[Amended 7-8-1998 by Ord. No. 98:08; 12-13-2000 by Ord. No.
2000:17]
Whenever a term is used in this chapter which is defined in
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
such term is intended to have the meaning set forth in the definition
of such term found in said statute, unless a contrary intention is
clearly expressed from the context of this chapter.
The following terms shall be defined as set forth:
A use or building customarily incidental to the principal
use or building and located on the same lot with such principal use
or building.
As applied to a building or structure, a change of arrangement
in the structural parts or in the existing facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location to another.
Any individual, person, firm association, syndicate, copartnership
or corporation having a proprietary or equitable interest in the land
submitted for site review sufficient to commence and maintain proceedings
to develop said land subject to municipal regulations.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of existing
trees, shrubs, or other landscaping and/or berms, designed to continuously
limit the view of the site from adjacent sites, properties or roadways.
All fencing, structures or improvements shall be prohibited in the
"buffer" unless approved by the Planning Board at the time of final
subdivision or final site plan approval.
Any structure having a roof and used for the shelter or enclosure
of persons, animals, chattels or property of any kind.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all necessary buildings,
exclusive of uncovered porches, terraces and steps.
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundations, 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.
The vertical distance measured from the mean curb level to
the extreme high point of the building, exclusive of chimneys and
similar fixtures, or from the average ground elevation at the building
setback, if such is higher than the curb level.
The rear line of the minimum front yard as herein designated
for each district.
A composite of the written and map proposals for the physical
development of the Borough, with the accompanying plats, charts and
descriptive and explanatory matter adopted by the Borough Planning
Board pursuant to N.J.S.A. 40:55D-25 and 40:55D-28.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standard for the location or operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization
thereof by the Planning Board.
A lot with frontage on two approved streets.
That percentage of the plot or lot area covered by the building
area.
The level of a curb in front of a building as established
or, in the absence of an established "curb level," at a level determined
by the Borough Engineer.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes (N.J.S.A. 58:1 et seq.).
Any building or portion thereof occupied as a home or residence
for one or more persons.
A building occupied as a home or residence of two families,
under one roof, each family occupying a single dwelling unit, one
of which shall be partly above the other.
A building having common halls and entrances, occupied as
the home or residence of three or more families, under one roof, each
family occupying a separate dwelling unit.
A building wherein the space under a gabled, hipped or gambrel
roof, including the stairwell of the loft or garret, shall have a
potential floor area equivalent to 22% or more of the first-floor
area and having headroom of at least seven feet.
A building occupied as the home or residence of one family
and having no part wall or walls in common with an adjacent house
or houses.
An acquired privilege or right of use of privately owned
land for specified purposes.
Any lands consisting of wetlands, floodplains or lands having
slopes steeper than 15%.
To build, construct, attach, hand, place, suspend or affix,
and shall also include the painting of wall signs.
Any number of individuals related by blood, marriage, adoption
or as foster children, including those placed in dwellings with such
"families" by the New Jersey Board of Child Welfare or a duly incorporated
child-care agency; or a group of individuals not related by blood
or marriage, but not exceeding four in number, living and cooking
together on the premises as single nonprofit housekeeping unit. Nothing
contained in this definition shall be construed to prohibit the employment
of servants living on the premises of the employer.
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 proper county recording officer.
The areas of delineated or undelineated streams, determined
by the New Jersey Department of Environmental Protection, to be flooded
hazard areas and areas inundated by the one-hundred-year flood in
undelineated areas.
A building or structure in which motor-driven vehicles are
stored, and shall include the following subdivisions:
COMMUNITY GARAGEA building of group of building one or 1Â 1/2 stories in height permitted as a use accessory to an apartment or multiple dwelling for the storage of the occupants' private passenger automobiles.
PRIVATE GARAGEA garage not conducted as a business.
PUBLIC GARAGEA garage conducted a business. The rental or storage place for more than two cars not owned on the premises shall be deemed a business use.
Any use, accessory to the primary residential use, of a service
character conducted entirely within a residential dwelling.
A regular, non-corner lot with access to only one approved
road or street.
An automobile, truck, bus, motorcycle or similar motorized
conveyance, or the major parts of an automobile, truck, bus, motorcycle
or similar motorized conveyance, which is inoperable or incapable
of being used as a conveyance or is without its tires or wheels.
An area of land, with or without structures, primarily used
for the storage of used or discarded materials, vehicles or parts
thereof, including junk vehicles as defined by this section, with
or without the dismantling processing salvage, sale or other use or
disposition of the same. The deposit or storage of two or more wrecked
or broken vehicles or the major parts of two or more vehicles shall
be deemed to make the lot a "junkyard."
A parcel or portion of land legally separated from other
parcels or portions by descriptions as one a subdivision of record
or survey map or by metes and bounds for the purpose of sale, lease
or separate use.
The area of the lot covered by all buildings and all impervious
surfaces.
A security acceptable to the governing body to assure the
maintenance of duly approved improvements installed by the developer
after the final acceptance of improvements and in accordance with
this chapter and with the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
A development plan for one or more lots which:
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 required by § 162-57 of this chapter; and
Meets the following criteria:
There shall be no additional curb cuts proposed.
There shall be no new street or extension of any off-tract improvements
proposed.
Any proposed increase in paving is not more than 10% of the
existing paved area.
The site must be surrounded by similar or more intensive uses.
The proposal requires no more than eight off-street parking
spaces.
Any proposed addition to an existing building shall be less
than 25% of the total usable floor area of the existing building and
the addition shall not exceed 1,000 square feet.
There shall be a disturbance of less than 5,000 square feet
of ground area.
Any subdivision containing not more than three lots fronting
on any existing minor street, not involving any new street or road
or the extension of municipal facilities and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the Master Plan,
Official Map, Zoning Ordinance or this chapter.
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 reason 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 reason of such adoption, revision or amendment.
A statement issued and signed by the Zoning Officer, and
also signed for approval by the Fire Marshal, Construction Code Official,
Plumbing Inspector and Health Officer, setting forth either that a
building, structure or parcel of land may lawfully be used for the
specified uses or both.
A discontinuance of tenant either by change of ownership
or by lease; not to be confused with "use, change of."
Occupancy of a building or land for more than one use.
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
or any prior act authorizing such adoption. Such a map shall be deemed
to be conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
Any individual, person, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings under
this chapter.
An open, off-street land area, including parking spaces and
ingress and egress drives or aisles, for parking of automobiles or
other vehicles exclusively and in which no gasoline or automobile
accessories are sold and no other business is conducted.
A parking area, as herein defined, for the parking of passenger
vehicles of the occupants, employees, visitors and patrons of specified
types of buildings.
The area required for parking of one automobile which is
held to be the parking area, shall be a minimum of nine feet wide
and a minimum of 18 feet in length.
The hard-surfacing of an area using bituminous or concrete
or other man-made materials or an approved equal.
Any security approved by the Borough as to form and by the
Borough Engineer as to amount may be accepted in lieu of the requirement
that certain improvements be made before the Planning Board grants
final approval of a site plan; any such Performance Guaranty shall
be in accordance with the provisions of the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
The Somerdale Planning Board.
A map, plan or layout of a site or subdivision indicating
the location and boundaries of individual properties.
A roofed structure projecting from the front, side or rear
wall of a building and enclosed by glass or screen.
A roofed open structure projecting from the front, side or
rear wall of a building and having no enclosed features of glass,
wood or other material more than 30 inches above the floor thereof
except the necessary columns to support the roof.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Article XV of this chapter.
The area between the outer boundaries of the public street
or way, whether improved or unimproved and whether acquired by deed
or easement. The term "right-of-way" shall apply to planned future
roadways or widening when these are shown on an Adopted Master Plan
or an Official Map.
A name, identification, description, display, illustration,
or device which is affixed to or represented directly or indirectly
upon a building, structure, or land in view of the general public
and which directs attention to a product, place, activity, person
institution, or business; refer to § 162-18 for applicable
sign definitions.
Any development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order to make an informed determination pursuant to § 162-41 of the Code by the Planning Board.
A committee of the Somerdale Planning Board that may be established
for the purpose of reviewing and approving or disapproving site plans
according to the standards contained in this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of Article XV of this chapter.
Any stormwater control facility, whether surface or subsurface,
designed to impound runoff and release it at a reduced rate through
an outlet control structure, i.e., detention facility or through infiltration,
i.e., retention or infiltration basin, trench or structure.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the county recording officer
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats, and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines. For purpose of this chapter, "streets" shall
be classified as follows:
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MARGINAL ACCESS STREETSStreets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
MINOR STREETSThose which are used primarily for access to the abutting properties.
The lines upon which the width of the abutting street is
established; the front line, not the curbline.
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development, except that
the following divisions shall not be considered "subdivisions"; provided,
however, that no new streets or roads are involved: divisions of land
for agricultural purposes where the resulting parcels are three acres
or larger in size, divisions of property by testamentary or intestate
provisions or divisions of property upon court order. "Subdivision"
also includes resubdivision and, where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
A committee of at least three Planning Board members appointed
by the Chairman of the Board that may be established for the purpose
of classifying subdivisions in accordance with the provisions of this
chapter, and such other duties relating to land subdivision which
may be conferred on this Committee by the Board.
A discontinuance of an existing use and the substitution
thereof of a use of a different kind or class.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration 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 that in designating a "wetland" the three parameter
approach (i.e., hydrology, soils and vegetation) enumerated in the
Wetlands Identification and Delineation Manual developed by the United
States Environmental Protection Agency and any amendments thereto
shall be used. The determination and delineation of a "wetland" shall
be performed by the appropriate qualified persons and verified by
the New Jersey Department of Environmental Protection.
An area of land adjacent to a wetland, which minimizes adverse
impact on the wetlands or serves as an integral component of the ecosystem.
The width of the "wetlands transition area" shall be determined by
the New Jersey Department of Environmental Protection.
An open unoccupied space on the same lot with a building
open and unobstructed from the ground to the sky. For the purpose
of this chapter, "yards" shall be designated as follows:
YARD, FRONTA yard of the full width of the lot and not less in depth than the minimum distance required between the street line and the building setback line in each district.
YARD, REARA yard extending across the full width of the lot located between the extreme rear line of the building of the lot or the nearest side line of the street, driveway or alley.
YARD, SIDEA yard between the building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.
Immediately upon adoption of this Part 1, the Municipal Clerk
shall file a copy of this Part 1 with the County Planning Board as
required by law. The Clerk shall also file with said County Planning
Board copies of all other ordinances of the municipality relating
to land use, such as the Subdivision, Zoning and Site Plan Review
Ordinances.[1]
[1]
Editor's Note: See Parts 2, Site Plan Review; 3, Subdivision
of Land; and 4, Zoning, of this chapter.
[Added 7-8-1998 by Ord. No. 98:08]
A.Â
An applicant may request and the Planning Board shall grant an informal
review of a concept design plan for which an applicant intends to
prepare and submit an application for development.
B.Â
A concept design plan and the supporting documents for a proposed
development shall constitute the material to be officially submitted
to the Planning Board. Said plans and supporting documents shall show
a general informal design of the development and its public improvements
so that the Board can indicate its approval or disapproval of the
concept. Approval of the concept design plan does not constitute an
approval of the concept or plan, nor shall it be considered a valid
basis for the construction of any improvements of for other commitments
which depend upon its design characteristics. Neither the applicant
nor the Board shall be bound by the plan or the review.
C.Â
Should such request be made by the applicant, submission shall be
made to the Planning Board Secretary, and the applicant shall submit
12 copies of the concept design plan of the proposed development and
12 copies of the preliminary plat application as hereinafter set forth.
D.Â
The fee for concept design review shall be as set forth in the Fee
Ordinance. The applicant shall also post an escrow fee to be paid
by the applicant to cover the cost of professional services incurred
by the Board for the review of the concept plan; said escrow fee shall
be the same as established by the Fee Ordinance for a Minor Site Plan
or Waiver of Site Plan. Said moneys shall be placed in escrow by the
Board and may be used for said services, including legal and engineering
or other incidental expenses of the Board.
E.Â
The Board will generally review the concept design plan with the
applicant within 45 days of the date of submission. Failure to review
within the applicable period shall not constitute an approval by the
Board.
F.Â
Upon the Board completing its review of the concept design plan,
it may provide the applicant with any written suggestions. In no event
shall the concept design plan be considered to be a preliminary plat
for the purposes of deeming an application complete or approving a
preliminary plat.
