[Amended 11-16-2006 by Ord. No. 18-2006[1]]
[1]
Editor's Note: Ordinance No. 18-2006 also repealed Chapters
16.02 through 16.10, 16.54, 16.100 and 16.120 through 16.126 of Ch.
XVI, Zoning Code, of the 1998 Township Code.
This chapter shall be known as the "Land Development Ordinance
of the Township of Edgewater Park."
A.
Words and phrases shall be presumed to have their ordinary meaning,
unless specifically defined or interpreted differently within this
chapter.
B.
For the purpose of this chapter, certain grammatical forms and words
shall assume a different interpretation than is assumed in common
usage as follows:
(1)
All present and future tenses shall be interchangeable.
(2)
The word "building" includes "structure" and any part thereof.
(3)
The singular and plural shall be interchangeable.
(4)
The word "shall" is always mandatory, and the word "may" indicates
a permissive action.
(5)
The phrase "used for" includes "arranged for," "designed for,"
"intended for," "maintained for" or "occupied for."
(6)
The word "person" includes an individual, corporation or partnership.
(7)
The word "includes" (or "including") shall not limit the term
to the specified example but is intended to extend its meaning to
all other instances of like kind and character.
For the purpose of this chapter, certain terms and words are
hereby defined as set forth in this section. Where the Municipal Land
Use Law, N.J.S.A. 40:55D-3 to N.J.S.A. 40:55D-7, provides definitions
not included herein, the definition set forth in the Municipal Land
Use Law shall prevail. It is the intent of the definitions set forth
in this section to complement and supplement the definitions included
in the Municipal Land Use Law:
Areas subject to inundation by the one-percent-annual-chance
flood event generally determined using approximate methodologies.
Because detailed hydraulic analyses have not been performed, no base
flood elevations (BFEs) or flood depths are shown. Mandatory flood
insurance purchase requirements and floodplain management standards
apply.
[Added 12-5-2017 by Ord.
No. 2017-7]
A building on the same lot but subordinate to the main building
and used exclusively for a purpose customarily incidental to that
of the main building or use.
A structure on the same lot with but subordinate to that
of the main building or use and used exclusively for a purpose customarily
incidental to that of the main building or use. Swimming pools and
accessory structures are considered "accessory structures." Fences
are not considered "accessory structures."
A use subordinate to the principal use of the same lot and
serving a purpose customarily incidental to the principal use of the
lot.
For the purposes of the receipt of applications for development
and all other requests for action called for by the Planning Board,
the Administrative Officer shall be the Zoning Officer; and in issues
relating to completeness of applications under N.J.S.A. 40:55D-10.3,
the Zoning Officer shall recommend to the Planning Board whether the
application is complete. The Planning Board shall be empowered to
waive any deficiencies of application with authority to certify the
application as complete notwithstanding prior, and inconsistent, recommendation
by the Zoning Officer.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for part of a twenty-four-hour
day.
[Added 12-7-2010 by Ord.
No. 2010-11]
Areas subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods. Base flood elevations
(BFEs) are shown. Floodplain management standards apply.
[Added 12-5-2017 by Ord.
No. 2017-7]
Any development, which may be in any housing form, including
detached and attached dwelling units, apartments, flats, and residences,
offering private and semiprivate rooms, that restricts the minimum
age of all residents to be 62 years or 55 years for one resident of
each of 80% of the units, provided that significant facilities and
services for the elderly are provided. Such age-restricted development
shall be deed restricted controlling for minimum age as stated previously.
Any combination of contiguous lots and associated road rights-of-way
or other public ways or open space lands limited exclusively to age-restricted
development.
Any roadway or public way dedicated or opened to public use,
or shown on the Township map and not opened, 20 feet or less in width.
Alterations include, but are not limited to, the following:
All incidental changes or replacement in the nonstructural parts
of a building or other structure.
Minor changes or replacement in the structural parts of a building
or other structure limited to the following examples and other of
similar character or extent:
Alteration of interior partitions to improve livability in nonconforming
residential buildings, provided that no additional dwelling units
are created thereby.
Alteration of interior nonloading and/or nonstructural partitions
in all other types of buildings or other structures.
Making windows or doors in exterior walls.
Strengthening the load-bearing capacity in not more than 10%
of the total floor area to permit the accommodation of a specialized
unit of machinery or equipment.
Any facility other than a residential dwelling (including
the property surrounding a residential dwelling), publicly or privately
owned, used to house or contain stray, homeless, abandoned, or unwanted
animals and which is owned, operated or maintained by a public body,
an established humane society, animal welfare society, society for
the prevention of cruelty to animals, or other nonprofit organization
or person devoted to the welfare, protection, and humane treatment
of animals.
A request for a review of the Township Engineer interpretation
of any provision of this chapter or a request for a variance.
[Added 12-5-2017 by Ord.
No. 2017-7]
The application form and all accompanying documents required
by ordinance for submission for review of a subdivision plat, site
plan, conditional use, zoning variance or direction of the issuance
of a permit pursuant to section N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
The Board when acting pursuant to the authority of the Municipal
Land Use Law.
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone A or AE.
[Added 12-5-2017 by Ord.
No. 2017-7]
A facility which is licensed by the New Jersey State Department
of Health and Senior Services, in accordance with N.J.A.C. 8:36, to
provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed, to four or
more adult persons unrelated to the proprietor. Apartment units offer,
at a minimum, one unfurnished room, a private bathroom, a kitchenette,
and a lockable door on the unit entrance. Assisted living residence
shall also include "continuing care retirement community," "nursing
facility," "residential health care facility," and "statewide restricted
admissions facility" as described and regulated in N.J.A.C. 8:33H-1
et seq.
A coordinated array of supportive personal and health services,
available 24 hours per day, to residents who have been assessed to
need these services, including residents who require formal long-term
care. Assisted living promotes resident self-direction and participation
in decisions that emphasize independence, individuality, privacy,
dignity, and homelike surroundings.
That part of a building which is immediately below and wholly
or partly within the roof framing.
An establishment that cuts up, compresses or otherwise disposes
of motor vehicles, including the retrieval and refurbishment of motor
vehicle parts from inoperable and wrecked vehicles.
The use of any building, land area, or other premises for
the display and sale of new or used automobiles generally but may
include light trucks or vans, trailers, or recreation vehicles and
including any vehicle preparation or repair work conducted as an accessory
use.
Any premises or establishments used for the repair or servicing
of vehicles including automobiles and trucks, but not including body
repairs and automotive wrecking.
A roof-like cover that is temporary or portable in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and is periodically retracted
into or toward the face of the building.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Added 12-5-2017 by Ord.
No. 2017-7]
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For zone
AE, the elevation represents the water surface elevation resulting
from a flood that has a one-percent or greater chance of being equaled
or exceeded in any given year.
[Added 12-5-2017 by Ord.
No. 2017-7]
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6.5 feet.
[Amended 12-5-2017 by Ord. No. 2017-7; at time of adoption of Code (see
Ch. 1, General Provisions, Art. III)]
A residential property originally constructed as a private,
single-family residence which provides temporary overnight lodging
for transient guests and which provides breakfast for those guests
in the forenoon of each day and/or a tea or service of light refreshments
and beverages for those guests in the afternoon of each day with no
other meal service.
A sign, of any size, that directs attention to a business,
commodity, service, or entertainment conducted, sold, or offered at
a location other than the premises on which the sign is located.
A shop that provides the service of body piercing or permanent
tattooing, or provides massage services by unlicensed practitioners.
A use providing for the repair, repainting or restoration
of the bodies and frames of motor vehicles.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
[Added 12-5-2017 by Ord.
No. 2017-7]
An area in which no building, parking area, driveway, street,
sign (except traffic directional sign) or storage of materials shall
be permitted and which shall consist of a dense and continuous landscaped
screening area, planted and maintained containing fences, massed trees
and shrubs of such species and size as will produce a sufficient density
to obscure or confine throughout all seasons automobile headlight
glare, site noise, windblown debris and other typical and frequent
nuisance problems, as well as create an aesthetically pleasing and
attractive view to mask or obscure the use, function, or structure
located upon the site.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The area of the largest horizontal section of a building
measured to the outer edge of the walls.
The exterior face or elevation of a building or any portion
thereof extending from grade to the top of the parapet, wall or eaves
and extending the entire length of the building. A principal facade
is sometimes distinguished from the other faces by the elaboration
of architectural details.
The vertical distance measured from the average elevation
of the finished grade around the foundation of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the midpoint between the eaves and the ridge level for
gable, hip and gambrel roofs; provided that chimneys, spires, towers,
mechanical penthouses, tanks and similar projections of the buildings
not intended for human occupancy shall not be included in calculating
the height. If there are two or more separate roofs on a single building,
the height of such building shall be calculated from the highest roof.
A building or use in which is conducted the main or principal
use of the lot on which said building is situated.
A retaining wall created along a body of water behind which
fill is placed.
The diameter of a tree trunk measured in inches, and measured
48 inches above ground level for all trees.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et
al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as
defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied
to any offense set forth in the "New Jersey Controlled Dangerous Substances
Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A.
4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
A roof-like cover that is permanent in nature and that projects
from the wall of a building for the purpose of shielding a doorway
or window from the elements, or a freestanding, roof-like cover that
is permanent in nature and that shields vehicles, patrons and employees
from the elements.
The section of a street, road or highway or right-of-way
located between the curblines which is normally used by vehicular
type traffic, commonly known as the paved areas of the street.
See "basement."
An official document signed by the Zoning Officer setting
forth either that a building or structure does comply with this chapter
or that a building, structure or parcel of land may lawfully be used
for specified uses, or both. The term also includes "temporary certificate
of occupancy" which may be issued, as provided by law.
Any use which substantially differs from the previous use
of building or land involving any of the following:
The addition of parking spaces based upon the parking requirements
of this chapter or the Residential Site Improvement Standards.
A significant increase in the amount of truck deliveries (10
or more) to the property.
A significant change in the hours of operation than the previous
use (a deviation of four or more hours in the morning or evening).
The storage or handling of chemicals or hazardous substances.
Proposed changes in intensity of exterior lighting.
Addition of outdoor storage or displays to the property.
|
A use that does not meet the foregoing criteria can be considered
a change of occupancy that does not require site plan approval.
|
A private establishment enrolling five or more children and
where tuition, fees, or other forms of compensation for the care of
children is charged, which must be licensed to operate as a child-care
center by the Department of Human Services.
See "place of worship."
An open space area exclusive of required setback areas 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 and enjoyment of residents
and owners of the development.
An application form completed as specified by ordinance and
the rules and regulations of the Reviewing Board, and all accompanying
documents required by ordinance for approval of the application for
development. An application shall be certified as complete upon meeting
of all requirements specified in the ordinance and in the rules and
regulations of the Reviewing Board, and shall be deemed complete as
of the day it is so certified for purpose of the commencement of the
time period for action by the Planning Board.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning ordinance, and upon the issuance of an
authorization therefor by the Board, and where required by N.J.S.A.
40:55D-70.
Ownership of real property combining ownership in fee simple
of a dwelling unit and undivided ownership in common with other purchasers
of the common elements in the structure and including the land and
its appurtenances.
See "assisted-living residence."
That person designated by salary guide title in the municipality
pursuant to the Uniform Construction Code of the State of New Jersey.
A change in the use of land or structure.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on three or more sides by the
walls of such building.
The permanently established grade of the curb top in front
of a lot.
Calendar days.
An action of such a minimal nature that the purposes of the
chapter will not be materially affected.
A level wooden or simulated wooden structure built on or
above grade and is attached to a principal building or adjacent to
such building.
To partially or completely take down a structure.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase or lease, or other person
having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or any
mining, excavation or landfill, and/or any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required, pursuant to the New Jersey
Municipal Land Use Law. Any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials located within the
area of special flood hazard.
[Amended 12-5-2017 by Ord. No. 2017-7]
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Added 12-5-2017 by Ord.
No. 2017-7]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control to minimize erosion
and sedimentation during and after construction or development and
means necessary for water supply preservation or prevention or alleviation
of flooding.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, which rooms are accessible from the
outdoors, either directly or through an entrance hall shared with
other dwelling units, and are used or intended to be used by one or
more persons living together and maintaining a common household.
See "dwelling unit, multifamily."
[Added 12-5-2017 by Ord.
No. 2017-5; amended 3-5-2019 by Ord. No. 2019-2]
A dwelling unit designed for and occupied exclusively as
a residence for only one family, including a private bath and kitchen,
in a building comprising three or more such units.
[Added 12-5-2017 by Ord.
No. 2017-5; amended 3-5-2019 by Ord. No. 2019-2]
A dwelling designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building.
A dwelling designed for and occupied exclusively as a residence
for only one family that is in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
[Added 12-5-2017 by Ord.
No. 2017-5; amended 3-5-2019 by Ord. No. 2019-2]
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
A non-basement building: built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor, elevated above the base flood elevation plus freeboard by means
of piling, columns (posts and piers), or shear walls parallel to the
flow of the water; and adequately anchored so as not to impair the
structural integrity of the building during a flood up to the magnitude
of the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
[Added 12-5-2017 by Ord.
No. 2017-7]
Areas which include, but are not limited to, stream corridors
and floodplains, streams, bodies of water, wetlands (as defined by
NJDEP), slopes greater than 10%, shallow depth to bedrock (less than
two feet), highly acid or erodible soils (as defined by the SCS),
mature stands of trees, aquifer recharge areas, aquifer discharge
areas, unique natural features and wildlife habitats or such areas
as may be so designated by federal or state agencies of jurisdiction.
To build, construct, attach, alter, relocate or affix and
includes the painting of signs or displays on the exterior surface
of a building.
The detachment and movement of soil or rock fragments by
water, wind, ice, gravity, whether naturally or humanly induced.
Telephone and electric lines, cable, poles, equipment and
structures, water or gas pipes, hydrants, valves, mains or structures
or sewer pipes, together with accessories and appurtenances, maintained,
operate and conducted for the service, convenience, necessity, health
and welfare of the public, not including wireless or cellular communications
facilities.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 12-5-2017 by Ord.
No. 2017-7]
See "building facade."
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship, but living together in a dwelling
unit as a single housekeeping unit with shared kitchen and utilities
under a common housekeeping management plan based on an intentionally
structured relationship providing organization and stability.
"Family day care home" means any private residence approved
by the Department of Human Services 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:
Any partition, structure, wall or gate erected as a dividing
marker, barrier or enclosure and located along the boundary or within
the required lot area.
The official action of the respective board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the respective board for final approval in accordance
with these regulations, and which if approved shall be filed with
the proper county recording office in the case of subdivision.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Added 12-5-2017 by Ord.
No. 2017-7]
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
[Added 12-5-2017 by Ord.
No. 2017-7]
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
[Added 12-5-2017 by Ord.
No. 2017-7]
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Added 12-5-2017 by Ord.
No. 2017-7]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 12-5-2017 by Ord.
No. 2017-7]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without accumulatively increasing the water surface elevation more
than 0.2 foot.
[Added 12-5-2017 by Ord.
No. 2017-7]
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The sum of the gross horizontal areas of the several floors
of a building or structure measured from the exterior face of exterior
walls and from the center line of a wall separating two buildings,
but excluding any space where the floor-to-ceiling height is less
than six feet.
The total of all floor areas of a building dedicated to the
inhabitance of a resident and/or residents.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
[Added 12-5-2017 by Ord.
No. 2017-7]
A building, structure or any portion thereof used for parking
and storing motor vehicles.
PRIVATE GARAGEA structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public.
PUBLIC GARAGEA structure, or portion thereof, other than a private customer and employees garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
Land and building providing for the sale of fuel, lubricants
and automobile accessories and/or personal convenience items, excluding
automobile service or repairs or body repairs or the storage of inoperable
and wrecked vehicles.
The completed elevation of surfaces of lawns, walks and pavement
as shown on official plans or designs.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Added 12-5-2017 by Ord.
No. 2017-7]
The process of identifying, evaluating, managing, conserving,
maintaining and, when necessary, rehabilitating, stabilizing, restoring
and reconstructing historic properties so that they are protected
for the use of future generations.
Any structure that is:
[Added 12-5-2017 by Ord.
No. 2017-7]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An occupation being conducted wholly or in part from a residence
or the residential lot as an accessory use, and subject to the specific
limitations on the use as provided in this chapter.
An incorporated or unincorporated entity responsible for
operating under a recorded land agreement.
The area of a lot covered by buildings, structures and other
impervious surfaces. Pools, pavers and decks with interstices of 1/4
inch minimum shall be counted as 80% impervious.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter, or whose rights to use, acquire, or enjoy property under
this chapter or under any other law of this state or of the United
States have been denied, violated, or infringed by an action or a
failure to act under this chapter.
Whenever in these rules reference is made to "any person,"
"any interested person," "any person interested in the action" or
the like, such term refers to any "interested party" as defined in
N.J.S.A. 40:55D-4.
Any area, lot, land parcel, building, or structure, or part
thereof, used for the storage, collection, processing, purchase, sale,
salvage, or disposal of any scrap, waste, reclaimable material, or
debris.
Any place or premises occupying a land parcel or parcels
of five acres or less devoted to the keeping, harboring, breeding,
buying or selling of five or more dogs, or six or more mammalian animals
of the same species, age four months or over, excluding "animal shelter."
This definition excludes one additional mammalian animal of age four
months or over for each additional acre over five acres up to a maximum
of 20 dogs or 21 mammalian animals of the same species constituting
a kennel on 20 or more acres.
An area within a property or site, generally adjacent to
and parallel with a property line, either consisting of natural existing
vegetation or created by the use of trees and shrubs, designed to
limit continuously the view of and/or sound or other nuisance from
the site from or to adjacent sites or properties. Said buffer may
be crossed by drives, access roads or pedestrianways but in which
parking, the storage of material, equipment or wastes or the display
of any equipment, material or products are not permitted.
An off-street space or berth used for the loading or unloading
of cargo, products, or materials from vehicles.
A designated parcel, tract, or area of land established by
plat, subdivision, or as otherwise permitted by law, to be separately
owned, used, developed, or built upon.
The area contained within the lot lines but not including
any portion of street rights-of-way.
The distance between the side lot lines measured along the
street line. On curved streets with an outside radius of less than
500 feet, the lot frontage may be reduced to not less than 66% of
the required minimum lot width. On corner lots, the lot frontage requirements
shall be met for each street frontage.
Any line, including the street right-of-way line, forming
a portion of the boundary of a lot.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The distance between side lot lines measured parallel to
the street line at the minimum required building setback from the
street right-of-way.
A lot at the junction of two or more intersecting streets
where the interior angle of intersection does not exceed 135°.
Each corner lot shall have two front yards and two side yards.
The average distance measured from the front lot line to
the rear lot line, or in the case of a corner lot, the front lot line
to the most distant side lot line.
A lot not meeting the minimum frontage requirements of this
chapter, which lot has access to a public road provided by a relatively
narrow, private right-of-way, easement or driveway. The lot will generally
but not exclusively be in the shape of an "L" or "T," with the larger
buildable portion of the lot being known as the "flag" and the right-of-way
being known as the "staff."
A lot whose side lot lines do not abut a street but has frontage
on two streets or one street and an alley.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided that
such enclosure is not built so to render the structure in violation
of other applicable non-elevation design requirements of 44 CFR 60.3.
[Added 12-5-2017 by Ord.
No. 2017-7]
Any security, which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit and cash.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
[Added 12-5-2017 by Ord.
No. 2017-7]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 12-5-2017 by Ord.
No. 2017-7]
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[1]
Occupancy of a building or land for more than one use.
Building in which film or films, continuous slides or pictures
of any nature are shown to a viewing audience. In the case of adult
entertainment, motion pictures show, depict or reveal any person in
any act of sexual conduct or sadomasochistic abuse.
A complete physiographic portrait of a municipality, including
its geography, topography, hydrology, soil and vegetation, as well
as man-made factors which influence the environment.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
[Added 12-5-2017 by Ord.
No. 2017-7]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
[Added 12-5-2017 by Ord.
No. 2017-7]
An establishment dispensing liquor and meals and in which
music, dancing, or entertainment is conducted.
A building or structure, the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
to this chapter but that fails by reason of such adoption, revision,
or amendment to conform to the present requirements of this chapter.
A lot, the area, dimensions, or location of which was lawful
prior to the adoption, revision, or amendment of this chapter but
that fails by reason of such adoption, revision, or amendment to conform
to the present requirements of this chapter.
Any sign lawfully existing on the effective date of this
chapter, or amendment thereto, that renders such sign nonconforming
because it does not conform to all the standards and regulations of
this chapter.
A use or activity that was lawful prior to the adoption,
revision, or amendment of this chapter but that fails by reason of
such adoption, revision, or amendment to conform to the present requirements
of this chapter.
See "assisted-living residence."
The specific purpose for which land or a building is used,
designed, or maintained.
[Amended 12-7-2010 by Ord. No. 2010-11]
MEDICAL OFFICEAn office that is occupied by licensed members of recognized medical professions such as medical doctors and surgeons, nurses, osteopaths, chiropractors, physical and massage therapists, radiologists, medical imaging specialists, dentists and oral surgeons, and includes surgical service and ambulatory care.
PROFESSIONAL OFFICEAn office that is occupied by members of a recognized profession maintained for the conduct of that profession including architect, attorney, accountant, engineer, planner and similar professions.
GENERAL OFFICEA room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. A general office can be a standalone use or as the administrative center of a warehouse, industrial or retail building including training center.
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.
An off-street parking area for vehicles including the nine-foot-wide-by-eighteen-foot-long
storage area of each vehicle and necessary maneuvering area of each
vehicle. Space for maneuvering incidental to parking or unloading
shall not encroach upon any public way. Every off-street parking facility
shall be accessible from a public accessway.
Not located on the property which is the subject of a development
application or 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.
Any parcel or area of land or water, not containing any building,
unimproved or improved, 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.
An area of land other than a public street owned by a public
agency and maintained by it for the use and enjoyment of the general
public.
Any public or private land area designed and used for parking
motor vehicles including parking lots, garages, private driveways
and legally designated areas of public streets.
An area that is level and surfaced with pavement including,
but not limited to, stone, gravel, bricks, concrete, bituminous concrete,
pavers, etc., and is directly adjacent to a principal building. Patios
may be constructed at grade or above grade in a terraced fashion with
or without walls.
Any security which may be accepted by a municipality including
but not limited to: surety bonds, letters of credit, cash or certificates
of deposit, provided that not more than 10% of the total performance
guarantee may be in cash, and that the total performance guarantee
amount shall not exceed 12% of the cost of installation of all improvements
as estimated by the Township Engineer.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district as set forth in this chapter.
A church, synagogue, temple, mosque, or other facility that
is used for prayer and worship by persons of similar beliefs.
A roofed open area, on the first or second story, which is
an exterior part of a building including a breezeway outside of and
extending beyond the exterior walls of the building. Each exterior
wall of the porch, which is not an exterior wall of the building shall
be completely and permanently open to the outside air, except for
a small portion of the wall at the top and at the bottom, which may
be solid, the total area of which, when added together, shall be no
more than 40% of the wall area. An open porch may be screened.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been approved by the
relevant board.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A building or structure in which occurs the principal use
of the lot on which it is located.
The primary or predominant use of any lot or parcel.
A use that is not permitted in a zoning district.
A property line is a lot or parcel line that defines the
limits of ownership.
Public parks, playgrounds, trails, paths and other recreational
areas and open spaces;
Scenic and historic sites;
Sites for school and other public buildings and structures,
including the uses of all municipal, county, state, regional and federal
government agencies; and
Public rights-of-way, cartways and easements.
A use owned or operated by a nonprofit institution and providing
educational, cultural, recreational, or similar types of programs
that are open to the general public, excluding school and place of
worship.
Leisure-time activities, usually of a more formal nature
and performed with others, often requiring equipment and taking place
at prescribed places, sites or fields.
Any leisure time activity not considered active.
A vehicle which is:
[Added 12-5-2017 by Ord.
No. 2017-7]
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appointment.
An establishment where food and drink are prepared, served,
and consumed within the principal building. An outdoor eating area
supplemental and ancillary to the indoor eating and cooking facility
may permitted, provided the outdoor eating area receives site plan
approval. Cafes, coffeehouses and "cyber" cafes, which provide Internet
access, are restaurants. "Sexually oriented businesses" in which food
and drink are prepared, served, and consumed within the principal
building are not restaurants.
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.
A use that includes shops selling retail goods such as food
and beverages, prepared food and beverages, restaurants, cosmetics
and pharmaceuticals, apparel, furniture and housewares, art, office
supplies, electronics, computers and personal media and communications
devices, automotive and recreational vehicle supplies, household building
and landscaping supplies and appliances, and pet supplies; and retail
services such as personal and pet grooming and fitness, apparel maintenance,
office services, child-care centers and the servicing of small household
appliances; excluding self-storage and/or mini-warehouses, sexually
oriented businesses, and body piercing and tattoo parlors.
The total width and length of the course of a street, alley,
watercourse, utility alignment, railroad or other way and within,
under or over which all improvements and rights of access are confined.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
A device that functions as an antenna for the reception of
television programming exceeding two feet in diameter if round or
two feet in its widest or longest dimension if otherwise shaped. In
addition, all existing "antennas" which do not conform to this chapter
shall at this time be grandfathered and shall be required to conform
to all pertinent Uniform Construction Code requirements.
Any building or part thereof that is designed, constructed,
or used for education or instruction in any branch of knowledge. This
includes children in preschool through grades 12, adult school, trade
school, medical and dental school and their equivalents.
[Amended 12-7-2010 by Ord. No. 2010-11]
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The distance between the building or structure and any lot
line.
The line that is the required minimum distance from any lot
line and that establishes the area within which the principal and
accessory structures must be erected or placed.
A commercial establishment, as described and defined in the
provisions of N.J.S.A. 2C:33-12.2 and 2C:34-6, which:
As one of its principal business purposes offers for sale, rental,
or display any of the following: books, magazines, periodicals or
other printed material, or photographs, films, motion pictures, videocassettes,
slides or other visual representations which depict or describe a
specified sexual activity or specified anatomical area; or still or
motion picture machines, projectors or other image-producing devices
which show images to one person per machine at any one time, and whether
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area; or instruments, devices,
or paraphernalia which are designed for use in connection with a specified
sexual activity; or
Regularly features live performances characterized by the exposure
of a specified anatomical area or by a specified sexual activity,
or which regularly shows films, motion pictures, videocassettes, slides,
or other photographic representations which depict or describe a specified
sexual activity or specified anatomical area and shall include adult
bookstores; or
Any establishment which promotes or provides the exchange of
sexual gratification for remuneration and is considered a crime by
the State of New Jersey or the U.S. Government.
See "utility shed."
A triangular-shaped portion of land established at street
intersections and at intersections between streets and driveways in
which there are restrictions on objects erected, placed or planted
which would limit or obstruct the sight distance of motorists entering
or leaving the intersection.
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images. Excluded from the definition
of signs are national or state flags, window product displays, graffiti,
noncommercial decorative banners, athletic scoreboards, or the official
announcements or signs of government.
SIGN, ATTACHEDA sign that is wholly or partly dependent upon a building for support.
SIGN, AWNING OR CANOPYA sign that is mounted, painted, or attached to an awning or canopy that is otherwise permitted by this chapter.
SIGN, DIRECTIONALA sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, DIRECTORYA sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
SIGN, FACEThe area or display surface used for the message.
SIGN, MONUMENTAny sign in which the entire bottom is in contact with the ground and is independent of any other structure.
DIGITAL DISPLAY SIGN (DDS)A ground or pylon sign erected for the purpose of displaying information or an image using any form of electronic technology such as light-emitting diodes (LED). Typical DDS examples include electronic message centers (EMC), on-premises DDSs, and off-premises digital billboards.
[Added 2-18-2014 by Ord.
No. 2014-1]
ILLUMINATED SIGNSAny sign which has character, letters, figures, designs or outline illumination by electric lights or luminous tubes as a part of the sign.
LIGHT TRESPASSThat amount of the level of illumination which a light source on one property shines onto another property measured in footcandles (or lux).
LUMINANCEA measure of the perceived brightness of a surface as measured in nits or candela per square meter (cd/m2).
The entire face of a sign, including the advertising surface
and any framing, trim, or molding but not including the supporting
structure. The sign area includes all lettering, wording, coloring
and accompanying designs and symbols, together with the background,
whether open or closed, but not including the supporting framework
and bracing incidental to the display itself. All internally illuminated
panels or translucent fixtures, whether or not they contain lettering,
wording, designs or symbols, are considered to be part of the sign
area. When a two-sided sign contains the same message, sign area shall
be measured on one side only.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; and 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.
All site plans not defined as minor site plans.
A change of use or development plan of one or more lots which:
proposes development of a new building or a building alteration of
less than 1,000 additional square feet of new floor area and which
requires less than five additional parking spaces and increases total
impervious coverage by no more than 10%, and which does not require
variance or design waiver approval and 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.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of pilings,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways, nor does it include excavation for a basement, footings
or piers, or foundations or the erection of temporary forms, nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
[Added 12-5-2017 by Ord.
No. 2017-7]
An area predominantly characterized by either an average
change in elevation greater than 15% of the corresponding horizontal
distance through the slope (15% slope), or by a very high erosion
hazard as indicated by an erodibility factor "k" of 0.40 or greater
as determined by the United States Department of Agriculture, Natural
Resources Conservation Service.
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 and including those basements used for the principal
use.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite walls are not more than two
feet or less than one foot above the finished floor of such story.
Any vehicular way that is an existing state, county, or municipal
roadway; is shown upon a plat approved pursuant to law; is approved
by other official action; or is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; includes the land between the street lines, whether improved
or unimproved.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Township
Master Plan or Official Map or as required by this chapter, forming
the dividing line between the street and property line.
A combination of materials that form a construction for use,
occupancy, or ornamentation whether installed on, above, or below
the surface of land or water.
[Amended 12-5-2017 by Ord. No. 2017-7; at time of adoption of Code (see
Ch. 1, General Provisions, Art. III)]
All subdivisions not classified as minor subdivisions.
A subdivision classified as a minor subdivision shall meet
the following requirements:
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-5-2017 by Ord.
No. 2017-7]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 12-5-2017 by Ord.
No. 2017-7]
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an aboveground surface pool, having a depth of more than
30 inches, designed, used and maintained for swimming and bathing.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A separate structure, not for living purposes, used for the
fully or partially enclosed storage of materials and equipment.
A separate structure or facility, not for living purposes,
typically unenclosed, used for the operation or storage of equipment
or materials associated with commercial or industrial activities,
public utilities (with the exception of wireless telecommunications
facilities) or the protection of public health or safety.
A grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter.
[Amended 12-5-2017 by Ord. No. 2017-7]
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 12-5-2017 by Ord.
No. 2017-7]
A building used primarily for the storage of goods and materials.
An unmanned telecommunications facility providing point-to-point
communication services, generally consisting of antennas mounted on
either an existing structure or tower and an associated structure
housing radio equipment.
An open unoccupied space, except as permitted and defined
otherwise in this chapter, extending between any building and lot
line or street line. All "yard" dimensions shall be measured parallel
to the horizon and at right angles to either a straight street line,
lot line or building facade or perpendicular to the point of tangency
of curved lines and facades.
YARD, FRONTThe area extending across the full width of a lot between the street line and the nearest point of the building to the street line, extending to the side lot lines from such point in lines parallel or concentric to the street line. On lots with multiple lot frontages, such as corner lots, the "front yard" standards shall apply to all lot frontages.
YARD, REARThe area extending across the full width of a lot between the rear lot line and nearest point of the building to the rear lot line, extending to the side lot lines from such point in lines parallel or concentric to the street line.
YARD, SIDEThe area extending from the front yard to the rear yard and lying between each side lot line and the nearest point of the building to a side lot line. In the case of a corner lot, all yards without street frontage shall be side yards, and the side yard shall be measured from each side lot line to the nearest point of the building to a side lot line.
 |
The officer designated by the Township of Edgewater Park
Committee to administer the zoning ordinance and issue zoning permits.
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
