This chapter shall be known and cited as the
"Zoning Chapter of the Township of Lebanon."
The purposes of this chapter are as follows:
A.Â
To implement the purposes, objectives and goals of
the duly adopted Master Plan of Lebanon Township;
B.Â
To plan and guide the appropriate use or development
of all land, in a manner which will promote the public health, safety,
morals, and general welfare;
C.Â
To secure safety from, fire, flood, panic and other
natural and man-made disasters;
D.Â
To provide adequate light, air, water, and open space;
E.Â
To encourage farming and agriculture, preserve active
and viable farms, and return fallow land to farming activities;
F.Â
To ensure that land development does not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole;
G.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, preservation of the environment and quality of life;
H.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
I.Â
To provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements;
J.Â
To encourage the location and design of transportation
routes which will promote the safe flow of traffic necessary to the
community while discouraging such facilities and routes as will result
in excessive vehicular speed, congestion or blight;
K.Â
To promote a desirable visual environment through
sound and creative development techniques and good civic design and
arrangements;
L.Â
To promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through uncontrolled or unwise use of land;
M.Â
To encourage senior citizen community housing construction;
N.Â
To encourage coordination of various public and private
procedures and activities shaping land development with a view toward
lessening the cost of such development and to the more efficient use
of land;
O.Â
To establish building lines and the location of buildings
designed for residential, commercial, industrial, office or other
uses within such lines and to fix reasonable standards to which buildings
or structures shall conform;
P.Â
To prohibit uses, buildings or structures which are
incompatible with the character of permitted uses within specific
zoning district and surrounding areas;
Q.Â
To prevent such additions to, and alterations or remodeling
of, existing buildings or structures as would not comply with the
restrictions and limitations imposed hereunder;
R.Â
To conserve the value of land and buildings throughout
the Township;
S.Â
Within the community's resources, to meet the future
housing needs of the citizens of the Township.
For the purpose of this chapter, unless the
context clearly indicates a different meaning, the term "shall" indicates
a mandatory requirement, and the term "may" indicates a permissive
action. The singular shall also mean the plural, and "person" shall
also mean other legal entities.
[Amended by Ord. No. 11-1983; Ord. No. 3-1984; Ord. No. 8-1985; Ord. No. 13-1986; Ord. No. 19-1987; Ord. No. 15-1990; Ord. No. 20-1990; Ord. No. 4-1991; Ord. No. 5-1991; Ord. No. 8-1998; Ord. No. 11-1998; Ord. No. 31-1998; Ord. No. 18-2000]
As used in this chapter, the following terms
shall have the meanings indicated:
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
A use or structure subordinate to and customarily incidental
to the principal use or structure on the same lot.
The Clerk of the Planning Board, and Secretary to the Board
of Adjustment.
The absence of drainage facilities, drainage easements, or
drainage rights-of-way leading to, along or through a street, road,
drainage structure, or property, either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition, which would provide adequately for storm drainage, or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure, or property, or remove the
threat of such damage.
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or off-tract property such as, but not limited
to, improper circulation and drainage as set forth in N.J.S.A. 40:55D-1
et seq., as amended, inadequate drainage facilities, insufficient
street widths, unsuitable street grades, unsuitable street locations
to accommodate prospective traffic, locating uses and structures in
a manner not adaptable for the intended purpose without danger to
health or peril from flood, fire, erosion or other menace, or creation
of a potential nuisance to surrounding properties.
The production, keeping, boarding, or maintenance, for sale,
lease or personal use, of plants and animals useful to man, including
but not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats,
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables; nursery, floral, ornamental and greenhouse
products; or lands devoted to a soil conservation or forestry management
program.
A farm or ranch where keeping, boarding, breeding, raising,
training and using exotic animals for sale, lease, personal or business
use is conducted, but not including a "kennel" as defined in this
chapter, or properties used for agricultural or horticultural purposes
as defined in this chapter.
[Amended 11-2-2016 by Ord. No. 2016-08]
A place where animals or pets are given medical or surgical
treatment with boarding limited to short term, incidental to such
treatment.
An establishment wherein or whereon the business of boarding,
selling or breeding more than six dogs each over one year old is carried
on.
A developer submitting an application for development.
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, planned development,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to this chapter.
A plan which has been approved by the Planning Board or Board
of Adjustment of the Township.
The Lebanon Township Planning Board unless a different agency
is designated by this chapter.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6Â 1/2 feet. A "basement" shall be counted
as a story if used for business, industrial, office, or residential
purposes.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
The Lebanon Township Planning Board and the Lebanon Township
Zoning Board of Adjustment.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING, ACCESSORYA subordinate building on the same lot with the principal or main building, occupied or devoted exclusively to an accessory use.
BUILDING, PRINCIPALA building in which is conducted the principal use of the site on which it is situated.
That area of a lot or site which is occupied or proposed
to be occupied by a building. (See also "lot coverage" and "open space.")
A governmental construction project or acquisition of equipment
or real property.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6Â 1/2 feet.
A signed, written statement by the appropriate officer that
specific constructions, inspections, tests, or notices, where required,
have been performed and that such comply with this chapter.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
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.
[Added 5-29-2002 by Ord. No. 2002-4]
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Ownership of two or more contiguous parcels of real property
by one person, or by two or more persons owning such property jointly.
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 this chapter and upon the issuance of an authorization
therefor by the Planning Board.
Zoning which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations, under Article III.
[Added 5-29-2002 by Ord. No. 2002-4]
A composite of the plan elements for the physical development
of Hunterdon County, 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.
The Hunterdon County Planning Board.
Any open, unoccupied area which is bounded by three or more
building walls.
A sediment-producing, highly erodible or severely eroded
area.
A street or system of streets with only a single means of
ingress and egress and having a turnaround at the end of the street.
Portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
A dedication of land for construction, reconstruction, widening,
repairing, maintaining or improving a street, public or private, and
for the construction, reconstruction or alteration of facilities related
to the safety, convenience or carrying capacity of the street, including,
but not limited to, curbing, pedestrian walkways, drainage facilities,
traffic control devices, and utilities in or along road rights-of-way.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or of
any mining, excavation or landfill, land disturbance and any use or
extension of use of land, for which permission may be required pursuant
to this chapter.
Development other than planned development.
See "planned development."
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land, or amendment thereto,
adopted and filed pursuant to the Municipal Land Use Law.[1]
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 the means necessary for water supply preservation or prevention
or alleviation of flooding.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption of same takes place or is designed to take
place outside the confines of the building in a motor vehicle or on
the site.
A use where all or part of the business may take place outside
the confines of the principal structure with the customer remaining
in a motor vehicle.
A one-family dwelling attached to one or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling, use
or structure.
A dwelling containing more than two dwelling units.
A building containing one dwelling unit.
A building containing two dwelling units.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A building or structure for fire equipment, first aid or
emergency equipment, telephone switching stations, electrical substations,
and similar facility buildings.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal, or other governmental
agencies. "Essential services" shall not include essential service
buildings.
The vertical location of the ground surface prior to excavating
or filling.
Any number of persons maintaining a single household. A "family"
may include foster children placed in such households by the State
Division of Youth and Family Services or a duly incorporated child
care agency but shall not include roomers or members of a fraternity
or sorority.
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse as provided
in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.11.
See "structure, farm."
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person or persons.
The official action of the Planning Board or Board of Adjustment
taken on a development plan which had been given preliminary approval
and after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
See "grade, finished."
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use to increase off-site flooding or flood-related damages.
That portion of the flood hazard area outside of the floodway
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
The floodplain, consisting of the floodway and the flood
fringe area.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters in the flood of record.
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
A map approved by the State of New Jersey Water Policy and
Supply Council, October 18, 1976, pursuant to N.J.S.A. 58:16A-52,
or as revised by the Federal Insurance Administration.
The same as the flood hazard area on the Flood Insurance
Rate Map.
See "regulatory floodway."
The ratio of the gross floor area of all buildings on a lot
to the lot area.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls
but not including areas devoted exclusively to off-street parking
and loading space for motor vehicles or any space where the floor-to-ceiling
height is less than seven feet.
Gross floor area minus 15%.
Particles of gasborne matter, not including process material,
arising from the combustion of solid fuel, such as coal or wood.
A building or structure used for the storage of one or more
vehicles maintained for the use of the resident occupant. Private
garages shall be permitted only as an accessory use to a residential
principal use.
To be stored or parked entirely within the perimeter walls
of a garage or structure.
A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles,
and which may provide for the maintenance, service, storage, or washing
of motor vehicles, or the sale of equipment and accessories.
The Township Committee of the Township of Lebanon.
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey, and any county,
city, township, village, authority, district or other governmental
unit.
The completed finished surface of a lot upon which a structure
has been erected pursuant to approved plans, approved by the Planning
Board or Construction Code Official of the Township, for which structure
or building a permanent certificate of occupancy has been issued.
Where any ordinance of the Township has established a finished grade
at a different level from the grade as herein described, the grade
as defined and established by such ordinance shall be determined to
be the finished grade.[2]
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
Any stripping, cutting, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
The value specified by the manufacturer as the loaded weight
of a single vehicle.
Any room in a dwelling other than a kitchen or bathroom.
Such elements or compounds which, when discharged in any
quantity into the environs of air, water or soil, present an imminent
and substantial danger to the public health or welfare, including
but not limited to fish, shellfish, and various forms of wildlife.
The vertical distance from the grade plane to the highest
point of the roof surface of a building and, in the case of other
structures, from the finished ground elevation at the edge of the
structure to the top of the structure.
Any building, structure, area or property that has been designated
pursuant to the New Jersey Municipal Land Use Law to be significant
in the history, architecture, archeology or culture of this State,
its communities or the nation.
Any activity, except an exempt home occupation, carried out
for gain by a resident conducted as a conditional use in the resident's
dwelling unit or permitted accessory building.
Low-intensity home occupation which meets the exemption criteria outlined in § 400-11B(6).
A building designed for occupancy as a temporary residence
of one or more persons who are lodged for a fee with or without meals.
A family living together in a single dwelling unit with common
access to, and common use of, all living and eating areas and all
areas and facilities for the preparation and storage of food within
the dwelling unit.
Any ground cover which reduces the rate of absorption of
stormwater into undeveloped land. Retention and detention basins and
drywells allowing water to percolate directly into the ground shall
not be considered as impervious surfaces.
A use which is universally considered of value to the community
because it fundamentally serves the public good and promotes the general
welfare. Such a use includes, but is not limited to, a hospital, school,
child-care center, group home, or a wind, solar or photovoltaic energy
facility or structure.
[Added 9-7-2011 by Ord. No. 2011-08]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey;
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the Township, whose right
to use, acquire, or enjoy property is or may be affected by any action
taken under this chapter, or under any other 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.
Nonprofit public or quasi-public institutions and uses such
as houses of worship, public and private schools, hospitals, libraries
and municipally owned or operated buildings, structures or land used
for public purposes.
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with the dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush, and building materials. "Junk" shall not include
wood stored on a lot for use in a fireplace, woodstove or furnace.
Any area, lot, parcel, building or structure licensed and
used for the storage, sale, processing, abandonment or storage of
junk.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
A currently registered and operational motor vehicle bearing
commercial license plates and having a gross vehicle weight rating
(GVWR) of 26,000 pounds or less.
[Amended 10-21-2009 by Ord. No. 2009-08; 8-4-2010 by Ord. No.
2010-10]
Pedal-operated vehicles, motorcycles, mopeds, cars, pickup
trucks, sports utility vehicles, and vans having a gross vehicle weight
rating (GVWR) of 12,000 pounds or less.
[Amended 10-21-2009 by Ord. No. 2009-08; 8-4-2010 by Ord. No.
2010-10]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The computed area contained within the lot lines, but not
including any street rights-of-way.
A residential development option that allows a range of minimum
lot areas, provided that the maximum density for the parcel is not
exceeded.
[Added 5-29-2002 by Ord. No. 2002-4]
A parcel of land either at the junction of and abutting on
two or more intersecting streets, or abutting a single street at the
point where the road tangents deflect by more than 45°.
That portion of one lot or more than one lot which is improved
or is proposed to be improved with buildings and structures, including
but not limited to driveways, parking lots, pedestrian walkways, signs
and other man-made improvements on the ground surface which are more
impervious than the natural surface. (See also "building coverage"
and "open space.")
The length of the front lot line measured at the road right-of-way
line.
A parcel of land other than a corner lot.
A line of record bounding a lot.
The lot line separating a lot from an existing or future
township, county or state street right-of-way.
The lot line opposite and most distant from the lot line,
or the point at which the side lot lines meet. On corner lots, there
shall be only one rear lot line.
Any lot line other than a front or rear lot line.
An interior lot which extends from one street to another.
The distance between the side lot lines measured at the building
setback line.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
See "subdivision, major."
A composite of one or more written or graphic proposals for
the development of the Township prepared and adopted pursuant to the
Municipal Land Use Law.
The chief executive of the Township.
A consolidation of existing lots.
A site plan involving less than 1,000 square feet of new
building, or 3,200 square feet of new impervious coverage, or five
parking spaces.
[Added 11-4-2009 by Ord. No. 2009-09]
See "subdivision, minor."
A structure containing more than one principal permitted
use.
The application of suitable materials on the soil surface
to conserve moisture, hold soil in place and aid in establishing plant
cover.
N.J.S.A. 40:55D-1 et seq., as amended.
[Amended 4-18-2007 by Ord. No. 2007-7]
The ground surface in its original state before any grading,
excavation or filling.
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.
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 reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
The meeting place of a nonprofit organization and open only
to bona fide members of such nonprofit organization.
Any smoke, solid particles or fly ash, odor, liquid wastes,
solid wastes, radiation, noise, vibration, glare or heat.
A child care center, licensed by the state, enrolling four
or more children between two and five years of age and where tuition,
fees or other form of compensation is charged.
A building providing shelter and/or supplemental health care
for the elderly or infirm and meeting the standards, and licensed
by the State of New Jersey, to operate as a skilled care facility
or residential care facility.
The map, with changes and additions thereto, adopted and
established, by resolution of the Board of Chosen Freeholders of the
county pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the Municipal Land Use Law,
or any prior act authorizing such adoption, which 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.
The individual map sheets that are part of the Soil Survey
of the National Cooperative Soil Survey of the Soil Conservation Service,
United States Department of Agricultural, published by the County
Soil Conservation District and adopted by resolution of the Hunterdon
County Planning Board.
The interpretations of the soils described in the Soil Survey
of the National Cooperative Soil Survey of the Soil Conservation Service,
United States Department of Agriculture, published by the County Soil
Conservation District and adopted by resolution of the Hunterdon County
Planning Board.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
That portion of land, including any farm-related dwelling
or accessory buildings located thereon, that is voluntarily deed-restricted
by the landowner for forest resource conservation or agricultural
use in order to qualify for the open lands subdivision pursuant to
this chapter.
[Added 5-29-2002 by Ord. No. 2002-4]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land. (See also "building
coverage" and "lot coverage.")
An open space conveyed or otherwise dedicated to the Township
or a Township agency, Board of Education, state or county agency,
or other public body for recreation and conservation uses by the public.
Individual, firm, association, syndicate, copartnership or
corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property, and all owners of property and government
agencies entitled to notice under this chapter.
A roofed enclosure up to 12 feet in height on top of a building
and occupying not more than 20% of the main roof area.
A test designed to determine the ability of ground to absorb
water.
Any security, which may be accepted by the Township; provided
that 10% of the total performance guarantee shall be in cash.
The maximum emission level that a nuisance element is permitted
under this chapter.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Any substance or mixture of substances labeled, designed,
intended for or capable of use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in persons or animals. The term "pesticide" shall
also include any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant or plant regulator.
A building or structure or groups of buildings or structures
which by design or construction are primarily intended for use by
groups or persons conducting organized religious services and accessory
uses associated therewith.
Planned unit residential development, planned commercial
development or planned industrial development.
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board or Board of Adjustment
for final approval in accordance with this chapter.
The preliminary plat indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
or Board of Adjustment for consideration and preliminary approval.
The sketch map of a subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of development plan
have been agreed upon by the Planning Board or Board of Adjustment
and the applicant.
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.
Coniferous forest, deciduous forest, mixed forest and plantation,
as depicted on Figure 7 of the 2001 Master Plan.
[Added 5-29-2002 by Ord. No. 2002-4]
An engineer duly licensed by the State of New Jersey.
A use which is not expressly permitted in a zone district.
Existing or proposed:
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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.
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
The majority of the full authorized membership of the Board.
The portion of rainfall which becomes direct surface runoff.
A recreation facility operated as a business and open to
the public for a fee.
Includes the following items if currently registered and
in good repair:
TRAILERA vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.
TRAVEL TRAILERA portable structure mounted on or part of a trailer for use as a temporary dwelling for travel, recreation or vacations and having a maximum body length of 35 feet and a maximum body width of eight feet when factory equipped for the road.
PICKUP CAMPERA portable structure designed to be mounted on a pickup or other truck for use as a temporary dwelling for travel, recreation or vacations, but not including pickup "caps" which do not extend more than 12 inches above the standard cab of the pickup.
MOTOR HOMEA motor vehicle designed for use as a temporary dwelling for travel, recreation or vacations, but not including standard vans which are light vehicles and usable only for sleeping purposes.
CAMP TRAILERA folding or rigid portable structure mounted on or part of a trailer and designed for travel, recreation or vacation uses.
BOATAny kind of boat, float or raft.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
A recreation facility operated by a nonprofit organization
and open only to bona fide members and guests of such nonprofit organization.
A recreation facility operated by the Township, county, or
other governmental agency.
A flood having a 1% chance of being equaled or exceeded in
any given year.
The rate of flow produced by the regulatory base flood, measured
in cubic feet per second.
The channel and the adjacent land areas that must be reserved
in order to discharge the regulatory base flood without cumulatively
increasing the water surface elevation more than 0.20 of one foot.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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.
Establishments engaged in providing services for individuals,
businesses, government and other organizations and includes eating
and drinking places; finance, insurance, including real estate offices;
rooming houses, camps and other lodging places; personal services;
business services; miscellaneous repair services; motion pictures;
amusement and recreation services; health services; educational services;
social services; museums, art galleries, botanical gardens and zoological
gardens; miscellaneous services.
Establishments engaged in selling merchandise for personal
or household consumption.
A legally recordable instrument granting to the developer
the right to discharge collected waters upon lands exterior to the
development.
Any roadside stand that is not an integrated roadside stand.
A structure from which are sold only goods produced or processed
to their saleable form on the property, exclusive of packaging material
and similar items incidental to the sale.
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
Any solid material that is in suspension and is being or
has been moved by water, ice, wind, gravity or other means.
The transport and depositing of sediment.
A barrier or dam built across a waterway or at other suitable
locations to retain sediment.
Two or more retail commercial establishments located in one
building or structure designed, operated and maintained as a single
entity.
A triangular shaped portion of land established at intersections
in accordance with the requirements of this chapter in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct sight distance.
A name, identification, description, display, illustration,
or logo which is affixed to or represented directly or indirectly
upon a building, structure or piece of land, directing attention to
a product, business, service or individual. However, a "sign" shall
not include a display of official, court or public notices, any official
traffic control device and shall not include the flag, emblem or insignia
of a nation, state, county, or township. A "sign" shall not include
a sign located completely within an enclosed building except if it
is visible and directed to be seen from outside the building. Each
display surface of the sign shall be considered to be a single sign;
except that where two such surfaces of a sign are physically attached,
parallel and separated by less than 12 inches, the two surfaces shall
be considered a single sign.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
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 locale 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 that an informed determination may be made by the
boards pursuant to this chapter.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degree.
A wind energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, that is
used to generate electricity and has a nameplate capacity of 100 kilowatts
or less.
[Added 9-7-2011 by Ord. No. 2011-08]
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
The governmental subdivision of this state which encompasses
this Township, organized in accordance with the provisions of Chapter
24, Title 4 (N.J.S.A. 4:24-1 et seq.).
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
A plan which indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation. Such measures shall be at least equivalent
to the standards and specifications as adopted by the Hunterdon County
Soil Conservation District.
A test pit dug to a minimum depth of 10 feet, except in rock,
to determine soil conditions.
A system of fuel cells, solar or photovoltaic panels and
equipment for the production of energy that is not a minor solar or
photovoltaic energy facility or structure.
[Added 12-7-2011 by Ord. No. 2011-11]
A fuel cell, solar or photovoltaic panel or system of panels
for the collection of energy and conversion to electric energy which
is located on the power beneficiary's premises; is designed and intended
primarily to offset up to 110% of the beneficiary's requirements for
energy consumption on site as documented through the submission of
power company electricity usage bills or another form of documentation
acceptable to the Lebanon Township Zoning Officer; and is secondary
to the beneficiary's use of the premises for other lawful purpose(s).
[Added 12-7-2011 by Ord. No. 2011-11]
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling
next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level, and in which space the possible floor area with a head
room of five feet or less occupies at least 40% of the total area
of the story directly beneath.
A permit issued by the NJ Department of Environmental Protection.
[Amended 4-18-2007 by Ord. No. 2007-7]
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 by official action as provided
by this act; 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 includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutter, curbs,
sidewalks, parking areas and other areas within the street lines.
A street so designated in the duly adopted Lebanon Township
Master Plan.
A street so designated in the duly adopted Lebanon Township
Master Plan.
A street so designated in the duly adopted Lebanon Township
Master Plan.
A street so designated in the duly adopted Lebanon Township
Master Plan.
Any activity which removes or significantly disturbs the
vegetative surface cover.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of land or water.
Those buildings on a farm used to house or store equipment,
goods, animals, crops or produce but not used for human habitation.
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 new streets are created:
Divisions of land found by the Planning Board
to be for agricultural purposes where all resulting parcels are five
acres or larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property 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 lot,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Township Clerk to conform
to the requirements of this chapter and are shown and designated as
separate lots, tracts or parcels on the tax map or atlas of the Township.
The term "subdivision" shall include also the
term "resubdivision."
A subdivision not classified as a minor subdivision.
Any subdivision containing not more than three lots, exclusive
of the remaining lot or parcel, which is not a planned development,
or contains any public new street, or involves the extension of any
off-tract improvement, the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
A dwelling unit contained within an existing single-family
detached structure or existing accessory building on a lot containing
a single-family detached structure and which meets the requirements
of a supplementary apartment as set forth in this chapter.
Water on land surface.
For a small wind energy system, the height above grade of
the tower plus the wind generator.
[Added 9-7-2011 by Ord. No. 2011-08]
Stabilizations of erosive or sediment-producing areas.
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil, or the original or present
"A" horizon plus "B" horizon (if in top six inches), as defined by
the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacements for any purposes
whatsoever. "Topsoil" shall be capable of supporting vegetation indigenous
to the area.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
[Added 9-7-2011 by Ord. No. 2011-08]
A building designed for or occupied by no more than one family
or household and attached to other similar buildings or structures
by party walls extending from the foundation to the roof, provided
with two direct means of access from the outside and provided with
separate cooking, sleeping and sanitary facilities and separate facilities
for electric service, heating, electric and gas services.
The Township of Lebanon.
Property which is the subject of a development application.
A mobile or semimobile unit used in whole or in part for
working, living or sleeping purposes, and standing on wheels or on
rigid supports.
A vehicle used solely for carrying people, goods, objects
or materials.
The area of a tract or parcel that does not contain floodplains,
wetlands or slopes greater than 15%.
[Added 5-29-2002 by Ord. No. 2002-4]
Permission to depart from the literal requirements of this
chapter.
Stabilization of erosive or sediment-producing areas by covering
the soil with permanent or short-term seeding, mulching, or sodding.
A self-propelled device which is licensed as a motor vehicle
by the State of New Jersey.
Vehicular type, portable structures which can be towed, hauled
or driven, primarily designed as temporary living accommodations for
recreational, camping and travel use and including travel trailers,
truck campers, camping trailers and self-powered motor homes.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
An oscillation wherein the quantity is a parameter that defines
the motion of a mechanical system.
Any natural or artificial collection of water, whether permanent
or temporary.
Ability of a channel or floodway to transport flow as determined
by its shape, cross-sectional area, bed slope and coefficient of hydraulic
friction.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
The blades and associated mechanical and electrical conversion
components mounted on top of the tower.
[Added 9-7-2011 by Ord. No. 2011-08]
A facility or structure for the purpose of supplying energy
produced from wind, solar, wood or photovoltaic technologies, whether
such facility or structure is a principal use, a part of the principal
use, or an accessory use or structure.
[Added 9-7-2011 by Ord. No. 2011-08]
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signal, or electromagnetic
waves for wireless communications.
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
Buildings and/or structures and equipment for the delivery
of wireless telecommunications except for satellite dish antennas.
For purposes of this definition, wireless telecommunications structures,
antennas, equipment and/or towers may be collectively referred to
herein as "wireless telecommunications facilities." This definition
shall not include any tower, or the installation of any antenna, that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
A vertical structure used to support wireless telecommunications
antennas.
An open space which lies between the minimum setback line
and the nearest lot line, unoccupied and unobstructed from the ground
upward except as permitted in this chapter.
A space extending the full width of the lot between the minimum
front yard building setback line and the front lot line, and measured
perpendicular to the minimum front building setback line at its closest
point to the front lot line. The front yard shall be unoccupied and
unobstructed from the ground upward except as may be permitted elsewhere
in this chapter.
A space extending across the full width of the lot between
the minimum rear building setback line and the rear lot line measured
perpendicular to the minimum rear building setback line at its closest
point to the rear lot line. The rear yard shall be unoccupied and
unobstructed from the ground upward except as may be permitted elsewhere
in this chapter.
A space extending from the front yard setback line to the
rear setback line between the minimum side yard setback line and the
side lot line measured perpendicular to the side lot lines at its
closest point to the minimum side yard setback line. The side yard
shall be unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this chapter.
A document signed by the Zoning Officer which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion,
or installation of a structure or building; and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom.
