[Ord. No. 751 § 24-1]
The short form by which this chapter may be known shall be the
"Land Development Ordinance of the Borough of Peapack and Gladstone."
[Ord. No. 751 § 24-2]
This chapter is adopted pursuant to the Municipal Land Use Law
of 1975 (N.J.S.A. 40:55D-1 et seq.), and subsequent amendments and
supplements thereto, in order to promote and protect the public health,
safety, morals and general welfare.
The purposes of this chapter are as follows:
a.
To plan and guide the appropriate use or development of all land
in a manner which will promote the public health, safety, morals and
general welfare in the following manner:
1.
By regulating the location of buildings and establishing standards
of development; establishing building lines and the location of buildings
designed for residential, commercial, industrial, office or other
uses within such lines; and to fix reasonable standards to which buildings
or structures shall conform.
2.
By prohibiting incompatible uses; and prohibiting uses, buildings
or structures which are incompatible with the character of development
of the permitted uses within specified zoning districts and surrounding
areas.
3.
By regulating alterations of existing buildings; and preventing such
additions to and alterations or remodeling of existing buildings or
structures as would not comply with the restrictions and limitations
imposed hereunder.
4.
By conserving the value of land and buildings throughout the Borough.
b.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
c.
To provide adequate light, air and open space.
d.
To ensure that land development does not conflict with the development
and general welfare of neighboring municipalities, the county and
the state as a whole.
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
maintenance of the character of the neighborhoods, preservation of
the environment and quality of life.
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
g.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements.
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which will result in congestion or blight.
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
j.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper land use.
k.
To encourage coordination of various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
l.
To provide, within the community's resources, the future housing
needs of the citizens of the Borough of Peapack and Gladstone.
m.
To encourage senior citizen community housing construction.
n.
To promote utilization of renewable energy sources.
o.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
[Ord. No. 751 § 24-3]
a.
Where the provisions of this chapter impose greater restrictions
than those imposed by any other provisions of law or by other ordinances,
regulations or resolutions, the provisions of this chapter shall control.
Where the provisions of any other law, ordinance, regulation or resolution
impose a greater restriction than those imposed by this chapter, the
provisions of such other law, ordinance, regulation or resolution
shall control.
b.
The provisions and requirements of this chapter shall be held paramount
to any corresponding or similar, but less restrictive, provisions
and requirements established by any law, ordinance, rules or regulation
or by deed restriction, private covenant or agreement. Where this
chapter imposes a greater restriction or limitation upon the use of
buildings or premises or upon the height of buildings or lot coverage,
or requires greater lot areas or larger yards, courts or other open
spaces than are presently imposed or required by existing provisions
of law or ordinance, by existing rules, regulations or permits or
by covenants or restrictions imposed by deed or private agreements,
the provisions of this chapter shall control.
[Ord. No. 751 § 24-4]
Following the effective date of this chapter, the establishment
of any use not expressly permitted by this chapter shall be prohibited.
[Ord. No. 751 § 24-5]
For the purposes of this chapter:
a.
The present tense shall include the future.
b.
The singular number shall include the plural and the plural the singular.
c.
The word "shall" is always mandatory; the word "may" is discretionary.
d.
The words "zone" and "district" are synonymous, and whenever the
term "structure" is used, it shall be construed to mean and include
the term "building."
[Ord. No. 751 § 24-6; Ord. No. 759 § 1; Ord. No. 780 §§ 1,2; Ord. No. 805 § 4; Ord.
No. 811 §§ 2,3; Ord.
No. 898 § 1; Ord. No.
1015-2015 § 3; Ord. No.
2017-1047]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English Language,
unabridged (or the latest edition). Whenever a term is used in this
chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term
shall have the same meaning as the State statute, which shall be from
time to time amended.
Shall mean any existing or proposed County road shown on
the adopted County Master Plan or Official Map which adjoins or lies
within a lot or parcel of land submitted for subdivision or site plan
approval.
Shall mean an added roadway lane which permits integration
and merging of slower-moving vehicles into the main vehicular stream
or slowing down of vehicles. See Figure 1.
 |
Shall mean a physical entrance to property.
Shall mean a building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof.
Shall mean a use of land or of a building or portion thereof
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot as the principal use.
Shall mean a structure added to the original structure at
some time after the completion of the original structure.
Shall mean the Administrative Secretary of the Land Use Board
of the Borough of Peapack and Gladstone.
Shall mean the absence of drainage facilities, drainage easements
or drainage rights-of-way leading to, along or through a street, road,
drainage structure or property, either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition which would provide adequately for storm drainage, or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure or property, or remove the threat
of such damage.
Shall mean the results of development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions shall relate to circulation, drainage, erosion, potable water, sewage collection and treatment or those factors specifically set forth in Article V.
Shall mean any environmental pollutant such as smoke, odors,
liquid wastes, radiation, noise, vibrations, glare, trespass lighting
or heat.
Shall mean the production, keeping or maintenance, for sale,
lease or personal use, of plants and animals useful to humans including
forages and sod crops, grains and seed crops, dairy animals and dairy
products, poultry and poultry products, horses, ponies and livestock,
bees and apiary products, trees and forest products.
Shall mean any building used for the housing of agricultural,
horticultural, equestrian or silvicultural equipment, produce, livestock
or poultry or for the incidental or customary processing of farm products,
provided that such building is located or operated in conjunction
with the operation of agricultural, horticultural, equestrian or silvicultural
activity.
Shall mean the traveled way by which cars enter and depart
parking spaces.
Shall mean any change or rearrangement in the supporting
members of an existing building such as bearing walls, columns, beams,
girders or interior partitions, as well as any change in doors or
windows or any enlargement or diminution of a building or structure.
Alteration shall also mean and include any conversion of a building
or a part thereof from one use to another or the moving of a building
or structure from one location to another. Alteration shall not be
construed to mean any necessary repairs and renovation of an existing
structure solely for the purpose of maintenance and/or improvements
of the appearance.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plan, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to this chapter.
Shall mean a plan which has been granted final approval by
the Land Use Board of the Borough of Peapack and Gladstone.
Shall mean the Borough of Peapack and Gladstone Land Use
Board, unless a different agency is designated by this chapter.
[Deleted by Ord. No. 1015-2015 § 3]
Shall mean the entity responsible for the administration
of a condominium, which entity may be incorporated or unincorporated.
Shall mean the open nonhabitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
Shall mean the highest elevation, expressed in feet above
sea level, of the level of floodwaters occurring in the regulatory
base flood.
Shall mean a space partially below grade level having one-half
(1/2) or more of its floor-to-ceiling height above the average level
of the adjoining ground and with a floor-to-ceiling height of not
less than six and one-half (6 1/2) feet.
Shall mean a mound of earth or the act of pushing earth into
a mound.
Shall mean a lane at the edge of a roadway reserved and marked
for the exclusive use of bicycles.
Shall mean a pathway, often paved and separated from streets
and sidewalks, designed to be used by bicycles.
Shall mean a sign advertising an occupant, product or service
on other than the lot upon which the billboard is located.
Shall mean the area bounded by one (1) or more streets or
a municipal boundary of sufficient size to accommodate a lot or lots
of the minimum size required in this chapter.
Shall mean the Borough of Peapack and Gladstone Land Use
Board.
Shall mean a person other than a member of a family occupying
a part of any dwelling unit who, for a consideration, is furnished
sleeping accommodations in such dwelling unit and may be furnished
meals as part of this consideration. Not more than two (2) persons
who are not members of the family shall be permitted in any one (1)
dwelling.
Shall mean that person appointed to the position by the Borough
Council.
Shall mean a structure designed to convey vehicles and/or
pedestrians over a watercourse, railroad, street or any depression.
Shall mean a strip of land containing natural woodlands,
earth mounds, or other planted screening materials used to physically
separate or screen one use or property from another so as to minimize
adverse impacts. No building, parking area, driveway (except to provide
access to the property and which is perpendicular to the buffer area)
street, sign (except directional sign) or storage of materials shall
be permitted in such buffer.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean the ratio of the horizontal area of all principal
and accessory buildings measured from the exterior surface of the
exterior walls of the ground floor on a lot to the total lot area.
See Figure 2.
Shall mean the two-dimensional space within which a principal
building is permitted to be built on a lot and which is defined by
minimum yard setbacks. See Figure 2.
 |
See Height of building.
Shall mean a line parallel to the street line or the lot
line touching that part of a building closest to the street or lot
line. In the case of a cantilevered section of a building, the building
line will coincide with the most projected surface. All yard requirements
shall be measured to the building line. See Figure 2.
Shall mean the diameter of a tree trunk measured in inches
a distance of six (6) inches off the ground.
Shall mean a self-supporting roof-like shelter or marquee
without sides, permanently affixed to the wall of a building and providing
overhead protection from the weather at an entrance to said building,
which shall be construed to be a part of the building to which it
is affixed.
Shall mean a timetable or schedule of all future capital
improvements to be carried out during a specific period and listed
in order of priority, and may also include cost estimates and the
anticipated means of financing each project.
Shall mean a single-vehicle, share-the-expense method of
transportation for two (2) or more individuals who regularly travel
together to a common destination.
Shall mean a roofed structure providing space for the parking
or storage of motor vehicles and enclosed on not more than three (3)
sides.
Shall mean the hard or paved area of a street between the
curbs, including travel lanes and parking areas but not including
shoulders, curbs, sidewalks or swales. Where there are no curbs, the
cartway is that portion between the edges of the paved or graded width.
Shall mean a space with less than one-half (1/2) of its floor-to-ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than six and one-half (6 1/2)
feet.
Shall mean a document issued by the Construction Official
allowing the occupancy or use of a building and certifying that the
structure or use has been constructed and/or renovated according to,
and in compliance with all the applicable State codes and municipal
ordinances and resolutions.
Shall mean any use which substantially differs from the previous
use of a building or land.
Shall mean a definable bed and banks of a watercourse which
confine and conduct flowing water continuously or intermittently.
Shall mean an establishment providing for the care, supervision,
and protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (C. 30:5B-1 et seq.).
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, pipes and conduits, and
the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents 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.
Shall mean ownership of two (2) or more contiguous parcels
of real property by one (1) person or by two (2) or more persons or
entity owning such property jointly.
Shall mean water supply and sewage disposal systems, whether
privately or publicly owned and operated, that serve two (2) or more
dwellings or other buildings.
Shall mean any community residential facility licensed pursuant
to P.L. 1977, c. 448 (C. 30:11B-1 et seq.), as amended from time to
time, providing food, shelter, and personal guidance, under such supervision
as required, to not more than fifteen (15) developmentally disabled
or mentally ill persons, who require assistance, temporarily or permanently,
in order to live in the community, and shall include, but not be limited
to: group homes, half-way houses, intermediate care facilities, supervised
apartment living arrangements, and hostels. Such a residence shall
not be considered a health care facility within the meaning of the
Health Care Facilities Planning Act (P.L. 1971, c. 136; c. 26:2H-1
et seq.).
Shall mean a community residential facility licensed pursuant
to P.L. 1977, c. 448 (C. 30:11B-1 et seq.), as amended from time to
time, providing food, shelter and personal guidance, under such supervision
as required, to not more than fifteen (15) persons with head injuries,
who require assistance, temporarily or permanently, in order to live
in the community, and shall include, but not be limited to, group
homes, halfway houses, supervised apartment living arrangements and
hostels. Such a residence shall not be considered a health care facility
within the meaning of the Health Care Facilities Planning Act, 1971,
c. 136 (C. 26:2H-1 et seq).
Shall mean any community residential facility operated as
a hospice program providing food, shelter, personal guidance and health
care services, under such supervision as required, for not more than
fifteen (15) terminally ill persons.
Shall mean any shelter approved for a purchase of service
contract and certified pursuant to standards and procedures established
by regulation of the Department of Human Services pursuant to P.L.
1979, c. 337 (C. 30:14-1 et seq.), as amended from time to time, providing
food, shelter, medical care, legal assistance, personal guidance,
and other services to not more than fifteen (15) persons who have
been victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical or psychological welfare.
Shall mean an application form completed as specified by
this chapter and the rules and regulations of the Borough and all
accompanying documents required by this chapter for approval of the
application for development.
Shall mean a controlled process of degrading organic matter
by microorganisms.
Shall mean 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 and operation of
such use as contained in the Zoning Ordinance and upon the issuance
of an authorization therefor by the Land Use Board.
Shall mean the form of ownership of real property under a
master deed providing for ownership by one (1) or more owners of units
of improvements together with an undivided interest in common elements
appurtenant to each such unit.
Shall mean a facility used for conferences and seminars,
with accommodations for sleeping, food preparation and eating, recreation,
resource facilities and meeting rooms.
Shall mean the Construction Official of the Borough of Peapack
and Gladstone.
Shall mean legal authorization for the erection, alteration
or extension of a structure.
Shall mean tracts of land which share a common boundary.
Shall mean a composite of the plan elements for the physical
development of Somerset County, with the accompanying maps, plats,
charts and descriptive and explanatory matter adopted by the County
Planning Board.
Shall mean the Somerset County Planning Board.
Shall mean any open space, unobstructed from the ground to
the sky, that is bounded on two (2) or more sides by the walls of
a building.
Shall mean the turnaround at the end of a dead-end street.
Shall mean a structure under a driveway, road, railroad or
pedestrian walk, not incorporated in a closed drainage system.
Shall mean the opening along the curbline at which point
vehicles may enter or leave the roadway.
Shall mean portion of land surface or area from which earth
has been removed or will be removed by excavation; the depth below
original ground surface or excavated surface.
Shall mean calendar days.
Shall mean a street or portion of a street which is accessible
by a single means of ingress or egress.
Shall mean a dedication of land for construction, reconstruction,
widening, repairing, maintaining or improving a street, public or
private, and for the construction, reconstruction or alteration of
facilities related to the safety, convenience or carrying capacity
of said street, including, but not limited to, curbing, pedestrian
walkways, drainage facilities, traffic control devices and utilities
in or along road rights-of-way.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean New Jersey Department of Environmental Protection.
Shall mean an impoundment area created by constructing an
embankment, excavating a pit or both for the purpose of temporarily
storing stormwater.
Shall mean the legal or beneficial owner or owners of a lot
or of any land 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.
Shall mean the division of a parcel of land into two (2)
or more parcels; the construction, reconstructtion, conversion, structural
alteration, relocation or enlargement of any building or other structure;
any mining, excavation, landfill or land disturbances and any use,
change in use or extension of use of land for which permission may
be required.
See Residential cluster.
Shall mean development other than planned development or
cluster development.
Shall mean the application form and all accompanying documents
required by this chapter for consideration by the Board for action
on a development.
Shall mean zoning, subdivision, site plan, official map or
other municipal regulation of the use and development of land or amendment
thereto adopted and filed pursuant to the Municipal Land Use Law.
Shall mean a severe, chronic disability of a person which:
Is attributable to a mental or physical impairment or combination
of mental or physical impairments;
Is manifest before age 22;
Is likely to continue indefinitely;
Results in functional limitations before the age of 22 in three
or more of the following areas of major life activity, that is, self-care,
receptive and expressive language, learning, mobility, self-direction
and capacity for independent living or economic self-sufficiency;
and
Reflects the need for a combination and sequence of special
interdisciplinary or generic care, treatment or other services which
are lifelong or extended duration and are individually planned and
coordinated.
|
Developmental disability includes but is not limited to, severe
disabilities attributable to mental retardation, autism, cerebral
palsy, epilepsy, spina bifida and other neurological impairments which
satisfies the criteria of Developmentally Disabled as defined herein.
[Ord. No. 2017-1047] |
Shall mean a drainage channel constructed across or at the
bottom of a slope to divert water.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means, which include controls of
runoff during and after construction, or development to minimize erosion
and sedimentation; and the means necessary for water supply preservation,
prevention or alleviation of flooding.
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Shall mean a paved or unpaved area used for ingress or egress
of vehicles and allowing access from a street to a building or other
structure or facility.
Shall mean a driveway which provides access to more than
one (1) dwelling unit in the RE and RR-5 zones.
Shall mean a covered pit with an open jointed lining into
which water is piped or directed from roofs, basement floors, other
impervious surfaces or swales or pipes to seep or percolate into the
surrounding soil.
Shall mean a structure or portion thereof that is used exclusively
for human habitation. Dwellings may include but are not limited to
the following types:
Detached single-family shall mean a dwelling that is not attached
to any other dwelling by any means.
Attached single-family/townhouse shall mean a one-family dwelling
in a row of at least three (3) such attached units in which each unit
has its own front and rear access to the outside, no unit is located
over another unit and each unit is separated from any other unit by
one (1) or more vertical common fire-resistant walls.
Multi-family shall mean a building containing three (3) or more
dwelling units that share common horizontal separations, including
garden apartments.
Patio home shall mean a single-family unit joined together by
terrace, patio, garage, porch or lanai.
Semidetached single-family shall mean a single-family dwelling
attached to one (1) other single-family dwelling on an adjoining lot
by a common vertical wall erected on the lot line dividing the two
(2) lots.
Two-family shall mean a building on a single lot containing
two (2) dwelling units, each of which is separated from the other
by an unpierced wall extending from ground to roof or an unpierced
ceiling and floor extending from exterior wall to exterior wall, except
for a common stairwell exterior to both dwelling units.
Mobile shall mean a structure constructed as a vehicle, containing
living quarters with accommodations for sleeping, and which may or
may not have built-in sanitary and cooking facilities. It may either
move from place to place under its own power or be towed by any other
vehicle. It may also be immobilized without changing its character.
This term includes habitable trailers, camping trailers and similar
habitable devices.
Shall mean one (1) or more rooms designed, occupied or intended
for occupancy as separate living quarters with cooking, sleeping and
sanitary facilities provided within the dwelling unit for the exclusive
use of a single family maintaining a household.
Shall mean a grant of one (1) or more property rights by
the property owner to and/or for use by the public, a corporation
or another person or entity.
Shall mean any obstruction within a delineated floodway.
Shall mean a municipal advisory body created pursuant to
N.J.S.A. 40:56A-1 et seq.
Shall mean a study to determine the potential direct and
indirect effects of a proposed development on the environment.
Shall mean the breeding and/or boarding of horses.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean removal or recovery by any means whatsoever of
minerals, mineral substances or organic substances, other than vegetation,
from the water, land surface or beneath the land surface, whether
exposed or submerged. Normal agricultural activities shall not be
considered to be excavation.
Shall mean the vertical location of the ground surface prior
to excavating or filling.
Shall mean one (1) or more individuals occupying a dwelling
unit and living as a single household unit.
Shall mean a private residence which is registered as a family
day care home pursuant to the Family Day Care Provider Registration
Act, P.L. 1987, c. 27 (C. 30:5B-16 et seq.); and is further defined
as a private residence in which child care services are provided for
a fee to not less than three (3) and no more than five (5) children
at any one (1) time for not less than fifteen (15) hours per week.
Shall mean an area of land at least five (5) acres in area,
which is actively devoted to agriculture, silviculture or horticulture.
Shall mean a structure made of posts or stakes, joined together
by boards, wire or rails, serving as an enclosure, a barrier or as
a boundary.
Shall mean the official action of the Land Use Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the final map of all or a portion of a development
which is presented to the Board for final approval in accordance with
these regulations and which, if an approved subdivision, shall be
filed with the proper County Recording Officer.
Shall mean any structure wherein business of primarily a
monetary nature is transacted, such as banks, savings and loans associations,
mortgage companies and similar institutions.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of
inland or tidal waters and/or the unusual and rapid accumulation or
runoff of surface waters from any source.
Shall mean the susceptibility to damage by potential floods
at that site, as well as a given site's potential to increase off-site
flooding, as amended from time to time by the DEP.
Shall mean that portion of the flood plain outside of the
floodway or encroachment lines, as amended from time to time by the
DEP. See Figure 3.
Shall mean the flood plain consisting of the floodway and
the flood fringe area. See Figure 3.
Shall mean the elevation of the flood hazard area design
flood, as amended from time to time by the DEP.
Shall mean the flood used in State Adopted Flood Studies.
It is the flood resulting from the 100-year flood discharge increased
by twenty-five (25%) percent, as amended from time to time by the
DEP.
Shall mean the area inundated by the regulatory flood including
the watercourse that creates it, as amended from time to time by the
DEP.
Shall mean the channel and portions of the flood plain adjoining
the channel which are reasonably required to carry and discharge the
regulatory flood. The term floodway shall refer to both the delineated
floodway on State Adopted Studies and the area between the encroachment
lines located on both sides of a non-delineated watercourse, as amended
from time to time by the DEP. See Figure 3.
Figure 3
|
Shall mean the sum of the area of all floors of buildings
measured to the dimensions of the outside walls of the buildings,
excluding attic, basement and cellar floor area not utilized for office
or laboratory occupancy, parking garages, open porches, patios, terraces,
breezeways, arcades, utility, mechanical and emergency power equipment
areas, guard houses and any floor area if projected into an atrium
space above the ground floor.
Shall mean the sum of the gross horizontal areas of the full
stories of a principal dwelling on a lot, which areas are surrounded
by walls and covered by a roof. The floor area shall be measured from
the faces of exterior walls or from the center line of a wall separating
two (2) dwellings. The floor area calculation shall exclude attics,
cellars, basements and any half-story.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site in accordance
with the definitions of "Floor area, nonresidential" or "Floor area,
residential", as the case may be.
Shall mean particles of airborne matter, not including process
material, arising from the combustion of fuel, such as coal, wood
or oil.
Shall mean an establishment primarily engaged in the retail
sale of food which is processed or otherwise prepared for eventual
consumption but not consumed on the premises. Such uses include but
are not limited to the following: bakeries, delicatessens, ice cream
parlors, and bagel shops. Where such uses have tables, such uses shall
be deemed restaurants.
See Lot, frontage.
Shall mean a building intended for the parking of motor vehicles.
Shall mean a detached accessory building or a portion of
the main building used primarily for the storage of a passenger vehicle
or vehicles and not more than one (1) commercial vehicle of a rated
capacity not exceeding three-quarter (3/4) tons, which commercial
vehicle is owned or used by the occupant of the building to which
the garage is accessory.
Shall mean an enclosed building intended for the storage,
servicing, or repair of motor vehicles as a business or any facility
that is a part of an agency dealing in new or used motor vehicles.
A public garage shall not include a car wash or auto detailing facility.
Shall mean a place where gasoline or other motor fuel is
offered for sale to the public and deliveries are made directly into
motor vehicles and which may provide for minor repairs but shall not
include auto body work, welding or painting, nor any repair work outside
of the enclosed building.
Shall mean a professional engineer who is qualified by education
and experience to practice applied soil mechanics and foundation engineering.
Shall mean a program which identifies the geologic nature
of the bedrock materials underlying the site and provides solutions
directed at preserving the water quality and assuring the safety of
any planned facility or improvement built over carbonate rocks.
Shall mean the Borough Council of the Borough of Peapack
and Gladstone.
Shall mean any department, commission, independent agency
or instrumentality of the United States and of the State of New Jersey
and any County, city, township, borough, village, authority, district
or other governmental unit.
Shall mean the final grade or elevation of the ground surface
conforming to the proposed design.
Shall mean any operation that modifies the existing topography
such as cutting, stripping, filling, stockpiling or any combination
thereof.
Shall mean a natural or constructed waterway, usually broad
and shallow, covered with erosion-resistant grasses, used to conduct
surface water from a field, diversion or other site feature.
Shall mean the first floor of a building other than a cellar
or basement.
Shall mean such elements or compounds which, when discharged
in any quantity into the environs of air, water or soil, present potential
danger to the public health or welfare and vegetation or any forms
of wildlife.
Shall mean the vertical distance from the average ground elevation around the foundation of a building or structure to the level of the highest point of the roof surface thereof, exclusive of the height exceptions defined in subsection 23-40.5.
Shall mean a business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings, which business is clearly subordinate and ancillary to the principal single-family residential use of the property, and which business meets the conditional use standards and specifications for a home occupation specified in subsection 23-40.10b5 of this Land Development Ordinance. For purposes of this chapter, the term "home occupation" shall not include home offices, which are defined and governed separately in this Land Development Ordinance.
Shall mean the accessory use of a portion of a single-family detached dwelling as an office area for use only by members of the household residing on the premises and in accordance with the requirements and restrictions specified in subsection 23-40.6b2 of this Land Development Ordinance.
Shall mean a community association, other than a condominium
association, that is organized in a development in which individual
owners share common interests and responsibilities for costs and upkeep
of common open space or facilities.
Shall mean the production, for sale or personal use, of vegetable,
fruits, nuts and berries of all kinds, and nursery, floral, ornamental
and greenhouse plants and products of all kinds.
Shall mean a building or structure, or groups of buildings
or structures, that by design and construction are primarily intended
for conducting organized religious services and associated accessory
uses.
Shall mean a family living together in a single dwelling
unit, with common access to and common use of all living and eating
areas and all areas and facilities for the preparation and serving
of food within the dwelling unit.
Shall mean any material which generally reduces or prevents
absorption of stormwater into the ground, including but not limited
to buildings, parking areas, driveways, sidewalks, paving and patios,
but not swimming pools. All required parking areas which are permitted
to remain unimproved, all gravel areas and detention areas with clay
lining shall be considered as impervious surfaces.
Shall mean a lot upon which exists a structure or building.
Shall mean:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
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 Borough, whose right to use, acquire, or enjoy
property is or may be affected by any action taken under this act,
or whose rights to use, acquire, or enjoy property under this act,
or under any other law of this State or of the United States have
been denied, violated or infringed by an action or a failure to act
under this act.
Shall mean an undeveloped substandard lot in separate ownership
from surrounding property.
Shall mean a type of topography that is formed over limestone
dolomite by dissolving or solution of the carbonate rocks, characterized
by sinkholes, closed depressions, caves, solution channels, internal
drainage and irregular bedrock surfaces.
Shall mean ground, soil or earth, including improvements
and fixtures on, above or below the surface thereof.
Shall mean any activity involving the clearing, cutting,
excavating, filling, grading and any other activity which causes land
to be exposed to the danger of erosion.
Shall mean a carbonate sedimentary rock consisting chiefly
of calcium carbonate. Limestone is commonly used as a general term
for that class of rocks which consists of at least eighty (80%) percent
calcium or magnesium carbonate. In this section the term limestone
shall be used generically to refer to carbonate rocks, limestone formations
and Precambrian marbles.
Shall mean any straight line of alignment of natural features
seen on an aerial photograph or any geographically-referenced source.
Although some lineations may be geologically controlled, ground-based
geologic investigations are necessary to define their existence and
significance.
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LONG TERM CARE FACILITY/NURSING FACILITY/NURSING HOME — [Deleted by Ord. No. 1015-2015 § 3]
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Shall mean a designated parcel, tract or area of land established
by plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
Shall mean the total area within the lot lines of a lot but
not including any street rights-of-way.
Shall mean a parcel of land, either at the junction of and
abutting on two (2) or more intersecting streets, or abutting a single
street at the point where the road tangents deflect by more than forty-five
(45°) degrees. The greater frontage of a corner lot is its depth
and the lesser frontage is its width.
Shall mean that part of one (1) lot or more than one (1)
lot which is improved or is proposed to be improved with buildings
and structures, including but not limited to driveways, parking lots,
pedestrian walkways, signs and other man-made improvements on the
ground surface which are more impervious than the natural surface.
Shall mean the distance between its mean front lot line and
its mean rear lot line.
Shall mean all areas disturbed for the purpose of the construction
of buildings and structures on an individual fee simple lot. This
total shall include all disturbance including but not limited to building
and structure areas, septic wells, lawns and areas of tree removal.
Shall mean the shortest distance between the intersection
points of the side lines of a lot with the front street right-of-way
line. In the case of corner lots, the frontage shall be measured along
a straight line between the intersection point formed by the projection
of two (2) street side lines and the intersection point of a side
lot line with a front street right-of-way line.
Shall mean a lot not meeting minimum width requirements at
the frontage of the lot on a public or private right-of-way giving
access thereto, but having at least fifty (50) feet of frontage on
said public or private right-of-way.
Shall mean a lot other than a corner lot.
Shall mean a lot that fronts upon two (2) parallel streets
or that fronts upon two (2) streets that do not intersect at the boundaries
of the lot.
Shall mean a line of record bounding a lot that divides one
(1) lot from another lot or from a public or private street or any
other public space.
Shall mean the lot line separating a lot from a street right-of-way,
also referred to as a street line. In the case of corner lots or through
lots, the line on which the primary entrance faces. See Figure 2.
Shall mean the lot line opposite and most distant from the
front lot line, or the point at which the side lot lines meet.
Shall mean any lot line other than a front or rear lot line.
See Figure 2.
Shall mean the distance between the side lot lines measured
at the front setback line.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income equal to fifty (50%) percent
or less of the median gross household income for households of the
same size within the housing region in which the housing is located
and is subject to affordability controls.
Shall mean any security which may be accepted by a municipality
for the maintenance of any improvements required by this act, including
but not limited to surety bonds and letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and
cash.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean any hood, canopy, awning or permanent construction
that projects from the wall of a building, usually above an entrance.
Shall mean a composite of one (1) or more written or graphic
proposals for the development of the Borough of Peapack and Gladstone
as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
Shall mean the chief executive of the Borough.
Shall mean the HUD uncapped median income by family size
for Somerset County using the most recent calculations of the United
States Department of Housing and Urban Development for each appropriate
household.
Shall mean a development plan of one (1) or more lots which (1) proposes new development within the scope of development specifically permitted in subsection 23-27.3 as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
Shall mean any subdivision containing not more than four
(4) lots and which does not involve a planned development; any new
street; or the extension of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42. Any lot or
remaining land approved as a minor subdivision shall not be submitted
as a minor subdivision within five (5) years from the date of approval
as a minor subdivision. Such lot or tract may be submitted as a major
subdivision.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income equal to not more than
fifty (50%) percent but less than eighty (80%) percent of the median
gross household income for households of the same size within the
housing region in which the housing is located and is subject to affordability
controls.
Shall mean the application of suitable materials on the soil
surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
Shall mean the Land Use Board, or the Borough Council when
acting pursuant to the Municipal Land Use Law.
Shall mean N.J.S.A. 40:55D-1 through 55D-92, as amended.
Shall mean any use made by the Borough of Peapack and Gladstone
of property owned or leased by it or legally under its control by
easement, license or otherwise.
Shall mean the ground surface in its original state before
any grading, excavation or filling.
Shall mean any building in existence or for which a building
permit has been issued at the time application is made for a building
permit for the proposed building site and which is located on:
Either side of a street on which the proposed building site
abuts and within five hundred (500) feet thereof; exclusive of intervening
streets, the distance being measured along the street center line
from its intersection with the projection line of the neighboring
building; or
Another street which intersects a street on which the proposed
building site abuts, and adjoining any neighboring building defined
by paragraph a above.
Shall mean 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.
Shall mean any sign lawfully existing on the effective date
of an ordinance or any amendment thereto, that renders such sign nonconforming
because it does not conform to all the standards and regulations of
this ordinance.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment to 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.
Shall mean 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.
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NURSING FACILITY/NURSING HOME — [Deleted by Ord. No. 1015-2015 § 3]
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Shall mean any individual, firm, association, corporation
or any other legal entity and shall include the owner or subdivider,
or both, as may be required by the Borough. The obligor shall be responsible
for posting and executing any required performance guaranty.
Shall mean a map adopted by ordinance pursuant to Article
5 of P.L. 1975, c. 291 (C. 40:55D-32).
Shall mean the individual map sheets that are part of the
Somerset County Soil Survey of the National Cooperative Soil Survey
of the Soil Conservation Service, United States Department of Agriculture,
published by the County Soil Conservation District and adopted by
resolution of the Somerset County Planning Board.
Shall mean the interpretations of the soils described in
the Somerset County Soil Survey of the National Cooperative Soil Survey
of the Soil Conservation Service, United States Department of Agriculture,
published by the County Soil Conservation District and adopted by
resolution of the Somerset County Planning Board.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or a contiguous portion of a
street or right-of-way.
Shall mean 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.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean 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.
Shall mean an individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Shall mean any open area, including parking spaces, driveways
and access aisles used for the temporary storage of automobiles and
other permitted vehicles for the private use of the owners or occupants
of the lot on which the area is located.
Shall mean any open area, including parking spaces, driveways
and access aisles, other than a street or other public way, used for
the temporary storage of automobiles and other permitted vehicles
and available to the public, with or without compensation, or as an
accommodation for clients, customers and employees.
Shall mean any public or private parking area or garage.
Shall mean a space for the off-street parking of one (1)
operable, licensed motor vehicle within a public or private parking
area.
Shall mean for purposes of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
Shall mean a level, surfaced area directly adjacent to a
principal building at or within one and one-half (1 1/2) feet
of the finished grade, not covered by a permanent roof.
Shall mean a test designed to determine the rate the ground
absorbs water.
Shall mean a test to determine the ability of soil to transmit
water.
Shall mean any security which may be accepted by the Borough,
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.
Shall mean standards (l) adopted by ordinance pursuant to
N.J.S.A. 40:55D-65d regulating noise levels, glare, skyglow, earthborn
or sonic vibrations, heat, radiation, television or radio waves, noxious
odors, toxic materials, explosive and inflammable materials, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the Borough or (2) required by applicable Federal or State
laws or municipal ordinances.
Shall mean a certificate issued to perform work under this
chapter.
Shall mean any use which shall be allowed, subject to the
provisions of this chapter.
Shall mean any person to whom a permit is issued in accordance
with this chapter.
Shall mean a corporation, company, association, society,
firm, partnership or joint-stock company, as well as an individual,
the State and all political subdivisions of the State or any agency
or instrumentality thereof.
Shall mean establishments primarily engaged in providing
services involving the care of a person or his or her personal goods
or apparel.
Shall mean any substance or mixture of substances labeled,
designed, intended for or capable of use in preventing, destroying,
repelling, sterilizing or mitigating any insects, rodents, nematodes,
predatory animals, fungi, weeds and other forms of plant or animal
life or viruses, except viruses on or in persons or animals. The term
pesticide shall also include any substance or mixture of substances
labeled, designed or intended for use as a defoliant, desiccant or
plant regulator.
Shall mean a planned unit development, planned unit residential
development, residential cluster, planned commercial development or
planned industrial development.
Shall mean a map or maps of a subdivision or site plan.
Shall mean the final map of all or a portion of a subdivision
or site plan which is presented to the Land Use Board for final approval
in accordance with this chapter.
Shall mean the preliminary map indicating the proposed layout
of the subdivision or site plan which is submitted to the Land Use
Board for consideration and preliminary approval.
Shall mean a roofed open area, which may be screened, usually
attached to or part of and with direct access to or from a building.
Shall mean the conferral of certain rights, pursuant to Sections
34, 36, and 37 of P.L. 1975, c. 291 (C. 40:55D-46; C. 40:55D-48; and
C. 40:55D-49) prior to final approval after specific elements of a
development plan have been agreed upon by the Land Use Board and the
applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form, its scope, scale and relationship to its site and immediate
environs.
Shall mean a building in which is conducted the main use
of the lot.
Shall mean a use which is not permitted in a zone.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches, or required along a natural
stream or watercourse 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
non-point pollution.
Shall mean improvements, including but not limited to streets,
grading, pavement, gutters, curbs, sidewalks, street lighting, shade
trees, surveyors monuments, water mains, culverts, storm sewers, sanitary
sewers, drainage structures, erosion control and sedimentation control
devices, public improvements of open space and, in the case of site
plans, other on-site improvements and landscaping.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
County agency, or other public body for recreational or conservational
uses.
Shall mean the use of land or buildings within any zoning
district within the Borough of Peapack and Gladstone by the Governing
Body of the Borough, or the use of a specific piece of property within
any zoning district within the Borough for a public library, rescue
squad or Fire Department, when the use on the specific property is
determined by the Governing Body, as noted in an adopted resolution,
to be a development that will serve the public needs of the residents
of the Borough.
Shall mean telephone and electric lines, poles, equipment
and structures, water or gas pipes, hydrants, valves, mains or structures
or sewer pipes, together with accessories and appurtenances, maintained,
operated and conducted for the service, convenience, necessity, health
and welfare of the public.
Shall mean a majority of the full authorized membership of
a municipal agency.
Shall mean the portion of rainfall which becomes direct surface
runoff.
Shall mean stormwater directed into the groundwater regime
through soil infiltration.
Shall mean a place where sports, leisure time activities
and customary and usual recreational activities are carried out.
Shall mean an accessory use located on the same lot as the
principal permitted use and designed to be used primarily for the
occupants of the principal use and their guests.
Shall mean facilities operated by a private organization
and open only to bona fide members and guests of such organization.
Shall mean facilities operated by the Borough, County or
other governmental agency.
Shall mean a vehicle without permanent foundation that can
be towed, hauled or driven and primarily designed as temporary living
accommodation for recreational, camping and travel use, and including:
Boats and trailers shall mean and include any type of boat,
float or raft, plus the normal equipment to transport the same on
the public highway.
Camp trailer or folding tent trailer shall mean a vehicular,
portable structure built on a chassis or metal-walled body unit, mounted
on wheels with a superstructure made, in part or in whole, of canvas
and metal frame and designed for travel, recreational and vacation
uses.
Motorized home shall mean a portable dwelling designed and constructed
as an integral part of a self-propelled vehicle.
Pickup camper shall mean a structure designed primarily to be
mounted on a pickup or truck and with sufficient equipment to render
it suitable for a temporary dwelling for travel, recreational or vacation
uses.
Travel trailer shall mean a vehicular, portable structure built
on a chassis, designed to be used as a temporary dwelling for travel,
recreational or vacation uses.
Shall mean 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.
Shall mean the number of dwelling units per gross acre of
residential land area, including streets, easements and open space
portions of a development.
Shall mean a health care facility that is licensed by the
New Jersey Department of Health as a Special Hospital and provides
health care services for children and adults with developmental disabilities
as defined herein in conjunction with providing health care services.
[Ord. No. 2017-1047]
Shall mean standards promulgated pursuant to N.J.S.A. 40:55D-40.1
and regulations adopted pursuant thereto.
Shall mean an establishment where food and drink are prepared
and/or served and consumed at tables within the principal building
without facilities for drive-thru order and for drive-thru pick up.
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or the alteration of any streets or
the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances made so as to combine existing lots by deed or other instrument.
Shall mean establishments engaged in providing services for
individuals, businesses, government and other organizations.
Shall mean establishments engaged in selling merchandise
for individuals, businesses, government and other organizations on
a retail basis.
Shall mean the lines that form the boundaries of a right-of-way.
Shall mean a legally recordable instrument granting to the
developer the right to discharge collected waters upon lands exterior
to the development.
Shall mean any public or private street intended to serve
ten (10) or fewer dwelling units in the RE and RR-5 zones.
Shall mean an apparatus capable of transmitting and/or receiving
signals from geostationary orbital satellites.
Shall mean any building or part thereof which is designed,
constructed or used for education of students up to and through the
secondary level and licensed by the State of New Jersey, Board of
Education.
Shall mean any solid material that is in suspension and is
being or has been moved by water, ice, wind, gravity or other means.
Shall mean a barrier or dam built across a waterway or at
other suitable locations to retain sediment.
Shall mean the reservoir space allotted to the accumulation
of submerged sediment during the life of the structure.
Shall mean 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.
Shall mean a head of a household who is sixty-two (62) years
of age or older.
Shall mean that line to which a building must be set back
from the property line.
Shall mean a triangular shaped portion of land established
at intersections in accordance with the requirements of this chapter
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to limit or obstruct sight distance of motorists
entering or leaving the intersection.
Shall mean any device, fixture, placard or structure that
uses color, form, picture, display, graphic, illumination, symbol
or writing to advertise, attract attention to, announce the purpose
of, or identify a person, entity or thing, or to communicate any information
to the public.
Shall mean a sign maintained which advertises or otherwise
directs attention to a use, business, products, commodity, service,
activity or entertainment manufactured, conducted, sold or offered
elsewhere than on the premises where such sign is located.
Shall mean any sign attached below the roof line to any part
of a building, as contrasted to a freestanding sign. Building signs
include wall signs, window signs, and canopy signs.
Shall mean any sign on, or attached to, an awning, marquee,
or canopy, fixed or movable, projecting from a building.
Shall mean any sign supported by structures or supports that
are placed on, or anchored in, the ground and that are independent
from any building or other structure.
Shall mean any sign attached parallel to, but within six
(6) inches of, a wall, painted on the wall surface of, or erected
and confined within the limits of an outside wall of any building
or structure, which is supported by such wall or building, and which
displays only one (1) sign surface.
Shall mean any sign that is placed within a window or upon
the window panes or glass and is visible from the exterior of the
window.
Shall mean any window sign that is painted directly on the
window glass with permanent paint, or that is mounted by bolts or
screw, or otherwise in a permanent fashion, on a permanent structure.
Shall mean any window sign that is not a permanent window
sign.
Shall mean the development and/or maintenance of a forest
or wooded preserve.
Shall mean a localized land subsidence, generally a funnel-shaped
or steep-sided depression, caused by the dissolution of underlying
carbonate rocks or the subsidence of the land surface into a subterranean
passage, cavity or cave.
Shall mean any plot or parcel of land or combination of contiguous
lots or parcels of land.
Shall mean a development plan of one (1) 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.
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Land Use Board.
Shall mean deviation of a surface from the horizontal, usually
expressed in percent or degree.
Shall mean that portion of natural land, excluding man-made
slopes, having a slope greater than twenty-five (25%) percent measured
between two (2) foot contours.
Shall mean all unconsolidated mineral and organic material
of whatever origin that overlies bedrock and which can be readily
excavated.
Shall mean the governmental subdivision of this State which
encompasses this Borough, organized in accordance with the provisions
of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
Shall mean a plan which indicates necessary land treatment
measures, including a schedule for installation, which will effectively
minimize soil erosion and sedimentation. Such measures shall be at
least equivalent to the standards and specifications as adopted by
the Somerset-Union Soil Conservation District.
Shall mean the keeping or placing of goods, wares, materials,
merchandise or equipment in a warehouse or other structure or in any
open space.
Shall mean an accessory building used for the storage of
items such as, but not limited to, tools, lawn and garden equipment
and furniture, and similar items of personal property belonging to
the occupant of the principal structure.
Shall mean any storm drainage technique which retards or
detains runoff, such as a detention or retention basin, parking lot
storage, rooftop storage, porous pavement, dry wells or any combination
thereof.
Shall mean collection and storage of stormwater runoff with
release being through infiltration and evaporation.
Shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
if there is no floor above it, then the space between the floor and
the ceiling next above it.
Shall mean a space under a sloping roof that has the line
of intersection of the roof decking and wall face not more than three
(3) feet above the top floor level and in which space the possible
floor area with a headroom of five (5) feet or less occupies at least
forty (40%) percent of the total floor area of the story directly
beneath.
Shall mean a watercourse having a source, terminus, banks
and channel through which waters flow at least periodically.
Shall mean a street, avenue, boulevard, road, parkway, viaduct,
drive or other way:
Which is an existing State, County or municipal roadway; or
Which is shown upon a plat heretofore approved pursuant to law;
or
Which is approved by official action as provided by this chapter;
or
Which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, street shall be classified as follows:
Shall mean a street that collects traffic from local streets
and connects with major and minor arterials and so designated in the
duly adopted Borough Master Plan. See Figure 4.
Shall mean a street with a single common ingress and egress
with a turnaround at the end. See Figure 4.
Shall mean a street intended primarily for access to individual
properties and designed for local traffic and so designated in the
duly adopted Borough Master Plan. See Figure 4.
Shall mean any street intended to carry large traffic volumes
at steady speeds through the Borough and so designated in the duly
adopted Borough Master Plan. See Figure 4.
Shall mean a street running parallel to a freeway or major
arterial and serving abutting properties. See Figure 4.
 |
Shall mean any activity which removes or significantly disturbs
the vegetative surface cover.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation, whether installed on, above or
below the surface of a parcel of land.
Shall mean the division of a lot, tract or parcel of land
into two (2) or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Land Use Board to be for agricultural
purposes where all resulting parcels are five (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.
The conveyance of one (1) 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.
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The term subdivision shall also include the term resubdivision.
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Shall mean any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty (50%) percent
of the market value of the structure either before the improvement
or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. For the purposes of this
definition, substantial improvement is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Shall mean water on land surface.
Shall mean a map showing the boundary lines of the property
and location of existing improvements thereon, prepared by a licensed
land surveyor.
Shall mean a certification in lieu of oath or affidavit confirming
the accuracy of the survey.
Shall mean a depression in the ground that channels runoff.
Shall mean an artificial basin or other structure for the
holding of water, constructed on residential premises for the sole
use of the occupant of the premises, his family and guests, for wading,
swimming, diving or other aquatic sports and recreation. The term
swimming pool shall not include any plastic, canvas, rubber or other
small receptacle temporarily erected on the ground and which holds
less than five hundred (500) gallons of water.
Shall mean the surface soil and soil material to a depth
of six (6) inches tillage, its equivalent in cultivated soil or the
original or present "A" horizon plus "B" horizon [if in top six (6)
inches], as defined by the National Cooperative Soil Survey of the
United States Department of Agriculture, before its removal or displacements
for any purposes whatsoever. Topsoil shall be capable of supporting
vegetation indigenous to the area.
Shall mean property which is the subject of a development
application.
Shall mean all tract disturbance not associated with individual
lots including areas disturbed for roadways and drainage systems.
Shall mean every vehicle with or without motive power, other
than a pole trailer, designed for carrying persons or property and
for being drawn by a motor vehicle.
Trailer, habitable — See Dwelling, mobile.
Trailer, immobilized — shall mean a mobile habitable structure
which has been parked or semipermanently or permanently fastened to
the ground, with or without sanitary, water and other utilities directly
connected to the unit, which may be used for storage as well as other
purposes.
Trailer, general — shall mean a mobile structure which
is movable from place to place, either under its own power or by towing,
for use as an office, chapel or meeting room for the display of exhibits
or advertising material or for use as a mobile machine or repair shop
or as a portable generating station.
Semitrailer — shall mean every vehicle with or without
motive power, designed for carrying persons or property and for being
drawn by a motor vehicle.
Shall mean any form of artificial illumination emanating
from a light fixture or illuminated sign that penetrates other property.
Shall mean the purpose or activity for which land or buildings
are arranged, designed or intended or for which land or buildings
are occupied or maintained.
Shall mean the main or primary activity of any lot or parcel.
Shall mean permission to depart from the literal requirements
of this chapter.
Shall mean stabilization of erosive or sediment-producing
areas by covering the soil with permanent or short-term seeding, mulching
or sodding.
Shall mean an open area, other than a right-of-way or public
parking area, used for display, sale or rental of new or used vehicles
in operable condition and where no repair work is done.
Shall mean a solid, vertical structure of wood, masonry or
other material serving to enclose, divide or protect an area.
Shall mean any natural or artificial collection of water,
whether permanent or temporary.
Shall mean ability of a channel or floodway to transport
flow as determined by its shape, cross-sectional area, bed slope and
coefficient of hydraulic friction.
Shall mean a path which conveys surface water runoff. Flow
paths with a total contributory drainage area less than fifty (50)
acres must have definable bed and banks to be considered a watercourse.
Shall mean the open space that lies between the principal
building or buildings and the nearest lot line. The minimum required
yard as set forth in the chapter shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in the
Zoning Ordinance.
Shall mean a space extending the full width of the lot between
the front lot line and the closest point of any building on the lot
measured perpendicular to the building at its closest point to the
front lot line. Said front yard shall be unoccupied and unobstructed
from the ground upward, except as may be permitted elsewhere in this
chapter. See Figure 2.
Shall mean 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 at its closest point to the rear lot
line. Said rear yard shall be unoccupied and unobstructed from the
ground upward, except as may be permitted elsewhere in this chapter.
See Figure 2.
Shall mean a space extending from the front yard to the rear
yard between the principal building and the side lot line. See Figure
2.
Shall mean a document signed 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.
Which acknowledges that such use, structure or building complies
with the provision of the Borough Zoning Ordinance or variance therefrom
duly authorized by the appropriate agency of the Borough pursuant
to N.J.S.A. 40:55D-60 and 40:55D-70.
