Editor's Note: Ord. No. 2023-01 repealed and replaced flood
damage prevention. History includes Ord. No. 2009-10. See Ch. 19,
Flood Damage Prevention, for flood damage definitions.
For the purpose of this ordinance, the terms and words listed
in this section shall have the meanings herein given. Terms and words
not defined herein but defined in other articles of the Code shall
have, for the purposes of this ordinance, the meanings given them
in the respective chapters as the same now reads or may be amended.
Terms and words not defined herein, nor defined in any other chapter
of this ordinance, but defined in the Municipal Land Use Law shall
have, for the purposes of this ordinance, the meanings given them
in the Municipal Land Use Law, its amendments or supplements thereto.
Terms and words not defined in any of the foregoing sources shall
have the meanings established by common usage of the words unless
the context herein clearly indicates the contrary.
In the interpretation of this ordinance, the provisions and
rules set forth below shall be observed and applied, except when the
context or the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
clearly requires otherwise.
A.
Words used or defined in one tense or form shall include other tenses
and derivative forms.
B.
Words in the singular shall include the plural, and words in the
plural shall include the singular.
C.
The masculine gender shall include the feminine and the feminine
gender shall include the masculine.
D.
The word "shall" is mandatory.
E.
The word "may" is permissive.
F.
In case of any difference of meaning or implication between the text
of this ordinance and any caption, the text shall control.
Part 1 – Words and Terms For purposes of
this ordinance, phrases and words are defined as follows:
(Average annualized daily traffic): the total yearly traffic
volume in both directions of travel divided by 365.
A way or means of approach to provide vehicular entrance
to a property.
A building, structure or use which:
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.
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of the improvement.
The 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]
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.
A 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.
An 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.
Any 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).
Any 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.
A 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")
A structure and/or fenced area designed to contain or provide
shelter for domestic pets which are the property of the resident.
(See definition for "Dwelling, Accessory Apartment")
A developer submitting an application for development.
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,
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.
The 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.
Establishments 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 dance studios, photography studios, graphic
design, and pottery studios.
[Ord. No. 2012-15; amended 9-11-2023 by Ord. No. 2023-26]
The Borough Engineer or the Planning Board Attorney, who
may act in conjunction with the Administrative Officer in determining
the completeness of an application.
A 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.
A switching device which includes a clock that controls the
time period of illumination.
(See definition for "Motor Vehicle")
Land 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.
A financial institution as defined by Division H, subsections
60 and 61 within the Standard Industrial Classification system (SIC).
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.
That 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.
A 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.
A mound of soil, either natural or man-made.
A 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.
A subdivision where the lot line between lots is moved, but
no new lot is created.
A 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.
A combination of materials to form a structure adapted to
permanent, temporary, or continuous occupancy and having a roof.
A public building for one or more of the following uses:
social, educational, cultural or recreational activities of a neighborhood
or community.
The primary or main building on a lot as contrasted to an
accessory building which is of secondary importance.
The portion of a lot which is covered by principal and accessory
buildings.
The 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.
(See definition for "Height, Building")
The Building Subcode Official of the Borough of Flemington.
The 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.
A 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.
Establishments 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.
A small, roofed structure, usually having 3 walls, located
near a street and designed primarily for the protection and convenience
of bus passengers.
Any 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.
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (C. 48:5A-3).
A governmental acquisition of real property or major construction
project.
A proposed schedule of all future capital improvements listed
in order of construction priority including cost estimates and the
anticipated means of financing each project.
(See definition for "Motor Vehicle")
The 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.
The 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.
Land for the burial and internment of the dead.
A 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.
Buildings 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.
Land 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.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. 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.
An 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.
Land 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.
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
therefore by the approving authority.
Land 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.
A 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.
Development other than planned development.
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.
The Hunterdon County Planning Board as defined in Section
1 of P.L. 1968, c. 285 (C. 40:27-6.1).
A dead-end street, with a turn-around area at the end.
Calendar days.
A commercial facility duly licensed by the State of New Jersey
for the accommodation of children.
The full or partial razing of any building or improvement
to land.
The permitted number of dwelling units per gross acre of
land to be developed.
A 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.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
(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.
The diameter of a tree trunk measured approximately 4 feet
above the average ground level at the base of the tree.
An 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).
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 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.
A 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.
A 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.
A detached building containing 1 dwelling unit.
A building containing 3 dwelling units.
A 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.
A 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.
A 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.[1]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The result of any act by which soil or rock is cut into,
excavated, dug, quarried, uncovered, removed, displaced or relocated.
(See definition for "Subdivision")
The vertical location of the existing ground surface prior
to cutting or filling.
One or more persons occupying a dwelling unit and living
as a single nonprofit housekeeping unit.
A 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.
Artificially 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.
The 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.
The final grade or elevation of the ground surface conforming
to the proposed design.
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.
The illuminance on a surface of 1 foot in area in which there
is uniformly distributed a light flux of 1 lumen.
[2]A 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.
Any garage not included within the definition of a private
garage.
Any 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.
An accessory structure detached from the principal building
used for outdoor leisure activities or a landscape element.
A computer-generated mapping system including environmental
maps and other municipal resource information.
The 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.
The Borough Council of the Borough of Flemington.
A use undertaken by any municipal, County, State or Federal
agency.
A 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.
A 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.
Low-growing (18 inches in height or less) woody plants.
A 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.
An 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.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
Any structure that is:
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:
An activity engaged in by a resident for financial gain,
conducted entirely within a dwelling unit.
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.
The growing or raising of nursery plants for sale for landscape
purposes.
An 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.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship or religious education.
One 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.
A 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.
A 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.
Any use such as movie theaters, music halls, bowling alleys,
ice skating or roller-skating rinks, video games, skill-based attractions
or electronic amusements.
[Amended 9-11-2023 by Ord. No. 2023-26]
The construction of new buildings on scattered vacant sites
in a built-up area.
Means 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.
Any 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.
Any 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")
A freestanding structure upon which temporary information,
such as retail sales, and/or posters, notices, and announcements are
posted.
(See definition for "Contiguous Land")
A lot or parcel of land without direct access to a public
road.
A 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:
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.
Specialized instructional establishments that provide on-site
education assistance for students attending other educational establishments.
[Ord. No. 2012-15]
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.
The 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.
An 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.
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.
An 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".
A 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.
The area of a lot covered by impervious surfaces.
The 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.
The horizontal distance between the side lot lines measured
along a street line in a continuous unbroken line.
Any lot other than a corner lot.
Any 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.
(See definition for "Boundary Line Adjustment")
The distance between side lot lines measured at the minimum
required building setback from the street line.
Housing 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.
A 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.
Any 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.
Development requiring major subdivision or major site plan
approval.
All site plans not defined as minor or exempt.
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
A 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.
A stone building for entombment of the dead above ground.
The chief executive of the Governing Body of the Borough
of Flemington.
The consolidation of 2 or more lots into a single lot by
the removal of the lot lines.
See Convenience Store.
The 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 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.
Any division of land meeting all of the following criteria:
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.
A 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.
Housing 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.
A device that senses motion and will switch on lighting for
a brief duration.
(See definition for "Motor Vehicle")
Any automotive vehicle, including automobiles, buses, cars,
motorcycles, mopeds, tractors, self-propelled lawnmowers, and trucks.
Any 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.
The 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.
The 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.
A 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
A 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 building or portion of a building principally 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.
[Added 9-11-2023 by Ord. No. 2023-26]
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.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
An 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.
Improvements 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.
Improvements 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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water 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.
The area of the property that is landscaped or left in a
natural state after development expressed as a ratio of the total
site area.
The 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.
A 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.
An 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.
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 N.J.S.A. 40:55D-12.
Security 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.
Any use of land, building, or structure as permitted by this
ordinance.
Any 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.
Unit development, planned unit residential development, residential
cluster, planned commercial development or planned industrial development.
The Planning Board of the Borough of Flemington, Hunterdon
County, New Jersey established pursuant to N.J.S.A. 40:55D.
Plants that are native to the Eastern United States and not
imported stock from other areas of North America or other continents.
A map or maps of a subdivision or site plan.
The 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.
The plat submitted for purposes of discussion.
The plat submitted as a part of the application for preliminary
approval.
A 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.
The 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.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
A building or structure within which is conducted the main
or principal use of the lot on which said building is situated.
That portion of the facade of a building which fronts on
a public street.
[Added 5-26-2020 by Ord.
No. 2020-7]
The main purpose for which any lot is used.
A recreation facility operated by an organization (for profit
or nonprofit), and open only to bona fide members and guests of such
organization.
Any use not specifically defined as a permitted accessory
or conditional use in a zone.
The 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.
An 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.
Any public utility regulated by the Board of Public Utilities
and defined pursuant to N.J.S.A. 48:2-13.
The majority of the full authorized membership of a municipal
agency.
A 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.
Work 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).
Establishments 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]
Repair which requires a building permit.
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.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
A 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.
An 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.
Any 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.
An 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.[3]
[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 active uses such as convenience stores, restaurants, breweries,
and grocery 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]
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, dry cleaners,
and interior design shops. This shall not include medical, or office
uses, vehicle service and real estate offices or insurance offices.
[Added 9-11-2023 by Ord. No. 2023-26]
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.
A pond, pool or basin used for the storage of water runoff,
whether natural or man-made, designed to contain water permanently.
Lots 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.
The 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.
Any 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.
Any 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.
An 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 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.
Solid 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.
A barrier, dam, excavated pit, or dugout constructed across
a waterway or at other suitable locations to intercept and retain
sediment.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A 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.
Lands 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.
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.
A commercial use as defined by Division I within the Standard
Industrial Classification system (SIC).
The minimum distance between a street line and a lot line,
said space to be unobstructed except by fences or by shrubbery or
other planting.
A 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.
An 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.
A 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.
A 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.
Standard Industrial Classification Code as published by the
U.S. Office of Management and Budget, 1987.
The 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.
Any 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.
The 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.
A sign that is mounted or painted on, or attached to, an
awning, canopy or marquee.
The 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.
Any 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.
The 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.
Any 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.
Any sign, not attached to a building, which is erected, constructed,
supported or maintained on a post or pole or other bracing or supporting
device.
Any freestanding sign which is flush to or rests upon the
ground rather than erected on a post or pole.
In 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.
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
A sign perpendicular to a wall or facade which is attached
to and extends more than 12 inches from the surface of a building.
A sign erected by the municipality to direct the public to
local merchants, retailers, business services and offices.
A 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.
(See definition for "Sign, Facade")
A facility through which stormwater is directed and which
is designed to collect eroded soil from a designated area.
[Amended 5-26-2020 by Ord. No. 2020-7]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, 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.
The degree of deviation of a surface from the horizontal,
usually expressed as a percent or ratio of horizontal to vertical.
All unconsolidated mineral or organic material, of whatever
origin, that overlies bedrock and which can be readily excavated.
The map indicating the proposed scheduling and construction
details for soil erosion and sediment control.
A facility or structure, and all associated equipment, for
the purpose of producing electrical energy from solar, or photovoltaic
electric energy technologies.
[Ord. No. 2012-01]
An 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.
A building or part thereof in which retail uses are conducted.
A 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.
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.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way meeting any of the following:
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.
A higher-order, interregional road in the street hierarchy;
conveys traffic between centers; should be excluded from residential
areas. (See definition for "Street Hierarchy")
A 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).
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary. (See definition for "Street
Hierarchy")
A street having an island or other barrier separating moving
lanes of traffic.
Man-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.
The 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.
The 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.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
A street that has its only ingress and egress at 2 points
on the same subcollector or collector street.
A 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.
A 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.
A 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.
A 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.
The 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.
The 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).
Middle 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.
A 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").
As 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").
All 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.
A street which is to be extended when the adjacent property
is developed.
A tree in a public place, street, special easement or right-of-way
adjoining a street typically large in size when mature.
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.
A 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:
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.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
A 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.
[Added 9-11-2023 by Ord. No. 2023-26]
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.
An 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.
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying animals
and goods or objects.
A 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.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The portion of a yard surrounding a structure which is viable
for any use permitted by this ordinance.
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.
Services limited to sewage treatment, water supply, gas,
electric, telephone and cable television.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the Municipal Land Use Law.
The granting of relief from one or more submission requirements
for an application or relief from design requirements as set forth
in this ordinance.
A freshwater wetland as defined in the New Jersey Freshwater
Wetlands Protection Act N.J.S.A. 13:9B-1 et seq.
A 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.
An 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.
 |
An 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.
An 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.
A single-family detached unit which is located in such a
manner that one of the building's sides rests directly on a lot line.
The individual appointed by the Borough Governing Body to
enforce the Land Development Ordinance herein.
A certificate issued by the Zoning Officer:
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.
[1]
Editor's Note: The former definition of Entertainment Center, which immediately followed this definition, was repealed 9-11-2023 by Ord. No. 2023-26. History includes Ord. No. 2018-8.
[2]
Editor's Note: The former definition of "garage, private,"
which immediately followed this definition was repealed 4-11-2022
by Ord. No. 2022-3. See now the definition of "structured parking."
[3]
Editor's Note: The former definition of Retail Use, which
immediately followed this definition, was repealed 9-11-2023 by Ord. No. 2023-26.]
