Part 1 – Words and Terms For purposes of this ordinance, phrases and words are defined as follows:
AADT(Average annualized daily traffic): the total yearly traffic volume in both directions of travel divided by 365.
ACCESSA way or means of approach to provide vehicular entrance to a property.
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which:
A. Is subordinate to and serves a principal building or a principal use.
Is subordinate in area, extent and purpose to the principal building or a principal use.
Is ordinarily and customarily associated within the principal use and contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal building or principal use served.
Is located on the same lot as the building or principal use served, except as otherwise expressly authorized by the provisions of this ordinance.
ADDITIONThe construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of the improvement.
ADMINISTRATIVE AGENTThe entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Flemington to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, to only low- and moderate-income households.
[Ord. No. 2017-9 § 1]
A. For the purpose of the determination of completeness of development applications, it shall be the Borough Engineer.
For the purpose of certification of conformity of a lot to development regulations, it shall be the Zoning Officer.
For the purpose of maintaining maps and documents for public inspection, it shall be the Planning Board.
For the Historic Preservation Commission, it shall be the Planning Board Secretary.
For all other purposes it shall be the Borough Clerk.
AFFORDABLE RENTAL RESIDENCEA dwelling in a building containing one, or more, dwelling units, to be available for rent at prices affordable to low and moderate income households under Council on Affordable Housing (COAH) regulations.
ALLEYAn alley shall mean any public or private way less than 40 feet in width unless such way was dedicated or ordained prior to October 16, 1972, in which case any public or private way which is less than 30 feet in width.
ALTERATION, NONSTRUCTURALAny work done on any existing improvement which is not an addition to that improvement, or which changes the appearance of the exterior surface of any improvement (other than for repainting or other work which restores the original exterior surface).
ALTERATIONS OR ADDITIONS, STRUCTURALAny change in supporting members of the structure or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers, or the moving of a structure.
ANIMAL HOSPITALA place where one or more animals or pets are given medical or surgical treatment including an accessory use as an animal kennel limited to short-term boarding. (See definition for "Kennel")
ANIMAL PENA structure and/or fenced area designed to contain or provide shelter for domestic pets which are the property of the resident.
APARTMENT(See definition for "Dwelling, Accessory Apartment")
APPLICANTA developer submitting an application for development.
APPLICATION FOR DEVELOPMENTAn application form provided by the Borough and completed by the applicant together with all accompanying documents required by this ordinance for approval of the application for development, including where applicable, but not limited to, a site plan, subdivision plat, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITYThe Planning Board unless a different agency is designated in this ordinance pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.
ARTISAN MANUFACTURINGEstablishments which include the on-site production and repair of arts and crafts, such as but not limited to clothing, jewelry, pottery, furniture and upholstery, photography and sculpture, from clay, fiber, wood, metal, glass and other typically -used materials.
[Ord. No. 2012-15; amended 9-11-2023 by Ord. No. 2023-26]
Establishments used for the purpose of display, sale practice and/or instruction of visual, audio, and performing arts, arts and crafts. This may include, but is not limited to, dance studios, photography studios, graphic design, and pottery studios.
[Ord. No. 2012-15; amended 9-11-2023 by Ord. No. 2023-26; 10-14-2025 by Ord. No. 2025-21]
The Borough Engineer or the Planning Board Attorney, who may act in conjunction with the Administrative Officer in determining the completeness of an application.
ASSISTED LIVING RESIDENCEA facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for 4 or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
[Ord. No. 2011-25]
A coordinated array of supportive personal and health services, available 24 hours per day. Assisted living promotes resident self-direction and participation in decisions that emphasize independence, individuality, privacy and dignity in a homelike surrounding.
[Ord. No. 2011-25]
An uninhabited area directly below the roof of a house.
AUTOMOBILE SERVICE STATIONLand and building providing for the sale of fuel, lubricants and automotive accessories and for maintenance and minor repairs for motor vehicles, excluding body repairs or the storage of inoperable or wrecked vehicles.
BANQUET HALLA use that is rented by individuals or groups to accommodate functions, including but not limited to banquets, weddings, professional conferences or meetings, and other events and celebrations. It may include, as accessory uses, kitchen facilities for preparing or catering of food, sale of alcoholic beverages, a restaurant, and indoor and outdoor recreation.
[Added 10-14-2025 by Ord. No. 2025-21]
Any building, accessory to an agricultural use, and used for the housing, storage or preparation for marketing of plants or animals, storage of agricultural equipment, machinery, vehicles and tools.
BASEMENTThat portion of a building partly below and partly above finished grade, where the ceiling averages 4 feet or more above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a "story" above grade when the distance from grade to the finished surface of the floor above the basement is more than 6 feet for more than 50 percent of the total perimeter or more than 12 feet at any point.
BED AND BREAKFASTA single dwelling structure licensed by the State of New Jersey occupied by the resident owner and family or occupied by a resident manager in which bedrooms are rented to transient and temporary lodgers on a daily basis.
BERMA mound of soil, either natural or man-made.
BILLBOARDA sign or advertising structure which directs attention to a business, commodity, product, service or entertainment conducted, sold or offered elsewhere other than on the premises where the sign is located.
BREWERYA use where beer, wine, liquor or other alcoholic beverage is manufactured, packaged and distributed for sale and consumption. A tasting room and/or restaurant shall be included in the use.
[Ord. No. 2015-19 § 1]
A transitional portion of a lot devoted to lessening adverse impacts such as visual and noise conditions from one area to another usually by providing a strip of land maintained with a combination of trees or other natural woodland growth, and/or graded, and/or planted with trees, evergreens, hedges, or shrubbery of sufficient height to protect an area from noise, dust, glare, or other possible nuisances generated by nearby activities.
BUILDINGA combination of materials to form a structure adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING, COMMUNITYA public building for one or more of the following uses: social, educational, cultural or recreational activities of a neighborhood or community.
BUILDING, PRINCIPALThe primary or main building on a lot as contrasted to an accessory building which is of secondary importance.
BUILDING COVERAGEThe portion of a lot which is covered by principal and accessory buildings.
BUILDING ENVELOPEThe three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard setbacks.
BUILDING LINEThe line beyond which neither a principal building nor accessory building extends, except that coves, cornices, gutters, chimneys, steps or other minor projections from a building wall may extend over the building line for a distance of no more than 2 feet.
BUILDING PERMITA certificate issued by the Construction Code Official authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans, and as required pursuant to the Uniform State Construction Code Act.
BUSINESS SERVICESEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising, credit reporting, collection of claims, mailing, reproduction, stenographic, news syndicates, computer programming, photo copying, duplicating, data processing, services to buildings, and help supply services.
BUS SHELTERA small, roofed structure, usually having 3 walls, located near a street and designed primarily for the protection and convenience of bus passengers.
BUS STOPAny premises for the loading and unloading of passengers for a public or private bus company. A bus shelter may be constructed in a bus stop.
CAPITAL IMPROVEMENT PROGRAMA proposed schedule of all future capital improvements listed in order of construction priority including cost estimates and the anticipated means of financing each project.
CAR(See definition for "Motor Vehicle")
CARTWAYThe hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CELLARThe portion of a building partly or wholly below grade, where the ceiling averages less than 4 feet above the finished grade where such grade meets the outside walls of the building.
CEMETERYLand for the burial and internment of the dead.
CERTIFICATE OF OCCUPANCYA certificate issued by the Construction Code Official upon completion of construction, alteration or change in occupancy or use of a building certifying that all requirements of the Uniform Construction Code and all requirements of the zoning ordinance, except as modified by the approving authority, have been satisfied and that the approval of the building is in conformance with the permitted uses in the zone in which it is located.
CLUB FACILITIESBuildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily or to render sales or services. This use shall include, but shall not be limited to VFW' s and Elk Lodges.
[Added 9-11-2023 by Ord. No. 2023-26]
The New Jersey Council on Affordable Housing.
COMMERCIAL AGRICULTURELand used for cultivation and harvesting of herbs, fruits, flowers, vegetables, and soil in which plants are raised outdoors in planters, in green houses, in buildings or on rooftops. Plants may be grown hydroponically or in soil, for sale either as food, use in landscaping, or ornamental purposes. This shall be interpreted to include the cultivation of cannabis, as defined in §
2601.1. Cultivation and harvesting of illegal and controlled substances shall not be permitted.
[Ord. No. 2012-01; amended 7-12-2021 by Ord. No. 2021-14]
Vehicles used in the conduct of business, retail, service or industrial purposes. Such vehicles are more than 22 feet long, greater than 8 feet in height, wider than 7 feet long, greater than 8 feet in height, wider than 7 feet and have any advertising on the vehicle.
COMMON OPEN SPACEAn open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNICATIONS TOWERAn antenna and any supporting structure, together with any accessory facilities, which is intended to provide point to point or broadcast communications, including cellular telephone cells, paging systems, fleet dispatch, aircraft communication, radio or TV broadcasting facilities, microwave transmitters, and other similar facilities.
COMMUNITY GARDENINGLand that is held publicly or privately and is used collectively or cooperatively for the cultivation and harvesting of herbs, fruit, flowers, and vegetables, including the cultivation and tillage of soil. Cultivation can be done in outdoor raised planters or greenhouses, hydroponically or in soil. Cultivation and harvesting of illegal and controlled substances shall not be permitted.
[Ord. No. 2012-01]
Submission of an application form provided by the Borough and completed by the applicant together with all accompanying documents required by this ordinance for approval of the application for development, the payment of required fees, escrow fees, taxes, and including requests for waivers from one or more of the application requirements.
CONDITIONAL USEA 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 therefore by the approving authority.
CONTIGUOUS LANDLand which is physically connected to other land so as to permit the land to be developed and used as a functional unit; provided that separation by lot lines, streams, dedicated municipal roads, rights-of-way, and easements shall not affect the contiguity of land unless such condition(s) prevents the land from being developed and used as a functional unit.
CONTRACTOR USESA use engaged in construction contracting services including, but not limited to, general or specialty construction trades. The use may include one or more of the following as accessory uses: office, workshop, storage of materials, storage of vehicles, and storage of equipment as accessory uses. The use shall not include on-site sale or manufacturing of materials or merchandise. This use shall include, but not be limited to, plumbing, heating and air conditioning, painting and electrical contracting.
[Added 9-11-2023 by Ord. No. 2023-26]
A retail store which sells a limited variety of prepackaged sundries, dry goods and food, with hours of operation generally from 7:00 a.m. to 11:00 p.m. or longer and usually not larger than 4,000 square feet.
COTTAGE FOOD OPERATORA type of home occupation operated by person who holds a New Jersey Cottage Food Operator Permit for the purpose of preparing and selling cottage food products, pursuant to N.J.A.C. 11.1 et seq.
[Added 4-22-2024 by Ord. No. 2024-07]
A composite of the master plan for the physical development of Hunterdon County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Hunterdon County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARDThe Hunterdon County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (C. 40:27-6.1).
CUL-DE-SACA dead-end street, with a turn-around area at the end.
DEMOLITIONThe full or partial razing of any building or improvement to land.
DENSITYThe permitted number of dwelling units per gross acre of land to be developed.
DETENTION BASINA man-made or natural water collection facility, designed to collect surface and sub-surface water in order to impede its flow into natural or man-made outlets.
DEVELOPERThe 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(See this §
1201, Part 2, Words and Terms: Flood Control for "Development")
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DISTRICTAn area located within the municipal boundaries of the Borough, which is designated on the accompanying Zoning Map and to which certain uniform regulations and requirements of the chapter apply (see Zoning District).
DRAINAGEThe 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 water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLING, ACCESSORY APARTMENTA self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created to be occupied by a low or moderate income household pursuant to the criteria of COAH. The accessory apartment shall be created within an existing home, or through the conversion of an existing attached accessory structure on the same site.
DWELLING, MULTI-FAMILYA building or portion thereof used or designed as a residence for 3 or more apartment houses, apartment hotels, and flats, but not including automobile courts, or former single-family dwellings converted for occupancy by not more than 3 three families as permitted herein.
DWELLING, TWO-FAMILYA detached or semi-detached building where not more than 2 individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced, unconnected by common halls or stairways, with each having access to the outside or to a common cellar.
DWELLING UNIT OR DWELLINGA room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for 1 family. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
ECHO (ELDER COTTAGE HOUSING OPPORTUNITIES) HOUSINGA small, removable modular cottage placed on a concrete slab or treated wood foundation in the rear yard of a single family detached house lot specifically designed to meet the needs of older or disabled people, connected to the utilities of the primary dwelling, and designed to be removed when it is vacated by the approved occupant. The approved occupants shall be restricted to one or 2 persons who are relatives (by blood, marriage or legal adoption) of the owner/occupant of the primary dwelling on the lot and at least one shall be either a senior citizen 60 years of age or older or a disabled person.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXCAVATIONThe result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADEThe vertical location of the existing ground surface prior to cutting or filling.
FAMILYOne or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit.
FAMILY CHILD CARE CENTERA child care facility provided by a homeowner for 6 to 15 children, exclusive of family members, within the homeowner's residence and licensed by the State Department of Human Services, Division of Youth and Family Services.
FENCESArtificially constructed barriers of wood, masonry, stone, wire, metal or any other natural or synthetic combination of materials erected for the enclosure or screening of land or structures.
FINAL APPROVALThe official action of the approving authority taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINISHED GRADEThe final grade or elevation of the ground surface conforming to the proposed design.
FLOOR AREA RATIO (FAR)The sum of the area of all floors of buildings or structures compared to the total area of the site. The gross floor area as defined below shall be used in the calculation of the floor area ratio.
FOOT CANDLEThe illuminance on a surface of 1 foot in area in which there is uniformly distributed a light flux of 1 lumen.
FUNERAL HOMEA building or part thereof used for human funeral services. This use shall include, but shall not be limited to, embalming and the performance of other services used in the preparation of the dead for burial, the performance of autopsies and other surgical procedures.
[Added 9-11-2023 by Ord. No. 2023-26]
A building for the storage of not more than 3 motor vehicles, with no provision for repairing, servicing, or storing such vehicles for profit. A private garage is also called a residential garage.
GARAGE, PUBLICAny garage not included within the definition of a private garage.
GARAGE SALEAny casual sale of tangible personal property, including a "garage sale", "lawn sale", "attic sale", "rummage sale", or "flea market sale" which is advertised by any means whereby the public at large is or can be made aware of the sale, or at which the public may purchase tangible personal property.
GAZEBOAn accessory structure detached from the principal building used for outdoor leisure activities or a landscape element.
GLAREThe sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and acuity.
GOVERNMENTAL USEA use undertaken by any municipal, County, State or Federal agency.
GREENHOUSEA building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GREEN ROOFA vegetated roof system used in place of a conventional roof and made of a waterproof membrane, drainage material, a lightweight layer of soil, and a cover of plants.
[Ord. No. 2012-01]
The sum of the area of full stories of a building or structure measured by using the outside dimension of the structure at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside of exterior walls. In nonresidential uses, the gross floor area shall exclude areas used for utility and heating, cooling and other mechanical equipment, non-enclosed but covered exterior walkways, garages and parking decks including the pedestrian entrance areas associated with underbuilding parking garages, but shall include all other areas regardless of ceiling height, including, but not limited to, cellar, warehouse and storage areas.
GROUND COVERLow-growing (18 inches in height or less) woody plants.
HEALTH AND FiTNESS FACILITIESA facility where members or nonmembers use equipment or space for the purpose of physical fitness exercise. This shall include gyms, yoga studios, martial arts studios, and meditation studios.
[Added 9-11-2023 by Ord. No. 2023-26]
The vertical distance measured between the highest point of the building and the mean elevation of the finished grade as measured around the foundation. The finished grade of berms and other mounding techniques that might be added around building foundations to increase the height of the finished grade, and hence increase the allowable height of the building, shall not be used for measuring building height. Penthouses or roof structures for the housing of stairways, elevators, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building, may be erected above the height limit onto all buildings, except detached dwellings (where these exceptions shall not apply), provided that none of the same exceed the maximum applicable building height limitation by more than 25 percent. Furthermore, any of the foregoing which are located on a roof and project above it shall not cover more than 5 percent of the roof area and shall be located as far from the perimeter of the roof as practicable to minimize visibility.
HIGHER EDUCATION AND TRAININGAn institution that provides full-time or part-time adult education beyond high school. This use shall include, but shall not be limited to trade schools, and institutions for higher learning that grant degrees and certificates in business or technical fields.
[Added 9-11-2023 by Ord. No. 2023-26]
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of a historic site or sites.
HISTORIC SITEAny 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.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONAn activity engaged in by a resident for financial gain, conducted entirely within a dwelling unit. Home occupations shall include Cottage Food Operators as defined herein.
[Amended 4-22-2024 by Ord. No. 2024-07]
A nonprofit corporation established in accordance with standards contained in the Municipal Land Use Law N.J.S.A. 40:55D-43 et seq. for the control and maintenance of common areas and open space in conjunction with a development.
HORTICULTUREThe growing or raising of nursery plants for sale for landscape purposes.
HOTELAn establishment providing lodging and usually meals for the general public, especially transient guests. It may include such uses incidental to the operation as follows: rest rooms, offices, meeting rooms, restaurants, cocktail lounges, beauty parlors, barbershops, apparel stores, confectionery shops and the like. Such incidental uses shall be conducted solely within the primary building.
HOUSE OF WORSHIPA building or group of buildings, including customary accessory buildings, designed or intended for public worship or religious education.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a stable, rather than transient basis, where the occupants share the ordinary tasks of living in a dwelling unit such as, but not limited to, cooking and eating together, sharing inside and outside chores, and performing other functional duties and otherwise exhibiting a kind of stability, permanency and functional lifestyle which is equivalent to that of the traditional family unit.
IMPERVIOUS SURFACEA surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including, but not limited to, such paved surface improvements as parking and loading areas, driveways, sidewalks, decks, patios, brick walks, and compacted stone.
IMPERVIOUS SURFACE RATIOA measure of the coverage of a piece of land measured by dividing the total area of all impervious surfaces within the site by the total lot area.
INDOOR AND OUTDOOR RECREATIONA use engaged in recreation and/or entertainment opportunities such as bowling alleys, ice skating or roller-skating rinks, video games, skill-based attractions or electronic amusements. It may include, as accessory uses, sales or rental of related goods or equipment, and banquet hall space. The use may serve private clubs, organized leagues and/or the general public. The use shall exclude adult uses.
[Amended 9-11-2023 by Ord. No. 2023-26; 10-14-2025 by Ord. No. 2025-21]
The construction of new buildings on scattered vacant sites in a built-up area.
JUNKMeans and includes rags, scrap iron, shavings, borings, old rope, old iron, brass, copper, tin, lead and other used materials, more than one automobile which is unfit for reconditioning for sale for highway transportation, used parts of motor vehicles, old bottles, glass, lumber, paper, discarded machinery, or parts thereof, and any other secondhand articles or used materials and merchandise and such other articles or things as commonly come within the classification of junk.
JUNK YARDAny lot with or without buildings used for the outside dismantling, deposit, collection or storage of waste, construction material, used or discarded things or materials, whether or not such use is in connection with a dismantling process, salvage or sale of structures, automobiles or other vehicles, equipment appliances and machinery and or parts thereof and similar products.
KENNELAny building, structure or premises in which one or more animals are kept, boarded, bred or trained for commercial purposes. Medical and surgical services, if any, shall be limited to incidental services provided solely for animals being boarded, bred or trained on the premises. Animal kennel does not include animal hospitals. (See definition for "Animal Hospital")
KIOSKA freestanding structure upon which temporary information, such as retail sales, and/or posters, notices, and announcements are posted.
LANDLOCKEDA lot or parcel of land without direct access to a public road.
LANDMARKA building, structure, site, or man-made object which possesses integrity of location, design, setting, materials, workmanship, or association, and which is either located within a Historic District or has been specifically identified as a historic site within the historic preservation plan element of the Master Plan of the Borough pursuant to N.J.S.A. 40:55D-28b.(6), and has been determined, pursuant to the terms of this Appendix, to be:
A. Of particular historic, cultural, scenic, or architectural significance to the Borough and in which the broad cultural, political, economic or social history of the nation, State, or community is reflected or exemplified; or
It is identified with historic personages or with important events in the main current of national, State or local history; or
Shows evidence of habitation, activity or the culture of prehistoric man; or
Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or
Represents a work of a builder, designer, artist, or architect whose individual style significantly influenced the architectural history of the Borough.
LEARNING CENTERA use engaged in specialized instruction that provides on-site education and assistance for students. Instruction may address topics such as but not limited to academic subjects, art, and/or technology and may include education regarding use of equipment or technology. The use excludes health and fitness instruction and classes.
[Ord. No. 2012-15; amended 10-14-2025 by Ord. No. 2025-21]
Direct light emissions visible at a height of 3 feet or higher at the property line. A bulb, reflective device, refractive lens device, globe, or diffuse panels, shall be considered a direct light emission source.
LIGHT INDUSTRIALThe manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, which activities are conducted wholly within an enclosed building. Said parts, products, or materials shall not consist of the following: warehousing, crude oil or similar petroleum products; involve tanning; chemical, explosive, radioactive, poison, pesticides, herbicides, or other similar hazardous materials. This use shall include, but shall not be limited to self-storage and permitted activities involving food, textiles, wood, paper, pharmaceuticals, plastic or metal products.
[Added 9-11-2023 by Ord. No. 2023-26]
Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.
LOADING SPACEAn off-street berth within a structure or in the open, but on the same lot with a building or a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading between the vehicle and the building.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
LOT AREAAn area of land, which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way or the access or "flagstaff' of a flag lot, shall not be included in calculating the minimum required "lot area".
LOT, CORNERA lot having at least 2 adjacent sides fronting on intersecting roads. A lot with frontage on 2 or more streets, including corner lots, shall have building setback from each street not less than the required front yard.
LOT COVERAGEThe area of a lot covered by impervious surfaces.
LOT DEPTHThe shortest horizontal distance between the front and rear lot lines measured from the midpoint of the front line to the midpoint of the rear lot line.
LOT FRONTAGEThe horizontal distance between the side lot lines measured along a street line in a continuous unbroken line.
LOT LINEAny line forming a portion of the exterior boundary of a lot and is the same line as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level. On existing streets whose widths are proposed to be increased, the lot line shall be such as to provide for the widened street as shown on the Master Plan, Official Map or Road Ordinance.
LOT WIDTHThe distance between side lot lines measured at the minimum required building setback from the street line.
LOW INCOME HOUSINGHousing affordable according to Federal Department of Housing and Urban Development or the standards adopted by New Jersey Council on Affordable Housing (see N.J.A.C. 5:93-1.3) for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income of the same size within the housing regions in which the housing is located, and which is subject to affordability controls promulgated by the Council.
LUMENA unit of measure of the quantity of light which falls on an area of 1 square foot every point of which is 1 foot from the source of 1 candela (candle). A light source of one candela emits a total of 12.57 lumens.
MAINTENANCE GUARANTEEAny security which may be accepted by the Borough of Flemington for the maintenance of any improvements required under N.J.S.A. 40:55D-1 et seq., including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
MAJOR DEVELOPMENTDevelopment requiring major subdivision or major site plan approval.
MANUFACTURINGThe production of articles or finished products from previously refined raw materials by giving them new forms or qualities.
MASTER PLANA composite of one or more written or graphic proposals for the development of the Borough of Flemington as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MAUSOLEUMA stone building for entombment of the dead above ground.
MAYORThe chief executive of the Governing Body of the Borough of Flemington.
MERGERThe consolidation of 2 or more lots into a single lot by the removal of the lot lines.
MINOR SITE PLANThe development plan of one or more lots which does not involve planned development, any new street or extension of any off-tract improvement and is one of the following:
A. A change in use involving no building construction, other than interior modifications or interior structural alterations, and no need for additional off-street parking, road or drainage improvements, or;
Minor structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances, or;
Building additions not exceeding 100 square feet in ground coverage and accessory buildings and structures not exceeding 500 square feet in ground coverage, provided that the same do not invade upon any required parking area, setback area or otherwise violate any requirements of the Borough Development Regulations, or;
All signs in the Downtown Business (DB), Downtown Business II (DB II) and Transitional Commercial (TC) zones. §
1401, Subsection I (Sign Review Committee) shall apply.
Any application for a sign variance, regardless of zone. §
1401, Subsection I (Sign Review Committee) shall apply.
MINOR SUBDIVISIONAny division of land meeting all of the following criteria:
A. Contains an aggregate of not more than 3 lots (2 new lots and the remaining parcel);
Does not involve a planned development.
Does not involve any new street.
Does not require the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
If the lot to be subdivided has been part of a minor subdivision under this ordinance or any ordinance repealed hereby, a further division of the lot shall not be classified as a minor subdivision if it would result in 3 or more lots being created within a three-year period, including the remainder of the original lot. |
A committee of the Planning Board established to review minor subdivision and site plan applications and make recommendations for approval with any conditions, or denial, with reasons, to the Planning Board for action. The Committee may utilize professionals of the Board to assist in the reviews.
MIXED USEA development which includes residential, public, quasi-public, commercial, office and open space uses, and which has significant functional and physical integration of project components, including uninterrupted pedestrian connections, and which is in conformance with a comprehensive design plan.
MODERATE INCOME HOUSINGHousing affordable according to Federal Department of Housing and Urban Development or the standards adopted by New Jersey Council on Affordable Housing (see N.J.A.C. 5:93-1.3) for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income in excess of 50 percent but less than 80 percent of the median gross household income of the same size within the housing regions in which the housing is located, and which is subject to affordability controls promulgated by the Council.
MOTOR VEHICLEAny automotive vehicle, including automobiles, buses, cars, motorcycles, mopeds, tractors, self-propelled lawnmowers, and trucks.
MOTOR VEHICLE SERVICE STATIONAny building, place or location, whether in or upon any street or public place or on private property designed to supply motor vehicles with gasoline, oils, greases, automotive accessories or for the inspection, testing and examination of said motor vehicles, or for the repair of said motor vehicles or replacement of parts thereof.
MUNICIPAL AGENCYThe Planning Board, Board of Adjustment or Borough Council of the Borough of Flemington when acting pursuant to N.J.S.A. 40:55D-1 et seq.
MUNICIPAL HOUSING LIAISONThe employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Flemington.
[Ord. No. 2017-9 § 1]
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning 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.
NONCONFORMING STRUCTUREA building or structure the size, dimension, or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USEA 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.
NURSERYLand or greenhouses used to raise flowers, shrubs and plants for sale.
OFFICEA building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional and/or administrative services. This use shall exclude medical offices. This use shall include, but shall not be limited to, corporate offices, law firms, accounting firms, insurance firms, and real estate firms.
[Amended 9-11-2023 by Ord. No. 2023-26]
A use engaged in providing services for health maintenance, diagnosis (including testing) and treatment of human diseases, pain or other physical or mental condition of patients, and may be out-patient or short-term in-patient. This use shall include, but not be limited to, health services and clinics, urgent care clinics, those for general physicians, surgeons, cardiologists, pulmonologists, ophthalmologists, dermatologists, dentists, chiropractors, psychologists, ambulatory surgical center, cancer treatment center, and endoscopy center, and other various medical specialties. Service providers may or may not be licensed or certified.
[Added 9-11-2023 by Ord. No. 2023-26; amended 10-14-2025 by Ord. No. 2025-21]
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Hunterdon County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAPA map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
OFF-STREET PARKING AREAAn open area, other than a street or other public way, used for the parking of motor vehicles and available for use, whether for a fee or as a service or privilege, by clients, customers, suppliers or residents.
OFF-SITE IMPROVEMENTSImprovements to accommodate conditions generated by a proposed development, including, but not limited to, new improvements and/or extensions and modifications of existing improvements. "Off-site" means located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENTSImprovements to accommodate conditions generated by a proposed development, including, but not limited to, new improvements and/or extensions and modifications of existing improvements. "Off-tract" means 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.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny 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.
OPEN SPACE RATIOThe area of the property that is landscaped or left in a natural state after development expressed as a ratio of the total site area.
OUTDOOR DININGThe consumption and/or serving of food and/or drink outside a building to patrons as an accessory use.
[Amended 5-26-2020 by Ord. No. 2020-7]
An illuminating device which is permanently installed outdoors, including but not limited to, devices used to illuminate any site, structure or sign.
PARKING AREA, PUBLICA paved open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACEAn area for the parking of a motor vehicle that is located on the same lot as the use it is serving. The area of a parking space is intended to be sufficient to accommodate the exterior extremities of the vehicle whether, in addition thereto, wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be as required by this ordinance and shall be measured perpendicularly to each other regardless of the angle of the parking space to the access aisle or driveway. In order for a parking space to qualify as meeting the minimum parking requirements of this ordinance, there must be unobstructed access to the parking space. No parking space may block another.
PARTY IMMEDIATELY CONCERNEDFor 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 N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTEESecurity accepted by the Borough under this ordinance, at least 10 percent of the total of which shall be cash or certified check and the balance either cash, certified check, or bond in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety.
PERMITTED USEAny use of land, building, or structure as permitted by this ordinance.
PERSONAny individual, partnership, corporation, association or other entity.
[Added 5-26-2020 by Ord. No. 2020-7]
An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENTUnit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARDThe Planning Board of the Borough of Flemington, Hunterdon County, New Jersey established pursuant to N.J.S.A. 40:55D.
PLANTS, INDIGENOUSPlants that are native to the Eastern United States and not imported stock from other areas of North America or other continents.
PLATA map or maps of a subdivision or site plan.
PLAT, FINALThe plat of all or a portion of the development submitted for final approval prepared in accordance with, New Jersey State Statutes Title 46, Chapters 26A, 26B and 26C.
PLAT, PRELIMINARYThe plat submitted as a part of the application for preliminary approval.
PORCHA roofed open structure projecting from the front, side and/or rear wall of a building and having no enclosed features of glass, wood or other material except screening and the necessary columns to support the roof.
PRELIMINARY APPROVALThe conferral of certain rights pursuant to sections 34, 36, and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; N.J.S.A. 40:55D-48; and N.J.S.A. 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONSArchitectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PRINCIPAL FACADE.That portion of the facade of a building which fronts on a public street.
[Added 5-26-2020 by Ord. No. 2020-7]
A recreation facility operated by an organization (for profit or nonprofit), and open only to bona fide members and guests of such organization.
PROHIBITED USEAny use not specifically defined as a permitted accessory or conditional use in a zone.
PUBLIC AREASA. Public parks, playgrounds, trails, paths and other recreational areas;
Other public open spaces;
Public scenic and historic sites; and
Sites for schools and other public buildings and structures.
PUBLIC ARTAll forms of visual art and crafts, including but not limited to sculpture and murals, whether freestanding and/wall supported or mounted, that are visible from a public or private street or public park, and that will be displayed for more than two weeks. Public art may be permanent, temporary, fixed, or portable; may be an integral part of a building, facility, or structure; and may be integrated with the work of other design professionals.
[Added 6-24-2024 by Ord. No. 2024-15]
A. Public Art shall exclude the following:
1. Structure or portions thereof that meet the definition of a sign, pursuant to §
1201 of the Borough Code. Public art shall not be deemed a sign unless the name of the business is included in the public art.
Structure or portions thereof on one and two family home properties that exceed either four feet in height or three feet in width.
Structure or portions thereof on properties other than one and two family home properties that exceed either three feet in height or two feet in width.
Typical structures for the use of the property that serve a function, such as but not limited to mailboxes, light fixtures, play equipment, fountains, planters, signs and sign support structures.
Landscape and garden features such as, but not limited to, topiaries and plant supports.
Structures or portions thereof that are on display for less than two weeks.
Structures or portions thereof that are on display for the purpose of an annual holiday.
PUBLIC DRAINAGE WAYThe land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the biological as well as 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.
PUBLIC OPEN SPACEAn open space area conveyed or otherwise dedicated to the Borough, Borough agency, Borough Board of Education, State or County agency, or other public body for recreational or conservational uses.
PUBLIC UTILITYAny public utility regulated by the Board of Public Utilities and defined pursuant to N.J.S.A. 48:2-13.
QUORUMThe majority of the full authorized membership of a municipal agency.
RECREATIONAL VEHICLEA vehicle which is: (i) built on a single chassis; (ii) 400 square feet or less when measured at the longest horizontal projections; (iii) designed to be self-propelled or permanently towable by another vehicle; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REPAIRWork done on any improvement which is not an addition to the improvement, and does not change the appearance of the exterior surface of the improvement (other than for repainting or other work which restores the original exterior surface).
REPAIR FACILITIESEstablishments primarily engaged in the provision of repair services but excluding automotive and heavy equipment repair use types. This use shall include, but shall not be limited to repair of appliances, electronic equipment, lawn equipment, watches and jewelry, furniture and upholstery, optical goods, cameras, precision instruments, musical instruments including tuning, and office equipment.
[Added 9-11-2023 by Ord. No. 2023-26]
Buildings or structures for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any materials or products.
RESERVATIONA. A provision in a deed or other real estate conveyance that retains a right for the existing owner even if other property rights are transferred;
A method of holding land for future public use in a deed or by designating public areas on a plat, map, or site plan as a condition of approval.
RESIDENTIAL DENSITYThe number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESTAURANTA public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section.
RESTAURANT, DRIVE-INAn establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESTAURANT, FAST-FOODAny restaurant, including drive-in restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety and at which the patron obtains food directly from the dispensing counter for consumption on or off such premises.
RETAIL FOOD ESTABLISHMENTAn establishment actually located within the principal building for which a current retail establishment inspection certificate has been issued by the Board of Health and shall include, by way of example, a restaurant, hotel, coffee shop, tea room, dining room, cafeteria, luncheonette, sandwich shop, delicatessen, pastry shop and the like.
[Added 5-26-2020 by Ord. No. 2020-7]
A use engaged in the sale of goods directly to the consumer available for immediate purchase, including but shall not be limited to uses such as convenience stores, grocery stores, clothing stores, antique stores, art galleries, and furniture stores. This shall not include vehicle sales or service, cannabis retail uses, or sale of adult materials.
[Added 9-11-2023 by Ord. No. 2023-26; amended 10-14-2025 by Ord. No. 2025-21]
A use engaged in the sale of on-site services directly to the consumer available for immediate purchase, including but shall not be limited to active uses such as nail and hair salons, shipping and printing services, banks, animal grooming, tailoring, laundry and notary service. Dry cleaning drop off and pick up is included; however, the cleaning and processing of dry cleaned clothing is excluded. This shall not include medical or professional office uses, vehicle service, car washing, adult uses, real estate offices or insurance offices. This shall exclude services related to vehicle sales and service, cannabis, and adult uses.
[Added 9-11-2023 by Ord. No. 2023-26; amended 10-14-2025 by Ord. No. 2025-21]
A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
RETENTION BASINA pond, pool or basin used for the storage of water runoff, whether natural or man-made, designed to contain water permanently.
REVERSE FRONTAGE LOTSLots abutting a major street, with no access to the major street, but having driveway access to a side street or to a minor street running parallel to the major street.
RIGHT-OF-WAYThe total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.
SCHOOLSAny use devoted to the instruction of students in grades K-12 and either operated by a local or regional school board as established by law or operated by private individuals or entities in accordance with N.J.S.A. 18A:1.1 et seq.
SCHOOLS, OTHERAny use devoted to the instruction of students not in accordance with the provision of N.J.S.A. 18A:1.1 et seq. are deemed commercial enterprises.
SCHOOLS, PRIVATE NONPROFITAn institution of education whose general course work is comparable to the public school system, and operated by a not-for-profit religious or charitable institution.
SCHOOLS, PUBLICSchools whose curriculum is approved by the N.J. Department of Education or the N.J. Department of Higher Education as a unit receiving State financing and administration.
SEDIMENTSolid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENT BASINA barrier, dam, excavated pit, or dugout constructed across a waterway or at other suitable locations to intercept and retain sediment.
SEDIMENTATIONThe deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SENIOR CITIZEN HOUSINGA residential development including accessory buildings and required or permitted social, cultural, medical and recreational facilities limited to certain age groups conforming to 24 CFR Part 100 Subpart E, Housing for Older Persons, of the Federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.
SERVICE STATIONLands and buildings providing for the sale of fuel, lubricants and automotive accessories; maintenance and minor repairs for motor vehicles may be provided, but not to include auto body work, automobile painting, automobile wrecking, the sale or rental of passenger vehicles and trucks, the long-term storage of inoperable vehicles, parking for fee, or car wash facilities.
A. Fueling Island — A raised concrete island in a service station which contains one or more fueling pumps to service one or more vehicles.
Fueling Pump — A machine pump for dispensing of motor fuel, whether gasoline or diesel. Each fueling pump can only dispense fuel to one vehicle at a time, however, there may be more than one fueling pump operated from one fueling island.
Fueling Station — The building, premises, and land in which, or upon which, automobile and truck fuels are dispensed, stored and sold.
SERVICE USEA commercial use as defined by Division I within the Standard Industrial Classification system (SIC).
SETBACKThe minimum distance between a street line and a lot line, said space to be unobstructed except by fences or by shrubbery or other planting.
SETBACK LINEA line drawn parallel to a street line or lot line and drawn to the point of the building nearest to the street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan, Official Map, or Road Ordinance, except that on flag lots the minimum setback shall exclude the access strip.
SHED, STORAGEAn accessory structure which is used for storage purposes and which does not maintain any heating or plumbing service. Any structure which is large enough to store road licensed or farm vehicles, and not housing animals, shall be considered a garage.
SHIELDED LIGHT FIXTUREA light fixture with a focused lens that allows no direct light emissions above a vertical cutoff angle of 80 degrees through the light fixture's lowest light emitting part as certified by a photometric test. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
SHOPPING CENTERA group of 4 or more commercial establishments built on one tract that is planned and developed as an operating unit; providing on-site parking in a definitive relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
SIC CODEStandard Industrial Classification Code as published by the U.S. Office of Management and Budget, 1987.
SIDEWALKThe paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
[Added 5-26-2020 by Ord. No. 2020-7]
A triangular area at each corner of intersecting streets, or of streets and driveways, where the grading and landscaping is maintained and structures are restricted so as to allow drivers an unobstructed view along the intersecting street and driveway.
SIGNAny object, device, display, mural, obstruction, announcement, declaration, demonstration, billboard, illustration or insignia, or a part thereof, used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed, situated indoors or outdoors the building where it may be viewed from the outside of any structure on the premises where placed.
SIGN AREAThe area of any sign as calculated in this ordinance shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the lettering, illustration, display or background is attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater.
SIGN CANOPYA sign that is mounted or painted on, or attached to, an awning, canopy or marquee.
SIGN DEMISING WALLThe leased facade area of a business or commercial which constitutes the storefront, and is measured from between the leased separating wall to the other leased separating wall.
SIGN, DIRECTIONALAny sign which is designed and erected solely for the purpose of traffic or pedestrian direction which is placed on the property to which or on which the public is directed.
SIGN, ERECTION OFThe erection of a sign shall mean to build, construct, attach, place, suspend or affix a sign, including the painting of wall or window signs and the painting of signs or displays on the exterior surface of a building or structure. Any other material change in any existing sign shall be considered as the erection of a new sign.
SIGN, FACADEAny sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.
SIGN, FREESTANDINGAny sign, not attached to a building, which is erected, constructed, supported or maintained on a post or pole or other bracing or supporting device.
SIGN HEIGHTIn the case of a freestanding sign, the height will be computed from grade level to the greatest height at any one point in the sign.
SIGN, IDENTIFICATIONAny sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.
SIGN, PROJECTINGA sign perpendicular to a wall or facade which is attached to and extends more than 12 inches from the surface of a building.
SIGN, PUBLIC BUSINESSA sign erected by the municipality to direct the public to local merchants, retailers, business services and offices.
SIGN REVIEW COMMITTEEA committee of the Planning Board established to review applications for signs. The committee shall be empowered to meet with applicants and make recommendations for approval with any conditions, or denial, with reasons, to the Planning Board for action. The committee may utilize professionals of the Board to assist in the review of sign applications. The committee will report annually to the Board regarding the number of applications, their disposal and any recommendations for amending the sign ordinance.
SILTATION BASINA facility through which stormwater is directed and which is designed to collect eroded soil from a designated area.
SITE PLAN[Amended 5-26-2020 by Ord. No. 2020-7]
A. A development plan of one or more lots on which is shown:
1. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
Any other information that may be reasonably required in order to make an informed determination pursuant to this ordinance which requires review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
A site plan shall not require any plan solely for outdoor dining that complies with the definition of "outdoor dining" set forth in §
1201 herein.
SLOPEThe degree of deviation of a surface from the horizontal, usually expressed as a percent or ratio of horizontal to vertical.
SOILAll unconsolidated mineral or organic material, of whatever origin, that overlies bedrock and which can be readily excavated.
SOLAR PANELSAn elevated panel or plate, or a canopy or array thereof, or solar collector that captures and converts solar radiation to produce power or hot water, and includes flat plate, or photovoltaic solar cells and excludes solar reflective or concentrating technology.
[Ord. No. 2012-01]
A particularly impressive or unusual example of a species due to its size, shape, age, historic significance or any other trait that epitomizes the character of the species.
STORE, RETAILA building or part thereof in which retail uses are conducted.
STORMWATER DETENTIONA provision for stormwater quality enhancement and for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORYA. That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the surface between the floor and the ceiling over that floor.
The interior of the roof shall not be considered a ceiling; rather, the underside of the highest horizontal surface separating the area above from the remainder of the structure below shall be considered the ceiling.
Cellars and basements ordinarily shall not be considered stories when considering the height of a building; provided, however, that finished basements in nonresidential buildings shall be considered a story for the purposes of height, floor area and parking computations in accordance with the requirements of this ordinance.
A half-story is the area under a pitched roof at the top of a building, the floor of which is at least 4 feet but no more than 6 feet below the plate; and such half-story shall not be used for nonresidential uses.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way meeting any of the following:
A. Is an existing State, County or municipal roadway;
Is shown upon a plat heretofore approved pursuant to law;
Is approved pursuant to this ordinance.
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, sidewalks, parking areas and other areas within the street line.
STREET, ARTERIALA higher-order, interregional road in the street hierarchy; conveys traffic between centers; should be excluded from residential areas. (See definition for "Street Hierarchy")
STREET, COLLECTORA street that distributes traffic between residential access and subcollector streets, and, arterial order streets in residential subdivision design and between nonresidential uses and arterial roads. Such streets are intended to carry up to 3,000 vehicles per day (AADT).
STREET, CUL-DE-SACA street with a single means of ingress and egress and having a turnaround, the design of which may vary. (See definition for "Street Hierarchy")
STREET, DIVIDEDA street having an island or other barrier separating moving lanes of traffic.
STREET FURNITUREMan-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, bicycle racks, canopies, decorative traffic control fixtures, shelters and phone booths.
STREET HARDWAREThe mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters, and the like.
STREET HIERARCHYThe conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic arterial roads to streets whose function is residential access.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STREET, LOOPA street that has its only ingress and egress at 2 points on the same subcollector or collector street.
STREET, MAJOR ARTERIALA street designed to move traffic from municipality to municipality within a region and to provide connections between higher and lower orders of streets, with an AADT between 10,000 and 25,000 vehicles typically, though not exclusively, under County jurisdiction.
STREET, MARGINAL ACCESSA service street that runs parallel to a higher-order street which provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or minor collector as anticipated daily traffic dictates.
STREET, MINOR ARTERIALA street which provides connections between major arterials and residential or nonresidential collector streets, and also functions as an intramunicipal travel path, typically under County jurisdiction. Such streets are intended to handle an AADT between 3,000 and 10,000 vehicles.
STREET, PRINCIPAL ARTERIALA street intended to handle large volumes of regional and through traffic, typically under the jurisdiction of the State or Federal Government such as the Interstate Highway System, with an AADT exceeding 25,000 vehicles.
STREET, RESIDENTIAL ACCESSThe lowest order, other than rural street type, of residential street (see definition for "Street Hierarchy"). Provides frontage for access to private lots and carries traffic having destination or origin on the street itself. Designed to carry traffic at slowest speed.
STREET, RESIDENTIAL MAJOR COLLECTORThe highest order of residential street (see definition for "Street Hierarchy"). Conducts and distributes traffic between lower-order residential streets and higher-order streets (arterials and expressways).
STREET, RESIDENTIAL MINOR COLLECTORMiddle order of residential streets (see definition for "Street Hierarchy"). Provides frontage for access to lots, and carries traffic to and from adjoining residential access streets.
STREET, RESIDENTIAL NEIGHBORHOODA type of residential access street conforming to traditional subdivision street design, which provides access to building lots fronting on a street and provides parking on both sides of street (see definition for "Street Hierarchy").
STREET, RURALAs it pertains to streets, when density is one dwelling unit per acre or lower, a road primarily serving as access to abutting building lots, which has no on-street parking, and lot-to-street access is designed so vehicles do not back out of lots onto the street (see definition for "Street Hierarchy").
STREETSCAPEAll of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs, and lighting.
STREET, STUBA street which is to be extended when the adjacent property is developed.
STREET TREEA tree in a public place, street, special easement or right-of-way adjoining a street typically large in size when mature.
STRUCTUREA 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.
STRUCTURED PARKINGA structure or portion thereof composed of one or more levels or floors used for the parking or storage of motor vehicles. A parking structure may be partially or totally above or below grade with those levels being either open or enclosed.
[Added 4-11-2022 by Ord. No. 2022-3]
The division of a lot, tract or parcel of land into 2 or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" shall also include the term "resubdivision". The following shall not be considered subdivisions within the meaning of this ordinance, if no new streets are created:
A. Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are 5 acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument; and
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 the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map of the municipality.
SWIMMING POOLA water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.
THEATERSA structure used for motion picture viewing, in person or virtual performances for music, dances, plays, and similar performances. The use may include food and beverage service and may include incidental use for private meetings, social events, exhibits, and presentations. The use excludes adult uses.
[Added 9-11-2023 by Ord. No. 2023-26; amended 10-14-2025 by Ord. No. 2025-21]
One dwelling unit in a building of 3 or more attached dwelling units connected by common vertical walls from the ground to the roof so that no unit shall be above or under another.
TRACTAn area of land composed of one or more lots which are the subject of the development application, as well as all contiguous property in the same ownership of which such lot(s) are a part, plus all portions of a street or right-of-way contiguous to such lot(s) or other property.
TRAILERA structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying animals and goods or objects.
TRAILERS, TEMPORARY CONSTRUCTIONA trailer for office or storage for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of the final Certificate of Occupancy.
TRANSCRIPTA typed or printed verbatim record of the proceedings or reproduction thereof.
USABLE YARD AREAThe portion of a yard surrounding a structure which is viable for any use permitted by this ordinance.
USEThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
UTILITYServices limited to sewage treatment, water supply, gas, electric, telephone and cable television.
VARIANCEPermission to depart from the literal requirements of a zoning ordinance pursuant to the Municipal Land Use Law.
WAIVERThe granting of relief from one or more submission requirements for an application or relief from design requirements as set forth in this ordinance.
WETLANDSA freshwater wetland as defined in the New Jersey Freshwater Wetlands Protection Act N.J.S.A. 13:9B-1 et seq.
WETLAND BUFFER AREAA transition area as defined in the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1, et seq.). The buffer or transition area shall have a width approved by the NJDEP (N.J. Dept. of Environmental Protection) under such Act. It is an area where the permitted uses shall be restricted to those approved under such Act and this ordinance.
YARD, FRONTAn open space extending across the full width of the lot and lying between the street line and the closest point of the principal building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback. See exhibit below.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. See exhibit above.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines. See exhibit above.
ZONING OFFICERThe individual appointed by the Borough Governing Body to enforce the Land Development Ordinance herein.
ZONING PERMITA certificate issued by the Zoning Officer:
A. Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency.
