[Ord. #98-01 § 1; Ord. #98-01A § 1; Ord.
#2000-04 § 2; Ord. #2005-12 §§ 1, 2; Ord.
#2005-13 § 1; Ord. #2005-15; Ord. #2013-03 § 3;
amended 8-18-2021 by Ord. No. 2021-09]
For the purpose of this ordinance, certain phrases and words
are herein described as follows: Words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; words used to include the male gender include the
female gender and vice versa; the word "used" shall also include arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used; the word "lot" includes the word "plot" and "premises;"
the word "building" includes the word "structure," "dwelling" or "residence;"
the word "shall" is mandatory and not discretionary. Any word or item
not defined herein shall be used with a meaning as defined in Webster's
New International Dictionary of the English Language, unabridged and
latest edition. Moreover, whenever a term is used in the Ordinance
which is defined in N.J.S.A. 40:55D-l et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-l et seq., unless
specified to the contrary in this ordinance.
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith, including,
but not limited to, garages, carports, barns, decks, dog houses, sheds,
nonportable swimming pools, and all roofed structures. Any accessory
building attached to the principal building shall be considered part
of the principal building.
Structures incidental to Farmland Assessment qualified farms
such as barns; packaging, grading and storage buildings; fences; buildings
for keeping of poultry and livestock; garages for the keeping of trucks
and other equipment used in farm operations; and accessory apartments.
The Clerk of the Township of Frelinghuysen or a Deputy Clerk
or assistant duly appointed by the Clerk of the Township to serve
as the Administrative Officer. Such individual shall have all the
responsibilities and authorities provided for the "Administrative
Officer" under the New Jersey Municipal Land Use Law (N.J.S.A. 40:55-D-1
et seq.).
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties such as, but not limited to, inadequate drainage
facilities, unsuitable street grades, street locations that fail to
compose a convenient system, and failure to provide or make future
allowances for access to the interior portion of adjoining lots or
for other facilities required by this ordinance.
Any change in, or additions to, the supporting members of
a building such as columns, foundations, walls, girders, beams or
rafters.
The landowner or the agent, optionee, contract purchaser
or other person authorized in writing to act for the landowner submitting
an application under this ordinance.
The application or appeal forms, together with the required
fees and all accompanying documents required by this ordinance for
approval of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction for issuance of a permit pursuant
to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36.
Structure for farming purposes and associated with a farm,
as defined herein.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet (4'), or more than four
feet (4'), above the finished grade where such grade meets the outside
walls of the building.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies.
The Land Use Board as established in Section 700.
[Amended by Ord. No. 2013-03]
Wherever reference is made in this ordinance to the "Board
of Health," it shall refer to either the Frelinghuysen Township Board
of Health or Warren County Department of Health, whichever has jurisdiction
in the specific instance.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured to the highest point from
the mean elevation of the finished grade at the foundation along the
side(s) of the building facing a street. In all cases where this ordinance
provides for height limitations by reference to a specified height
and a specified number of stories, the intent is to limit height to
the specified maximum footage and the specified number of stories
within said footage.
Means all parts of the plant Cannabis sativa L., whether
growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are
cultivated and, when applicable, manufactured in accordance with P.L.
2016, c. 16 for use in cannabis products as set forth in this act,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L.2009, c.307 (C.24:61-1 et al.) and
P.L.2015, c.158 (C.1SA:40-12.22 et al.); marijuana as defined in N.J.S.2C:35-2
and applied to any offense set forth in chapters 35, 35A, and 36 of
Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (C.2C:35B-
1 et seq.), or marihuana as defined in section 2 of P.L.1970, c.226
(C.24:21-2) and applied to any offense set forth in the "New Jersey
Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et
al.); or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238
(C.4:28-6 et al.).
[Added 8-18-2021 by Ord.
No. 2021-09]
Means any licensed person or entity that grows, cultivates,
or produces cannabis in this State, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers.
[Added 8-18-2021 by Ord.
No. 2021-09]
Means any licensed person or entity that provides courier
services for consumer purchases of cannabis items and related supplies
fulfilled by a cannabis retailer in order to make deliveries of the
cannabis items and related supplies to that consumer, and which services
include the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 8-18-2021 by Ord.
No. 2021-09]
means any licensed person or entity that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities.
[Added 8-18-2021 by Ord.
No. 2021-09]
Means a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 8-18-2021 by Ord.
No. 2021-09]
Means any licensed person or entity that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-18-2021 by Ord.
No. 2021-09]
Means any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
[Added 8-18-2021 by Ord.
No. 2021-09]
Means any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 8-18-2021 by Ord.
No. 2021-09]
The hard or paved surface portion of a street customarily
used for 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 of the paved or graded width.
That portion of a building partly below and partly above
grade, where the ceiling averages less than four feet (4') above the
finished grade where such grade meets the outside walls of the building.
A place where patients are studied or treated by physicians
specializing in various ailments and practicing as a group.
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use or enjoyment of the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board or Zoning Board of Adjustment, as the case may be, when so certified
by the Board or its authorized designee as indicated in Section 800
of this ordinance. In the event the application is not certified to
be complete within forty-five (45) days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five (45) day period for purposes of commencing the applicable
time period for action by the Board unless: a) the application lacks
information indicated on a checklist adopted by Ordinance and provided
to the applicant; and, b) the Board or its authorized designee has
notified the applicant, in writing, of the deficiencies in the application
within forty-five (45) days of submission of the application. The
applicant may request that one (1) or more of the submission requirements
be waived, in which event the Board or its designee shall grant or
deny the request within forty-five (45) days. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in
the application process that he is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error and submission of additional information not specified
in the Ordinance or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Board.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this ordinance, and upon the issuance of an authorization
therefor by the Planning Board.
The Director of Facilities and Development of the Township
of Frelinghuysen, Warren County, New Jersey, or such other individual
designated by the Township Committee.
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet (2') beyond the foundation.
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). All surfaced parking
areas and all required parking areas which are permitted to remain
unsurfaced shall be included in the computation of lot coverage.
The division of a parcel of land into two (2) or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or any
mining, excavation or landfill, and any use or change in use of any
building or other structure or land or extension of use of land, for
which permission may be required.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or lands required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A room or series of connected rooms designed for permanent
residency containing living, cooking, sleeping and sanitary facilities
for one (1) housekeeping unit. The dwelling shall be self-contained
and shall not require the use of outside stairs, passing through another
dwelling unit or indirect route(s) to get to any portion of the dwelling
unit, nor shall there be shared facilities with another housekeeping
unit.
DETACHED SINGLE-FAMILYA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit which has its own sleeping, sanitary and general living facilities.
ACCESSORY APARTMENTA second residential dwelling unit created within a single-family dwelling; or a residential unit created within an accessory structure on a lot occupied by a residential dwelling unit, and meeting the requirements for accessory apartments set forth in this ordinance.
A right to use the real property of another created by deed
or other legal means, for the benefit of private persons or the public,
for one (1) or more specific purposes such as access, drainage, conservation,
or provision of utility services.
PRINCIPAL USESA lot with at least six (6) acres that qualifies for Farmland Assessment (N.J.S.A. 54:4-23.2) devoted to the growing and harvesting of crops and/or the raising and/or breeding and/or boarding of animals, including equine facilities, truck farms, fruit farms, aqua farms, nurseries and greenhouses, silviculture operations, dairies and livestock produce, except that commercial piggeries are excluded.
ACCESSORY USESStructures incidental to farms such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for keeping of poultry and livestock; and garages for the keeping of trucks and other equipment used in farm operations.
A building located on a Farmland Assessment qualified farm
or orchard property on which a majority portion of the products for
sale are grown.
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater.
FLOODWAYThe channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream.
FLOOD HAZARD AREAThe floodway and the flood fringe area of a delineated stream.
FLOOD FRINGE AREAThat portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREA DESIGN FLOODThe 100-year storm in non-delineated areas and the 100-year storm plus twenty-five percent (25%) in delineated areas.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section, provided that
the area under any roof overhang of two feet (2') or less shall not
be included in the G.F.A. calculation.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least seven feet (7') including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, half-stories and unfinished attics
and basements.
The ratio of the Gross Floor Area to the area of the lot
or tract.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles belonging to the
occupants of the main building to which the garage is an accessory.
Any building, premises and land in which, or upon which,
a business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
The slope of a road, path, driveway, swale or other surface,
or the average finished ground elevation adjoining a building at project
completion.
An occupation conducted in a dwelling unit, subordinate to
its residential use, provided that:
Such occupation may be pursued in the principal dwelling unit
structure or in a secondary building which is accessory to such principal
building or structure.
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than an area equivalent to forty percent
(40%) of the gross habitable floor area of the principal dwelling
unit structure shall be used in the conduct of the home occupation:
No person other than members of the household residing on the
premises plus one (1) secretary and one (1) other assistant shall
be engaged in the occupation on the premises.
No retail trade and/or wholesale trade shall be permitted where
the actual transfer of goods or merchandise occurs on the premises.
The residential character of the lot and building shall not
be changed; no occupational sounds shall be audible outside the building;
and no equipment shall be used which will cause interference with
radio or television reception in neighboring residences.
There shall be no exterior evidence of the home occupation other
than one (1) unlighted name plate identifying the home occupation,
not exceeding three (3) square feet in area, either attached or freestanding
and set back at least fifteen feet (15') from all street rights-of-way
and property lines.
The home occupation shall not necessitate the need to park more
than two (2) vehicles at any time in addition to those ordinarily
used by the residents of the home. Said vehicles shall be limited
to passenger automobiles and must be parked off-street.
The applicant shall have applied for and received "minor" site
plan approval from the Planning Board in accordance with the applicable
requirements of this ordinance.
An institution where the ill or injured may receive medical,
surgical, or psychiatric treatment, and including nursing, food and
lodging during illness.
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency.
One or more persons living together in one dwelling on a
non-seasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a non-profit basis.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under the provisions of this ordinance, or whose
rights to use, acquire, or enjoy property under the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.) or this ordinance, or under any
other law of this State or of the United States have been denied,
violated or infringed upon by an action or a failure to act under
the provisions of this ordinance.
Any space, more than 200 square feet in area, whether inside
or outside a building, used for the storage, keeping or abandonment
of junk, including scrap metals or other scrap materials, or for the
dismantling, demolition, salvage, resale or abandonment of inoperable
automobiles or other vehicles or machinery or parts thereof, or the
unenclosed storage of three (3) or more unregistered vehicles. Junk
yards are prohibited.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading in the side or rear yard areas
only.
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; provided that no portion of an existing public
street shall be included in calculating a lot boundary or lot area.
The word "lot" includes the words "plot" and "premises."
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
The diameter of the largest circle which can be inscribed
within the lot lines.
On a corner lot, the front yard shall be deemed to be where
the driveway intersects a public street.
[Added 5-16-2018 by Ord.
No. 2018-11]
The average distance measured from the front lot line to
the rear lot line. In the case of a corner lot, this shall be measured
from the front yard established by orientation of the dwelling on
the lot.
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the minimum
lot width, except that where the lot frontage is a curve with an outside
radius of less than five hundred feet (500'), the minimum frontage
shall not be less than seventy-five percent (75%) of the minimum lot
width. In the case of a corner lot, either street line may be considered
the lot frontage, provided that it equals or exceeds the minimum frontage
requirements of this ordinance for the land in question. Where a lot
has discontinuous frontage, the minimum lot frontage requirement must
be met with the required length of unbroken frontage.
A lot other than a corner lot.
The permitted reduction in the required minimum lot size
by an allowable maximum amount of lots in a subdivision, along with
a corresponding increase in the area of other lots above the minimum
lot size, so that the average area of all lots in the subdivision
is equal to or greater than the minimum required lot size.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than seventy-five percent (75%) of the minimum lot frontage
for the zoning district in which the lot is located. Where a lot has
discontinuous frontage, the minimum lot width requirement must be
met along a contiguous distance.
 |
means any person or entity licensed, or an applicant for
a license, to operate as medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary, clinical registrant or
an alternative treatment center under the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (c. 24:61-1 et al).
[Added 8-18-2021 by Ord. No. 2021-09]
The Planning Board, Board of Adjustment or Township Committee,
or any other agency created or responsible to one (1) or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
A building or structure the size, dimension, or location
of which was lawful prior to the adoption, revision or amendment of
this ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot the area, dimension, or location of which was lawful
prior to the adoption, revision or amendment of this ordinance, but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or
practice. A cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things such as but not limited to: noise, dust,
smoke, odor, glare, vibration, heat, electronic or atomic radiation,
objectionable effluent, and traffic.
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
a street right-of-way or drainage or utility easement.
Located on the lot in question.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
An incorporated, non-profit organization operating in a Planned
Development under recorded land agreement providing that: (a) each
owner is automatically a member; (b) each occupied dwelling unit is
automatically subject to a charge for proportionate share of expenses
for the organization's activities and maintenance, including any maintenance
costs levied against the organization by the Township; and, (c) each
owner and tenant has the right to use the common property.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or legal entity, having sufficient proprietary
interest in the land sought to be subdivided and/or developed to commence
proceedings under this ordinance to effect a development of land hereunder
for himself or for another.
An area not less than ten feet (10') wide by eighteen feet
(18') in length, either within a structure or in the open, for the
parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that nothing shall prohibit
private driveways for dwelling units from being considered off-street
parking areas, provided that no portion of such driveway within the
right-of-way line of the street intersected by such driveway shall
be considered off-street parking space. The width and length of each
space shall be measured perpendicular to each other regardless of
the angle of the parking space to the access aisle or driveway.
PARKING SPACE
 |
Any security, in accordance with the requirements of this
ordinance, which may be accepted subject to review and approval by
the Township Attorney in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements, provided that the
Township shall not require more than ten percent (10%) of the total
guarantee in cash.
Any use of land or buildings as permitted by this ordinance.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a specified minimum contiguous or noncontiguous
acreage of ten (10) acres or more to be developed as a single entity
according to a plan, containing one (1) or more residential clusters
or planned unit residential developments and one (1) or more public,
quasi-public, commercial, or industrial areas in such ranges of ratios
of nonresidential uses to residential uses as shall be specified in
the Zoning Ordinance.
RESIDENTIAL CLUSTERmeans an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
See Land Use Board.
A building, structure or use which is the main or primary
building, structure or use on the lot.
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof, such
as:
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building and
which may include a "drive-in" window. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, playfield
or park, operated solely by the agency or group operating the recreational
facility and for the convenience of patrons of the facility, shall
not be deemed a restaurant.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or, the alteration of streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
Lands and buildings providing for the sale of automotive
fuel, lubricants, and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or lot line and
beyond which a building or part of a building is not permitted to
extend toward the street line or lot line.
SETBACK LINE
 |
A triangular area established in accordance with the requirements
of this ordinance in which no grading, planting or structure shall
be erected or maintained more than eighteen inches (18") above the
street center line except for street signs, fire hydrants and light
standards.
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illumination, insignia
or other visual communication is used to advertise or promote the
interest of any person, products or service when the same is placed
in view of the general public.
A development plan of one or more lots on which is shown:
(1) the existing and proposed conditions of the lot, including but
not limited to topography, vegetation, drainage, flood plains, wetlands
and waterways; (2) 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 (3) any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this ordinance.
MINOR SITE PLANAny development plan which is limited to the proposed construction of any permitted accessory use(s) other than fences and signs, such as a home occupation or off-street parking area, as such accessory uses are specifically permitted in Section 400 of this ordinance, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by Section 802B1 of this ordinance and not accounting for more than ten percent (10%) additional building coverage and not exceeding more than four thousand (4,000) cubic feet of enclosed and roofed area; providing that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties.
MAJOR SITE PLANAny development plan not classified as a minor site plan.
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this ordinance,
the interior of the roof shall not be considered a ceiling. Moreover,
cellars and basements in a non-residential building shall be considered
stories when considering the height of a building, unless said areas
are used solely for ancillary storage. A half-story is the area under
a pitched roof at the top of a building, the floor of which is at
least four feet (4'), but no more than six feet (6'), below the plate.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way: (1) which is an existing state, county or municipal
roadway or (2) which is shown on a plat heretofore approved, pursuant
to law, or (3) which is approved as provided by this ordinance, or
(4) which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street line.
The edge of the existing or future street right-of-way, whichever
may 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 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, including but not limited to, buildings, fences,
standards, signs, towers, tanks, swimming pools and tennis courts.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels, or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of the Ordinance if no new streets are created: (1) divisions
of land found by the Planning Board to be for agricultural purposes
when all resulting parcels are five acres or more in size; (2) divisions
of property by testamentary or intestate provisions, provided the
division is in conformity with the applicable Ordinance requirements;
(3) divisions of property upon court order including, but not limited
to, judgments of foreclosure; (4) consolidation of existing lots by
deed or other recorded instrument; and (5) 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 all requirements of the Frelinghuysen
Township municipal development regulations and which are shown and
designated as separate lots, tracts or parcels on the tax map or atlas
of the Township of Frelinghuysen. The term "subdivision" shall also
include the term "resubdivision."
MINOR SUBDIVISIONAny division of land containing an aggregate of three (3) lots (two new lots and the remaining parcel), and:
|
Each fronting on an existing street or streets;
|
|
Not involving any new street;
|
|
Not involving any streets requiring additional right-of-way
width as specified in the Master Plan or Official Map and/or the street
requirements of this ordinance, unless such additional right-of-way
width, either along one (1) or both sides of said street(s), as applicable,
shall be deeded to the Township or to the appropriate governmental
authority prior to classification as a minor subdivision;
|
|
Not involving any required "off-tract" improvements (although
off-site improvements may be required, as determined by the Board
and in accordance with the requirements of this ordinance);
|
|
Not involving a planned development;
|
|
Not adversely affecting the development of the remainder of
the parcel or adjoining property;
|
|
Not being a further division of an original tract of land for
which previous minor subdivision of one (1) new lot has been approved
by the Township within a twelve (12) month period and where the combination
of the proposed and previously approved minor subdivision(s) constitute
a major subdivision, i.e., more than two (2) new lots plus the remaining
parcel; and
|
|
Not being deficient in those details and specifications required
of minor subdivisions as specified in this ordinance.
|
|
The original tract of land shall be considered any tract in
existence at the time of the adoption of this Land Development Ordinance
as shown on the Township tax maps. Any readjustment of lot lines resulting
in no new lots shall be classified as a minor subdivision for purposes
of the application submission and review requirements specified in
Section 803 of this ordinance, except that any readjustment of lot
lines shall not be counted as a minor subdivision for purposes of
determining the number of lots created.
|
|
The twelve (12) month period required between the minor subdivision
of two (2) lots and the application for another minor subdivision
on the same tract shall commence on the date that all conditions of
subdivision approval are satisfied, as certified to the Board by the
Planning Board Engineer.
|
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
A swimming pool that is not permanently installed and meets
all of the following criteria: does not require water filtration,
circulation and purification; does not exceed twenty-four inches (24")
in depth; does not exceed a water surface of two hundred fifty (250)
square feet; and does not require braces or supports. Portable swimming
pools are not subject to this ordinance.
Any swimming pool, other than a portable swimming pool, that
is located on a lot principally used for a single-family detached
dwelling and including all buildings, structures, and equipment appurtenant
thereto. Private residential swimming pools must be located in side
or rear yards only.
All swimming pools associated with other than detached single-family
dwellings.
Township of Frelinghuysen, Warren County, New Jersey.
An area of land composed of one (1) or more lots adjacent
to one another, having sufficient dimensions and area to make one
(1) parcel of land meeting the requirements of this ordinance for
the use(s) intended.
The area necessary in a parking lot such as aisles and driveways
for maneuvering vehicles into and out of parking stalls and in other
areas for allowing vehicles to turn around.
Permission granted to an applicant for development by the
Planning Board or the Zoning Board of Adjustment, as the case may
be, to depart from the literal requirements of the zoning provisions
of this ordinance.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line. (See Figure 1.) This shall
be measured from the extension of the flag stem in the case of a flag
lot.
All buildings to be placed on Farmland Assessment qualified
lots shall have a minimum front yard as defined in Section 402. The
redefinition of the front yard as set forth under Yard, Front above
shall be waived for any Qualified Farm Land.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line. (See Figure
1.)
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
(See Figure 1.)[1]
See Land Use Board.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
