
of which, individually or in any combination, shall be considered
to be a truck. This shall not include pickup trucks, sport-utility
vans or other similar four-wheeled vehicles.[Added 1-19-2005 by Ord. No. 2004-17; amended 5-18-2005 by Ord. No. 2005-11]
- TRUCK STOP
- Lands and buildings providing services including any of the
following uses: food services, convenience store sales and services,
motor vehicle fueling stations, motels, retail services and with parking
for more than six trucks or other oversized vehicles in excess of
3/4 ton gross vehicle weight or requiring parking spaces in excess
of 10 feet by 20 feet. Any site with up to six parking spaces for
trucks or other oversized vehicles, as accessory to the primary use
of the site, shall not constitute a truck stop. Any site located on
US Route 130 may provide parking for not more than six trucks or oversized
vehicles as an accessory to the primary use, subject to site plan
approval. Any site plan that provides for truck or oversized parking
spaces shall include provision for appropriate signage for the time
limit on parking as well as appropriate landscaping for the site.
The owner of the site shall be required to authorize enforcement of
the parking limits, including limits on location, number and time,
by the Township on the site. The parking of any single truck or oversized
vehicle shall be limited to not more than 15 minutes. Any approval
of a site plan shall include provisions, satisfactory to the Planning
Board, for monitoring and enforcement of the parking limitations by
the owner. The monitoring plan shall include provisions for the maintenance
of the monitoring records and the availability of those records to
the Township for a period of one year.[Added 1-19-2005 by Ord. No. 2004-17; amended 5-18-2005 by Ord. No. 2005-11]
- URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
- A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.[Added 10-19-2005 by Ord. No. 2005-23]
- URBAN ENTERPRISE ZONES
- A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.[Added 10-19-2005 by Ord. No. 2005-23]
- URBAN REDEVELOPMENT AREA
- Previously developed portions of areas:[Added 10-19-2005 by Ord. No. 2005-23]
- The services provided to a use, including but not limited to sewage collection, water supply, gas, electric and telephone.
- Permission to depart from the literal requirements of Part 3, Zoning, pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d.
- Permission to depart from the literal requirements of the site plan and subdivision standards of this chapter.
- Any artificially constructed barrier of stone, masonry, brick or cement or combination thereof or any other manufactured material or combination of materials, not meeting the description of a fence, erected for the enclosure of land and/or dividing one piece of land from another, or used to retain an area of land, usually on a grade which is prone to erosion or slide. A "wall" shall meet the requirements set forth in this chapter.
- WATERS OF THE STATE
- The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.[Added 10-19-2005 by Ord. No. 2005-23]
- WETLANDS or WETLAND
- An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."[Added 10-19-2005 by Ord. No. 2005-23]
- Area extending between the closest point of any building and a lot line or street line. In an apartment, townhouse, industrial park or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or radially to the point of tangency of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two yards of the structures, and in no event shall two structures be closer to one another than the sum of both yards.
- YARD, FRONT
- The area extending across the full width of a lot between
the street line and the building. For corner lots, the yard areas
between the building and both intersecting streets shall be considered
front yards. For apartments, townhouses, industrial parks or other
developments where more than one building may be erected on a lot,
the front yard shall be measured from the designated front of the
building to an imaginary line a designated distance away from the
front of the building.[Amended 8-4-1999 by Ord. No. 1999-27]
- YARD, REAR
- The area extending across the full width of the lot between
the rear lot line and the building. For corner lots, the yard area
opposite the street which is the address of the property shall be
considered the rear yard. For apartments, townhouses, industrial parks
or other developments where more than one building may be erected
on a lot, the rear yards shall be measured from the designated rear
of the building to an imaginary line a designated distance away from
the rear of the building.[Amended 8-4-1999 by Ord. No. 1999-27]
- YARD, SIDE
- An open space extending from the front yard to the rear
yard and being between each side lot line and the closest point of
the building. For corner lots, the yard area to the side of the street
which is the address of the property shall be considered the side
yard. For apartments, townhouses, industrial parks or other developments
where more than one building may be erected on a lot, the side yards
shall be measured from the designated side of the building to an imaginary
line a designated distance away from the side of the building.[Amended 8-4-1999 by Ord. No. 1999-27]
- ZONING OFFICER
- The person appointed under the provisions of Chapter 4, Administration of Government, to enforce this chapter.[Added 12-1-1993 by Ord. No. 1993-32]
- ZONING PERMIT
- A document signed by the administrative officer, which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with Part 3, Zoning, or a variance therefrom duly authorized by a municipal agency pursuant to this chapter.[Added 12-1-1993 by Ord. No. 1993-32]
Editor's Note: The former definition of "cluster development," which immediately followed this definition, was repealed 8-4-1999 by Ord. No. 1999-27.
Editor's Note: The former definition of "density bonus," as amended 12-8-1991 by Ord. No. 1991-41 and 8-5-1992 by Ord. No. 1992-28, which immediately followed this definition, was repealed 5-5-1999 by Ord. No. 1999-5.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Editor's Note: For current provisions, see N.J.S.A. 40:55D-32 et seq.
Word usage. Words used in this chapter that are not specifically defined herein or in general law shall have their ordinary and customary meanings unless a different meaning clearly appears from the context. Except as the context may otherwise require:
The present tense includes the past and future tenses and the future includes the present.
The use of masculine pronouns is for convenience only and shall include reference to both genders.
The singular number includes the plural and the plural includes the singular.
The word "shall" is mandatory and "may" is directory.
The words "writing" and "written" include printing, typewriting and any other mode of communication using paper, disks, tape or similar material which is in general use, as well as legible handwriting.
The time within which an act is to be done shall be computed by excluding the first and including the last day, but if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.