This Chapter shall be known and may be cited as the "2001 Roxbury
Township Land Development Ordinance."
A.Â
The purposes of this Ordinance are as follows:
1.Â
To plan and guide the appropriate use or development of all land
in a manner which will promote the public health, safety, morals,
and general welfare.
2.Â
To secure safety from fire, flood, panic and other natural and man-made
disasters.
3.Â
To provide adequate light, air and open space.
4.Â
To ensure that land development does not conflict with the development
and general welfare of neighboring municipalities, the County and
the State as whole.
5.Â
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
maintenance of the character of neighborhoods, preservation of the
environment and quality of life.
6.Â
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
7.Â
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements.
8.Â
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which will result in congestion or blight.
9.Â
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
10.Â
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land.
11.Â
To encourage planned developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site.
12.Â
To encourage senior citizen community housing construction.
13.Â
To encourage coordination of various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and of achieving more efficient use of land.
14.Â
To promote utilization of renewable energy resources.
15.Â
To promote the maximum practicable recovery and recycling of
recyclable materials from municipal solid waste through the use of
planning practices designed to incorporate the State Recycling Plan
goals and to complement municipal recycling programs.
16.Â
To regulate the location of buildings and establish standards
of development; to establish building lines and the location of buildings
designed for residential, commercial, industrial, office or other
uses within such lines and to fix reasonable standards to which buildings
or structures shall conform.
17.Â
To prohibit incompatible uses; to prohibit uses, buildings or
structures which are incompatible with the character of development
of the permitted uses within specified zoning districts and surrounding
areas.
18.Â
To regulate alterations of existing buildings; to prevent such
additions to, and alterations or remodeling of, existing buildings
or structures as would not comply with the restrictions and limitations
imposed hereunder.
19.Â
To conserve the value of land and buildings throughout the Township.
20.Â
Within the community's resources, to meet the future housing
needs of the citizens of the Township of Roxbury and the region and
to assure a full range of housing types to meet all income levels.
21.Â
To minimize the increase in volume and rate of surface runoff
due to development.
22.Â
To reduce public expenditures for emergency operations, evacuations
and restorations.
23.Â
To prevent damage to transportation and utility systems.
24.Â
To maintain the useful life of natural and man-made waterways
and impoundments by minimizing sedimentation.
25.Â
To prevent dangers to life and property from excessive water
runoff and clogging of drainage structures.
26.Â
To maintain sufficient flows in streams and rivers for recreation,
health and aesthetic purposes.
27.Â
To prevent hazardous materials, nitrates and pesticides from
entering public water supplies and other bodies of water.
28.Â
To reduce public expenditures for repair of public facilities
resulting from soil erosion and sedimentation.
29.Â
To prevent contamination of the Township's aquifers.
30.Â
To insure an adequate potable water supply for all development
within the Township.
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically or implicitly repealed
by this chapter, or any private restrictions placed upon property
by covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes a greater restriction upon the use
of buildings, or premises or upon the height of buildings or lot coverage,
or requires greater lot area, or larger yards, or other open spaces
than are imposed or required by such rules, regulations or permits
or by such private restrictions, the provisions of this chapter shall
control.
[Ord. No. 15-09 §§ 1,
2; Ord. No. 3-11 §§ 1,
2]
For the purpose of this Ordinance, unless the context clearly
indicates a different meaning, the term "shall" indicates a mandatory
requirement, and the term "may" indicates a permissive action. The
singular shall also mean the plural and person shall also mean other
legal entities.
shall mean existing or proposed road shown on the adopted
County or Township Master Plan or Official Street Map which adjoins
or lies within a lot or parcel of land submitted for subdivision or
site plan approval.
shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home, or through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home through the use of public funds to an additional dwelling unit which shall be deed restricted for occupancy by and affordability to a qualified low or moderate income household in accordance with subsections 13-7.826 and 13-7.830.
shall mean a building, structure or use which is customarily
associated with and is subordinate and incidental to the principal
building, structure or use and which is located on the same lot therewith,
including but not limited to, antennas (including parabolic and satellite
dish antennas), garages, carports, barns, decks, kennels, sheds, non-portable
swimming pools and all roofed structures. Any accessory building attached
to the principal building shall be considered part of the principal
building. In residential districts, no accessory building or use shall
be used for a business use conducted for profit apart from the main
building or uses, except for home offices, as permitted by Ordinance.
[Ord. No. 01-07 § 1]
shall mean an official of the Township responsible for the
enforcement of any provision of this Ordinance or the Official Map,
or the successor to such official designated pursuant to a reorganization
of the municipal administration.
shall mean the absence of drainage facilities, drainage easements,
or drainage rights-of-way leading to, along or through a street, road,
drainage structure, or property, either within or exterior to a proposed
subdivision or site plan, of such location, size, design, construction
or condition, which would provide adequately for storm drainage, or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure or property, or remove the threat
of such damage.
shall mean conditions or situations creating, imposing, aggravating,
or leading to impractical, unsafe, or unsatisfactory conditions on
a subdivider's property or any adjacent property, such as inadequate
drainage rights-of-way, inadequate drainage facilities, insufficient
street width, or unsuitable street grades, or locating lots in a manner
not adaptable for the intended purpose without danger to health or
peril from flood or erosion.
shall mean the production, keeping or maintenance, for sale,
lease or personal use, of plants and animals useful to man, including
but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products, poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats,
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals,
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables, nursery, floral, ornamental and greenhouse
products; or lands devoted to a soil conservation or forestry management
program.
shall mean the growing and harvesting of plant life and the
keeping of non-household animals for the enjoyment of the residents
on the property and not for commercial purposes.
shall mean a minor way which is used primarily for vehicular
service access to the back or the side or properties otherwise abutting
on a street.
shall means a change in the supporting members of a structure,
an addition, diminution, change in use or conversion of a structure
or a part thereof, or removal of a structure from one location to
another. This definition shall not be construed to mean that a change
in use from one use permitted in a zone to another use permitted in
that same zone shall be an alteration.
shall mean a place where animals or pets are given medical
or surgical treatment. Use as a kennel shall be limited to short-term
boarding and shall be accessory and incidental to such hospital use.
shall mean any building, structure or premises in which five
or more small animals are kept, boarded, bred or trained for commercial
gain.
shall mean any apparatus which is designed for the purpose
of receiving television, radio, microwave, satellite or similar signals.
See "Dwelling, Multi-Family."
shall mean a person submitting an application for development.
This definition is interchangeable with the definition of "Developer".
shall mean the application form and all accompanying documents required for approval of a zoning permit, subdivision, site plan, planned development, general development plan, conditional use, zoning variance (including, without limitation, variances pursuant to N.J.S.A. 40:55D-70c and/or N.J.S.A. 40:55D-70d), a permit for the disturbance of steep slopes, or direction of the issuance of a permit pursuant to this Ordinance. With respect to subdivisions, site plans and general development plans, an application for development shall comprise all items, fees and documents required under subsections 13-3.201, 13-3.401, 13-501.1, 13-3.701, 13-3.801, 13-3.901.1, 13-3.1201, 13-6.101.1, 13-6.101.2, 13-6.102 through 13-6.107, 13-6.1 Schedule A, and/or 13-6.1 Schedule B, as applicable, and 13-7.818F.
shall mean the date the approving authority acts on an application
for development.
shall mean a plan which has been granted final approval by
the Planning Board or Board of Adjustment of the Township of Roxbury.
shall mean the Roxbury Township Planning Board unless Zoning
Board of Adjustment approval is required by this Ordinance.
shall mean a residence for the frail elderly, licensed by
the Department of Human Services, which provides rooms, meals, personal
care, and supervision of self-administered medication.
shall mean a space having one-half (1/2) or more, but not
all, of its floor-to-ceiling height above the average level of the
adjoining ground and with a floor-to-ceiling height of not less than
seven (7) feet. A "basement" shall be counted as a story if used for
business, industrial, office, or residential purposes. Basement floor
area shall be counted for purposes of calculating floor area ratio
(FAR) if the basement is used for any purpose other than storage and/or
mechanical systems related to the operation of the building.
shall mean the area bounded by one (1) or more streets or
a municipal boundary of sufficient size to accommodate a lot or lots
of the minimum size required in this Ordinance.
shall mean the Roxbury Planning Board and the Roxbury Zoning
Board of Adjustment.
shall mean a structure having a clear span of more than twenty
(20) feet designed to convey vehicles and/or pedestrians over a watercourse,
railroad, street, or any depression.
shall mean an area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit view, sound, lights or
other nuisances from one site to adjacent sites or properties.
shall mean a combination of materials to form a construction
adapted for permanent, temporary, or continuous occupancy by human,
animals and/or property and having a roof. (See "Accessory Building")
shall mean a building in which is conducted the principal
use of the site on which it is situated.
shall mean the vertical distance from the average finished
grade at the four corners of the foundation: (a) to the highest point
of the roof for flat or shed roofs, (b) to the deck level for mansard
roofs, or (c) to the midpoint between eaves and the ridge level, for
gable, hip and gambrel roofs. Where a building has more than one roof,
the building height shall be the maximum of the heights determined
for all of the roofs. Building height shall be determined exclusive
of chimneys, spires, towers, elevator penthouses, tanks, antennas,
air-conditioning equipment and similar projections; provided, however,
that such projections shall not cover more than ten (10%) percent
of the roof area, shall not exceed the maximum height permitted in
the zoning district by more than five (5) feet, and shall be shielded
by a parapet wall, or other architectural relief.
shall mean an office associated with executive, management,
professional, financial, legal, marketing, real estate, travel, administrative
and/or technical business activities, but shall not include any premises
primarily used for the sale of products.
shall mean a governmental construction project or acquisition
of equipment or real property.
shall mean an establishment solely engaged in the sale of
used cars.
shall mean a roofed structure providing space for the parking
of motor vehicles and enclosed on not more than three (3) sides.
shall mean the hard or paved surface portion of a street
customarily used by vehicles in their regular course of travel. Where
there are curbs, the cartway includes the curbs and that portion between
the curbs. Where there are no curbs, the cartway is that portion between
the edges of the paved and/or graded width.
shall mean a space with less than one-half (1/2) of its floor-to-ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than seven (7) feet. A cellar
will not be counted as a story, nor will it be counted in calculating
floor area ratio (FAR).
shall mean a signed, written statement by the appropriate
officer that specific constructions, inspections, tests, or notices
where required, have been performed and that such comply with this
Ordinance.
shall mean a watercourse with a definite bed and banks which
confine and conduct continuously or intermittently flowing water.
shall mean the area of a building which provides for the
care of children outside of the homes of their parents or guardians
and which is licensed by the Department of Human Services pursuant
to P.L. 1983 (C. 30:5B-1 et seq.). The floor area occupied exclusively
as a child care shall be excluded in calculating a building's parking
requirements and floor area ratio (FAR).
shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits, and for the handling of people and goods by such
means as terminals, stations, warehouses, and other storage buildings
or trans-shipment points.
See "Residential Cluster."
shall mean any use other than residential, institutional
or governmental uses.
shall mean a parcel or parcels of land, or an area of water,
or a combination of land and water, together with the improvements
thereon, and designed and intended for the ownership, use or enjoyment
of the residents and owners of the development. Common property may
contain such complementary structures and improvements as are necessary
and appropriate for the benefit of the residents and owners of the
development.
shall mean 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 or owners of the development. Common open
spaces mean only such structures and improvements as are appropriate
for passive recreation.
shall mean ownership of two (2) or more contiguous parcels
of real property by one (1) person, or by two (2) or more persons
owning such property jointly, as tenants by the entirety, or as tenants
in common, or otherwise.
shall mean a benefit to the Township of Roxbury, which benefit
need not be Township-wide but may be for the benefit of the immediate
area of the development.
shall mean a community residence for the developmentally
disabled, a community shelter for victims of domestic violence, a
community residence for persons with head injuries, or a community
residence for the terminally ill, as defined in the Municipal Land
Use Law, N.J.S.A. 40:55D-66.2.
shall mean an application form completed as specified by this Ordinance and the rules and regulations of the Boards and all accompanying documents and information required for approval of the application for development in accordance with applicable checklists as described in Article VI of this Ordinance. An application shall become complete only upon being deemed so by the Approving Authority or designated administrative officer.
shall mean an opportunity for an applicant to describe a
proposed development to the Planning Board before presentation of
a formal application for the development, in an effort to obtain the
general views and advice of the Board regarding the proposed development.
Neither the Planning Board nor the applicant shall be bound by the
concept plan or the review, and no commitments shall be made by either
party as to any future action on an application.
shall mean 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 Ordinance, and upon the issuance of
an authorization therefor by the Planning Board.
shall mean an easement precluding future or additional development
of the land and requiring that it be preserved in its natural state.
shall mean building material and refuse resulting from construction,
remodeling and/or repair operations on buildings, pavement and/or
other structures.
shall mean the officer responsible for the administration
of the Uniform Construction Code of the Township of Roxbury. Whenever
the term "Building Inspector" may appear in this chapter, it shall
be construed to mean the Construction Official.
shall mean a composite of the plan elements for the physical
development of Morris County, with the accompanying maps, plats, charts
and descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
shall mean the Morris County Planning Board.
shall mean any open, unoccupied area which is bounded by
three (3) or more building walls.
shall mean those areas identified by the USGS in its "Alamatong
Wellhead Protection Study" (dated December 1998, including a map entitled
"Land Use/Landcover in Contributing Areas at Full Allocation Pumping
Rates from Wells in and near Alamatong Wellfield") as areas of twelve
(12) years or less travel time of recharge to actual or potential
public water supply wellheads. Category 1 Areas are those identified
in the USGS Study as having a recharge travel time to such wellheads
of five (5) years or less. Category 2 Areas include all other Critical
Aquifer Recharge Areas with recharge-to-wellhead travel time of greater
than five (5) years but not greater than twelve (12) years.
shall mean sensitive natural lands and waters which, when
altered, would lead to the degradation of lands, water quality, or
unique topographic features; such areas shall include, without limitation,
frequently flooded soils, water retention soils, potential prime aquifer
recharge areas, slopes in excess of fifteen (15%) percent, floodplains,
wetlands, stream corridors, ridgelines and scenic vistas.
shall mean a dead end street or roadway with a turnaround
at the closed end.
shall mean a structure with a clear span of twenty (20) feet
or less under a driveway, road, railroad, or pedestrian walk, not
incorporated in a closed circulation system.
shall mean a portion of land surface or area from which earth
has been removed or will be removed by excavation, or the depth of
excavation below original ground surface.
shall mean the date on which the application is deemed administratively sufficient, is assigned a docket number, and is scheduled for a public hearing to determine completeness, in accordance with the procedures set forth in subsections 13-3.202, 13-3.403, 13-3.501, 13-3.503, 13-3.702, 13-3.803, 13-3.901, 13-3.902, as applicable; provided, however, that if the application is subsequently determined to be incomplete pursuant to the aforesaid ordinance provisions, as applicable, and the incomplete items are not submitted within the time period provided therein, then the date of submission as defined herein will refer to the date on which a new application is filed, if any, and complies with the requirements of this definition.
shall mean a street or portion of a street which is accessible
by a single means of ingress or egress without a turnaround at the
end of the street.
shall mean a dedication of land for construction, reconstruction,
widening, repairing, maintaining or improving a street, public or
private, and for the construction, reconstruction or alteration of
facilities related to the safety, convenience or carrying capacity
of said street, including, but not limited to, curbing, pedestrian
walkways, drainage facilities, traffic control devices and utilities
in or along road rights-of-way.
shall mean the permitted number of dwelling units per gross
area of land to be developed.
shall mean the standards governing the design and review of subdivision and site plan improvements as set forth in Article VIII of this Ordinance; such standards shall be complied with in all development applications except to the extent expressly waived by the approving Board or to the extent preempted by RSIS.
shall mean a facility designed to collect and contain stormwater
runoff and release it from the property at a peak rate not greater
than that resulting from an equivalent storm event prior to the development
of the property.
shall mean the legal or beneficial owner or owners of a lot
or of any land to be included in a proposed development, including
the holder of an option or contract to purchase, or any other person
having enforceable proprietary interest in such land. See "Applicant."
shall mean the division of a parcel of land into two (2)
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this
Ordinance.
See "Residential Cluster."
shall mean development other than planned development or
cluster development.
See "Planned Development."
shall mean a zoning, subdivision, site plan, or Official
Map Ordinance or other municipal regulation of the use and development
of land or amendment thereto adopted and filed pursuant to the Municipal
Land Use Law (N.J.S.A. 55D-1 et seq.).
shall mean a channel constructed across or at the bottom
of a slope.
shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce ground water recharge where practical, to lessen
non-point pollution, and to maintain the integrity of stream channels
for their biological functions as well as for drainage; it also includes
the means necessary for water supply preservation or prevention or
alleviation of flooding.
shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with Chapter One of Title 58 of the Revised Statutes.
shall mean a building or portion thereof where food and/or
beverages are sold in a form ready for consumption and where all or
a significant portion of the consumption of same takes place or is
designed to take place outside the confines of the building in a motor
vehicle or on the site.
shall mean a facility associated with a commercial use by
which customer transactions are conducted at a window or kiosk to
which the customer drives in a motor vehicle.
shall mean a building occupied or intended for occupancy
as separate living quarters for more than two (2) families or more
than two (2) households with access for each family or household to
and from the building exterior directly or through a common hall,
and further provided with separate cooking, sleeping and sanitary
facilities for the exclusive use of the occupants of each dwelling
unit. Certain features of a multiple-family dwelling may be provided
in common, including heating facilities, electric and gas service,
off-street parking, yards and open space. Multiple-family dwellings
may include buildings in cooperative or lease-hold ownership or in
condominium ownership.
shall mean a building occupied or intended for occupancy
exclusively for one (1) family or one (1) household with direct access
from the outside and further provided with cooking, sleeping and sanitary
facilities for the exclusive use of the occupants of the unit. A single
family dwelling may accommodate not more than one roomer, and there
shall be no physical changes to the dwelling associated therewith.
See "Roomer."
shall mean a building occupied or intended for occupancy
as separate living quarters for no more than two (2) families or two
(2) households with separate cooking, sleeping and sanitary facilities
for the exclusive use of the occupants of each unit, which are separated
from each other by vertical walls or horizontal floors.
shall mean a one-family dwelling attached to two (2) or more
one-family dwellings by common vertical walls.
shall mean a dwelling which is not attached to any other
dwelling.
shall mean a one-family dwelling attached to one other one-family
dwelling by a common vertical wall.
shall mean one (1) or more rooms, occupied or intended for
occupancy as separate living quarters by one (1) family or household,
provided that access by no less than two (2) means is provided to
and from the building exterior directly or through a common hall,
and that separate cooking, sleeping and sanitary facilities are provided
within the dwelling for the exclusive use of the occupants thereof.
shall mean a non-ownership interest in land which confers
a right to limited use or uses thereof.
shall mean an artificial structure, usually of earth or gravel,
constructed above the natural ground surface and designed to hold
back water from overflowing a level tract of land, to retain water
in a reservoir or a stream in its bed, or to carry a roadway or railroad;
e.g. a dike, a seawall, and a fill.
shall mean a municipal advisory body created pursuant to
N.J.S.A. 40:56A-1 et seq.
shall mean a detailed analysis of the environmental consequences
of a proposed development, written in accordance with provisions of
this Ordinance.
shall mean the detachment and movement, of soil or rock fragments
by water, wind, ice or gravity.
shall mean the erection, construction, alteration or maintenance
by public utilities or municipal or other governmental agencies, or
privately if approved by a municipal agency as part of development
plan approval, of underground gas, oil, electrical, telephone, steam,
water or sewage transmission lines or systems, including water towers
and underground and/or surface equipment including but not limited
to: poles, wire, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants with other similar equipment and accessories
therewith, reasonably necessary for the furnishing of adequate service
to the zone or neighborhood where located in furtherance of the public
health, safety or general welfare.
shall mean removal or recovery by any means whatsoever of
minerals, mineral substances or organic substances, other than vegetation,
from the water, land surface, or beneath the land surface, whether
exposed or submerged. Normal agricultural activities shall not be
considered to be excavation.
shall mean any number of persons maintaining a nonprofit
household. A "family" shall include foster children placed with a
family by the State Division of Youth and Family Services or duly
incorporated child care agency but shall not include roomers or members
of a fraternity or sorority. (See also "Household.")
shall mean the private residence of a family day care provider
which is registered as a family day care home pursuant to the "Family
Day Care Provider Registration Act", P.L. 1987, c. 27 (C. 30:5B-16
et seq.).
shall mean an area of land which is actively devoted to agricultural
or horticultural or dairy use which occupies no less than five (5)
acres, exclusive of the land upon which the farmhouse is located and
such additional land as may actually be used in connection with the
farmhouse as provided in N.J.S.A. 54:4-23.3, 4-23.4, 4-23.11.
shall mean a plan which provides for use of land, within
its capabilities and treatment, within practical limits, according
to chosen use, to prevent further deterioration of soil and water
resources.
shall mean an establishment whose principal business is the
sale of pre-prepared or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building or off premises.
shall mean sand, gravel, earth or other materials of any
composition whatsoever placed or deposited by any person or persons.
See "Embankment."
shall mean the official action of the Planning Board or Board
of Adjustment taken on a major subdivision or site plan that has received
preliminary approval, 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 approval of a minor subdivision or minor site plan
shall have the same effect as a simultaneous preliminary and final
approval.
shall mean a lot not satisfying the minimum frontage requirement
of the zone district and configured in the shape of a flag, with its
road frontage provided by a "flag staff" strip of land.
shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of
inland or tidal waters and/or the unusual and rapid accumulation or
runoff of surface waters from any source.
shall mean the susceptibility of a specific land use at a
particular location to damage by flooding and the potential of the
specific land use to increase off-site flooding or flood-related damages.
shall mean that portion of the flood hazard area outside
of the floodway based on the total area inundated during the regulatory
base flood plus twenty-five (25%) percent of the regulatory base flood
discharge.
shall mean the flood plain, consisting of the floodway and
the flood fringe area.
shall mean as established in the Flood Plains Regulations
Article.
shall mean the same as the "Flood Hazard Area."
shall mean the portions of the floodplain adjoining the channel
which are reasonably required to carry and discharge the floodwater
and flood flow of any natural stream.
shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls. "Floor area"
shall not include: (a) areas devoted exclusively for off-street parking
and/or loading space for motor vehicles, (b) any space where the floor
to ceiling height shall be less than seven (7) feet, (c) open porches,
open canopies, and exterior balconies, or (d) areas devoted exclusively
to use as a child care center. (See "Child Care Center.")
shall mean the ratio of the floor area of all buildings on
a lot to the lot area.
shall mean particles of gas-borne matter, not including process
material, arising from the combustion of solid fuel, such as coal
or wood.
shall mean a building or portion thereof, other than a carport,
used for the storage of one (1) or more vehicles. If such a building
or portion thereof is accessory to the residential occupancy of the
premises, and no service is rendered to the public nor any business
conducted therein, then it is a private garage. Any garage other than
a private garage is a public garage.
shall mean to be stored or parked entirely within the perimeter
walls of a garage.
shall mean an application for development in the PO/LI District submitted and reviewed in accordance with the procedures set forth in Section 13-3.12 of this Ordinance.
shall mean the Township Council of the Township of Roxbury.
shall mean any department, commission, independent agency
or instrumentality of the United States or of the State of New Jersey,
or of any County, city, Township, village, authority, district or
other governmental unit.
shall mean a degree of inclination, or a rate of ascent or
descent, with respect to the horizontal.
shall mean the grade prior to excavating or filling.
shall mean the final grade or elevation of the ground surface
conforming to the proposed design.
shall mean any stripping, cutting, filling, or stockpiling
of soil and/or rock, or any combination of such operations.
shall mean a permit authorizing grading work to be performed
under this chapter.
shall mean any material or substance which, pursuant to Federal
or State regulations, is listed as a hazardous substance or exhibits
one or more hazardous characteristics, and is present in sufficient
quantity to require the submission of a Community Right to Know Survey
pursuant to the Worker and Community Right to Know Act, N.J.S.A. 34:5A-1
et seq.
shall mean the Highlands Water Protection and Planning Act,
N.J.S.A. 13:20-1 et seq.
shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
shall mean any real property, man-made structure, natural
object or configuration, or any portion or group of the foregoing,
of historical, archeological, cultural, scenic, or architectural significance.
shall mean any office use conducted in a dwelling unit, by
one or more full-time residents thereof, subordinate to and conducted
as an accessory use to the residential use and complying with standards
established in this Ordinance. Such home offices are a permitted accessory
use in all residential zone districts.
shall mean an incorporated, nonprofit organization operating
in the development under recorded land agreements through which (a)
each lot or unit owner shall be a member; (b) each occupied dwelling
unit is subject to a charge for a proportionate share of the expenses
for the organization's activities and maintenance, including any maintenance
costs levied against the association by the Township; and (c) each
owner and tenant has a right to use the common property. The specifics
of the Homeowners Association obligation shall be subject to Subdivision
or Site Plan review.
shall mean a building or group of buildings consisting of
individual sleeping units designed for transient travelers and not
for permanent residents.
shall mean a family living together in a single dwelling
unit with common access and common use of all living and eating areas
and all areas and facilities for the storage and preparation of food
in a dwelling unit.
shall mean the percentage of the lot area which is improved
or is proposed to be improved with buildings and structures, including
but not limited to driveways, parking lots, pedestrian walkways, signs
and other man-made improvements, which cover the ground surface and
are more impervious than the natural ground surface. Provided, however,
that for residential lots, the following structures shall not be deemed
to constitute impervious coverage: (a) decks which allow water to
flow between the decking to the ground beneath; (b) areas utilizing
gravel or decorative stone in conjunction with landscaping; (c) children's
play structures, and (d) pools. For residential lots seventy-five
(75%) percent of the area of bricks, concrete pavers, and/or bluestone
laid in sand shall be considered impervious coverage. This definition
shall not apply to stormwater management calculations.
shall mean public and quasi-public nonprofit uses promoting
the public good, such as houses of worship, schools teaching academic
subjects, libraries, and public utilities (excluding workshops, warehouses,
garages, storage yards, and wireless telecommunications technology).
shall mean any person, whether residing within or without
the municipality, whose rights 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.
shall include improvements and fixtures on, above or below
the surface.
shall mean any activity involving the clearing, cutting,
excavating, filling, grading and any other activity which causes land
to be exposed to the danger of erosion.
shall mean the planting of seed to establish grass or other
types of ground covers originating from seed, the planting of nursery
grown plant materials to establish ground covers, the planting of
nursery grown deciduous or evergreen shrubs or trees.
shall mean a person who possesses special knowledge and ability
in the principles and methods of land surveying, including the surveying
of areas for their correct determination and description and for conveyancing,
and for the establishment or re-establishment of land boundaries,
and the plotting of lands and subdivisions thereof, and such topographical
survey and land development as is incidental thereto, and is therefore
qualified to practice land surveying as attested by his license in
this State as a land surveyor.
shall mean 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.
shall mean a design technique permitting one or more lots
in a subdivision to be undersized provided that other lots in the
subdivision are oversized by an equal or greater area, resulting in
an average minimum lot size as otherwise provided in the Land Use
ordinance for the pertinent zoning district. Average lot size is calculated
by adding the lot size by all the lots in the subdivision and dividing
this total by the number of lots in the subdivision. Under lot averaging
there is no increase in density or intensity of use of the subject
property.
shall mean a lot abutting the intersection of two or more
streets, where the interior angle of intersection does not exceed
135 degrees. Each corner lot shall have two (2) front yards, one (1)
side yard and one (1) rear yard, the side and rear yard to be designated
at the time of application.
shall mean a lot which has access to a public or private
road by means of a narrow strip of property connecting the flag portion
of the lot with the road.
shall mean a lot other than a corner lot.
shall mean an interior lot which extends from one street
to another.
shall mean any lot adjoining a waterway.
shall mean the computed area contained within the lot lines,
but not including any street rights-of-way.
shall mean the area occupied by all buildings on a lot measured
on a horizontal plane around the periphery of the foundation(s) and
including the area under the roof of any structure supported by columns,
but not having walls, as measured around the outside of the outermost
extremities of the roof above the columns.
shall mean the percentage of the lot area which is improved
or is proposed to be improved with principal and accessory buildings
and structures, including driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface.
shall mean the average of the horizontal distances between
the front lot line and the rear lot line, or extension thereof, measured
perpendicular to the front lot line at either end and at the midpoint
of the front lot line.
shall mean a line of record bounding a lot.
shall mean the relocation of a boundary line between two
(2) adjoining lots, provided that both lots are conforming after the
adjustment, or that the pre-existing degree of nonconformity is not
increased, and provided further that no new lots are created. A lot
line adjustment does not require an application for subdivision approval
under this Ordinance. (See also "Resubdivision.")
shall mean the lot line separating a lot from a street right-of-way.
shall mean the lot line opposite the front lot line or lines,
or in the case of triangular or otherwise irregularly shaped lots,
a line ten (10) feet in length entirely within the lot, parallel to
or at a maximum distance from the front lot line.
shall mean any lot line other than a front or rear lot line.
shall mean the distance between the side lot lines measured
along the front setback line.
shall mean any security, which may be accepted by the municipality
for maintenance of any improvements required by this Ordinance including,
but not limited to surety bonds, letters of credit under circumstances
authorized by the Municipal Land Use Law, and cash.
shall mean any site plan not classified as a minor site plan.
shall mean a subdivision not classified as a minor subdivision.
shall mean the fee paid pursuant to a Mandatory Development
Fee Ordinance.
shall mean an ordinance which prohibits development pursuant
to an existing permitted use in the zoning ordinance without compelling
the affected developer to contribute monies to the municipality's
affordable housing fund.
shall mean a unit of housing which consists of one or more
transportable sections which are substantially constructed off site
and, if more than one section, are joined together on site; if built
on a permanent chassis; is designed to be used, when connected to
utilities, as a dwelling on a permanent or non-permanent foundation;
and is manufactured in accordance with the standards promulgated before
a manufactured home by the Secretary pursuant to the "National Manufacturing
Housing Construction and Safety Standards Act of 1974" as amended
and the standards promulgated for a manufactured or mobile home by
the Commissioner pursuant to the "State Uniform Construction Code
Act" as amended.
shall mean a composite of one or more written or graphic
proposals for the development of the Township prepared and adopted
pursuant to the Municipal Land Use Law. N.J.S.A. 40:55D-28
shall mean the chief executive of the municipality, whatever
his/her official designation may be, except that in the case of municipalities
governed by municipal council and municipal manager, the term "mayor"
shall not mean the "municipal manager" but shall mean the mayor of
such municipality.
shall mean an intermediate level between the floor and ceiling
of any store or covering not more than thirty-three (33%) percent
of the floor area of the room in which it is located.
shall mean any operation or process which extracts ore, metals,
minerals, chemicals, salts, petroleum products or precious stones
from the ground or from the bed of a body of water.
shall mean a development plan for less than 600 square feet
of floor area and less than 1,000 square feet of impervious surface,
provided that such site plan (a) does not involve planned development,
any new street, or extension of any off-street improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42, and (b) contains the
information reasonably required in order to make an informed determination
as to whether the requirements established by ordinance for approval
of a minor site plan have been met.
shall mean any subdivision of land that does not involve,
(a) the creation of more than two (2) new lots plus a remaining parcel
(remainder) for a total of three lots, all of which front on an existing
street, within a five (5) year period; (b) a planned development;
(c) any new street or the extension of Township facilities; (d) the
extension of any off-tract improvements, the cost of which is to be
prorated pursuant to C. 40:55D-42.
shall mean an establishment primarily engaged in the retail
sale of new or used motor vehicles or motorized marine craft; permitted
accessory uses are the maintenance of a service and repair shop, and
the retail sale of parts and accessories.
shall mean the application of suitable materials on the soil
surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
shall mean N.J.S.A. 40:55D-1 et seq., as amended.
shall mean the Township of Roxbury.
shall mean the ground surface in its original state before
any grading, excavation or filling.
shall mean structures for which the "start of construction"
commenced on or after the effective date of this Ordinance.
shall mean a building which does not conform to one (1) or
more of the regulations of this Ordinance for the zone in which it
is located.
shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this Ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
shall mean a structure, the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of this 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.
shall mean any smoke, solid particles or fly ash, odors,
liquid wastes, solid wastes, radiation, noise, vibration, glare or
heat.
shall mean a facility designed to provide daytime care or
instruction for five (5) or more children from two (2) to five (5)
years of age, inclusive, and operated on a regular basis licensed
by the State Department of Human Services.
shall mean a building providing shelter and/or supplemental
health care for the elderly or infirm and meeting the standards, and
licensed by the State of New Jersey, to operate as a nursing home.
shall mean and includes, but is not limited to any structure,
fill, excavation, channel modification, rock, gravel, refuse or matter
in, along, across or projecting into any channel, watercourse or flood
hazard area which may impede, retard or change the direction of the
flow of water, either in itself or by catching or collecting debris
carried by such water, or that is placed where the flow of water might
carry the same downstream to pose a danger to life or property.
shall mean the map, with changes and additions thereto, adopted
and established, from time to time, by resolution of the Board of
Chosen Freeholders of the County of Morris pursuant to N.J.S.A. 40:27-5.
shall mean a map adopted by the Governing Body in accordance
with Article 5 of the Municipal Land Use Law, which map shall be deemed
conclusive with respect to the location and width of the streets and
public drainage ways and the location and extent of flood control
basins and public areas, whether or not such streets, ways, basins
or areas are improved or unimproved or are in actual physical existence.
shall mean the interpretations of the soils described in
the Morris Soil Survey of the National Cooperative Soil Survey of
the Soil Conservation Service, United States Department of Agriculture,
published by the Morris County Soil Conservation District.
shall mean the individual map sheets that are part of the
Morris County Soil Survey of the National Cooperative Soil Survey
of the Soil Conservation Service, United States Department of Agriculture,
published by the Morris County Soil Conservation District.
shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or the closest half of the street
or right-of-way abutting the property of which the lot is a part.
shall mean not located on the property which is the subject
of a development application nor on the closest half of the street
or right-of-way way abutting the property of which the lot is a part.
shall mean located on the lot in question, exclusive of any
abutting street or right-of-way.
shall mean located on the property which is the subject of
a development application or on the closest half of the street or
right-of-way abutting the property of which the lot is a part.
shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
area may be improved with only those buildings, structures, and other
improvements that are designed to complement the natural openness
of the land or facilitate active or passive recreation.
shall mean open space conveyed or otherwise dedicated to
the municipality.
shall mean any public or private parking area or garage,
including the traffic aisles and access driveways.
shall mean an open area, other than a public or private road,
street, or way, used for the parking of motor vehicles and containing
traffic aisles, driveways and parking spaces.
shall mean off-street space for the parking of one motor
vehicle. Such a parking space shall have an area of not less than
nine (9) feet by eighteen (18) feet exclusive of access drive or aisles,
and shall have adequate provision for ingress and egress. A ten (10)
foot width shall be provided in parking lots where shopping carts
are utilized.
shall mean, for purposes of notice, any applicant for development,
the owners of the subject property, and all owners of property and
government agencies entitled to notice under this Ordinance or the
Municipal Land Use Law as amended.
shall mean a test designed to determine the ability of ground
to absorb water.
shall mean any security, which may be accepted by the municipality,
including but not limited to surety bonds, letters of credit under
circumstances authorized by the Municipal Land Use Law, and cash.
shall mean a certificate issued to perform work under this
Ordinance.
shall mean any use which shall be allowed, subject to the
provisions of this Ordinance.
shall mean any person to whom a permit is issued in accordance
with this Ordinance.
shall mean a corporation, company, association, society,
firm, partnership or joint-stock company, as well as an individual,
the State and all political subdivisions of the State or any agency
or instrumentality thereof.
shall mean any substance or mixture of substances labeled,
designed, intended for or capable of use in preventing, destroying,
repelling, sterilizing or mitigating any insects, rodents, nematodes,
predatory animals, fungi, weeds and other forms of plant or animal
life or viruses, except viruses on or in persons or animals. The term
"pesticide" shall also include any substance or mixture or substances
labeled, designed or intended for use as a defoliant, desiccant or
plant regulator.
shall mean an area of a minimum contiguous size as specified
by this Ordinance to be developed according to a plan as a single
entity containing one (1) or more structures, with appurtenant common
areas to accommodate commercial or office uses, or both, and other
uses incidental to the predominant use as may be permitted by this
Ordinance.
shall mean any planned unit development, planned unit residential
development, residential cluster, planned commercial development or
planned industrial development.
shall mean an area of minimum contiguous size as specified
by this Ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial, retail, office, restaurant and hotel uses,
and other uses incidental to the predominant use as may be permitted
by this Ordinance. Multiple businesses shall be subject to single
overall site management for maintenance and upkeep of all common elements
and aesthetic coordination of the development.
shall mean an area of at least ten (10) contiguous acres
to be developed according to a plan as a single entity containing
one or more structures with an appurtenant common area to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this Ordinance.
shall mean an area with a specified minimum contiguous acreage
of ten (10) acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in this Ordinance.
shall mean an area with a specified minimum contiguous acreage
of five (5) acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses all primarily
for the benefit of the residential development.
shall mean the Planning Board of the Township of Roxbury.
shall mean a map or maps of a subdivision or site plan.
shall mean the sketch map of a subdivision or site plan of
sufficient accuracy to be used for the purpose of discussion of a
concept plan.
shall mean the final map of all or a portion of a subdivision
or site plan which is presented to the Planning Board or Board of
Adjustment for final approval in accordance with this Ordinance.
shall mean the preliminary map indicating the proposed layout
of the subdivision or site plan which is submitted to the Planning
Board or Board of Adjustment for consideration and preliminary approval.
shall mean the conferral of certain rights pursuant to this
Ordinance prior to final approval after specific elements of development
plan have been agreed upon by the Planning Board or Board of Adjustment
and the applicant.
shall mean architectural drawings, prepared during early
and introductory stages of the design of a project, illustrating in
a schematic form, its scope, scale, appearance and relationship to
its site and immediate environs.
shall mean the primary or predominant use of the premises.
shall mean an engineer duly licensed by the State of New
Jersey.
shall mean an office associated with the practice of a business
requiring professional education and licensing, including without
limitation, accounting, architecture, dentistry, engineering, law,
medicine, optometry and planning.
shall mean a use which is not permitted in a zone district.
shall mean existing or proposed (a) public parks, playgrounds,
trail, paths and other recreational areas; (b) other public open spaces;
(c) scenic and historic sites; and (d) sites for schools and other
public buildings and structures.
shall mean a master plan, capital improvements program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
shall mean the land reserved or dedicated for the installation
of storm water sewers or drainage ditches or required along a natural
stream or watercourse for preserving the biological as well as the
drainage function of the channel and providing for the flow of water
to safeguard the public against flood damage, sedimentation and erosion
and to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, and to lessen
nonpoint pollution.
shall mean any utility subject to rate regulation by the
State of New Jersey Board of Regulatory Commissioners.
shall mean a well serving any system for the provision to
the public of piped water for human consumption, if such system has
at least fifteen (15) service connections or regularly serves at least
twenty-five (25) individuals daily at least sixty (60) days out of
the year.
shall mean any operation or process which extracts stone,
clay, sand, gravel, or soil from the ground or from the bed of any
body of water.
shall mean the majority of the full authorized membership
of the Board.
shall mean the portion of rainfall which becomes direct surface
runoff.
shall mean a place where sports, leisure time activities
and customary and usual recreational activities such as set forth
in major group #79 of the Standard Industrial Classification Manual
is carried out.
shall mean recreational activities which involve more than
minimal improvements to and/or disturbance of the natural state of
the land.
shall mean recreation facilities operated as a business and
open to the public for a fee.
shall mean recreational activities which involve the enjoyment
of the land in its natural state with minimal improvements, such as
footpaths and interpretative signs.
shall mean an accessory use located on the same lot as the
principal permitted use and designed to be used primarily for the
occupants of the principal use and their guests.
shall mean facilities operated by a nonprofit organization
and open only to bona fide members and guests of such nonprofit organization.
shall mean facilities operated by the Township, County, or
other governmental agency.
shall mean a vehicular type portable structure without permanent
foundation, which can be towed, hauled or driven and primarily designed
as temporary living accommodation for recreational, camping and travel
use and including but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes.
shall mean a contiguous 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 appurtenance.
shall mean the number of dwelling units per gross acre of
residential land area including streets, easements and open space
portions of a development.
shall mean the statewide standards governing residential
site plan and subdivision improvements promulgated by the State of
New Jersey Department of Community Affairs pursuant to N.J.S.A. 40:55D-40.4.b.
shall mean an establishment in which food or drink is prepared,
served and consumed within the principal building.
shall mean (a) 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 (b) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument. Lot line adjustments, as defined herein, shall not,
standing alone, require approval as a resubdivision and shall not
be deemed to create additional lots for the purpose of classifying
a development which includes one or more lot line adjustments as a
minor or major subdivision.
shall mean establishments engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
shall mean establishment providing services or entertainment,
as opposed to products, to the general public, including eating and
drinking places, hotels and motels, finance; real estate and insurance,
personal and business services, motion pictures, amusement and recreational
services, miscellaneous repair services, education, health and social
services, museums, art galleries, and miscellaneous services.
shall mean a pond, pool or basin used for the permanent storage
of water runoff; runoff collected in a retention basin is not released
via surface discharge, but may infiltrate into the ground water.
shall mean a natural elevated topographical feature containing
slopes of less than twenty-five (25%) percent and located at an elevation
of 800 feet or greater above mean sea level at the top of a hill,
mountain, plateau or promontory, where the land surrounding such an
elevated topographical feature includes twenty-five (25%) percent
+ steep slopes.
shall mean the total width of property occupied by a street,
water course, utility path, or other way, and within which all improvements
and rights of access are confined.
shall mean a legally recordable instrument granting to the
developer the right to discharge collected waters upon lands exterior
to the development.
shall mean a person other than a member of a family occupying
a part of any dwelling unit who, for a consideration, is furnished
sleeping accommodations in such dwelling unit and may be furnished
meals as part of this consideration. A single family dwelling may
accommodate not more than one roomer, and there shall be no physical
changes to the dwelling associated therewith. (See "Dwelling, Single-Family.")
shall mean a structure or planting consisting of fencing,
berms and/or evergreen trees or shrubs providing a continuous view
obstruction within a site or property.
shall mean the person selected by the Planning Board or Board
of Adjustment to act as secretary to carry out specific duties as
directed by the Planning Board or the Board of Adjustment, including
the acceptance of applications of development.
shall mean any solid material that has settled down from
state of suspension and has been moved by water, ice, wind, gravity
or other means.
shall mean the transportation and deposition of sediment.
shall mean the reservoir space allotted to the accumulation
of submerged sediment during the life of the structure.
shall mean the closest distance between front, side, or rear
lot line and the front, side or rear line of a building, or any projection
thereof, except for uncovered stairs; setback is measured perpendicular
to the building line.
shall mean a line within the bounds of a lot parallel to
a property line at a distance equaling the respective required front,
rear or side yard. Where the street sideline is coterminous with or
lies within the bounds of a lot, required setbacks shall be measured
from the street sideline.
shall mean six (6) or more retail commercial establishments
located in one (1) or more buildings or structures and designated
as a planned commercial development as defined herein.
shall mean a triangular shaped portion of land established
at intersections in accordance with the requirements of this Ordinance
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to limit or obstruct sight distance.
shall mean as defined in Section 13-8.9.
shall mean a sign designating the name of the street.
shall mean a temporary or permanent facility designed in
accordance with standards of the applicable Federal, State, County
or municipal agencies to collect silt and eroded soil from the area
of a development and/or to retain stormwater runoff.
shall mean any form of ownership by one or more persons of
a lot not adjacent to a lot or lots partially or entirely in the same
ownership.
shall mean any plot or parcel of land or combination of contiguous
lots or parcels of land.
shall mean a development plan of one (a) or more lots on
which is shown (1) the existing and proposed conditions of the lot,
including but not necessarily limited to topography, vegetation, drainage,
flood plains, marshes and waterways; (b) the location of all existing
and proposed buildings, drives, parking spaces, walkways, means of
ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting, screening devices; and (c) any other
information that may be reasonably required in order that an informed
determination may be made by the approving Board pursuant to this
Ordinance.
shall mean degree of deviation of a surface from the horizontal,
usually expressed in percent or degree.
shall mean all unconsolidated mineral and organic material
of natural origin that overlies bedrock and which can be readily excavated.
shall mean the governmental subdivision of this State which encompasses this municipality, organized in accordance with the provisions of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).
shall mean a plan which indicates necessary land treatment
measures, including a schedule for installation, which will effectively
minimize soil erosion and sedimentation. Such measures shall be at
least equivalent to the standards and specifications as adopted by
the Morris Soil Conservation District.
shall mean standards (a) adopted by this Ordinance regulating
noise levels, glare, vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matter, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matter as may be reasonably required
by the Township; or (b) required by applicable Federal or State laws
or municipal ordinances.
shall mean any storm drainage technique which retards or
detains runoff, such as a detention or retention basin, parking lot
storage, rooftop storage, porous pavement, dry wells or any combination
thereof.
shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
if there be no floor above it, then the space between the floor and
the ceiling next above it.
shall mean a partial story under a gable, hip or gambrel
roof, the wall plates of which on at least two (2) opposite exterior
walls are not more than four (4) feet above the floor of such story.
shall mean a permit issued by the N.J. Department of Environmental
Protection under the provisions of N.J.S.A. 58:1-26.
shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is (a) an existing State, County
or municipal roadway, or (b) a street or way shown upon a plat heretofore
approved pursuant to law, or (c) approved by official action, or (d)
a street or way on a plat duly filed and recorded in the office of
the County Clerk of Morris County prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; it
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For purposes of this
chapter, streets shall be classified in Chapter 13-8.601.
shall mean any activity which removes or significantly disturbs
the vegetative surface cover. Agricultural cultivation shall not be
considered stripping.
shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land or water, including, but not
limited to buildings, paving, dams, walls, levees, bulkheads, dikes,
jetties, embankments, wharves, piers, docks, landings, obstructions,
pipelines, causeways, culverts, roads, railroads, bridges and the
facilities of any authority, utility, municipality, County, State
or other governmental agency.
shall mean the division of a lot, tract or parcel of land
into two (2) 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 Ordinance if no new streets are created:
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size,
providing that the Planning Board shall require suitable proofs that
said division be for agricultural purposes only, and may impose such
suitable limitations and controls, including restrictive deed covenants,
as it may deem advisable with respect to the use thereof for any non-agricultural
purpose;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Conveyances so as to combine existing lots by deed or other
recorded instrument;
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The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found to conform to the requirements of this Ordinance and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the Township; and
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Lot line adjustments. (See "Lot Line Adjustment.")
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The term "subdivision" shall also include the term "resubdivision."
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shall mean a committee of at least three (3) Planning Board
members appointed by the Chairperson of the Board for the purpose
of reviewing subdivisions and site plans in accordance with the provisions
of this Ordinance, and making recommendations regarding their completeness
to the Board.
shall mean water collected upon or conveyed along the surface
of land.
shall mean swimming pools that are not otherwise permanently
installed and do not require water filtration, circulation and purification;
do not exceed two (2) feet in depth; do not exceed a water surface
area of one hundred (100) square feet; and do not require braces or
supports when located above ground.
shall mean 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 five hundred
(500) gallons of water and having a side depth of eighteen (18) inches
or less.
shall mean stabilizations of erosive or sediment-producing
areas.
shall mean a temporary building or trailer without permanent
foundation used for field office purposes or the storage of building
materials or machinery in conjunction with an approved construction
project, but specifically excluding and prohibiting sleeping accommodations
for residential habitation.
as used in this Ordinance the present tense shall include
the future; the singular number shall include the plural; and the
plural the singular. The word "shall" is always mandatory. The words
"zone" and "district" are used synonymously.
shall mean the surface soil and soil material to a depth
of six (6) inches tillage, its equivalent in cultivated soil, or the
original or present "A" horizon plus "B" horizon (if in top six (6)
inches), as defined by the National Cooperative Soil Survey of the
United States Department of Agriculture, before its removal or displacements
for any purposes whatsoever. "Topsoil" shall be capable of supporting
vegetation indigenous to the area.
shall mean a building designed for or occupied by no more
than one (1) family or household and attached to other similar buildings
or structures by party or common walls extending from the foundation
to the roof and providing two (2) direct means of access to and from
the building exterior and provided with separate cooking, sleeping
and sanitary facilities and separate facilities for electric service,
heating, electric facilities and gas service. For the purpose of this
Ordinance, a "townhouse" may include fee simple, condominium or cooperative
ownership or any combination thereof.
shall mean property which is the subject of a development
application.
shall mean a vehicular chassis or structure designed to be
hauled by another vehicle and to carry any structure, object, material,
person, animal or thing.
shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
shall mean the specific purpose for which land or a building
is designed, arranged or intended or for which it is or may be occupied
or maintained.
shall mean stabilization or erosive or sediment-producing
areas by covering the soil with:
shall mean tree trunks, tree stumps, branches, brush, shrubbery,
or residue of any of the foregoing.
shall mean the location of a motor vehicle on site for a
period of time in excess of that which is required to engage in the
on-site activity.
shall mean an open area, other than a right-of-way or public
parking area, used for display, sale or rental of new or used vehicles
in operable condition and where no repair work is done.
shall mean any lots, lands, buildings, or structures used
or intended to be used for dispensing or sale of vehicular fuels and/or
for service or maintenance of motor vehicles or any component thereof,
including without limitation facilities which provide lubrication
or install tires, batteries, brakes, transmissions, shock-absorbers,
or mufflers. A facility which only installs and/or repairs automotive
audio systems, such as radios and car stereo components, is not classified
as a vehicular service station.
shall mean approval expressly granted by the approving Board for an applicant to depart from the literal requirements of the design standards set forth in Article VIII of this Ordinance.
shall mean storage and distribution of goods, merchandise,
commodities and/or materials.
[Added 11-9-2021 by Ord. No. 25-21]
shall mean any natural or artificial collection of water,
whether permanent or temporary.
shall mean any natural or artificial watercourse, stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully, ravine or wash in which water flows in a definite direction
or course, either continuously or intermittently, and which has a
definite channel, bed and banks, and shall include any area adjacent
thereto subject to inundation by reason of overflow or floodwater.
shall mean the ability of a channel or floodway to transport
flow as determined by its shape, cross-sectional area, bed slope and
coefficient of hydraulic friction.
shall mean a natural or constructed waterway, usually broad
and shallow, covered with erosion-resistant grasses used to conduct
surface water from a field, diversion or other site features.
shall mean an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation; provided, however, that,
in designating a wetland, the 3-parameter approach (i.e. hydrology,
soils and vegetation) enumerated in the April 1, 1987 interim-final
draft "Wetland Identification and Delineation Manual" developed by
the United States Environmental Protection Agency, and any subsequent
amendments thereto shall be used.
shall mean antenna of any type of design, which is or may
be used for the delivery of wireless telecommunications.
shall mean any building, structure, or equipment, including
without limitation transmitters, power sources, or other equipment,
except antennas or towers, which are or may be used for the delivery
of wireless telecommunications.
shall mean the area which houses any combination of WT Equipment.
shall mean any person, business organization, or other entity,
of any kind, whether public or private, which seeks to install, operate,
or maintain any combination of WT Technology within the boundaries
of the Township of Roxbury, or which already operates or maintains
such WT Technology.
shall mean collectively WT Antennas, WT Equipment, WT Equipment
Compound, and WT Towers.
shall mean a vertical structure which is or may be used to
support any WT Antenna or other WT Equipment, whether freestanding
or attached to any existing structure.
shall mean an open space which lies between the principal
or accessory building or buildings and the nearest lot line, unoccupied
and unobstructed from the ground upward except as permitted in this
Ordinance.
shall mean a space extending the full width of the lot between
any building and the front lot line, and measured perpendicular to
the building at its closest point to the front lot line. Said front
yard shall be unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this Ordinance.
shall mean a space extending the full width of the lot between
any building and the rear lot line, and measured perpendicular to
the building at its closest point to the rear lot line.
shall mean a space located on either side of a building between
the front and rear building line and between the side of the building
and the nearest side lot line.
shall mean a document signed by the Zoning Officer which
(a) is required by this Ordinance as a condition precedent to the
commencement or change of a use, including a change in the business
entity and/or tenant occupying a building or space, or the erection,
construction, reconstruction, alteration, conversion, or installation
of a structure or building, and (b) acknowledges that such use, structure
or building conforms and complies with the provisions of this Ordinance,
or that variances or design waivers therefrom have been granted by
the approving Board.
