This chapter shall be known and cited as Chapter 11, the "Land Development Ordinance of the Township of Knowlton."
The purposes of this chapter are as follows:
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.
To secure safety from fire, flood, panic and other natural and man-made disasters.
To provide adequate light, air and open space.
To preserve the agricultural character of the township by encouraging diverse types of farming and protecting farmland.
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.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of neighborhoods and preservation of the environment and quality of life.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
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.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
To provide a means of planning for development that is fair and equitable to the property owners, while minimizing the adverse impacts of development.
To encourage planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
To encourage senior citizen community housing construction.
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and of achieving more efficient use of land.
To promote utilization of renewable energy resources.
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 complement municipal recycling programs.
To regulate the location of buildings and establish standards of development; 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.
To prohibit incompatible uses; to prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.
To regulate alterations of existing buildings; 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.
To conserve the value of land and buildings throughout the township.
Within the community's resources, to meet the future housing needs of the citizens of the Township of Knowlton and the region and to assure a full range of housing types to meet all income levels.
To minimize the increase in volume and rate of surface runoff due to development.
To reduce public expenditures for emergency operations, evacuations and restorations.
To prevent damage to transportation and utility systems.
To maintain the useful life of natural and man-made waterways and impoundments by minimizing sedimentation.
To prevent dangers to life and property from excessive water runoff and clogging of drainage structures.
To maintain sufficient flows in streams and rivers for recreation, health and aesthetic purposes.
To prevent hazardous materials, nitrates and pesticides from entering public water supplies and the Paulins Kill, Delaware River and other bodies of water.
To reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
To prevent contamination of the township's aquifers.
To ensure an adequate potable water supply for all development within the township.
Word usage. 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.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- ABUTTING ROAD
- Any existing or proposed road shown on the adopted County or Township Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
- ACCESSORY AGRICULTURAL STRUCTURE
- Any structure on a residential lot located in an FP or AR-1
Zone which is devoted to the growing and harvesting of plant life
or is used for the keeping of nonhousehold animals for the enjoyment
of the residents of the property.[Added 9-12-1994 by Ord. No. 94-8]
- ACCESSORY APARTMENTS
- An accessory apartment is a self-contained residential dwelling
unit with a kitchen, sanitary facilities, sleeping quarters and a
private entrance which is created to be occupied by a low- or a moderate-income
household. The accessory apartment may be created within an existing
dwelling unit, may be created within an existing structure on the
lot or be an addition to an existing home or accessory building.[Added 10-14-1997 by Ord. No. 97-12; amended 7-14-2003 by Ord. No. 03-9]
- ACCESSORY BUILDING, STRUCTURE OR USE
- A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including but not limited to antennas (including parabolic and satellite dish antennas), garages, carports, barns, decks, kennels, sheds, nonportable swimming pools, guesthouses and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building. No accessory building or use shall be used for a business use conducted for profit apart from the main building or use except for home occupations, as permitted by ordinance.
- ACTIVE AGRICULTURAL LAND
- The portion of an agricultural tract in active agricultural use or capable of being used for agricultural purposes.
- ADAPTIVE REUSE
- The process of rehabilitating an existing structure for a permitted principal or accessory use.
- ADMINISTRATIVE OFFICER
- The Secretary of the Planning Board and the Board of Adjustment.
- ADULT BOOK and/or GIFT STORE
- An establishment with a segment or section devoted to the
sale, display or distribution of or an establishment having a significant
portion of its trade and stock in gifts, devices, photographs, pictures,
films, books, magazines and other periodicals which are distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activities or anatomical areas or which:[Amended 4-27-1995 by Ord. No. 95-5]
- (1) Depicts or describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals;
- (2) Lacks serious literary, artistic, political or scientific value; and
- (3) Is a part of work which, to the average person applying contemporary community standards, has a dominant theme, taken as whole, which appeals to the prurient interests.
- ADVERSE DRAINAGE CONDITION
- 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.
- ADVERSE EFFECT
- Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivider's property or any adjacent property such as inadequate drainage rights-of-way, inadequate drainage facilities, insufficient street width or unsuitable street grades as established in the design standard of this chapter, Part V, or locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood or erosion as established in the design standard section of this chapter, Part V.
- AFFORDABLE ACCESSORY APARTMENT
- An affordable accessory apartment shall be a self-contained
residential dwelling unit with a kitchen, sanitary facilities, sleeping
quarters and a private entrance which is created to be occupied by
a low- or moderate-income household in accordance with the applicable
provisions of the substantive rules of the New Jersey Council on Affordable
Housing (COAH) at N.J.A.C. 5:93-1 et seq. The affordable accessory
apartment may be created within an existing dwelling unit, may be
created within an existing structure on the lot or be an addition
to an existing home or accessory building.[Added 7-14-2003 by Ord. No. 03-9]
- AGRICULTURAL TOURISM
- The conducting of agricultural-related educational tours
and instruction on farms, as farms are defined in this chapter. An
agricultural-education meeting facility and gift shop selling agricultural-related
merchandise are permitted accessory uses.[Added 4-23-1998 by Ord. No. 98-3]
- The production, keeping or maintenance for sale, boarding,
lease or personal use of plants and animals useful to people, 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.[Amended 4-23-1998 by Ord. No. 98-3]
- AGRICULTURE, RESIDENTIAL
- The growing and harvesting of plant life and the keeping
of nonhousehold animals for the enjoyment of the residents on the
property and not for commercial purposes.[Amended 2-7-2011 by Ord. No. 11-05]
- A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
- AMENDED APPLICATION
- A minor revision to a previously approved or pending application.[Amended 4-27-1995 by Ord. No. 95-5]
- ANIMAL HOSPITAL
- A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be accessory and incidental to such hospital use.
- ANIMAL KENNEL
- Any building, structure or premises in which five or more small animals are kept, boarded, bred or trained for commercial gain.
- Any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals.
- See "dwelling, multifamily."
- A person or entity submitting an application for development. This definition is interchangeable with the definition of developer.
- 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 N.J.S.A. 40:55D-34 and 40:55D-36 of the Municipal Land Use Law.
- The date the approving authorities shall act on an application for development or, if the action is conditional, the date when the conditions are satisfied. For purposes of this definition, action shall not be the date of memorialization as defined in N.J.S.A. 40:55D-10g.
- APPROVED PLAN
- A plan which has been granted approval of the Planning Board or Board of Adjustment of the Township of Knowlton.
- APPROVING AUTHORITY or APPROVING BOARD
- The Knowlton Township Planning Board unless Zoning Board of Adjustment approval is required by this chapter.
- ART GALLERY
- A room or series of rooms for the exhibition of works of
art.[Added 4-23-1998 by Ord. No. 98-3]
- AUTOMOBILE SERVICE STATION
- Lands and buildings where motor fuel, lubricants and miscellaneous accessories for motor vehicles other than tractor trailers are sold and dispensed and where services are rendered for engine and mechanical repairs, but where no vehicular painting and/or body work is conducted and where no junked or unregistered motor vehicles are kept or stored.
- A space having 1/2 or more but not all 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 6 1/2 feet. A basement shall be counted as a story if used for business, industrial, office or residential purposes.
- BED-AND-BREAKFAST HOMESTAY
- A residential home where the owner or operator of the bed-and-breakfast
lives on the premises, rents no more than four rooms to not more than
12 persons and provides breakfast only to registered overnight guests.
Guests are limited to a stay of no more than 14 consecutive days in
a thirty-day period.[Added 4-23-1998 by Ord. No. 98-3]
- 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 Knowlton Planning Board and the Knowlton Zoning Board of Adjustment.
- A structure having a clear span of more than 20 feet designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.
- An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view, sound, lights or other nuisances from one site to adjacent sites or properties.
- A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof. See "accessory building."
- BUILDING, PRINCIPAL
- A building in which is conducted the principal use of the site on which it is situated.
- BUILDING COVERAGE
- The area occupied by all buildings on a lot measured on a horizontal plane around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
- BUILDING ENVELOPE
- The portion of any lot area which is exclusive of required
front, side and rear yard setbacks, freshwater wetlands, required
freshwater wetland transition areas, existing and/or proposed easements,
stormwater detention/retention basins, areas with slopes having grades
of 25% or greater, flood hazard areas, hilltops or state open waters,
as those terms are defined in either this chapter, in the Freshwater
Wetlands Protection Act, N.J.S.A. 13:913.1 et seq., or in the Freshwater
Wetlands Protection Act Rules promulgated by the New Jersey Department
of Environmental Protection, N.J.A.C. 7:7A-1.1 et seq. At least 75%
of lot area eligible to be the building envelope must be contiguous.[Added 12-22-2005 by Ord. No. 05-22]
- BUILDING HEIGHT
- The vertical distance from the average finished grade at the four corners of the building to the highest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, antennas, air-conditioning equipment and similar projections; provided, however, that such projections shall not cover more than 10% of the roof area and shall be shielded by a parapet wall.
- BUSINESS OFFICES
- Offices for the use of agencies or organizations involved
with such businesses as insurance, surveying, travel and the like,
each business requiring on-site parking spaces in accordance with
regulations depending upon available floor space.[Added 4-23-1998 by Ord. No. 98-3]
- BUSINESS SERVICES
- Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing, building maintenance, employment services, management
and consulting services, protective services, equipment rental and
leasing, commercial research, development and testing, photo finishing
and personal supply services.[Added 4-23-1998 by Ord. No. 98-3]
- A privately owned commercial facility providing temporary
overnight accommodations for guests in tents, recreational vehicles,
recreational trailers and camping cabins; the camping cabins shall
not be equipped with cooking or bathroom facilities. Permitted accessory
uses and structures to a campground include those customarily associated
with campgrounds and which are used primarily by campground guests,
such as a general store, laundry, game room, shower and toilet facilities,
sale of propane, swimming pool, playground equipment, ball courts
and fields, horseshoe pits, farm animals and other outdoor recreational
facilities which are not detrimental to the quiet enjoyment of neighboring
lands. Specifically excluded are amusement park activities, such as
ferris wheels, roller coasters or any stationary motor-driven rides
or amusements.[Added 3-27-1999 by Ord. No. 99-2]
- A defined plot of land in a campground where temporary eating
and sleeping facilities may be set up with tents, cabins, or recreational
vehicles, for the exclusive occupation by a camping unit or units,
and where appropriate sanitary facilities are available or nearby.[Added 3-27-1999 by Ord. No. 99-2]
- CAPITAL IMPROVEMENT
- A governmental construction project or acquisition of equipment or real property.
- CARBONATE ROCK
- Carbonate rock is a sedimentary rock composed of more than
50% by weight of carbonate materials, such as limestone and dolomite.[Added 10-15-1996 by Ord. No. 96-16]
- CAR DEALER, NEW
- An establishment primarily engaged in the factory authorized retail sale of new cars; permitted accessory uses are the maintenance of a service and repair shop, the retail sale of used cars, car parts and accessories and the sale of used, new and unused light vehicles of no more than 8,000 pounds other than cars.
- CAR DEALER, USED
- An establishment solely engaged in the sale of used cars.
- A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
- The hard or paved surface portion of a street customarily used by vehicles in their regular course of travel. Where there are curbs, the cartway includes the curbs and that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved and/or graded width.
- A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with floor-to-ceiling height of less than 6 1/2 feet. A cellar will not be counted as a story.
- CELLULAR ANTENNA
- An antenna used for the wireless transmission and/or reception
of wave frequencies for the purposes of telephone, radio, paging and/or
television communication. This definition does not include antennas
manufactured and intended for personal or individual use, such as
antennas affixed to motor vehicles. Cellular antennas are not to be
construed or defined as "essential services." A cellular antenna is
not a primary use, and thus may be erected on other buildings or structures
in accordance with the provisions of this chapter.[Added 6-14-1999 by Ord. No. 99-4; amended 9-11-2000 by Ord. No. 00-12]
- CELLULAR TOWER
- A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.[Added 9-11-2000 by Ord. No. 00-12]
- 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.
- A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
- CHILD-CARE CENTER
- An establishment providing for the care, supervision and
protection of children licensed by the New Jersey Department of Human
Services pursuant to N.J.S.A. 30:5B-1 et seq. For purposes of this
chapter, any building or structure used as a "child-care center" shall
be excluded in calculating:[Added 4-27-1995 by Ord. No. 95-5]
- 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.
- See "residential cluster."
- COMMON AREAS
- A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use or enjoyment of the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
- COMMON DRIVEWAYS
- Any driveway or portion thereof serving more than one dwelling unit.
- COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
- Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hotels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136, N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
- COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
- Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
- COMPLETE APPLICATION
- An application form completed as specified by this chapter and the rules and regulations of the Boards and all accompanying documents required for approval of the application for development. An application shall become "complete" only upon being deemed so by the approving authority.
- CONDITIONAL USE
- A use not permitted in a particular zoning district unless it is shown 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.
- CONSERVATION EASEMENT
- An easement precluding future or additional development of the land.
- COUNTRY INN
- A facility where the owner or operator of the inn lives on
the premises, rents no more than 15 rooms to no more than 40 persons
and provides meals. Guests are limited to a stay of no more than 14
consecutive days in a thirty-day period.[Added 4-23-1998 by Ord. No. 98-3]
- COUNTY MASTER PLAN
- A composite of the plan elements for the physical development of Warren 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.
- COUNTY PLANNING BOARD
- The Warren County Planning Board.
- CRITICAL AREA
- Sensitive natural lands and waters which, when altered, would lead to the degradation of lands or water quality, such as frequently flooded soils, water retention soils, potential prime aquifer recharge area, slopes in excess of 15%, floodplains, wetlands and stream corridors.
- Any open, unoccupied area which is bounded by three or more building walls.
- A dead-end street or roadway with a turnaround at one end.
- A structure with a clear span of 20 feet or less under a driveway, road, railroad or pedestrian walk, not incorporated in a closed system.
- 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.
- DEAD-END STREET
- A street or portion of a street which is accessible by a single means of ingress or egress.
- DEDICATION FOR STREET PURPOSES
- 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 said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
- DESIGN REVIEW
- A mandatory review for major applications in the FP Zone prior to the submission of a preliminary application to the Planning Board.
- DETENTION BASIN
- A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually, at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
- The legal or beneficial owner or owners of a lot or of any land to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land. See "applicant."
- 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; any mining, excavation, landfill or land disturbance or any use or extension of use of land, for which permission may be required pursuant to this chapter.
- DEVELOPMENTALLY DISABLED PERSON
- A person who is developmentally disabled, as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
- DEVELOPMENT CLUSTER
- See "residential cluster."
- DEVELOPMENT, CONVENTIONAL
- Development other than planned development or cluster development.
- DEVELOPMENT, PLANNED
- See "planned development."
- DEVELOPMENT REGULATION
- 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.
- DISPLAY AREAS
- Areas in which merchandise being sold in a commercial establishment
can be placed outside of the building for viewing.[Added 2-8-2002 by Ord. No. 02-3]
- The removal of vegetation with an average diameter of four
inches or more for soil disturbance to a depth exceeding one foot.[Added 4-27-1995 by Ord. No. 95-5; amended 10-26-1995 by Ord. No. 95-10]
- DIVERSION CHANNEL
- A channel constructed across or at the bottom of a slope.
- 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.
- DRIVE-IN RESTAURANT
- 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 the same takes place or is designed
to take place outside the confines of the building in a motor vehicle
or on the site and where facilities are available for persons in vehicles
to purchase food while remaining in their vehicles as they drive through
the premises.[Amended 6-12-2000 by Ord. No. 00-10]
- DRIVE-IN USE
- 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.
- DUDE RANCH
- An agricultural facility consisting of at least 100 contiguous
acres with overnight and eating facilities for no more than 20 guests,
where horses are kept on the premises and the primary activity is
recreational horseback riding and, to a lesser extent, nature walking.
Guests are limited to a stay of no more than 14 consecutive days in
a thirty-day period.[Added 4-23-1998 by Ord. No. 98-3]
- DWELLING, ATTACHED
- A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
- DWELLING, DETACHED
- A dwelling which is not attached to any other dwelling.
- DWELLING, MULTIFAMILY
- A building occupied or intended for occupancy as separate living quarters for more than two families or more than two households with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Certain features of a multifamily dwelling may be provided in common, including heating facilities, electric and gas service, off-street parking, yards and open space. Multifamily dwellings may include buildings in cooperation or leasehold ownership or in condominium ownership.
- DWELLING, ONE-FAMILY
- A building occupied or intended for occupancy exclusively for one family or one household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.
- DWELLING, SEMIDETACHED
- A one-family dwelling attached to one other one-family dwelling by a common vertical wall.
- DWELLING, TWO-FAMILY
- A building occupied or intended for occupancy as separate living quarters for no more than two families or two households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which are separated from each other by vertical walls or horizontal floors.
- DWELLING UNIT
- One or more rooms, occupied or intended for occupancy as separate living quarters by one family or household, provided that access by no less than two means is provided from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
- ECHO HOUSING
- Warren County government-owned subsidized detached living
quarters accessory to a primary residence, which will not require
separate utilities, such as water and sewer. ECHO housing is an acronym
for elder cottage housing opportunity.[Added 8-14-1995 by Ord. No. 95-15]
- An artificial structure, usually of earth or gravel, constructed above the natural ground surface and designed to hold back water from overflowing a level tract of land, to retain water in a reservoir or a stream in its bed or to carry a roadway or railroad, e.g., a dike, a seawall and a fill.
- ENVIRONMENTAL COMMISSION
- A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
- ENVIRONMENTAL IMPACT STATEMENT
- A detailed analysis of the environmental consequences of a proposed development, written in accordance with provisions of this chapter.
- EQUESTRIAN CENTER
- An agricultural facility for the boarding, training, breeding,
lease and sale of horses, mules or hybrids thereof, where riding lessons
may be conducted. A tack shop and snack stand are permitted accessory
uses.[Added 4-23-1998 by Ord. No. 98-3]
- The detachment, movement or wearing away of land surface, soil or rock by water, wind, ice or gravity.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, or privately if approved by a municipal agency as part of a development plan approval, of underground gas, oil, electrical, telephone, steam, water or sewage transmission lines or systems, including water towers and underground and/or surface equipment, including but not limited to poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants with other similar equipment and accessories therewith, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located in furtherance of the public health, safety or general welfare. Essential services shall also include fire houses or stations and first aid and emergency aid squad stations and package sewage treatment plants located off-tract of a development approved by a municipal agency. Requirements for underground utilities shall be subject to requirements for underground utilities of the Public Utility Commission as well as other municipal ordinances, where appropriate.
- Removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be an excavation.
- Any number of persons maintaining a nonprofit household. A family shall include foster children placed with a family 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. (See also "household.")
- FAMILY DAY-CARE CENTER OR HOME
- Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child-care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child-care
services:[Added 4-27-1995 by Ord. No. 95-5]
- An area of land which is actively devoted to agricultural
or horticultural or dairy or other domestic animal 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 and
54:4-23.11.[Amended 4-23-1998 by Ord. No. 98-3]
- FARM CONSERVATION PLAN
- A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use, to prevent further deterioration of soil and water resources.
- FARM STAND
- A building, structure or vehicle located on a farm for the
purpose of selling products of that farm. Where other goods are offered
for sale other than the products of the farm on which it is located,
not more than 50% of the area of the farm stand, or an area equivalent
to the space utilized by the products of the farm, whichever is less,
shall be allocated to the sale of such products. A seasonal farm stand
is a structure or vehicle not fixed to the ground and shall be in
use only during the normal growing season. A permanent farm stand
is fixed to the ground and shall occupy a space of not more than 700
square feet.[Amended 12-8-1997 by Ord. No. 97-13]
- FARM STRUCTURE
- Any structure on a farm which is actively devoted to agricultural,
horticultural or dairy use.[Added 9-12-1994 by Ord. No. 94-8]
- FAST-FOOD RESTAURANT
- An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off premises; no provision is made for persons in vehicles
to purchase food from within their vehicles as they drive through
the premises.[Amended 6-12-2000 by Ord. No. 00-10]
- Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons. See "embankment."
- FINAL APPROVAL
- The official action of the Planning Board or Board of Adjustment taken on a development plan which has been given minor or preliminary approval and after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
- FLAG LOT
- See "lot, flag."
- FLOOD DAMAGE POTENTIAL
- 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.
- FLOOD or FLOODING
- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.
- FLOOD-FRINGE AREA
- 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.[Amended 2-8-2002 by Ord. No. 02-3]
- FLOOD HAZARD AREA
- The floodplain, consisting of the floodway and the flood-fringe area.
- FLOOD HAZARD DESIGN ELEVATION
- As established in Part VIII, Floodplain Regulations.
- The same as the "flood hazard area."
- The portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater and flood flow of any natural stream.
- FLOOR AREA
- The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include areas devoted to mechanical equipment (as defined in the State Uniform Construction Code) serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles and to any space where floor-to-ceiling height shall be less than seven feet.
- FLOOR AREA RATIO
- The ratio of the gross floor area of all buildings on a lot to the lot area.
- FLY ASH
- Particles of gas-borne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.
- FRESHWATER WETLANDS
- An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; provided, however, that in designating a wetland, the three-parameter approach (i.e., hydrology, soils and vegetation) enumerated in the April 1, 1987, interim-final draft Wetland Identification and Delineation Manual developed by the United States Environmental Protection Agency, and any subsequent amendments thereto, shall be used.
- A building or structure used for the storage of one or more vehicles. If it is maintained for the resident occupant of the premises and no service is rendered to the public or any business conducted therein, it is a "private garage." Any garage other than a private garage is a "public garage."
- To be stored or parked entirely within the perimeter walls of a garage, with the doors closed except for purposes of ingress and egress.
- GARDEN APARTMENT
- Included in "dwelling, multifamily."
- GENERAL DEVELOPMENT PLAN
- A comprehensive plan for the development of a planned development
as provided in N.J.S.A. 40:55D-45.2.[Amended 4-27-1995 by Ord. No. 95-5]
- GOLF COURSE
- A facility where the game of golf is played. A clubhouse,
pro shop, restaurant, bathroom facilities, tennis courts, swimming
pool, gym, practice range and maintenance and storage facilities are
permitted accessory structures to a golf course. Miniature golf and
driving ranges are not golf courses.[Added 6-14-1999 by Ord. No. 99-5]
- GOVERNING BODY
- The Township Committee of the Township of Knowlton.
- GOVERNMENT AGENCY
- 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.
- A degree of inclination, or a rate of ascent or descent, with respect to the horizontal.
- GRADE, EXISTING
- Grade prior to excavating or filling.
- GRADE, FINISHED
- The final grade or elevation of the ground surface conforming to the proposed design.
- Any stripping, culling, filling or stockpiling, or any combination thereof, including the land in its cut or filled condition.
- GRADING PERMIT
- A permit issued to authorize work to be performed under this chapter.
- GROSS BUILDING AREA
- The gross building floor area of the buildings on the property.
The gross building area shall include all enclosed floor areas on
all floors for residences, accessory buildings or garages. The gross
building area shall not include open porches, unfinished attics, basements,
decks or patios.[Added 5-12-2008 by Ord. No. 08-02a]
- Same as "rooming house."
- HABITABLE ROOM
- Any room in a dwelling unit other than a kitchen or bathroom.
- HAZARDOUS MATERIAL
- Material which is a present or potential hazard to human health or the environment when improperly stored, transported or disposed of or otherwise managed, including, without exception, all residual oil, hydrocarbon products, including but not limited to gasoline, oil, fuel or diesel oil, and also any other toxic, caustic or corrosive chemicals, radioactive materials or other substance listed in Title 40 of the Code of Federal Regulations.
- HEIGHT, BUILDING
- The vertical distance from the average finished grade at the four corners of the building to the highest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, antennas, air-conditioning equipment and similar projections; provided, however, that such projections shall not cover more than 10% of the roof area and shall be shielded by a parapet wall.
- The top of the highest level of an undulating land feature,
from which the surface slopes downward in opposite directions. Hillcrests
regulated by this chapter are specifically identified on the Knowlton
Township Hillcrest Map which appears in this volume as Appendix 5,
Figure 1.[Amended 6-12-2000 by Ord. No. 00-10]
- HISTORIC SITE
- Any building, structure, area or property that has been designated to be significant in the history, architecture, archaeology or culture of this state, its communities or the nation pursuant to the New Jersey Municipal Land Use Law.
- HISTORIC TOURISM
- The conducting of history-related educational tours of historic
properties, districts and structures listed in the national, state
or local historic register. A gift shop and tea room selling merchandise
related to the history of the site are permitted accessory uses.[Added 4-23-1998 by Ord. No. 98-3]
- HOME OCCUPATION
- A business conducted in or from a single-family dwelling
unit and/or its permitted accessory buildings or structures, which
business is clearly subordinate and ancillary to the principal single-family
residential use of the property. A minor site plan approval shall
be required prior to the establishment of a home occupation. Excluded
from this definition are home offices Real estate uses are not permitted.
Family day care centers are permitted.[Amended 4-23-1998 by Ord. No. 98-3]
- HOME OFFICE
- The use of a portion of a dwelling as an office area for
use only by members of the household residing on the premises and
subject to specific regulations.[Added 4-23-1998 by Ord. No. 98-3]
- HOMEOWNERS' ASSOCIATION
- An incorporated, nonprofit organization operating in the development under recorded land agreements through which each lot or unit owner shall be a member; each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the township; and each owner and tenant has a right to use the common property. The specifics of the homeowners' association obligation shall be subject to subdivision or site plan review.
- HOTEL and MOTEL
- A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residents.
- A family living together in a single dwelling unit with common access and common use of all living and eating areas and all areas and facilities for the storage and preparation of food in a dwelling unit.
- IMPERVIOUS COVER
- As applied to all surfaces, that portion of the premises
covered by material that prevents absorption of stormwater into the
ground, such as buildings (principal and accessory) and other improvements,
including paved driveways, paved parking lots, pools, tennis courts,
patios, porches, walkways and the like.[Added 4-23-1998 by Ord. No. 98-3]
- INFORMAL REVIEW
- An optional opportunity for an applicant to describe a proposed development to the Planning Board before presentation of a formal application for the development, in an effort to obtain the general views and advice of the Board regarding the proposed development. Neither the Planning Board nor the applicant shall be bound by the concept plan or the review, and no commitments shall be made by either party as to any future action on an application. Informal reviews are not permitted for variance applications.
- LANDMARK TREE
- A tree that has special significance because one or more
of the following criteria apply rare species, old acre, size, location,
association with an historical event or person, scenic enhancement
or unique characteristics.[Added 6-14-2006 by Ord. No. 04-6]
- An open space design principle whereby large open space areas are connected via appropriate linear open space. Stream corridors and ridge lines are among areas which may be used to provide linkage.
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- LOT AREA
- The computed area contained within the lot lines, but not including any street rights-of-way.
- LOT AVERAGING
- The mechanism whereby individual lots in a tract may be reduced
in size, provided that the total number of lots in the tract conforms
to the zoning in the area.[Added 2-8-2002 by Ord. No. 02-3]
- LOT, CORNER
- A lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135°. Each "corner lot" shall have two front yards, one side yard and one rear yard, the side and rear yards to be designated at the time of application.
- LOT COVERAGE
- 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.")
- LOT COVERAGE, IMPROVED
- That portion of one or more than one lot which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface.
- LOT DEPTH
- The average of the horizontal distances between the front lot line and the rear lot line, or extension thereof, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line.
- LOT DISTURBANCE
- All areas disturbed for the purpose of the construction of buildings and structures or for other purposes on an individual lot. This total shall include all disturbance, including but not limited to building and structure areas, septic systems, wells, lawns, driveways, areas of tree removal, excavating, grading and filling.
- LOT, FLAG
- A lot not fronting on or abutting a public road and where access to the public road is by a narrow private right-of-way.
- LOT FRONTAGE
- The length of the front lot line.
- LOT, INTERIOR
- A parcel of land other than a corner lot.
- LOT LINE
- A line of record bounding a lot.
- LOT LINE ADJUSTMENT
- A subdivision involving the relocation of a lot line between two lots which shall be conforming after the adjustment. No new lots are to be created. Plat standards for a minor subdivision shall apply, and the lot line adjustment shall not be counted for computation of lots.
- LOT LINE, FRONT
- The lot line separating a lot from a street right-of-way.
- LOT LINE, REAR
- The lot line opposite the front lot line or lines, or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to or at a maximum distance from the front lot line.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line.
- LOT, THROUGH
- An interior lot which extends from one street to another.
- LOT, WATERFRONT
- Any lot adjoining a waterway.
- LOT WIDTH
- The shortest straight-line distance between the two sidelines
of any lot. If a lot does not have parallel sidelines, the lot width
shall be the average of such straight-line width distances, taken
at ten-foot intervals and parallel to the front lot line throughout
the depth of the lot.[Amended 2-8-2002 by Ord. No. 02-3; 12-22-2005 by Ord. No. 05-22]
- MAINTENANCE GUARANTY
- Any security, including but not limited to surety bonds, letters of credit under the circumstances specified by statute and cash.
- MAJOR SITE PLAN
- Any site plan not classified as a minor site plan.
- MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
- 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 6-11-2012 by Ord. No. 12-04]
- MAJOR SUBDIVISION
- A subdivision not classified as a minor subdivision.
- MANUFACTURED HOME
- A unit of housing which consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site; is built on a permanent chassis; is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and is manufactured in accordance with the standards promulgated before a manufactured home by the Secretary pursuant to the National Manufacturing Housing Construction and Safety Standards Act of 1974, as amended, and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the State Uniform Construction Code Act, as amended.
- The concentration of open space or deed-restricted agricultural land in large contiguous tracts in appropriate areas.
- MASTER PLAN
- 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 of Knowlton.
- MENTALLY ILL PERSON
- A person who is afflicted with a mental illness, as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
- MINOR SITE PLAN
- A development plan for less than 1,000 square feet of floor
area and/or less than 5,000 square feet of impervious surface, provided
that such site plan, within a three-year period:[Amended 10-26-1995 by Ord. No. 95-10; 2-8-2002 by Ord. No. 02-3]
- (1) Does not involve planned development, any new street or extension of any off-street improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
- (2) Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
- MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
- A fuel cell, solar or photovoltaic panel or system of panels
for the production of energy that:[Added 6-11-2012 by Ord. No. 12-04]
- (1) Conditions:
- (a) Uses solar energy as its fuel;
- (b) Is located on the power beneficiary's premises;
- (c) Is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site; and
- (d) Is secondary to the beneficiary's use of the premises for other lawful purpose(s); or,
- (2) Is intended to mitigate electrical system improvement requirements; and
- (3) Is designed to generate not more than 110% of the power consumed by the beneficiary's premises, which shall be documented through the submission of power company electricity usage bills or another form of documentation acceptable for the Knowlton Township Zoning Officer.
- MINOR SUBDIVISION
- Any subdivision of land that:[Amended 9-12-1994 by Ord. No. 94-7; 4-27-1995 by Ord. No. 95-5]
- (1) Does not create more than three new lots plus a remaining parcel within a seven-year period.[Amended 5-14-2007 by Ord. No. 07-07]
- (2) Creates new lots all of which front on an existing street, except in developments in accordance with the FPZ provisions.
- (3) Is not in a planned development.
- (4) Does not involve any new street or the extension of township facilities.
- (5) Does not involve the extension of any off-tract improvements, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
- The application of suitable materials on the soil surface to conserve moisture, to hold soil in place and to aid in establishing plant cover.
- MULTI-USE DEVELOPMENTS
- A development devoted to more than one use, such as gas stations
which also include a restaurant or a convenience store, truck fueling
facilities, shopping centers, hotels, industrial parks, planned developments,
multitenanted structures, multistructure uses and the like.[Added 6-12-2000 by Ord. No. 00-10]
- The Township of Knowlton.
- MUNICIPAL LAND USE LAW
- N.J.S.A. 40:55D-1 through N.J.S.A. 40:55D-92, as amended.
- A building or part of a building in which are exhibited objects
of permanent interest in one or more of the arts and sciences.[Added 4-23-1998 by Ord. No. 98-3]
- NATURAL GROUND SURFACE
- The ground surface in its original state before any grading, excavation or filling.
- NEIGHBORHOOD SALES AND SERVICES
- Retail sales and service establishments which service community needs.
- NEW CONSTRUCTION
- Structures for which the start of construction commenced on or after the effective date of this chapter.
- NONCONFORMING BUILDING
- A building which does not conform to one or more of the regulations of this chapter for the zone in which it is located.
- NONCONFORMING LOT
- A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING STRUCTURE
- A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING USE
- A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
- NONPERMANENT RECREATIONAL FACILITIES
- Outdoor sports and leisure equipment that does not have a
foundation and can be moved or removed without causing damage to the
equipment or excessive disturbance to the land. For the purpose of
this chapter, nonpermanent recreational facilities shall refer to
those facilities permitted as accessory uses to a campground, such
as but not limited to ball fields and courts, horseshoe pits, swing
sets, climbing gyms and other movable playground and sports equipment.[Added 3-27-1999 by Ord. No. 99-2]
- NUISANCE ELEMENT
- Any smoke, solid particles or fly ash, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
- NURSERY SCHOOL
- A facility designed to provide daytime care or instruction for five or more children from two to five years of age, inclusive, and operated on a regular basis, licensed by the State Department of Human Services; also child-care center.
- NURSING HOME
- A building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards of and licensed by the State of New Jersey to operate as a nursing home.
- Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger of life or property.
- OFFICIAL COUNTY MAP
- The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders to the County of Warren pursuant to N.J.S.A. 40:27-5.
- OFFICIAL MAP
- A map adopted in accordance with the Municipal Land Use Law, or any prior act authorizing such adoption, which map shall be deemed conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
- OFFICIAL SOIL MAP
- The individual map sheets that are part of the Warren County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Warren County Soil Conservation District.
- OFFICIAL SOILS INTERPRETATION
- The interpretations of the soils described in the Warren Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Warren County Soil Conservation District.
- 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.
- OPEN SPACE
- 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 area 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.")
- OPEN SPACE, COMMON
- 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.
- OPEN SPACE, GREEN
- An area not occupied by structures or impervious surfaces.
- OPEN SPACE, PUBLIC
- An open space area conveyed or otherwise dedicated to the township or a township agency, board of education, state or county agency or other public body for recreational and conservational uses.
- OUTDOOR STORAGE
- The keeping, in an enclosed area, of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.[Amended 9-11-2000 by Ord. No. 00-12; 2-8-2002 by Ord. No. 02-3]
- An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
- PARKING AREA, PRIVATE
- Any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
- PARKING AREA, PUBLIC
- Any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public with or without compensation or as an accommodation for clients, customers and employees.
- PARKING FACILITY
- Any public or private parking area or garage.
- PARTY IMMEDIATELY CONCERNED
- 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 or the Municipal Land Use Law, as amended.
- PASTORAL ANIMALS
- Such grazing livestock to be that normally considered farm
animals, not to include household pets, fowl or rabbits.[Added 2-7-2011 by Ord. No. 11-05]
- PERCOLATION TEST
- A test designed to determine the ability of ground to absorb water.
- PERFORMANCE GUARANTY
- Any security which may be accepted by a municipality, including but not limited to security bonds, letters of credit under the circumstances specified by statute and cash.
- A certificate issued to perform work under this chapter.
- PERMITTED USE
- 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.
- PILOT PLANT
- An establishment used to test out concepts and ideas and to determine physical layouts, material flows, types of equipment required and costs and to secure other information prior to full-scale production.
- PLANNED COMMERCIAL DEVELOPMENT
- An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and other uses incidental to the predominant use as may be permitted by this chapter.
- PLANNED DEVELOPMENT
- Any development which is a planned unit development, planned unit residential development, residential cluster or planned commercial development.
- PLANNING BOARD
- The Planning Board of the Township of Knowlton.
- A map or maps of a subdivision or site plan.
- PLAT, CONCEPT
- The sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
- PLAT, FINAL
- 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.
- PLAT, PRELIMINARY
- The preliminary map 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.
- PRELIMINARY APPROVAL
- 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.
- PRELIMINARY FLOOR PLANS AND ELEVATIONS
- Architectural drawing 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.
- PRIME SOIL
- A soil identified as Class 1, 2 or 3 in the Knowlton Township Master Plan (April 1991).
- PROFESSIONAL ENGINEER
- An engineer duly licensed by the State of New Jersey.
- PROFESSIONAL OFFICES
- Offices or studios for the use of the practitioners of recognized
professions, such as medical doctors, dentists, optometrists, chiropractors,
accountants, opticians, lawyers, engineers, architects, geologists
and similar professional occupations. On-site parking shall be required
for each office, dependent on the amount of floor space provided.[Added 4-23-1998 by Ord. No. 98-3]
- PROFESSIONAL REVIEWS
- An optional review by the Approving Board's professional consultants prior to an applicant's submission of a formal application. This is an opportunity for an applicant to request site inspection by the Planning Board's professional consultants before coming to the Planning Board.
- PROHIBITED USE
- A use which is not permitted in a zone district.
- PROTECTED FARMLAND
- Land protected against non-farm development by means of a
deed restriction.[Amended 2-8-2002 by Ord. No. 02-3]
- PUBLIC AREA
- Existing or proposed public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and schools and other public buildings and structures.
- PUBLIC DEVELOPMENT PROPOSAL
- A Master Plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
- PUBLIC DRAINAGEWAY
- The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
- PUBLIC GARAGE
- A building or structure used for the repair of motor vehicles, installation of equipment, sale of accessories and/or storage of four or more vehicles.
- The majority of the full authorized membership of the Board.
- RAINFALL, EXCESS
- The portion of rainfall which becomes direct surface runoff.
- RECREATIONAL VEHICLE
- A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
- RECREATION FACILITIES, COMMERCIAL
- Facilities operated as a business and open to the public for a fee.
- RECREATION FACILITIES, PRIVATE
- Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
- RECREATION FACILITIES, PUBLIC
- Facilities operated by the township, county or other governmental agency.
- RECREATION FACILITY
- A place where sports, leisure time activities and customary and usual recreational activities such as set forth in Major Group No. 79 of the Standard Industrial Classification Manual is carried out.
- RECREATION USE, PERSONAL
- 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.
- RESIDENTIAL CLUSTER
- An area to be developed as a single entity according to a
plan containing residential housing units, which has a common or public
open space or an area of preserved and protected farmland as an appurtenance.
Common open space and/or protected farmland is an essential feature
of a residential cluster.[Amended 2-8-2002 by Ord. No. 02-3]
- RESIDENTIAL DENSITY
- The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
- An establishment in which food or drink is prepared, served and consumed within the principal building.
- 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. Lot line adjustments shall not be deemed to create additional lots for purpose of classification as a minor or major subdivision.
- RETAIL SALES
- Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods excluding sales and
service of motorized vehicles of any kind.[Amended 4-23-1998 by Ord. No. 98-3]
- RETAIL SERVICE
- Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal and business services, motion pictures, amusement and recreational services, miscellaneous repair services, educational, health and social services, museums, art galleries and miscellaneous services.
- RETENTION BASIN
- A pond, pool or basin used for the permanent storage of water runoff.
- A legally recordable instrument granting to the developer the right to discharge collected water upon lands exterior to the development.
- The total width of property occupied by a street, watercourse, utility path or other way and within which all improvements and rights of access are confined.
- ROAD, CLASS II
- Private roads intended for use in large-lot residential developments and which the township is not obligated to maintain.
- A person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration.
- ROOMING HOUSE
- Any dwelling or part thereof in which space is let by the owner or operator to more than three persons who are not members of the family; same as "boardinghouse."
- A structure or planting consisting of fencing, berms and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
- The person selected by the Planning Board or Board of Adjustment to act as Secretary to carry out specific duties as directed by the Planning Board, including the acceptance of applications of development.
- Any solid material that has settled down from a state of suspension and has been moved by water, ice, wind, gravity or other means.
- The transportation and deposition of sediment.
- SEDIMENT BASIN
- An area created by a barrier or dam built across a waterway or at other suitable locations to retain sediment.
- SEDIMENT POOL
- The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
- The distance between the street right-of-way line or property line and the front, side or rear line of a building or any projection thereof, except for uncovered stairs.
- SETBACK LINE
- The line that is the required minimum distance from any lot
line, and which establishes the area within which the principal structure
must be located or placed.[Added 2-8-2002 by Ord. No. 02-3]
- SHOPPING CENTER
- Two or more retail commercial establishments located in one building or structure designated as a planned commercial development, as defined herein.
- SIGHT TRIANGLE
- 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.
- (1) A name, identification, description, display or illustration 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 or any official traffic control device and shall not include the flag, emblem or insignia of a nation, state, county, municipality or religious group. 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."
- (2) In signs with more than one panel, the area of the sign shall be calculated by measuring the area of the smallest plane figure enclosing the entire exterior of the sign, which shall include all components of the sign.[Added 6-12-2000 by Ord. No. 00-10]
- SIGN, ADVERTISING
- A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered elsewhere than on the premises where the sign is located.
- SIGN, BUSINESS
- A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered upon the premises where such sign is located or to which it is affixed.
- SIGN, FLASHING
- A sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.
- SIGN, GROSS ADVERTISING AREA
- The entire space within a single continuous perimeter enclosing the extreme limits of a sign.
- SIGN, STREET
- A sign designating the name of the street.
- SILTATION (DETENTION OR RETENTION) BASIN
- A temporary or permanent facility designed in accordance with standards of the applicable federal, state, county or municipal agencies to collect silt and eroded soil from the area of a development and/or to retain stormwater runoff.
- SINGLE OWNERSHIP
- Ownership by one or more persons in any form of ownership of a lot not adjacent to a lot or lots partially or entirely in the same ownership.
- Any plot or parcel of land or combination of contiguous lots or parcels of land.
- SITE PLAN
- A development plan of one or more lots on which is shown:
- (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
- (2) 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
- (3) Any other information that may be reasonably required in order that an informed determination may be made by the Boards pursuant to this chapter.
- Degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
- Solid residue and associated liquid resulting from physical,
chemical or biological treatment of wastewater. Sludge includes, but
is not limited to, sewage sludge and industrial/commercial wastewater
sludge.[Added 8-11-1997 by Ord. No. 97-9]
- SLUDGE-DERIVED MATERIAL
- Any solid or liquid material which contains sludge or sludge
materials in any amount whatsoever as an additive or bulking agent
or for any other purpose. Sludge-derived materials may be, but are
not limited to, sludge added to lime, liming agents or cements or
kiln dusts, sludge added to wood chips, sludge added to leaf compost
or any composted materials and soil materials or sludge added to any
other product in any amount.[Added 8-11-1997 by Ord. No. 97-9]
- All unconsolidated mineral and organic material of natural origin that overlies bedrock and which can be readily excavated.
- SOIL CONSERVATION DISTRICT
- The governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
- SOIL EROSION AND SEDIMENT CONTROL PLAN
- 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 Warren Soil Conservation District.
- SPECIMEN TREE
- A particularly special example of a species because of its
size, age, habitat, or any trait that either epitomizes the character
of species or makes the tree an unusual example of its species.[Added 6-14-2006 by Ord. No. 04-6]
- STANDARDS OF PERFORMANCE
- (1) Adopted by this chapter regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matter, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matter as may be reasonably required by the township; or
- (2) Required by applicable federal or state laws or municipal ordinances.
- STORMWATER DETENTION
- 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 is no floor above it, then the space between the floor and the ceiling next above it.
- STORY, HALF
- A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
- STREAM ENCROACHMENT PERMIT
- A permit issued by the New Jersey Department of Environmental Protection under the provisions of N.J.S.A. 58:16A-55.
- 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 chapter; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats; and includes the lands 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.
- STREET, ARTERIAL
- A street which is used primarily for fast or heavy traffic as designated on the circulation plan map of the Master Plan of the Township of Knowlton.
- STREET, CLASS II
- A private street which is used primarily for access to abutting properties in a large lot subdivision.
- STREET, COLLECTOR PRIMARY
- A street which carries traffic from primary and secondary streets to the major system of arterial streets.
- STREET, COLLECTOR SECONDARY
- The principal entrance streets of a residential development and streets for circulation within such a development.
- STREET, MARGINAL ACCESS
- A street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
- STREET, MINOR, LOCAL OR CUL-DE-SAC
- A street which is used primarily for access to abutting properties.
- Any activity which removes or significantly disturbs the vegetative surface cover. Agricultural cultivation shall not be considered stripping.
- 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 or water, including but not limited to buildings, paving, dams, walls, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges and the facilities of any authority, utility, municipality, county, state or other governmental agency.
- (1) The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (a) Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size, provided that the Planning Board shall require suitable proofs that said division be for agricultural purposes only and may impose such suitable limitations and controls as it may deem advisable with respect to the use thereof for any nonagricultural purpose;
- (b) Divisions of property by testamentary or intestate provisions;
- (c) Divisions of property upon court order, including but not limited to judgments of foreclosure;
- (d) Conveyances so as to combine existing lots by deed or other recorded instrument; and
- (e) 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 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.
- (2) The term "subdivision" shall also include the term "resubdivision."
- SUBDIVISION AND SITE PLAN COMMITTEE
- A Committee of at least three Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing subdivisions and site plans in accordance with the provisions of this chapter and making recommendations regarding their completeness to the Board.
- SURFACE WATER
- Water on land surface.
- SWIMMING POOL
- Facilities constructed above or below ground having a depth of more than two feet and/or a water surface of 100 square feet or more and designed and maintained for swimming purposes. "Swimming pools" shall include all buildings, structures, equipment and appurtenances thereto.
- SWIMMING POOL, PORTABLE
- Swimming pools that are not otherwise permanently installed and do not require water filtration, circulation and purification; do not exceed two feet in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports when located above ground.
- TEMPORARY PROTECTION
- Stabilization 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 displacement for any purposes whatsoever. Topsoil shall be capable of supporting vegetables indigenous to the area.
- A building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party or common walls extending from the foundation to the roof and providing 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 facilities and gas service. For the purpose of this chapter, a townhouse may include fee simple, condominium or cooperative ownership, or any combination thereof.
- Property which is the subject of a development application.
- TRACT DISTURBANCE
- All tract disturbance not associated with individual lots, including but not limited to areas disturbed for roadways, drainage systems, grading and vegetation removal.
- A vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.
- A typed or printed verbatim record of the proceedings or reproduction thereof.
- Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks or similar commercial vehicles. A truckstop also may include overnight accommodations and restaurant facilities.
- The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
- The United States Golf Association.[Added 6-14-1999 by Ord. No. 99-5]
- Permission to depart from the literal requirements of this chapter.
- VEGETATIVE PROTECTION
- Stabilization of erosive or sediment-producing areas by covering the soil with:
- VEHICLE STORAGE
- The location of a motor vehicle on site for a period of time in excess of that which is required to engage in the on-site activity.
- VEHICULAR SALES AREA
- 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.
- WATER BODIES
- Any natural or artificial collection of water, whether permanent or temporary.
- WATER-CARRYING CAPACITY
- 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.
- WATERWAY, GRASSED
- A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses used to conduct surface water from field, diversion or other site features.
- An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter.
- YARD, FRONT
- A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
- YARD, REAR
- A space extending across the full width of the lot between the principal building and the rear lot line measured perpendicular to the building at its closest point to the rear lot line. Said rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
- YARD, SIDE
- A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular to the side lot line at its closest point to the principal building. Said side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
- ZONING OFFICER/CODE ENFORCEMENT OFFICER
- The person appointed by the Township Committee to administer and enforce the ordinances of the township.
- ZONING PERMIT
- 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.
Editor's Note: This ordinance also provided for the repeal of the former definition of "affordable," which definition immediately preceded this definition, added 6-12-2000 by Ord. No. 00-10.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
Editor's Note: Repealed by L. 1987, c. 116. See now N.J.S.A. 30:4-27.2.