This chapter shall be known as the "Land Use Ordinance of the
Township of Mine Hill."
It is the intent and purpose of this chapter to bring all the
zoning, subdivision, planning and related ordinances and regulations
of the Township regulating the subdivision, use and development of
land in the Township of Mine Hill into compliance with the Municipal
Land Use Law (c. 291, P.L. 1975) and to provide standards, rules and
regulations to guide the subdivision, use and development of land
within the Township in a manner which achieves and/or advances the
various purposes of said Municipal Land Use Law as set forth in the
statement of purposes of said law in N.J.S.A. 40:55D-2.
A.Â
To regulate land development and provide zoning regulations for the
Township of Mine Hill pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-2 et seq., as interpreted by decisional law.
B.Â
To implement and give effect to the goals and objectives of the Master
Plan for the Township of Mine Hill, adopted February 17, 1999.
C.Â
To give municipal effect to the purposes of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., which purposes are as follows:
(1)Â
To encourage municipal action to guide the appropriate use or development
of all lands in this state, in a manner which will promote the public
health, safety, morals, and general welfare;
(2)Â
To secure safety from fire, flood, panic and other natural and man-made
disasters;
(3)Â
To provide adequate light, air and open space;
(4)Â
To ensure that the development of the municipality does not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole;
(5)Â
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
(6)Â
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
(7)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 in order to meet the needs of all New Jersey
citizens;
(8)Â
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
(9)Â
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
(10)Â
To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
state and to prevent urban sprawl and degradation of the environment
through improper use of land;
(11)Â
To encourage planned unit developments which incorporate the
best features of design and relate the type, design and layout of
residential, commercial, industrial and recreational development of
the particular site;
(12)Â
To encourage senior citizen community housing construction;
(13)Â
To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land;
(14)Â
To promote utilization of renewable energy sources; and
(15)Â
To promote the maximum practicable recovery and recycling of
recyclable materials from municipal solid waste through the use of
planning practices designed to incorporate the State Recycling Plan
goals and to compliment municipal recycling programs.
D.Â
To preserve the features of the natural environment and to enhance
the quality and character of the man-made environment in the Township
of Mine Hill.
E.Â
To foster economic development and investment in appropriate locations
and districts in the Township of Mine Hill.
F.Â
To offer the citizens of Mine Hill Township the best opportunities
and protections associated with modern zoning and land use planning,
while making the municipal review and approval process more responsive
to their needs and expectations.
A.Â
This chapter shall be interpreted with primary regard to the fundamental
purpose(s) for which the provisions herein were adopted. The sense
of any regulation contained herein is to be gathered from its object,
the nature of its subject matter, the context of its setting, the
degree to which the provision serves to implement the current Master
Plan, and the reading of the provisions contained herein in pari materia.
Where a literal reading will lead to a result not in accord with the
essential purpose and design of this chapter, the spirit of this chapter
will control the letter. Wherever it is apparent that the drafters
of this chapter or the governing body did not consider or contemplate
a specific situation, the circumstances shall be interpreted consistent
with the probable intent of the drafters and governing body had they
anticipated the situation at hand. Specific provisions in this chapter
shall take precedence over general provisions. To the greatest practicable
extent, the provisions contained herein, particularly when dealing
with the same subject matter, shall be read or construed together
as forming one regulation. This chapter is to receive a reasonable
construction and be liberally construed in favor of the Township of
Mine Hill. This chapter shall be given reasonable application to serve
the apparent purpose of the chapter. The plain meaning of the language
contained herein shall be construed according to the ordinary meanings
of the words and phrases contained herein.
B.Â
Except where they are specifically defined herein, all words and
terms used in this chapter shall carry their customarily accepted
meanings: "lot" shall include the word "plots" or "parcels"; "building"
shall include the word "structure"; "occupied" or "used" shall be
considered as though followed by the words "or intended, arranged
or designed to be used or occupied"; and "dwelling" shall include
the word "residence."
C.Â
It is not the intent of this chapter that any prohibited use or occupation
shall be allowed because of a technical distinction in the meaning
of any word. The following words or terms shall have the following
meanings when used herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A use, structure or building subordinate to the principal
use or building on the same lot and serving a purpose customarily
incidental to the use of the principal building. An accessory structure
or building shall be detached from the principal building.
A measure of land area containing 43,560 square feet.
Leisure-time activities of a more structured nature often
requiring equipment and taking place at prescribed places, sites or
fields. Linear systems such as formally designed jogging trails and
formally designed bikeways may be included in such areas, but the
eligible width of such active recreational/linear systems shall be
no greater than five feet on each side of the track or trail. All
active recreational facilities must conform to the standards established
in the Americans With Disabilities Act.[1]
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land.
The Secretary of the Planning Board or Board or Clerk of
the Township, as the case may be, according to which of said agencies
is involved in a particular instance.
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 which would remove
the threat of such damage.
A condition or effect that creates, imposes, aggravates,
or leads to inadequate, impractical, unsafe, or unhealthy conditions
on a site proposed for development or on off-tract property or facilities.
The use of land which is actively devoted to agriculture
or horticultural use and which occupies no less than five acres, in
accordance with N.J.S.A. 54:4-23.4, 54:4-23.5 and 54:4-23.11, except
that no livestock, poultry, fowl or other animals shall be maintained
on the premises for commercial gain except where incidental to the
major agricultural activity.
The presence of contaminants in the air in concentrations
beyond the normal dispersive ability of the air and that interfere
directly or indirectly with health, safety, or comfort, or with the
full use and enjoyment of property.
As applied to a building, a change or rearrangement of supporting
members, or exit facilities, or an enlargement, whether by extending
on a side or by increasing in height or moving from one location or
position to another.
Any exchange or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
A natural or created feature that enhances the aesthetic
quality, visual appeal of, or makes more attractive or satisfying
a particular property, place, or area.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
A building other than a building of attached townhouses containing
a minimum of three dwellings.
[Added 2-21-2019 by Ord.
No. 04-19]
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for a complete application for approval (preliminary
or final) of a subdivision plat (minor or major), site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36. An incomplete application
shall not be considered an application for purposes of this chapter,
and the time for approving or denying such application shall not commence
to run until a complete application is submitted.
A source of supply of potable water approved by state or
local health authorities as to purity and fitness for drinking, which
is made available to owners or occupants of dwellings in a subdivision
development or other service area through a district distribution
system of mains and service connections, with appurtenances such as,
but not limited to, pumping stations, standpipes, dams and sluices,
which has been approved by the Township Council as being adequate
to serve all present and prospective residences in the subdivision
or service area with sufficient water during all seasons of the year
and with adequate pressure to assure a good flow of water through
all well-maintained service connections of not less than one gallon
per minute.
The Planning Board, the Board, within their respective jurisdictions,
and the Zoning Officer for permitted uses with respect to this chapter
and applicable Township Code provisions, as well as applicable state
and federal law.
A geologic formation that contains a potentially usable supply
of potable water.
The areas of Mine Hill Township that have been identified
by the New Jersey Department of Environmental Protection or other
governmental authority as being vital to the potable water supply
of the community and/or surrounding region. An aquifer recharge area
for the purposes of this definition is considered to be the exposed
outcropping or ground-level area above an aquifer that has been determined
to contain substantial volumes of water within unconsolidated subsurface
sand and gravel deposits.
Land or water areas that show evidence of artifacts of human,
plant, or animal activity, usually dating from periods of which only
vestiges remain.
A higher-order, interregional road in the street hierarchy,
which conveys traffic between centers and should be excluded from
residential areas.
Any premises on which are held at periodic times, and from
time to time, (auction) sales of merchandise or personal property.
Involves the straightening of damaged and bent parts, smoothing
out and repair of damaged finishes, including replacement of parts
where necessary, and painting.
An open area used for the display, sale or rental of new
or used motor vehicles or trailers in operable condition and where
no repair work is done.
A building or place of business where gasoline, oil and greases,
batteries, tires, and automobile accessories are supplied and dispensed
directly into the motor vehicle at retail, and where minor repair
service is rendered. Leasing of trailers or trucks shall not be considered
as a principal permitted or accessory use of an automobile service
station. The sale or lease of not more than a total of three automobiles
at any given time shall be considered a permitted accessory use, provided
the cars are located on a paved surface.
The mean setback from a street right-of-way of buildings
on both sides of a lot.
The lines that connect communications provider's towers/cell
sites to one or more cellular telephone switching offices, and/or
long-distance provider, or the public switched telephone network.
A story partly below the level of the ground surrounding
the building. No basement or portion thereof having less than 1/2
of its floor-to-ceiling height above the average level of the ground
surrounding the building shall be used as a separate dwelling unit
or included as part of the usable floor area for a residence.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
[Added 7-17-2014 by Ord.
No. 15-14]
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 by this chapter of the Code of the Township of Mine Hill
and as further defined herein.
The Planning Board, including the Planning Board acting as
the Board of Adjustment.
A land or water area used to visibly separate one use from
another or to shield or block noise, lights, or other nuisances.
Any structure having a roof supported by columns, posts or
walls and intended for the shelter, housing or enclosing of persons,
animals or property and including tents and other portable or wheeled
structures to be located at a specific site for an indeterminate time.
A subordinate building on the same lot as the principal or
main building or use.
That area of a lot which is occupied by buildings or structures,
but not including uncovered walkways, steps, patios, a parking lot
or area or any similar improvements thereto. "Building coverage" shall
also mean the ground area of all buildings on the lot, divided by
the lot area, and expressed as a percent.
The side of a building facing the street and includes up
to the attic floor or the joints of a flat-roof building. In the case
of a townhouse, the building face shall include decks and porches,
whether roofed or unroofed.[2]
A line drawn as closely parallel as possible to the street
line and touching that part of a building closest to the street.
A building in which is conducted the primary use of the parcel
on which it is located.
A small, roofed structure, usually having three walls, located
near or adjacent to a street and designed primarily for the protection
and convenience of bus passengers. (See "school bus shelter.")
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
The diameter of a tree trunk measured in inches, four feet
above ground level.
A governmental acquisition of real property or major construction
project.
The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved or hard surface width.
A portion of the building partly underground, having 1/2
or more than 1/2 of its height below the average grade of the building.
That permit issued by the Construction Official in accordance
with the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-121.
Any use that differs from the previous use of a building
or land.
An establishment providing for the care, supervision, and
protection of children.
Lands and buildings devoted to and used exclusively for religious
worship or religious asylum and entitled to exemption from taxation
pursuant to the provisions of N.J.S.A. 54:4-3.6.
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.
Buildings and facilities owned and maintained by a public
or semipublic agency, excluding religious institutions, which are
used primarily for public gatherings for the purpose of promoting
public education, knowledge and welfare.
A group of people organized for a common purpose to pursue
common goals, interests, or activities, and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive features.
A form of development that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots permitted under a conventional subdivision or increase in
the overall density of development, and the remaining land area is
devoted to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligibility criteria for differential property
taxation pursuant to the "Farmland Assessment Act of 1964," P.L. 1964,
c. 48 (N.J.S.A. 54:4-23.1 et seq.), or a farm management unit less
than five acres producing agricultural or horticultural products worth
$50,000 or more annually and otherwise satisfying the eligibility
criteria for differential property taxation pursuant to the "Farmland
Assessment Act of 1964," P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
An activity involving the sale of goods or services carried
out for profit.
Any vehicle registered as a commercial vehicle and displaying
commercial plates.
Includes but shall not be limited to facilities for the common
use of two or more dwellings units, such as roads, sidewalks, swimming
pools, playgrounds, trees, greens, fairways and parking areas.
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 lots or parcels of real
property by one person or by the same two or more persons owning such
property jointly or as tenants by the entirety or as tenants in common.
A homeowners' association organized to own, maintain, and
operate common facilities and to enhance and protect their common
interests.
A residential facility, licensed by the state, providing
food, shelter, and personal guidance, with supervision, to developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community and shall include
group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements, and hostels.
An application form, plans, and support reports and documentation
as specified within this chapter and the rules and regulations of
Mine Hill Township, including appropriate fees for approval of the
application for development, including, where applicable, but not
limited to a site plan, subdivision plat, provided that the municipal
agency may require such additional information not specified in this
chapter or revisions to the accompanying documents as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of such
additional information or any revisions to the accompanying documents
so required by the municipal agency. An application shall be certified
as complete upon meeting all requirements specified in this chapter
and shall be deemed complete as of the day it is so certified by the
administrative officer for the purpose of commencement of the time
period for action by the municipal agency.
An informal review of a plan for development that carries
no vesting rights or obligations on any party.
A use permitted in a particular zone 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.
The form of ownership of real property under a master deed,
whether or not contiguous, and all improvements thereon, all owned
either in fee simple or under lease, and all easements, rights and
appurtenances belonging thereto or intended for the benefit thereof,
pursuant to N.J.S.A. 46:8B-1 et seq.
A community association which administers and maintains the
common property and common elements of a condominium.
Any retail establishment offering the sale of prepackaged
food products, household items, newspapers and magazines, sandwiches
and other freshly prepared foods, such as salads, for off-site consumption.
A composite of the master plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The Morris County Planning Board, as established by N.J.S.A.
40:27-1.
Any open, unoccupied area which is bounded by three or more
attached building walls.
See "building coverage."
See "lot coverage."
Any area which is environmentally sensitive or which, if
disturbed during construction, would adversely affect the environment,
including but not limited to stream corridors, flood hazard areas,
slopes greater than 15%, areas of high-water table, previously mined
areas, and mature stands of native woodland.
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary.
A stone, concrete, or other improved boundary marking the
end or edge of the roadway or paved area.
A facility which is maintained for the care, development
and supervision of six or more children who attend for less than 24
hours per day and shall not include the following: foster homes, group
homes and other types of residence facilities, conforming to the requirements
of N.J.A.C. 10:122-1.2.
As used in this chapter, shall mean calendar days.
The permitted number of dwelling units per gross area of
land to be developed.
A stormwater management basin or alternative structure designed
to temporarily detain stormwater runoff.
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 and any
mining, excavation or landfill and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which site plan approval, subdivision approval, a variance, conditional
use approval or any other permit or permission is required pursuant
to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to this chapter and prevailing law.
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, entertainment or
attraction sold, offered or existing elsewhere than upon the same
lot or development where such sign is displayed, regardless of size.
Any portion of the territory of the Township of Mine Hill
within which certain uniform regulations and requirements or various
combinations thereof apply under the provisions of this chapter.
Small tame animals normally kept or maintained in or about
a dwelling as a pet, such as dogs, cats and other similar household
pets.
The removal of surface water or groundwater from land by
drains, piping, 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.
Natural and man-made components that contain, convey, absorb,
store, treat, or dispose of surface water runoff or groundwater.
A structure where food and/or drink is sold ready for consumption
and where a substantial portion of the customers consume the food
and/or drink elsewhere than at the structure.
A defined paved or unpaved surface providing vehicular access
from one or more lots to a street. A driveway is not a road, street,
boulevard, highway, or parkway.
Any building or portion thereof designed or used primarily
as the residence or sleeping place of one or more persons. A hotel,
motel, hospital, nursing home, dormitory, fraternity or sorority house,
rooming house, boardinghouse or similar structure shall not be considered
a dwelling under the terms of this chapter.
One or more rooms, including cooking and sanitary facilities,
in a structure, designed as a unit for occupancy by not more than
one family for living and sleeping purposes.
A building containing two or more dwelling units and including
apartments and townhouses as defined herein.
A building containing one dwelling unit only and occupied
exclusively for residence purposes by one family or one housekeeping
unit.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, public, a corporation,
or particular persons for a specific use.
EASEMENTA right which one person has to use the lands of another for a specific purpose not inconsistent with the general property rights of the owner.
CONSERVATIONAn easement limiting or precluding future development of the land.
DRAINAGE OR UTILITYAn easement required for the installation of stormwater sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
SIGHT TRIANGLEAn easement consisting of a triangular-shaped portion of land established at street 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.
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is a
sufficient compliance with the compulsory education requirements of
the state. "Educational uses" shall also include institutions of higher
education duly licensed by the State Department of Higher Education.
Summer day camps shall not be considered as educational uses or accessories
to such uses.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground,
surface or overhead gas, electrical, steam or water transmission,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants, and other similar equipment
and accessories in connection therewith reasonably necessary for the
furnishing of adequate service by such public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare. Essential services shall include firehouses, first
aid and emergency aid squads.
Permission to depart from the design standards in this chapter.
The Federal Aviation Administration.
The total wall surface, including door and window area, of
a building's principal face. In computing permitted sign area, only
one face of a building may be used as the principal face.
[Added 7-17-2014 by Ord.
No. 15-14]
See "wall sign."
[Added 7-17-2014 by Ord.
No. 15-14]
Any number of persons living together as a single housekeeping
unit and using certain rooms, including a kitchen and housekeeping
facilities, in common. All adult members of the family shall have
their primary domicile at the housing unit. A family shall also include
foster children placed with a family in such dwelling by the Division
of Youth and Family Services or a duly incorporated child-care agency.
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of one acre 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 and 54:4-23.11.
The Federal Communications Commission.
A structure of wood, metal, stone, masonry or other material,
and shall also include barriers formed by living vegetation used to
separate land areas. The height of a fence shall be no greater than
six feet along the side yards of a property and four feet along the
front yard of any property.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled, including
payment of all required fees, and the improvements required to be
completed prior to final approval have been installed or performance
guarantees properly posted for their completion for those improvements
which may be completed following final approval, together with the
posting of all required maintenance guarantees.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which if approved shall be filed with the
Clerk of the County of Morris for recording in accordance with law.
That portion of the flood hazard area outside the floodway.
The floodplain on the total area inundated during the flood
of record, or the area delineated by the Department of Environmental
Protection, by Housing and Urban Development or by analysis of soil
condition characteristics as floodplain, whichever is greater.
The highest elevation, expressed in feet above sea level,
of the flood of record or as determined by the criteria set forth
in the definition of "flood hazard area" above.
A map prepared by the Department of Environmental Protection
showing the channel, floodway and fringe area, or in the event such
map has not been prepared, maps showing the flood hazard area.
For purposes of this chapter, the flood hazard area.
The portions of the floodplain adjoining the channel which
are reasonably required to carry and discharge the floodwater or flood
flow of any natural stream. The floodway shall be delineated by the
Department of Environmental Protection.
The sum of the gross horizontal areas of the several floors
of the building from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
The total floor area of a dwelling, but not including rooms
with more than 1/2 of their cubic area below finished grade, rooms
for heating equipment, garages, unenclosed porches, breezeways or
other unheated areas. For the purpose of this chapter, floor area
covered in whole or in part by a sloping ceiling shall be counted
toward minimum livable floor area only for that portion having headroom
of at least five feet six inches, provided further that at least 75%
of such floor area has a ceiling height of at least seven feet, and
provided further that if such floor is situated above another floor,
it shall be accessible from other livable floor areas in the dwelling
by means of a permanent built-in stairway.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
Particles of gas-borne matter (not including process materials)
arising from the combustion of solid fuel, such as coal or wood.
Any immovable sign not affixed to a building.
[Added 7-17-2014 by Ord.
No. 15-14]
A garage in which no business, service or industry is carried
on and which is not designed to contain more than three motor vehicles.
Any garage not included within the definition of "private
garage."
Any building, premises and land upon which a business, service
or industry involving the maintenance, service and repair of vehicles
is conducted or rendered, but excluding auto body and painting establishments.
A building not exceeding two stories in height containing
a group of separate dwelling units and which is so designed that not
more than two apartments are served by a common entry.
The same as "automobile service station."
The Mayor and Township Council of the Township of Mine Hill.
Any department, commission, independent agency, or instrumentality
of the United States, of a state, county, incorporated or unincorporated
municipality, township, authority, district, or other governmental
unit.
A curb constructed of rectangular-shaped stone or granite
blocks, placed vertically in a concrete foundation, and also known
as "belgian block curb."
Any sign, other than a pole sign, placed upon or supported
by the ground independent of any other structure.
[Added 7-17-2014 by Ord.
No. 15-14]
Community residences for the developmentally disabled and
community shelters for victims of domestic violence and community
residences for the terminally ill. A "community residence for the
developmentally disabled" means any community residential facility
licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter
and personal guidance, under such supervision as required, to more
than six but not more than 15 developmentally disabled or mentally
ill persons who require assistance temporarily or permanently in order
to live in the community, and shall include but not be limited to
group homes, halfway houses, intermediate-care facilities, supervised
apartment living arrangements and hostels. "Community shelters for
victims of domestic violence" means any shelter approved for a purchase
of service contract and certified pursuant N.J.S.A. 30:14-1 et seq.,
providing food, shelter, medical care, legal assistance, personal
guidance and other services to more than six but not more than 15
persons who have been victims of domestic violence, including any
children of such victims who temporarily require shelter and assistance
in order to protect their physical and psychological welfare. "Community
residence for the terminally ill" means any community residential
facility operated as a hospice program providing food, shelter, personal
guidance and health care services, under such supervision as required,
to not more than 15 terminally ill persons.
The total floor area of all the habitable rooms in a dwelling
unit.
Any room in a dwelling unit other than a kitchen, bathroom,
closet, pantry, hallway, cellar, storage space, garage and basement
recreation room.
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metal-organic derivatives; coal tar acids, such
as phenols and cresols and their salts; and any such materials that
are determined to be hazardous by the New Jersey Department of Environmental
Protection.
A building or structure or any portion thereof that is used
for the storage, manufacture, or processing of highly combustible
or explosive products or materials, which are likely to burn with
extreme rapidity or which may produce poisonous fumes or explosions;
for storage or manufacturing that involves highly corrosive, toxic
or noxious alkalis, acids, or other liquids or chemicals producing
flame, fume, poisonous, irritant, or corrosive gases; and for the
storage or processing of any materials producing explosive mixtures
of dust or that result in the division of matter into fine particles
subject to spontaneous ignition.
The vertical distance measured from the lowest finished grade
level immediately adjacent to the building or structure foundation
to the extreme high point of the building or structure, inclusive
of parapets and ornamental design elements, but exclusive of chimneys,
antennas, and HVAC mechanical equipment less than eight feet in vertical
length.
[Added 3-17-2022 by Ord. No. 04-22]
For purposes of this chapter, a dressmaker, hairdresser,
seamstress, gunsmith, physician, dentist, lawyer, architect, licensed
professional engineer, accountant and tutor, musicians and dance teachers,
except that tutors, musicians and dance teachers are limited to three
pupils at any one time. Sale of goods or merchandise not produced
on the premises shall not be considered a home occupation. Nothing
herein shall be deemed to prohibit an occupation conducted solely
by members of the family utilizing telephone or other telecommunications.
Such home occupation use shall be clearly accessory to the principal
use of the structure, and only one such home occupation use shall
be conducted at the premises. The home occupation shall be conducted
solely by the owner or tenant residing at the premises or members
of his immediate family residing on the premises and not more than
one nonresident employee. Not more than 25% of the total living area
of the dwelling unit shall be used for the home occupation. Such home
occupation use shall be conducted solely within the principal structure.
A building which contains furnished living units for transient
occupants and in which no living unit contains more than two rooms
exclusive of bathroom, foyer, closet or dressing area, terraces or
balconies, and providing, among other things, such services and features
as a lobby, mail and valet services, linens, central dining rooms,
lounges, concessions, room service, dispensary, game and hobby rooms,
public assembly areas and other services and features, including twenty-four-hour
desk service. Living units may be provided for the sole use of resident
employees, provided that the same do not exceed 3% of the living units
provided. (See also "motel.")
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Any permanent structure that becomes part of, placed upon
or is affixed to land.
A use by a public or nonprofit quasi-public or private institution
for educational, religious, charitable or medical purposes.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is or may be affected by any action taken under this
act, or whose rights to use, acquire, or enjoy property under this
act, 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 act.
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
may include, for purposes of illustration, vehicles, tires, vehicles
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
A vehicle which, for all intents and purposes, has been abandoned,
is no longer in an operable condition or has been extensively vandalized
causing it to no longer be operable or serviceable.
An establishment wherein or whereon the business of boarding,
selling or breeding of more than six dogs, each over six months old,
is carried on.
Real property, including improvements and fixtures on, above
or below the surface.
A component of a development plan on which is shown proposed
landscape species (such as number, spacing, size at time of planting,
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the authority.
An iso-(lux) footcandle diagram or diagrams showing existing
and/or proposed levels of illumination produced in accordance with
standards contained in the IES Lighting Handbook, as amended, or similar
prevailing standard.
Facilities for and the handling of freight for the purpose
of permanent or temporary storage of goods, materials or merchandise
to be used in conjunction with the principal use and for later or
subsequent distribution or delivery elsewhere of products resulting
from the principal use, without maintenance facilities, except those
which are contained fully inside the building. Light warehousing does
not include such uses as terminal freight facilities, break bulk freight
or transport freight or the utilizing of a hub for freight carrier
service.
The area within the wall exteriors, but excluding porches,
breezeways, garages or any areas where the average floor-to-ceiling
height is less than seven feet, or basements (cellars) if less than
1/2 of the basement floor-to-ceiling height is above the average level
of the ground surrounding the building, and any other areas excluded
from the definition of "floor area, livable," above.
A designated parcel, tract or area of land established by an
approved subdivision plat or otherwise, as permitted by law, and which
may be lawfully used, sold, developed or built upon as a single unit.
A street passing through land shall be considered as having divided
the land into lots.
For the purpose of this chapter, contiguous undersized lots
under one ownership shown on a plat approved under the Old Map Filing
Act shall be considered one lot and further that no portion of an
existing public street shall be included in calculating a lot boundary
or lot area.
LOT AREAThe computed area contained within the lot lines. The area shall not include any area within street rights-of-way.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner. Each corner lot shall have one side yard and one rear yard. The narrower frontage shall conform to the minimum frontage requirement of the zone.
LOT COVERAGEThe square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of lot coverage and shall be represented as a percent of area of all impervious coverage to area of the entire lot.
LOT DEPTHThe average distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, "lot depth" means the distance measured by drawing several evenly separated lines from the front to rear lot lines, at right angles to the front lot line to the extent possible, and averaging the length of such lines.
LOT, INTERIORAny lot not a corner lot.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe dividing line between the lot and a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT WIDTHThe shortest distance between the side lot lines measured parallel to the front lot line at the minimum front yard setback line, synonymous with the rearmost limit of the required front yard area. The lot width of a corner lot shall be the narrower frontage of the corner lot.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
Any subdivision which does not meet the requirements of a
minor subdivision under this chapter.
A composite of one or more written or graphic proposals for
the development of the Township as set forth and described in, and
prepared and adopted (following public hearing) and from time to time
amended by the Planning Board of the Township of Mine Hill pursuant
to N.J.S.A. 40:55D-28 of the Municipal Land Use Law.
The development plan of a single lot which:
Proposes new development within the scope of development specifically
permitted as a minor site plan;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to (N.J.S.A.
40:55D-42);
Contains the information reasonably required in order to make
an informed determination as to whether the requirements for approval
of a minor site plan have been met; and
Shall be limited to the following classes of development:
A change in use involving no building construction other than
interior modification or interior structural alteration, and no additional
off-street parking.
Minor exterior or structural changes, such as entry enclosures,
porticos and other structural appurtenances, including roof appurtenances.
Building additions not exceeding 100 square feet in ground coverage
and accessory structures not exceeding 500 square feet in ground coverage,
provided the same do not invade upon any required parking area, setback
area or otherwise violate any requirements of this chapter.
A subdivision of land that does not involve:
More than two lots, one plus the remainder, fronting on an existing
street;
A planned development;
Any new street; or
The extension of any off-tract improvement, including but not
limited to water, sewer, drainage and street improvements; and
Does not adversely affect the development of the remainder of
the parcel (tract) or adjoining property and is not in conflict with
the Township Master Plan or Official Map and does not include land
in a previously mined area.
A series of attached dwelling structures, where each unit
has convenient access to parking space for the use of the unit's occupant.
The units, with the exception of the manager's or caretakers, are
designed to provide sleeping accommodations for automobile transients
or overnight guests and without the provision for cooking in any room
or suite.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other as a group of such buildings.
Two or more residences in a single structure. Mother-daughter
units shall be considered to be multiple-family dwellings.
The Planning Board or Township Council of the Township of
Mine Hill when acting pursuant to this chapter.
The Township of Mine Hill.
Chapter 291 of the Laws of New Jersey, 1975, as amended from
time to time.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but 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 a zoning ordinance,
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 a zoning ordinance, 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.
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affect a human being of ordinary sensibility; or the generation
of an excessive or concentrated movement of people or things, such
as but not limited to noise, dust, smoke, fumes, odor, glare, flashes,
vibrations, shock waves, heat, electronic or atomic radiation, objectionable
effluent, noise or congregation of people, especially at night, passenger
traffic, transportation of things by truck, rail or other means, invasion
of nonabutting frontage by parking.
A school designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
and operated on a regular basis.
Any premises meeting the standards of the New Jersey State
Department of Institutions and Agencies to operate as a nursing home.
A map adopted by the Township Council by ordinance pursuant
to N.J.S.A. 40:55D-29. Such map shall be deemed conclusive with respect
to the location and width of streets and public drainageways and the
location and extent of flood-control basins and public areas, including
public parks, playgrounds, trails, paths and other recreation areas,
public open spaces, scenic and historic sites, sites for schools and
other public buildings and structures, whether or not such streets,
ways, basins or areas are improved or unimproved or are in actual
physical existence. Upon receiving an application for development,
the Township may reserve for future public use any such streets, ways,
basins and areas in the manner provided in N.J.S.A. 40:55D-32.
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 the closest half of the street or
right-of-way abutting the property of which the lot is a part.
Improvement required to be made off site as a result of an
application for development and including, but not limited to, road
widening and upgrading, stormwater facilities, and traffic circulation
improvements.
Not located on the property which is the subject of a development
application nor on the closest half of an abutting street or right-of-way.
Improvement required to be made off tract as a result of
an application for development.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
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.
Any individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings as an
applicant to develop and/or subdivide the same under this chapter.
Any open area, other than a street or other public road or
way, used for the temporary parking of motor vehicles, including access
drives or aisles for ingress and egress thereto and therefrom.
An open area, deck or structure, other than a street or other
public way, used for the parking of automobiles and available to the
public, whether for a fee, free or as an accommodation for clients
or customers.
An area for the parking of motor vehicles and measuring nine
feet by 18 feet in length on the lot in question. The area of a parking
space is intended to be sufficient to accommodate the exterior extremities
of the vehicle, whether or not, in addition thereto, wheel blocks
are installed within this area to prevent the bumper from overhanging
one end of the parking space. A parking space shall consist of a space
adequate for parking a motor vehicle with room for operating doors
on both sides and shall provide free and totally unobstructed access
to the street.
Any security, which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
Includes any person, individual, business entity, partnership,
association, corporation, company, organization or legal entity of
any kind or nature.
A church, synagogue, temple or other facility that is used for
prayer and religious services by and for persons of similar beliefs;
A special purpose building that is architecturally designed
and particularly adapted for the primary use of conducting regular,
formal religious services by a religious congregation;
A group of such buildings or structures that, by design and
construction, is primarily intended for conducting organized religious
services and associated accessory uses.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
The Planning Board of the Township of Mine Hill. When such
Board is referred to hereunder in connection with the review of development
applications, "Board of Adjustment" and "Planning Board" are interchangeable,
as the Planning Board has assumed the functions of the Board of Adjustment.
The map or maps of a subdivision or site plan, including
those submitted for preliminary or final approval, variance or conditional
use approval.
A concept or informal map of a proposed subdivision or site
plan of sufficient accuracy to be used for the purpose of discussion
and classification.
A sign that is mounted on a freestanding pole or similar
support so that the bottom edge of the sign face is three feet or
more above grade.
[Added 7-17-2014 by Ord.
No. 15-14]
A sign that is not permanent, affixed to a building, structure
or the ground.
[Added 7-17-2014 by Ord.
No. 15-14]
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48 and
40:55D-49), prior to development approval after specific fundamental
elements of a development plan have been agreed upon by the Planning
Board and the applicant.
The primary or predominant use of any lot or parcel.
Public parks, playgrounds, trails, paths and other recreational
areas and public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate Township public body,
or any amendment thereto.
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.
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, board of education, state or county agency,
or other public body for recreational or conservational uses.
A sewage disposal system, including laterals, collectors,
interceptors, trunks, as well as treatment and disposal facilities
owned and operated by the Township of Mine Hill or an official agency
of the Township, or other public agency.
A water system, including supply, treatment and distribution
facilities, owned and operated by the Township of Mine Hill, or by
some other public agency, or a franchised water company.
The majority of the full authorized membership of the Planning
Board, Township Council or other Township body acting pursuant to
this chapter or the Municipal Land Use Law.
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE, NONCOMMERCIALClubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization or their guests.
See "active recreation."
A vehicular-type unit primarily designed as temporary living
quarters for recreational camping or travel use, and as otherwise
defined in N.J.A.C. 8:22-1.2.
An area allocated for the collection and storage of source-separated
recyclable materials.
A church, mosque, synagogue, temple or other similar place
of worship.
A dwelling unit where an individual is actually living at
a specific point in time.
A sign or plate indicating the name of the property or occupants.
[Added 7-17-2014 by Ord.
No. 15-14]
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 selling goods or merchandise to
the general public for personal or household consumption and without
necessarily rendering services incidental to the sale of such goods.
The display and sale of products and services outside of
a building or structure, including garden and landscaping supplies,
flowers, shrubs, plants, produce, farm equipment, building and construction
materials and boats, but excluding new or used vehicles.
Establishments predominately providing services or entertainment
as opposed to, but not necessarily exclusive of, products, as where
a product is consumed or used in the service.
A stormwater management basin designed to retain some water
on a permanent basis.
The highest elevation of a mountain chain or line of hills.
The property line separating the street from abutting land.
A sign erected above the facade or on the roof of a building.
[Added 7-17-2014 by Ord.
No. 15-14]
A dwelling unit containing rooms for the rooming and/or boarding
of individuals.
A bus shelter as defined herein, but devoted exclusively
to the protection and convenience of school bus passengers.
Any school licensed by the state and that meets the state
requirements for elementary education.
A school supported and controlled by a church or religious
organization. (See "school, private.")
Any building or group of buildings, the use of which meets
state requirements for elementary, secondary, or higher education
and which use does not secure the major part of its funding from any
governmental agency.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity and other natural means
as a product of erosion.
A building so designed that portions thereof which are individually
secured are leased to individuals for the storage of household goods,
furniture and the like, each such area being separated from all other
such areas, and to which the lessee has direct access.
A residential development, including dwelling units, recreation
facilities and other appropriate facilities, within which residency
shall be restricted to permanent residents of the age of 55 years
and over, except for the spouse and children 18 years or more of age
of a qualifying resident.
That line which is the required minimum distance from the
street right-of-way line or any other lot line that establishes the
area within which the principal structure must be erected or placed.
The meaning as defined in N.J.S.A. 2C:34-6.
A profit or nonprofit boarding home, rest home or other home
for the sheltered care of adult persons which, in addition to providing
food and shelter to four or more persons unrelated to the proprietor,
also provides personal care or service beyond food, shelter and laundry.
Two or more retail commercial establishments in one or more
structures designed and operated as a coordinated integrated entity
with respect to parking, services, signs, and maintenance. Uses may
include retail and service establishments, offices and office structures,
theaters, recreational facilities, meeting and convention facilities,
museums and cultural facilities, motels and hotels, and uses accessory
to all such permitted uses.
A triangular-shaped portion of land established at street
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 object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
[Amended 7-17-2014 by Ord. No. 15-14]
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing, granting
or denying, by a majority of the full Committee, applications for
site plan exemptions.
A wind energy system that is used to generate electricity
and has a nameplate capacity of 10 kilowatts or less.
A building containing one single-family unit over another
in a horizontal regime of at least three lower-level dwelling units
with not more than two dwelling units in a vertical plane. The structure
shall have the outside appearances of a single dwelling unit lying
in a vertical plane and not appear as one unit located above another
unit. Access may serve two or more dwelling units.
Man-made trees, clock tower, bell steeples, light poles and
other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
A provision for temporary storage of stormwater runoff, and
the controlled release of such runoff during and after a flood or
storm.
Broad term for structural and nonstructural control of stormwater
runoff and nonpoint pollution.
A provision for the permanent storage of a fixed volume of
water.
A story shall be deemed to be a vertical length of 10 feet.
Stories shall be measured from the lowest finished grade level immediately
adjacent to the building or structure foundation to the extreme high
point of the building or structure, inclusive of parapets and ornamental
design elements, but exclusive of chimneys, antennas, and HVAC mechanical
equipment less than eight feet in vertical length. Basements that
are below finished grade shall not be included as a story.
[Amended 3-17-2022 by Ord. No. 04-22]
Where any height standard is hereinafter described and regulated
by story, a half story shall be deemed to be any vertical length less
than 10 feet and shall be measured from either: 1) the lowest finished
grade level immediately adjacent to the building or structure foundation
to the extreme high point of the building or structure if such building
or structure is not at least 10 feet in vertical length; or 2) the
apex of the highest full story of any building or structure to the
extreme high point of the building or structure, inclusive of parapets
and ornamental design elements, but excluding chimneys, antennas,
and HVAC mechanical equipment less than eight feet in vertical length.
Basements that are below finished grade shall not be included as a
half story.
[Amended 3-17-2022 by Ord. No. 04-22]
Any street, avenue, boulevard, road, roadway, parkway, viaduct,
drive or other way:
Which is an existing state, county or municipal roadway; or
Which is shown upon a plan heretofore approved pursuant to law;
or
Which is hereafter approved by official action as provided by
this chapter; or
Which is shown on a plat duly filed and recorded in the office
of the Morris County Clerk 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, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
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.
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity who as a developer submits
an application for major or minor subdivision approval pursuant to
this chapter.
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 or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Division of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts, or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the Tax Map
or Atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
for report back to the entire Board and such other duties relating
to subdivisions which may be conferred on such Committee by the Board
and the Board's rules, regulations and/or bylaws.
Communications over a distance by cable, telephone or broadcasting.[3]
A sign that is used in connection with a circumstance, situation,
or event that is designed, intended, or expected to take place or
to be completed within a reasonably short period of time after the
erection of such sign; or is intended to remain on the location where
it is erected or placed for a period not more than 15 days. If a sign
display area is permanent but the message displayed is subject to
periodic changes, that sign shall not be regarded as temporary.
[Added 7-17-2014 by Ord.
No. 15-14]
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. Guyed towers are
not permitted within the Township. The term includes, but is not limited
to, radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures. The
term also includes the structure and any support thereto.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more common fire-resistant walls.
The Township of Mine Hill in the County of Morris and State
of New Jersey.
The governing body (Township Council) of the Township of
Mine Hill.
The engineer designated by the Township Council as the Township
Engineer.
A report analyzing anticipated roadway conditions with and
without an applicant's development.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The teaching or instruction of academic or business subjects.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
(N.J.S.A. 40:55D-40b, 40:55D-70c, 40:55D-70d) of the Municipal Land
Use Law.
An open area, the natural features of which are visually
significant or geologically or botanologically unique, visible from
highways, waterways, railways, major hiking and biking and equestrian
trails providing vistas over water, across expanses of land or from
mountaintops or ridges.
Permission to depart from the requirements of this chapter
with respect to the submission of required maps or documents. (See
"exception.")
A sign attached to, painted upon or erected against an awning,
canopy, the wall or facade of a building or structure and not extending
more than 12 inches from a building face or facade of the structure.
[Added 7-17-2014 by Ord.
No. 15-14]
Equipment that converts energy from wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
WINDOW SIGN
A sign maintained in or painted upon a window which is clearly
visible from the exterior of a structure through a window.
[Added 7-17-2014 by Ord.
No. 15-14]
An open space extending between the closest point of any
building and the nearest lot line or right-of-way line and which is
unoccupied and unobstructed from the ground upward except as may be
specifically provided in this chapter.
A space extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the nearest point
on the street line and the nearest part of the main building. In the
case of lots abutting a lake, the front yard is measured from the
shore of the lake to the nearest part of the main building.
A space extending across the full width of the lot between
the rear lot line and the building.
That portion of the side yard extending from the nearest
point of the rear of the main building to the rear lot line.
A space extending from the front yard to the rear yard and
lying between a side lot line and the closest point of the building.
The administrative officer designated to administer Part 6, Zoning, of this chapter and issue zoning permits.
Part 6 of this chapter, as amended and supplemented from time to time. The original Zoning Ordinance for the Township of Mine Hill was adopted in May of 1952 and was amended from time to time thereafter.
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 the provisions of the Municipal Zoning Ordinance or variance
therefrom duly authorized by a municipal agency pursuant to Sections
47 and 57 (N.J.S.A. 40:55D-60 and 40:55D-70) of the Municipal Land
Use Law.
