[Ord. No. 2003-18; Ord. No. 2008-10 § I; Ord. No. 2010-21 § I; Ord. No. 2010-39; Ord.
No. 2012-13 § 2. Additional amendments
noted where applicable.]
For the purposes of this chapter, certain words and terms are
defined as follows: unless the context clearly indicates the contrary,
words used in the present tense include the future; the singular number
includes the plural, and the plural, the singular; the word "shall"
is mandatory and not discretionary, and the word "may" is permissive;
the word "lot" includes the words "plot" and "premises"; the word
"his" includes "her" and "its"; the word "structure" includes the
word "building" and the word "building" includes the words "dwelling"
or "residence"; and the words "use" and "uses" refer to any purpose
for which a lot or land or part thereof or building or structure or
part thereof is arranged, erected, designed, constructed or reconstructed,
enlarged, altered, converted, maintained, occupied, rented, leased
or intended to be used. Whenever a term is used in this chapter which
is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to
have the meaning as defined in the Statute unless specifically defined
to the contrary in this chapter. Any word or term not defined herein
shall be used with a meaning as defined in Webster's Third New International
Dictionary of the English Language, unabridged, or latest edition
thereof.
A separate and subordinate use or structure customarily incidental
to and located on the same lot occupied by the principal use or structure
to which it relates. Where an accessory structure is attached to the
principal structure by any means, it shall be considered part of the
principal structure for the purposes of determining all bulk requirements.
The Township Engineer of the Township of Springfield or other
officials of the Township commissioned by the Township Committee to
administer any portion of this chapter.
An establishment having any of the following as a substantial
or significant portion of its stock-in-trade activities, books, magazines,
gifts, devices, periodicals, films and tapes which are distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
or an establishment with a segment or section devoted to the sale
or display of such material, or activities.
Housing for sale or rental that is affordable, according
to standards for home ownership or rental costs adopted by COAH, occupied
or reserved for occupancy by households with a gross household income
of 80% or less of the median household income, and subject to affordability
controls.
Any change, addition or modification in the construction
or arrangement of a building, structure or site.
Means an organization issued a permit pursuant to the "Jake
Honig Compassionate Use Medical "Cannabis Act," P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) to operate as a medical cannabis cultivator,
medical cannabis manufacturer, medical cannabis dispensary, or clinical
registrant, as well as any alternative treatment center deemed pursuant
to section 7 of that act (N.J.S.A. 24:6I-7) to concurrently hold a
medical cannabis cultivator permit, a medical cannabis manufacturer
permit, and a medical cannabis dispensary permit.
[Added 8-4-2021 by Ord.
No. 2021-19]
An amended application for development for a site plan or
subdivision that is filed after the Board's approval of the initial
application, but before any construction permits have been issued.
If an amended application is substantially different from the approved
application it shall be considered a new application. No more than
two amended applications may be filed for a site before the application
is classified as a new application.
A device used to transmit and/or receive radio or electromagnetic
waves between earth and/or outer space-based structures.
A dwelling unit which is part of, or attached to, a building
containing one or more additional dwelling units or any nonresidential
use or uses. The term "apartment" shall exclude the term "townhouse".
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land. The term "applicant"
shall be synonymous with the term "developer."
The application form and all accompanying documents required
by this chapter for approval of a subdivision, site plan, planned
unit development, conditional use, zoning variance or any other action
governed by this chapter.
The Planning Board or Zoning Board of Adjustment of the Township
of Springfield.
Any area of land, including structures thereon that is used
for the sale of gasoline or other motor vehicle fuel and other lubricating
substances, including the sale and installation of motor vehicle accessories,
and which may or may not include facilities for automotive repair,
vehicle storage while waiting for service or pick-up, lubricating,
or other servicing of motor vehicles, but not including activities
such as painting of vehicles, auto body work, repair of trucks, any
repair work carried on out-of-doors or the operation of an automatic
car wash.
A portion of a building partly underground, and having more
than 1/2 of its clear height below the average grade level of the
ground immediately adjacent to the building. Basements used in whole
or part for a principal permitted use shall be considered floor area
for the purposes of this chapter.
Any sign advertising a business, organization or other entity,
property, product, service, or entertainment, which is conducted,
sold, or offered at a location other than the premises on which the
sign is located, as well as any sign which calls attention to a candidate,
cause, or public issue. This definition shall not include any signs
with a sign area smaller than twenty-four (24) square feet.
[Amended 5-10-2022 by Ord. No. 2022-11]
The Planning Board or the Zoning Board of Adjustment of the
Township of Springfield.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The percentage of a lot covered by buildings of any kind,
as measured in a horizontal plane around the periphery of all building
facades and including all area under any roof overhang.
The vertical distance measured from the average elevation
of the finished grade at the corners of the building to the highest
elevation of the roof surface or ridge line on pitched roofs.
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. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) 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 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 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 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); 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 (N.J.S.A. 4:28-6 et seq.).
[Added 8-4-2021 by Ord.
No. 2021-19]
Encompasses cannabis establishments, cannabis distributors,
cannabis delivery services, and alternative treatment centers.
[Added 8-4-2021 by Ord.
No. 2021-19]
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. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
[Added 8-4-2021 by Ord.
No. 2021-19]
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. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 8-4-2021 by Ord.
No. 2021-19]
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. This person or entity shall hold
a Class 4 Cannabis Distributor license.
[Added 8-4-2021 by Ord.
No. 2021-19]
Means a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 8-4-2021 by Ord.
No. 2021-19]
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.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 8-4-2021 by Ord.
No. 2021-19]
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. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 8-4-2021 by Ord.
No. 2021-19]
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. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 8-4-2021 by Ord.
No. 2021-19]
An antenna that is intended for commercial transmission or
reception of personal wireless telephone services communications,
and including commercial mobile services communications, and common
carrier wireless exchange access services, and also including any
other accessory structures and equipment necessary for such transmission
or reception. A "freestanding cellular telecommunications antenna"
is such an antenna supported by a tower, mast, pole or similar structure
designed primarily for supporting and raising the vertical elevation
of such antenna.
The use of a building or land or part thereof which in any
manner differs from the previous use by way of function, operation,
or scope including any changes in occupancy. A change in ownership
shall not be considered a change in use for the purposes of this chapter.
A discontinuation of an existing use and the substitution
thereof, which in any manner differs from the previous use by way
of function, operation, or scope, including changes in tenancy. A
change in ownership shall not be considered a change of occupancy
for the purpose of this section.
The New Jersey Council on Affordable Housing established
by N.J.S.A. 52:27D-305 or successor agency of State government responsible
for comprehensive low- and moderate-income housing planning in accordance
with sound regional planning.
See "vehicle, commercial."
Community residences for the developmentally disabled and
community shelters for victims of domestic violence as defined by
N.J.S.A. 40:55D-66.2.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Article VII of this chapter, and upon the issuance of an authorization therefor by the Planning Board.
The official of the Township of Springfield designated by
the Township Committee to be responsible for the administration and
enforcement of the Uniform Construction Code pursuant to N.J.S.A.
52:27D-119 et seq.
The combined area of any portion of a site having a topographic
slope of 15% or greater and/or any area within the floodplain; and/or
any wetlands area as defined by the New Jersey Freshwater Wetlands
Protection Act.
The date of adoption of a resolution memorializing an action
by the Board.
Calendar days.
The permitted number of dwelling units per gross area of
land to be developed.
See "applicant."
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining, excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to this act.
A billboard that uses internal illumination or digital display,
including those that contain multiple advertisements that cycle on
predetermined intervals.
[Added 5-10-2022 by Ord. No. 2022-11]
A designated part of the territory of the Township of Springfield,
as shown on the Zoning Map, to which certain uniform zoning regulations
and requirements of this chapter apply. The term "district" shall
be synonymous with the terms "zone" and "zoning district."
A private roadway leading from a street to a building, house,
garage or parking area.
Any room or combination of rooms containing separate sleeping,
cooking and sanitary facilities intended to provide living accommodations
for one household. The dwelling unit shall be self-contained and shall
not require access through another dwelling unit or other indirect
route(s) to get to any portion of the dwelling unit.
A building arranged, intended or designed to contain two
or more dwelling units.
A dwelling unit, fully detached from all others and occupied
or intended to be occupied by one household.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation, or particular
persons for specified purposes.
The Environmental Commission of the Township of Springfield
created pursuant to N.J.S.A. 40:56A.
The value of a property determined by the Township Tax Assessor
through a means designed to ensure that all property in the Township
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Township
Tax Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Township
Tax Assessor.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
A private residence offering family day care services as
described by N.J.S.A, 30:5B-18, regardless of whether the residence
is registered as a family day care home pursuant to the Family Day
Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.). A family
day care home shall be considered a business subject to the Business
Insurance Registry requirements of N.J.S.A. 40A:10A-1 et seq., as
set forth in Township Code Section 4-34.
[Amended 10-25-2022 by Ord. No. 2022-29]
The official action of the approving authority taken on a
preliminarily 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 posting
of such guarantees.
The total area inundated during the flood of record, the
greatest flood in a given area for which accurate records are available,
except that where the flood plain has been delineated by the New Jersey
Department of Environmental Protection, Division of Water Resources,
such delineation shall apply.
The gross floor area of a building, measured from the outsides
of all exterior walls and including stairs, public halls, lavatories,
elevators, partitions, storage and utility spaces, and any portion
of a basement used for a principal permitted use, excluding storage.
Only those areas having five feet or more of clear head room with
completed floors, ceilings and partitions may be considered in computing
the top floor area of any building containing a 1/2 story. However,
at least 1/2 of any included top floor area in such a building shall
have a minimum ceiling height of seven feet six inches, and the included
top floor area shall be connected to the first floor by means of a
permanent stairway. The floor area occupied by child care centers
shall also be excluded from this definition when calculating parking
and floor area ratio requirements.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An enclosed accessory garage maintained primarily for the
convenience of the occupant of the principal building and in which
no business is carried on and no service is rendered to the general
public.
The Township Committee of the Township of Springfield.
The northwest region of New Jersey composed of Union, Essex,
Morris and Warren Counties, as defined at N.J.A.C. 5:93-2.1, or other
group of two to four counties as my be defined by COAH.
Development containing low and moderate income housing units.
This term includes, but is not necessarily limited to, new construction,
the conversion of a nonresidential structure to a residential structure
and the creation of new low and moderate income units through the
substantial rehabilitation of a vacant residential structure.
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 municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or under any other provision of the
Municipal Land Use Law, or whose right to use, acquire, or enjoy property
under this chapter, the Municipal Land Use Law, or any other law of
the State of New Jersey or of the United States have been denied,
violated or infringed by an action or failure to act under this chapter.
A hedge or line of shrubs or other planted material which
is of sufficient density to physically prevent persons from passing
through and which visually obscures the view from one side to the
other.
An off-street 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 merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit, except that contiguous undersized vacant lots
under one ownership or contiguous undersized vacant lots adjacent
to a developed lot under one ownership, shall be considered one lot,
and further, that no portion of an existing street shall be included
in calculating a lot boundary or lot area. The term "lot" shall be
synonymous with the terms "site" and "property."
The total horizontal area included within lot lines of a
property not including any portion of a street right-of-way.
The portion of a site, expressed as a percentage of the lot
area, covered by surfaces that have been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by water. For purposes of this definition, pools and decks (provided
a pervious material is below the deck) shall be exempt from the lot
coverage calculation.
The horizontal distance between the front lot line and the
nearest side or rear lot line measured either perpendicular to the
midpoint of the front lot line or from the midpoint of the front lot
line to the midpoint of the side or rear lot line, whichever is greater.
A line of record bounding a lot.
The right-of-way line of the street abutting a lot.
A lot line opposite and most distant from the front lot line
or the point at which the two side lot lines meet in the case of a
triangular lot.
Any lot line other than a front or rear lot line, including
a lot line or portion thereof which may be the rear lot line of an
adjacent lot.
The horizontal distance between the side lot lines, measured
along the front lot line. On curved front lot lines the lot width
may be measured along the arc of the setback line provided the required
lot width at the front lot line shall not be reduced by more than
35%.
A lot on the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
A corner lot shall have one rear yard and two front yards but may
not have more than one side yard. The minimum lot width requirement
shall be met along each street frontage, and the front yard shall
be maintained along each street frontage. However, the frontage with
the lesser width shall be the front yard.
Any lot other than a corner lot, or a through lot.
A lot fronting on two streets which do not intersect each
other at the boundaries of the lot. A through lot shall have two side
yards and two front yards but shall have no rear yard.
A total gross household income no greater than 50% of the
median household income.
Any security which may be accepted by the Township pursuant
to N.J.S.A. 40:55D-53, as amended and supplemented, for the maintenance
of any improvements relating to inferior materials and/or poor workmanship
required pursuant to this chapter.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the human body with the hands or any other
part of the body, with or without the assistance of any object or
mechanical or electrical apparatus or appliance, with or without supplementary
aids, such as rubbing alcohol, liniments, oils, powders or creams,
including the use of any process offered as supplementary or incidental
thereto, such as heat lamps, hot and cold packs, tubs and showers,
and shall include but not be limited to those practices commonly known
as massage, bodywork and somatic therapy.
[Added 4-28-2020 by Ord. No. 2020-09]
Any establishment where any person engages in or is permitted to engage in the practice of massage as defined hereinabove. For the purposes of this Chapter 35, the term “massage establishment” shall not include:
[Added 4-28-2020 by Ord. No. 2020-09]
Any establishments which, incidental to providing manicures
and/or pedicures, offer only chair massage of the neck, hands, and/or
feet; and
Any hair salons which, incidental to providing hair styling,
perming, texturing, cutting, coloring, highlighting and/or head and
scalp treatments, offer only chair massage of the neck, hands, and/or
feet.
A composite of one or more written or graphic proposals for
the development of the Township of Springfield as set forth in N.J.S.A.
40:55D-28 which has been duly adopted by the Planning Board.
The median income of the housing region in which the Township
of Springfield is located, as defined by COAH, adjusted for household
size, based on the most recent median income figures published by
the U.S. Department of Housing and Urban Development (HUD), the uncapped
Section 8 income limits, or other recognized standard adopted by COAH.
These median income figures may also be available from COAH.
Means cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.). "Medical cannabis" does not include
any cannabis or cannabis item which is cultivated, produced, processed,
and consumed in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.).
[Added 8-4-2021 by Ord.
No. 2021-19]
Buildings used or intended for use by medical professionals,
including physicians, dentists, therapists, chiropractors and other
licensed health care professionals. The term "medical office" shall
include immediate medical care facilities.
A total gross household income no greater than 80% and not
less than 50% of the median household income.
A building or group of buildings, whether detached or connected,
used as individual sleeping or temporary dwelling units and designed
primarily for transient automobile travelers and provided with accessory
off-street parking facilities. The term motel includes the terms auto
court, tourist court, lodge, hotel, motor inn and similar uses, but
shall not be construed to include a mobile home or trailer court or
park.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, 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 structure, the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
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 use or activity which was lawful prior to the adoption,
revision or amendment of this chapter and which does not conform with
the use regulations of the zoning district in which it is located
by reason 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 repeated invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
of an activity or use across a property line which can be perceived
by or affects a human being, including, but not limited to, mechanical
noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock
waves, heat, radiation or objectionable effluent, or the generation
of excessive or concentrated noise from the congregation of people,
especially at night or early morning, from passenger traffic or from
transportation of things by truck, rail or other means or the unsafe
or illegal use or storage of toxic or hazardous materials.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
The Official Map as adopted by the Township of Springfield
in accordance with N.J.S.A. 40:55D-32 et seq., as amended and supplemented.
Such a map shall be deemed conclusive with respect to the location
and width of streets, public parks and playgrounds, and drainage rights-of-way
shown thereon.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any security which may be accepted by the Township to guarantee
the completion of required improvements pursuant to this chapter.
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel.
An area with a minimum contiguous acreage of 50 acres to be developed as a single, self-contained entity according to a plan containing a mixture of townhouses, retail and personal service stores and shops, offices, and/or common open space, and various public and quasi-public uses as specified in Subsection 35-15.3 of this chapter.
A map of a subdivision approved by the approving authority
in accordance with this chapter and duly filed with the County Recording
Officer.
A tank or basin of water as defined by municipal ordinance.
Any sign not permanently affixed to the ground or a building,
including, but not limited to, signs attached to vehicles, banners,
flags, pennants, inflatable signs, sandwich boards and similar signs.
The official action of a Board taken on a preliminary major
subdivision or site plan taken pursuant to N.J.S.A. 40:55D-46 and
48.
The main purpose for which a lot or building is used.
Means any place to which the public has access that is not
privately owned; or any place to which the public has access where
alcohol consumption is not allowed, including, but not limited to,
a public street, road, thoroughfare, sidewalk, bridge, alley, plaza,
park, playground, swimming pool, shopping area, public transportation
facility, vehicle used for public transportation, parking lot, public
library, or any other public building, structure, or area.
[Added 8-4-2021 by Ord.
No. 2021-19]
A use owned or operated by a nonprofit, religious or eleemosynary
institution and providing educational, cultural, recreational, religious
or similar types of public programs.
The majority of the full authorized membership of the approving
authority.
An eating and/or drinking establishment catering primarily
to customers seated indoors and/or outdoors at tables. The term restaurant
excludes stand-up indoor eating places, drive-ins, fast food and other
such eating places which are expressly prohibited in all zones. The
term "restaurant" includes the terms bar or tavern.
The sale of goods for use or consumption off the premises,
which goods are intended to meet direct consumer food, clothing, furnishing,
recreational or other needs and are not intended for resale, and/or
the sale of services such as personal care, financial, repair, catering
and other similar services. The term "retail sales and service" shall
specifically exclude the sale of any type of motor vehicle, as defined
by N.J.S.A. 39:1-1.
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.
Rights-of-way shall be measured from lot line to lot line.
A person who is 62 years of age or older.
The percentage of housing units devoted to low and moderate
income households within an inclusionary development.
The distance between the property lines and the principal
building, or any projection thereof.
A line drawn parallel to the front, rear or side lot line
of a lot in such a manner that the minimum front, rear or side yard
is provided.
One or more buildings or parts thereof designed as a unit
to be occupied by two or more separate retail sales and/or service
uses, constructed as an integrated and cohesively planned development.
Any demonstration, display, illustration or insignia used or intended to advertise or promote the interests of any person, corporation, firm, product or service when the same is placed where it may be in view of the general public, as regulated in § 35-31.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, flood plains,
marshes and waterways, (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
pursuant to an ordinance requiring review and approval of site plans
by the planning board adopted pursuant to article 6 (C.40:55D-37 et
seq.) of this act.
Any site plan not classified as a minor site plan.
Any development which is limited to a use specifically regulated by Subsection 35-65.2a and b of this chapter, which requires a construction permit for any addition, alteration or modification to an existing conforming nonresidential or multifamily residential building which will result in less than 200 square feet of additional building coverage and/or require fewer than five additional parking spaces.
(1) Less than completely and opaquely covered human genitals,
pubic region, buttock or female breasts below a point immediately
above the top of the areola, or (2) Human male genitals in a discernibly
turgid state, even if covered.
(1) The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breasts; or (2) Any
actual or simulated act of human masturbation, sexual intercourse
or deviate sexual intercourse.
A billboard that does not include internal illumination or
digital display, such as a printed copy for a single advertisement.
[Added 5-10-2022 by Ord. No. 2022-11]
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above; or, if
there be no floor next above, then the space between the floor and
the ceiling next above.
Any finished space under a gable, hip, gambrel, or other
sloping roof which meets the definition of "floor area" pursuant to
this chapter.
Any avenue, boulevard, road, parkway, viaduct, drive or other
way which is an existing State, County or Township roadway; or which
is shown upon a plat heretofore approved pursuant to law; or which
is approved by official action as permitted pursuant to N.J.S.A. 40:55D-1
et seq. or which is shown on a plat duly filed and recorded in the
office of the County Recording Officer prior to the appointment of
the Planning Board and the grant to such Board of the power to review
plats, and includes the land between the right-of-way lines.
Any 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. For the purposes of applying the yard requirements
of this chapter only, the term structure shall not apply to fuel oil
tanks, septic tanks and leaching systems which are buried completely
below finished grade, to drainage systems, or to utility poles for
direct customer service. For the same purposes, decks, or other similar
unroofed construction or fixtures including pools, shall be considered
buildings.
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 this act, if no new streets are created: (1) divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size, (2) divisions
of property by testamentary or intestate provisions, (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 the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."
All subdivisions not classified as minor subdivisions.
A subdivision of land for the creation of not more than three
lots fronting on an existing street, not involving a planned development,
any new street, or the extension of any off-tract improvement. Any
subdivision which involves a lot which was previously approved as
a minor subdivision within a three-year period prior to the application
for another minor subdivision shall be classified as a major subdivision.
A determination by COAH, or a court of competent jurisdiction,
approving the housing element and fair share plan of the Township
in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
and COAH regulations N.J.A.C. 5:93.
One dwelling unit which has no other dwelling unit located
either above it or below it, that is constructed in a building containing
at least three, not more than 10, separate dwelling units, at least
one of which is attached to it by means of a common side wall, and
that has its own separate first floor front and rear access to the
out-of-doors.
The Township of Springfield, Union County, New Jersey.
Permission granted by the Zoning Board of Adjustment or Planning
Board to depart from the literal requirements of this chapter only
upon the making of certain findings pursuant to N.J.S.A. 40:55D-70c
and d.
Regardless of weight, any bus, step van, cargo van, tow truck,
dump truck, box truck, bulldozer, backhoe, taxi, limousine, or motor
home; or any vehicle or trailer used for commercial purposes, regardless
of registration; or any vehicle displaying commercial advertising
or external equipment.
[Added 9-13-2016 by Ord.
No. 2016-17]
A total gross household income no greater than 30% of the
median household income, by household size.
[Added 11-22-2016 by Ord.
No. 2016-26]
An open, unoccupied space on a lot situated between the setback
line and the lot line.
The area lying between the front lot line and the setback
line and extending from side lot line to side lot line.
The area lying between the rear lot line and the setback
line and extending from side lot line to side lot line except on a
corner lot the rear yard shall extend from the side lot line to the
intersecting front yard.
The area between the side lot line and the setback line and
extending from the rear of the front yard to the front of the rear
yard.
