[Ord. No. 95-20 § 4; Ord. No. 95-24 § 54-4; Ord. No. 98-1 § 1; Ord. No. 99-19 §§ 2, 8, 9; Ord. No. 00-19 § 2; Ord. No. 05-10 §§ 1, 2; Ord. No. 05-10A §§ 1, 2; Ord. No. 11-3; Ord. No.
12-16 §§ 1, 2; Ord.
No. O-13-17, § 1; Ord.
No. O-18-05, § 1; Ord.
No. O-20-18]
For the purpose of this chapter, the following words and phrases
shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE
A building or structure occupied or devoted exclusively to
an accessory use and on the same lot with and subordinate to a principal
building or structure. More particularly, but not by way of limitation,
an accessory building in a residential zone shall be construed to
include detached garages, greenhouses, sheds, gazebos, and other roofed
structures. Accessory structures shall be construed to include decks
and swimming pools, but shall not be construed to include paving or
at-grade patios. Where an accessory building is attached to a principal
building by a breezeway, roof, wall, or the like, such accessory building
shall be considered part of the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use upon any premises.
ADDITION
An extension or increase in floor area or height of a building
or structure.
ADMINISTRATIVE OFFICER
The Township Zoning and Planning Executive Secretary, unless
a different Township official is designated by this chapter or by
statute.
ADT
Average daily vehicular traffic movements for land uses of
various types.
ADULT DAY CARE FACILITIES
A building or buildings, or a part thereof, that provide
social and/or recreational activities in a group setting, with some
health monitoring, to adult persons who may not need regular medical
attention during the day, but may need supervision for safety and
activities of daily living.
ADULT RETIREMENT COMMUNITY
A development for residents of a minimum specified age that
emphasizes social and recreational activities but may also provide
personal services, limited health facilities, and transportation,
and which are regulated through the Federal Fair Housing Act.
AGRICULTURE
The cultivation of soil and the raising and harvesting of
products of the soil including but not limited to nursery, horticulture,
forestry and animal husbandry, whether for profit, private or personal
use.
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition
to or diminution of a building, a conversion of a building or part
thereof, removal of a building from one location to another, or a
change in use.
APARTMENT
One or more dwelling rooms, with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building.
APPLICANT
Any developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction for the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 36.
ASSISTED LIVING FACILITIES
A building, or buildings, that provides a residential living
environment assisted by congregate meals, housekeeping and personal
services for elderly persons, who have temporary or periodic difficulties
with one or more essential activities of daily living, such as feeding,
bathing, dressing or mobility.
ATTIC
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
AWNING, CANOPY or MARQUEE
A nonenclosed structure, permanently affixed to the wall
of a building, which is intended to serve as a covering over the ground
below and the objects thereon. For purposes of calculating setbacks,
canopies or marquees shall be construed to be a part of the building
to which they are affixed.
BASEMENT
That portion of a building which is partly or completely
below grade.
BOND
An insurance agreement approved by the Township Council underwritten
by a reputable insurance company, a portion of which may be cash as
determined by the Township Planning Board, to provide financial surety
for the act or default of an applicant in failing to comply with the
standards of this Code and the conditions of his approved plan.
BUFFER
A strip of land containing natural woodlands, earth mounds,
screening fence or wall, and/or other planted vegetation for the purpose
of making a physical or visual barrier.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by any person, animal
or thing, and having a roof.
BUILDING COVERAGE
The percentage of a lot covered by all principal and accessory
buildings, exclusive of uncovered and unenclosed decks, patios and
porches attached thereto. Cantilevers and overhangs shall not be included
in the calculation of building coverage if they do not extend more
than two feet from a building and are at least four feet above the
grade directly adjacent to the projection. Bay and bow windows shall
not be included in the calculation of building coverage if they are
constructed no lower than two feet from the level of the finished
floor of a residential structure and are no larger than 16 square
feet.
BUILDING HEIGHT
The vertical distance from grade plane to the average height
of the highest roof structure.
BUILDING LINE (or SETBACK LINE)
A line established by the zoning regulation within a lot
establishing the minimum distance between any building or portion
thereof and any front, side or rear property line.
CANNABIS RESEARCH AND DEVELOPMENT FACILITY
An organization holding a permit issued by the State of New
Jersey that authorizes the organization to operate as a medical cannabis
research and development facility, the operations of which shall be
limited to advancing the use of cannabis as medicine, improving the
lives of current registered qualifying patients as well as future
patients who could derive therapeutic benefit from the use of cannabis,
and furthering the knowledge of cannabis in the scientific and medical
communities.
CHANGE OF USE
The use of the building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured or the like, including a change from one permitted
use to another permitted use in the same zone.
COMMERCIAL VEHICLE
Every type of vehicle used for commercial purposes, including
but not limited to vehicles used to transport persons or property
for compensation or used in the furtherance of and/or performance
of a specific job or work function. This definition shall include
any vehicle bearing commercial license plates and/or displaying advertisements
or business insignia thereon, but not vehicles used for private or
personal transportation, recreational vehicles or farm vehicles.
COMMON OPEN SPACE
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 and/or community. 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 and/or community.
COMMON OWNERSHIP
Ownership of two or more contiguous lots of real property
by one person or by two or more persons owning such property in any
form of joint ownership.
COMMON/PARTY WALL
A vertical wall and/or horizontal separation forming a structural
part of two buildings or of two separately owned and/or rented units
in the same building.
COMMUNITY FACILITIES
Buildings, structures, recreational devices, service systems
and other facilities generally available to and/or operated for the
benefit of Township residents, including, but not limited to swimming
pools, tennis courts, building entries and passageways, roads, drainage
systems, pedestrian and bicycle pathways, sewage treatment plants
and other facilities operated or maintained by the Township.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter and personal
guidance, under such supervision as required, to 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, half-way houses, intermediate care facilities, supervised
apartment living arrangements, and hostels.
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
(C. 30:40-1-14), 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.
CONCEPT/INFORMAL PLAN
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Planning
Board and meeting the requirements of this chapter.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefore by the Planning Board.
CONSTRUCTION EQUIPMENT
Any equipment used in construction work, building or excavating,
usually of substantial size, which is operated in conjunction with
a commercial or industrial business, similar to but not normally registered
as a vehicle (synonymous with "machinery").
CONSTRUCTION VEHICLE
Every type of vehicle used in conjunction with construction
work, building or excavating, including transportation or material,
which is operated in conjunction with a commercial or industrial business.
CONTINUING CARE RETIREMENT COMMUNITY
An age-restricted development that provides a continuum of
accommodations and care, from independent living to long-term bed
care, pursuant to contracts to provide such accommodations and care
in exchange for the payment of regular fees and entrance fees.
"D" VARIANCE
Permission to depart from the literal requirements of the zoning regulations, Section
54-30 of this chapter, to permit:
A.
A use or principal structure in a district restricted against
such use or principal structure;
B.
An expansion of a nonconforming use;
C.
Deviation from a specification or standard pertaining solely
to a conditional use;
D.
An increase in the permitted floor area ratio as defined in
Section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4);
E.
An increase in the permitted density as defined in Section 3.1
of P.L. 1975, c. 291 (C. 40:55D-4), except as applied to the required
lot area for a lot or lots for detached one or two dwelling unit buildings
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision; or
F.
A height of a principal structure which exceeds by 10 feet or
10% the maximum height permitted in the district for a principal structure.
DECK
An unroofed structure of wood, masonry, metal, stone, asphalt,
or other substance, the floor level of which is supported by pillars
or posts and elevated above finished grade more than one foot. A deck
may either be freestanding or attached to a building.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure and any
use or change in the use of any building or other structure, or land
or extension or use of land, for which permission may be required
pursuant to this chapter.
DEVELOPMENT REGULATIONS
The Township zoning regulations, subdivision regulations,
site plan regulations, Official Map regulations or any other Township
regulation of the use and development of land, or amendment thereto,
adopted and filed pursuant to this chapter.
DRAINAGE RIGHT-OF-WAY
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 herein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the New Jersey Revised Statutes.
DWELLING UNIT
A building or part of a building including bath, cooking
and toilet facilities, designed and intended for occupancy as a residence
by one family. Types of dwelling units shall include:
B.
DUPLEXA residential structure designed and intended to contain two dwelling units in which each dwelling unit is separated by a vertical common wall or separation.
C.
TWO-FAMILY DWELLINGAny building which is comprised of two dwelling units, each of which contains a separate entrance and separate living, sleeping, sanitary and cooking facilities. The existence of a passageway between the two dwelling units of a two-family dwelling as herein defined shall not be construed to render the building a single-family building.
D.
SINGLE-FAMILY ATTACHED DWELLING OR TOWNHOUSESA dwelling unit in a structure containing at least three dwelling units in which each separate dwelling unit is attached to other similar dwelling units by one or more common walls, or positions thereof, extending from the foundation to the roof and further provided each dwelling unit has a separate front and rear or side entrance at the first floor level which provides direct access to said unit to and from the outdoors.
ELEMENTARY SCHOOL
Any school that is licensed by a governmental agency of the
State and meets the State requirements for elementary education.
ENVIRONMENTAL IMPACT STATEMENT
A statement in written and mapped form, prepared by an applicant for any application for development, which will permit the Township Planning Board and Environmental Commission to assess the impact of a proposed project upon the environment, and which statement complies with all provisions of Chapter
21.
FAMILY
A person or any number of persons related by blood, marriage
or legal adoption, including in-servants and foster children, living
together as a single, nonprofit, housekeeping unit and using certain
rooms and cooking facilities in common; or a group of persons, not
necessarily related, in the manner aforesaid living together as a
single, nonprofit, housekeeping unit, but not including the residents
of a hotel or of a boarding house or lodging house serving more than
two paying guests and which would not create an overcrowded residential
environment. Nothing herein contained shall be constructed to prevent
the placement of foster children in accordance with N.J.S.A. 40:55D-66(c).
FAST FOOD RESTAURANT
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages to the customer in a ready-to-consume
state for consumption whether within the restaurant building or for
carry-out with consumption off the premises, and whose principal method
of operation includes the following characteristic: foods, frozen
desserts, or beverages are usually served in edible containers or
in paper, plastic or other disposable containers.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been completed or fulfilled and the
required improvements have been installed and guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FINAL PLAT
The final map of all or a portion of the subdivision which
is presented to the Planning Board or Board of Adjustment for final
approval in accordance with these regulations, and which final map
when approved, shall be filed with a County Recording Officer.
FLOOR AREA RATIO
The gross floor area of a building or buildings compared
to the total area of the site.
FLOOR AREA/GROSS FLOOR AREA
The aggregate area of those interior portions of a building
enclosed by an exterior wall, and measured from the interior face
of the exterior wall, excluding, however, unfinished attic or basement
floors, open porches, breezeways and garages, except that enclosed
porches and patios which are heated and used year-round may be counted
in computing the floor area. Notwithstanding the above, if any part
or area of a basement floor in a building shall be devoted to the
permitted principal use, including but not limited to retail sales,
services or office space, such part or area shall be included in the
computation of floor area where such computation determines offstreet
parking requirements under the required parking section of this chapter.
GARAGE, PRIVATE
A detached accessory building or portion of principal building
designed primarily for the storage of licensed vehicles.
GARAGE, PUBLIC or GASOLINE SERVICE STATION
Any building, structure, lot or land in or upon which a business,
service or industry involving the fueling, maintenance or servicing,
and storage in connection therewith, of motor vehicles is maintained,
conducted, operated or rendered.
GARDEN CENTER
A commercial establishment selling plants and garden products,
seeds, fertilizer, tools, topsoil, mulch, stone, and other related
items primarily at retail to the public.
GAZEBO
A freestanding accessory structure with a roof but no walls.
GENERAL DEVELOPMENT PLAN
A Comprehensive Plan for the development of a planned development,
as provided by this chapter.
GRADE
The average finished ground elevation adjoining a building
at project completion, or the slope of a road, path, swale, or other
surface expressed as a percentage.
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or where the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
HOUSE OF WORSHIP
A church, synagogue, temple, mosque, or other facility that
is used for prayer by persons of similar beliefs; a special purpose
building that is architecturally designed and particularly adapted
for the primary use of conducting formal religious services on a regular
basis.
IMPERVIOUS COVERAGE
The percentage of a lot covered by all impervious surfaces,
including, but not limited to, buildings, structures, pavement, and
other land improvements that are highly resistant to infiltration
by water, but not including aboveground pools, paver patios, paver
walkways, and paver driveways.
INDEPENDENT LIVING FACILITIES
A building, or buildings or part thereof, offering individual
fully functional residency for elderly persons in a community setting
where meals may be shared and other social activities provided.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the Township, 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 failure to act under this chapter or the Municipal
Land Use Law.
KENNEL
A structure devoted to the Boarding, care and/or breeding
of dogs and cats.
LOT
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. Notwithstanding the above, and notwithstanding
any delineation on the Township Tax Map, if contiguous nonconforming
lots are in common ownership and shall have been treated by the owner
or owners as one lot, the entire land area so treated shall, for the
purposes of administrating and enforcing this chapter, be construed
to be one "lot." Notwithstanding the above, a lot in the R-B district
shall be defined as a parcel of land that is bounded on all sides
by the ring road, a public thoroughfare and throat roads or a subdivision
creating a separate lot approved by the Planning Board, or a parcel
of land that may be leased.
LOT AREA
The total square-unit content of any lot as measured within
the lot lines.
LOT FRONTAGE
That portion of a lot which is contiguous with a street right-of-way.
In the case of a through lot, the lot frontage shall be considered
that frontage upon which the majority of the buildings in the same
block front; provided that in case there has been no clearly defined
frontage established, the owner may, when applying for a building
permit, specify on his permit application which lot line shall be
considered the lot frontage. A corner lot shall be deemed to have
frontage on any abutting street. "Lot frontage" shall be synonymous
with "front lot line."
LOT LINE, REAR
That lot line most nearly opposite and most distant from
the front lot line. In the case of a triangular or otherwise irregularly
shaped lots, the rear lot line shall be an imaginary line parallel
to the front lot line and passing through that portion of the lot
line which is most distant from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. On a corner
lot, all lot lines other than front lot lines shall be deemed to be
side lot lines.
LOT WIDTH
The straight line distance between the two side lot lines
of any lot. Unless this chapter specifically indicates otherwise,
the lot width shall be measured at the required front yard setback
line.
LOT, CORNER
A lot at the junction of and having frontage on two or more
intersecting streets. A corner lot is also a lot bounded on two or
more sides by the same street.
LOT, DEPTH
The distance between the front and rear property lines of
any lot. If a lot shall not have parallel rear and front lines, the
average of such distances taken at ten-foot intervals and perpendicular
to the front street side line throughout the width of the lot shall
constitute the lot depth.
MAINTENANCE GUARANTEE
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to cash, surety bonds and letters of credit under
the circumstances specified by this chapter.
MALL ENTITY
That part of the R-B district contained within and circumscribed
by the ring road.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted pursuant
to Section 19 of Chapter 291, Laws of New Jersey 1975.
MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER
An organization issued a permit, including a conditional
permit, by the State of New Jersey to operate as a medical cannabis
cultivator, medical cannabis manufacturer, medical cannabis dispensary,
or clinical registrant. This term shall include the organization's
officers, directors, board members, and employees.
MEDICAL CANNABIS CLINICAL REGISTRANT
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
MEDICAL CANNABIS CULTIVATOR
An organization holding a permit issued by the State of New
Jersey that authorizes the organization to: possess and cultivate
cannabis and deliver, transfer, transport, distribute, supply, and
sell medical cannabis and related supplies to other medical cannabis
cultivators and to medical cannabis manufacturers, clinical registrants,
and medical cannabis dispensaries, as well as to plant, cultivate,
grow, and harvest medical cannabis for research purposes. A medical
cannabis cultivator permit shall not authorize the permit holder to
manufacture, produce, or otherwise create medical cannabis products,
or to deliver, transfer, transport, distribute, supply, sell, or dispense
medical cannabis, medical cannabis products, paraphernalia, or related
supplies to qualifying patients, designated caregivers, or institutional
caregivers.
MEDICAL CANNABIS DISPENSARY
An organization issued a permit by the State of New Jersey
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries and from clinical registrants; deliver,
transfer, transport, distribute, supply, and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of Subsection i. of Section 27 of P.L. 2019,
c. 153 (N.J.S.A. 24:6I-20); and possess, display, deliver, transfer,
transport, distribute, supply, sell, and dispense medical cannabis,
medical cannabis products, paraphernalia, and related supplies to
qualifying patients, designated caregivers, and institutional caregivers.
A medical cannabis dispensary permit shall not authorize the permit
holder to cultivate medical cannabis, to produce, manufacture, or
otherwise create medical cannabis products.
MEDICAL CANNABIS MANUFACTURER
An organization issued a permit by the State of New Jersey
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator or a clinical
registrant; purchase or obtain medical cannabis products from another
medical cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to other medical cannabis manufacturers
and to medical cannabis dispensaries and clinical registrants. A medical
cannabis manufacturer permit shall not authorize the permit holder
to cultivate medical cannabis or to deliver, transfer, transport,
distribute, supply, sell, or dispense medical cannabis, medical cannabis
products, paraphernalia, or related supplies to registered qualifying
patients, designated caregivers, or institutional caregivers.
MEZZANINE
An intermediate level or levels between the floor and ceiling
of any story within an aggregate floor area of not more than 1/3 of
the area of the room in which the level or levels are located.
MINOR SITE PLAN
The development plan of one or more lots which does not involve
planned development, any new street, alteration of existing traffic
patterns, or extension of any off-tract improvement which is to be
prorated pursuant to N.J.S.A. 40:55D-42, and which is limited to the
following classes of development:
A.
Interior renovations of an existing building; or
B.
Building additions and the construction of any accessory structure,
provided that such uses are specifically permitted in the zone district
and that such alteration or construction does not exceed 2,000 square
feet in ground coverage; or
C.
Alteration or improvement of the exterior facade of an existing
building, such as new windows, doorways, or siding material; or
D.
The improvement of existing site facilities (i.e., parking,
drainage, generators or similar equipment).
MINOR SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing site plan
applications for proper compliance with this chapter and reporting
back to the Planning Board as to its findings. Nothing herein shall
be construed as granting power to the Site Plan Committee to give
any approvals or agree to any modifications of the preliminary site
plan requirements. Notwithstanding any other provision of this chapter,
the Committee's power and authority shall be limited to recommendation
to the entire Board for action or final decision.
MINOR SUBDIVISION
A subdivision of land for the creation of not more than four
lots, including the parent lot, and fronting on an existing public
street or private street approved by the Planning Board; provided
that such subdivision does not involve a planned development, any
new street, or the extension of any off-tract improvement, the cost
of which is to be prorated pursuant to N.J.S.A. 40:55D-42. Notwithstanding
the above, in the event that more than one minor subdivision application
is submitted for any tract of land or part thereof within a five-year
period from the date of approval of the first minor subdivision, and
if both subdivisions combined would meet the definition of a "major
subdivision," the subsequent subdivision shall be construed as a major
subdivision and processed accordingly.
MINOR SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivision
applications 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 and the Board's bylaws. Notwithstanding
any other provision of this chapter, the Committee's power and authority
shall be limited to recommendation to the entire Board for action
or final decision.
MUNICIPAL AGENCY
The Township Planning Board or Board of Adjustment or Township
Council when acting pursuant to this chapter and any agency created
by this chapter that is acting pursuant to this chapter.
MUNICIPAL BUILDINGS AND PUBLIC USES
Any use by a municipality of any property owned by it or
leased to it, including but not limited to, libraries, municipal buildings,
public utility buildings and structures, Department of Public Works
buildings and facilities, Fire Department stations and Police Department
stations.
MUNICIPAL USE
Any use by the Township of Rockaway of any property owned
or leased by it.
NEIGHBORHOOD BUSINESS/COMMERCIAL
Retail shopping outlets designed and intended to serve day-to-day
or convenience needs of the residents of an immediate neighborhood.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning regulations,
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.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the zoning
regulations, 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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
NONRESIDENTIAL ZONES/DISTRICTS
Those zone districts established in this chapter and known
as B-1, B-2, R-B, O-1, O-2, O-3, OB-RL, PED, I and M Zone Districts.
In addition, those portions of the OR-3, ORI-EH and R-P Districts
which are used for nonresidential purposes shall be construed to be
nonresidential zone districts.
NURSING HOME FACILITIES
A building or buildings or part thereof, that provide a residential
living environment assisted by nursing care and services for elderly
persons who, because of their physical or mental condition, require
nursing care and services above the level of room and board.
OCCUPANCY or OCCUPIED
The residing of a person or persons in a dwelling unit overnight,
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, public or industrial building.
OFF-TRACT
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.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of Chapter
291, Laws of New Jersey 1975. Such map shall be deemed conclusive
with respect to the location and width of streets and public drainage
ways and the location and extent of flood control basins and public
areas including public parks, playgrounds, trails, paths and other
recreation areas, public open spaces, scenic and historic sites, sites
for schools and other public buildings and structures, whether or
not such streets, ways, basins or areas are improved or unimproved
or are in actual physical existence.
ON-TRACT
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
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OUTDOOR STORAGE
The accumulation, collection, stockpiling or warehousing
of vehicles, merchandise, materials, and machinery outside the enclosed
confines of a building, including, but not limited to, sand, gravel,
dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete,
insulation, construction equipment, construction vehicles, delivery/service
vehicles, household equipment, other vehicles, and containers utilized
for storage purposes. The term "outdoor storage" shall not include
the outdoor display of merchandise for sale on the premises.
OUTPATIENT REHABILITATION FACILITIES
A building or buildings, or a part thereof, which provides
medical, physical therapy, and social or psychological services in
a coordinated manner to persons who come to the facility to receive
services and depart from the facility on the same day.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be processed for development under this chapter.
PARKING AREA
An open area, other than a street or other public road or
way, used for the parking of motor vehicles, including access drives
or aisles for ingress and egress thereto and therefrom.
PARKING SPACE
A space either outdoors or enclosed within a structure, denoted
by painted lines and used for the parking of a motor vehicle outside
of the street right-of-way. The term "parking space" shall not include
any aisle or driveway used for access.
PATIO
An unroofed structure of wood, masonry, metal, stone, asphalt,
or other substance, the floor level of which is at or within one foot
of the finished grade.
PERFORMANCE GUARANTEE
Any security which may be accepted by the Township, including
but not limited to surety bonds, cash and letters of credit under
the circumstances specified in this chapter in lieu of a requirement
that certain improvements be made before the Planning Board or other
municipal agency approves a subdivision plat or site plan.
PERSON
Includes any person, individual, business entity, partnership,
association, corporation, company, organization or legal entity of
any kind or nature.
PLANNED DEVELOPMENT
Unit development, planned unit residential development, residential
cluster, planned commercial development or planned industrial development.
PLAT
The map or maps of a subdivision.
PORCH
A roofed, above-grade structure that may be open or enclosed
and is attached to or accessible from the principal building or structure.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291, prior to final approval after specific
elements of a development plan have been agreed upon by the Planning
Board and the applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the administrative office for Planning
Board or Board of Adjustment consideration and preliminary approval
and meeting the requirements of this chapter.
PRELIMINARY SITE PLAN
The preliminary development plan indicating the proposed
layout of the site which is submitted to the administrative office
for Planning Board or Board of Adjustment consideration and preliminary
approval and meeting the requirements of this chapter.
PRINCIPAL USE OR STRUCTURE
A principal use is the primary or predominant use of any
lot. A principal structure is one devoted to the principal use.
PRIVATE CLUBHOUSE
A building and related facilities owned or operated by a
corporation or association serving a private residential development,
established for the social and recreational enrichment of its members,
not for profit, whose members pay dues and meet certain prescribed
qualifications for membership, and which shall include clubhouses
as well as office and maintenance facilities serving the private residential
community.
PRIVATE SCHOOL
Any building or group of buildings, the use of which meets
State requirements for elementary or secondary education and which
does not secure the major part of its funding from any governmental
agency.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his family or guests,
for swimming, diving and other aquatic sports and recreation. The
term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground, holding less than 500 gallons
of water.
PROFESSIONAL USE
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative or executive purpose as distinguished from a shop
or store.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreation
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC SCHOOL
Any building or group of buildings, the use of which meets
State requirements for elementary or secondary education and which
is part of a school district that serves as a unit for State financing
and administration of elementary and secondary education.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, mains, valves or structures, or sewer pipes, valves
or structures, maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm of the local, State or Federal government
or by any privately owned public utility corporation.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and is primarily designed as
a temporary living accommodation for recreational, camping and travel
use and includes, but is not limited to, travel trailers, truck campers,
camping trailers, self-propelled motor homes, boats and boat trailers.
REGIONAL BUSINESS/COMMERCIAL
Retail shopping outlets and/or general offices used, designed
and intended to serve the shopping needs of the entire Township as
well as additional regional demand beyond the Township boundaries.
RESIDENTIAL CLUSTER
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 as an appurtenance.
RESIDENTIAL ZONES/DISTRICTS
Those zone districts established in this chapter and known
as R- 20AC, R-5AC, R-88, R-40, R-20, R-13, RMF-5, RMF-8, RMF-8A and
RMF-15.
RESUBDIVISION
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.
SEARCH AREA
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
SECONDARY SCHOOL
Any school that is licensed by a governmental agency of the
State and authorized to award diplomas for secondary education.
SENIOR HOUSING
Multifamily housing designed for persons 52 years of age
or older.
SHED
An unheated and/or non-air-conditioned building, whether
on a permanent or temporary foundation, designed and intended for
storage, but not for storage of an automobile, and accessory to the
permitted use on the premises.
SIGN
Any device, freestanding or attached to a building or structure
or erected, painted, represented or reproduced upon or in any building
or structure, which displays, reproduces or includes any letter, work,
name, number, model, insignia, banner, design, device or representation
used for one or more of the following purposes: to identify the premises
or occupant or owner of the premises; to advertise any trade, business,
profession, industry, service or other activity; to advertise any
product or item; to advertise the sale or rental or use of all or
any part of any premises, including that upon which it is displayed;
to direct vehicular or pedestrian traffic, other than State, County
or municipal highway and roadway markers, and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to advertise or intended to advertise or promote
the interests of any person. The term "sign" shall not be construed
to mean any non-illuminated sign in the interior of any structure
unless specifically designated as such in the zoning regulations of
this chapter.
SINGLE OWNERSHIP
Ownership of a separate parcel of real property, whether
by one person or by two or more persons owning property as joint tenants,
as tenants by the entirety, or as tenants in common not adjacent to
land in the same ownership.
SITE PLAN
A development plan of one or more lots on which is shown the information required by Section
54-28, plus any other information reasonably necessary and required in order to make an informed determination pursuant to this chapter.
SITE PLAN OR TENANCY COMMITTEE
A committee of at least three Planning Board or Board of
Adjustment members appointed by the Chairman of the respective Board
for the purpose of reviewing site plan applications for proper compliance
with this chapter and reporting back to the Planning Board or Board
of Adjustment as to its findings. Nothing herein shall be construed
as granting power to the Site Plan Committee to give any approvals
or agree to any modifications of the preliminary site plan requirements.
Notwithstanding any other provision of this chapter, the Committee's
power and authority shall be limited to recommendation to the entire
Board for action or final decision.
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
STORY ABOVE GRADE
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
(1) more than six feet above grade plan; (2) more than six feet above
the finished ground level for more than 50% of the total building
perimeter; or (3) more than 12 feet above the finished ground level
at any point.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing State, County or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; 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 a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. Within and adjacent
to the R-B district, the following terms are also used for streets:
A.
ACCESS ROADSThose roads which provide access to parking areas from throat roads and ring roads which service only the internal circulation of designated parking areas.
C.
RING ROADThe circumferential collector street circumscribing the mall entity and all ancillary parking areas inside said collector street.
D.
THROAT ROADSThose three divided streets which connect Mt. Hope Avenue with the ring road and those two divided streets which connect Mt. Pleasant Avenue with the ring road.
STREET SIDELINE
The outermost line of the whole area devoted to street purposes
on either side thereof. Street sideline is synonymous with street
right-of-way line, but generally throughout this chapter, the former
is used in conjunction with existing streets and the latter is used
in conjunction with proposed streets.
STRUCTURE
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.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
A.
Divisions of land found by the Planning Board or Subdivision
Committee to be for agricultural purposes where all resulting parcels
are five acres or larger in size;
B.
Divisions of property by testamentary or intestate provisions;
C.
Divisions of property by court order, including but not limited
to judgments of foreclosure;
D.
Consolidation of existing lots by deed or other recorded instrument;
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
and certified by the Administrative Officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the Tax Map or atlas of the Township. The term "subdivision"
shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing 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 and the Board's by-laws. Notwithstanding any other provision
of this chapter, the Committee's power and authority shall be limited
to recommendation to the entire Board for action or final decision.
TEMPORARY STORAGE CONTAINER
A portable containerized property storage facility or unit intended to be temporarily utilized upon the exterior of residential premises only as provided and regulated at Subsection
54-30.8B(6)(a) for the purpose of storing all types of items of personal and household property either to facilitate movement of such property to commercial storage facilities or to facilitate the moving of persons from household unit to household unit.
TOWER HEIGHT
Height measured from the lowest finished grade at the base
of the tower to the highest point on the tower or antenna, excluding
ten-foot lightning arrester.
TRAILER
A container which may be transported over the road by traction
and which is used or may be used for purposes of hauling goods, objects
or materials of any kind.
TRANSCRIPT
The typed or printed verbatim record of the proceedings or
reproduction thereof.
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals or electromagnetic
waves for wireless communications.
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
Buildings and/or structures and equipment for the receiving, sending or conditioning of wireless telecommunications except for satellite dish antennas, which shall be regulated under Subsection
54-30.9A of the Land Use and Development Ordinance of the Township of Rockaway. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities." This definition shall not include any tower height, as defined herein, that is under 60 feet and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
YARD, FRONT
An open, unoccupied space (unless occupied by a use or structure
specifically permitted by this chapter) extending across the full
width of any lot and lying between the street right-of-way and the
nearest line of any building on such lot. On corner lots, any yards
facing any abutting streets shall be deemed front yards for the purposes
of this chapter.
YARD, REAR
An open, unoccupied space (unless occupied by a use or structure
specifically permitted by this chapter), extending across the full
width of any lot between the rear line of any principal building thereon
and the rear lot line of the lot.
YARD, SIDE
An open, unoccupied space (unless occupied by a use or structure
specifically permitted by this chapter), located between the front
yard and the rear yard of any lot and between either side lot line
and the side line of the principal building nearest thereto.
[Ord. No. O-13-22, § 4]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
AGRICULTURAL IMPERVIOUS COVER
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction for the purposes of supporting common farm site
activities, including, but not limited to, the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
AGRICULTURAL OR HORTICULTURAL USE
The use of land for common farm site activities, including,
but not limited to, the production, harvesting, storage, grading,
packaging, processing, and the wholesale and retail marketing of crops,
plants, animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
DISTURBANCE, ULTIMATE
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation: a) contain no known man-made structures (whether above
or below the surface of the ground) other than such features as old
stone rows or farm field fencing; and b) consist of exposed rock outcroppings,
or areas which, through exposure to natural processes (such as weathering,
erosion, siltation, deposition, fire, flood, growth of trees or other
vegetation) are no longer impervious or visually obvious, or ecologically
restored areas which will henceforth be preserved as natural areas
under conservation restrictions.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
HIGHLANDS ACT
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
The determination made by the NJDEP of whether a project
proposed for the Preservation Area is a major Highlands development,
whether any such major Highlands development is exempt from the Highlands
Act, and whether the project is consistent with the applicable area-wide
water quality management plan.
HIGHLANDS AREA
That portion of the municipality for which the land use planning
and regulations are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan.
HIGHLANDS REGION
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.
IMPERVIOUS SURFACE
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
IMPERVIOUS SURFACES, CUMULATIVE
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage or square feet, or
as a percentage of the total lot or parcel area.
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1.1 et seq.
PLAN CONFORMANCE
The process by which a municipality revises the Master Plan,
development regulations and other regulations related to the development
and use of land to conform them with the goals, requirements, and
provisions of the Regional Master Plan in accordance with the Highlands
Plan Conformance Guidelines.
PLANNING AREA
Lands within the Highlands Region not within the Preservation
Area (N.J.S.A. 13:20-7).
PRESERVATION AREA
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.
PUBLIC COMMUNITY WELL
A well that provides water to a public water system serving
at least 15 service connections used by year-round residents or regularly
serving at least 25 year-round residents.
PUBLIC NONCOMMUNITY WELL
A well that is not a public community well and that provides
water to a public water system regularly serving at least 25 individuals
for at least 60 days in any given calendar year.
REGIONAL MASTER PLAN (RMP)
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array (as defined by the Highlands Act, N.J.S.A. 13:20-1 et seq.,
as amended).
STRUCTURE
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.