[Ord. No. 636 A 201; Ord. No. 649; Ord. No.
665; Ord. No. 691 § I; Ord. No. 720 § I; Ord. No. 750 § 1; Ord. No. 772 § I; Ord.
No. 841 §§ I - III; Ord. No. 878 § 5; Ord.
No. 883 § I; Ord. No.
1001 § 2; Ord. No. 1003 § 1; Ord. No. 02-20 § 1; Ord. No. 05-03 § 5; Ord. No. 06-13 § 1; Ord. No. 07-26 § 1; Ord.
No. 10-01; Ord. No. 11-05 § 1; Ord. No. 12-01 § 1; Ord. No. 13-04; Ord. No. 2016-21 § 1; amended 3-10-2020 by Ord. No. 2020-04; 2-23-2021 by Ord. No. 2021-01; 12-13-2022 by Ord. No. 2022-21]
As used in this chapter, the following words and their derivations
shall have the meaning herein given. Any word or term not defined
herein shall be defined by the unabridged edition of the Random House
Dictionary of the English Language. Moreover, whenever a term is used
in this chapter which is defined to the contrary of these sections,
it shall have the definition as stated in the Municipal Land Use Law.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
words in the singular include the plural, words in the masculine gender
include the feminine. The word "shall" is mandatory and not merely
directory. The word "may" is permissive.
ACCESSORY USE
Shall mean a use subordinate to and customarily incidental
to the principal use on the same lot.
ADT
Shall mean average daily vehicular traffic movements.
AFFORDABLE HOUSING COUNCIL
Shall mean the New Jersey Council on Affordable Housing established
under the Act and which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in this State.
ALTERATIONS OR ADDITIONS
Shall mean any change in or addition to the supporting members
of a building such as walls, columns, beams, girders, posts or piers.
AMUSEMENT CENTER
Shall mean any place of business displaying for public patronage
or keeping for operation in excess of two mechanical or electric amusement
devices and one jukebox.
ANTENNA
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure, and use the communications
that radiate or capture electromagnetic waves, digital signals, analogue
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
APARTMENT/MULTIFAMILY UNIT BUILDING
Shall mean a building or buildings containing a minimum of
10 or more “for sale” or “rental” dwelling
units, together with common elements including, but not limited to,
community rooms, exercise facilities, terraces, pergolas, indoor and
outdoor passive and/or active recreational areas, surface parking,
structured and underground garage parking and related improvements.
APPLICANT
Shall mean the land owner, optionee or contract purchaser,
submitting an application for development. See Developer.
APPLICATION FOR DEVELOPMENT
Shall mean the application form, fees and all accompanying
documents required for approval of a subdivision plat, site plan,
conditional use variance or direction for the issuance of a building
permit as required by this chapter. See Complete application.
APPROVING AUTHORITY
Shall mean any municipal agency acting pursuant to the authority
of N.J.S.A. 40:55D-1 et seq.
ARABLE SOIL
Shall mean soil that, when dry, contains not less than 4%
by weight of organic material and the balance of which is mineral
matter.
AVERAGE GRADE ELEVATION
Shall mean the average of the elevations of the lowest points
taken within six feet of the four corners and the four mid-points
of the smallest rectangle that encompasses the entire building footprint.
BASEMENT
Shall mean that portion of a building mostly underground
having more than 1/2 of its clear height below the finished average
grade elevation of the adjoining ground and having at least one means
of egress to the exterior of the building.
Note: A basement shall be considered 1/2 story. A cellar
shall be considered 1/2 story if on average, a maximum of four feet
of its height is above finished grade elevation.
BED AND BREAKFAST INN
Shall mean an inn for temporary overnight guests providing
breakfast service only and meeting the standards of the New Jersey
Bed and Breakfast Association.
BEDROOM
Shall mean a room planned and used primarily for sleeping.
BLOCK
Shall mean the aggregate of private lots, passages, rear
alleys and rear lanes, circumscribed by thoroughfares.
BOARDER
Shall mean a person who is not related to the principal resident
and who may or may not pay for the privilege of boarding.
BOND
Shall mean the pledge of cash or a letter of credit or an
insurance agreement, underwritten by a reputable insurance company,
which is approved as to form by the Township Attorney and as to sufficiency
by the Township Council, to provide financial surety against the act
of default of an applicant in failing to comply with standards of
this Code and/or the conditions of his approved plan.
BUFFER
Shall mean a strip of land containing natural woodlands to
which other planted screening materials, earth mounds or other natural
divisions may be incorporated in separating one kind of land use from
another.
BUILDING
Shall mean any combination of material forming any structure
which is erected on the ground and is permanently affixed thereto,
designed, intended or arranged for housing shelter, enclosure or enclosing
of persons, animals or property of any kind and having a roof.
BUILDING COVERAGE
Shall mean the ratio of the horizontal area, measured from
the exterior surface of the exterior walls including cantilever portions
of the structure of the principal structure on a lot to the total
area.
BUILDING ENVELOPE
Shall mean the portion of lot remaining after required yards
are provided.
BUILDING LINE OR BUILDING SETBACK LINE
Shall mean a line established by the Zoning Ordinance, within
a lot defining the minimum distance between any structure or portion
thereof to be erected or altered, and an adjacent right-of-way, easement,
street line, property line, or common open space.
CAFRA PLANNING MAP
Shall mean the geographic depiction of the boundaries for
Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes
pursuant to N.J.A.C. 7:7E-5B.3.
CELLAR
Shall mean any portion of a building completely underground
or partially underground, which does not meet the definition of basement
and has on average a maximum of four feet of its height above finished
grade elevation.
CIRCULATION
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewerage or power by
means of streets, highways, towers, waterways, railways, airways,
pipes, and conduits in the handling of people and goods by such means
as terminals, stations, warehouses, other storage buildings or transshipment
points.
CLEAR CUTTING
Shall mean the removal of all standing trees on a lot or
portion of a lot.
CLEAR SIGHT TRIANGLE
Shall mean the triangle formed by the point of intersection
of the right-of-way lines of two intersecting streets and the points
on each of the intersection right-of-way lines at a given distance
from the point of intersection which shall remain open and unobstructed.
CLUSTER
Shall mean areas to be developed as single-family units according
to plan containing residential housing which has a common or public
open space as an appurtenance.
CO-LOCATION
Shall mean the use of a common wireless telecommunications
tower or a common structure, by two or more wireless license holders
or unlicensed holders nevertheless regulated by the Federal Communications
Commission or by one wireless license holder for more than one type
of communications technology and/or the placement of a wireless telecommunication
tower on a structure owned or operated by utility or other public
entity.
COMMERCIAL DEVELOPMENT
Shall mean one of the following types of commercial development:
a.
NEIGHBORHOODRetail shopping outlets designed and intended to serve the day-to-day convenience needs of the residents of the immediate neighborhood.
b.
COMMUNITYRetail shopping outlets designed and intended to serve the shopping needs of the entire Township as well as additional regional demand beyond Township boundaries.
COMMERCIAL VEHICLES
Shall mean trucks, buses and sedan delivery vehicles, station
wagons with advertising matter on the side or any other commercially
registered vehicle except a passenger car with no advertising matter
exposed to view, excluding vehicles with a chassis load of 3/4 tons
or less.
COMMON OWNERSHIP
Shall mean ownership of two or more contiguous parcels of
real property by one person or by two or more beneficial owners.
COMMON PROPERTY/OPEN SPACE
Shall mean a parcel or parcels of land, or an area of water,
or a combination of land and water, within a site designed and intended
for use or enjoyment of residents and owners of the development. Common
property may contain such accessory structures and improvements as
are necessary and appropriate for the benefit of the residents and
owners of the development. The common property shall be managed in
accordance with the provisions of a homeowners' association, condominium
association, and/or restrictive deeds and covenants.
COMMUNITY FACILITIES
Shall mean buildings, structures, recreational devices, service
systems and other facilities generally available to and/or operated
for the benefit of residents including but not limited to swimming
pools, tennis courts, building entries and passageways, roads, drainage
systems, pedestrian and bicycle pathways, sewage treatment plants
and other facilities (municipal buildings, schools).
COMPACTION
Shall mean the increase in soil bulk density.
COMPLETE APPLICATION
Shall mean an application form completed as specified by
the Code and the rules and regulations of the Township of Sparta and
all accompanying documents and fees as required by the Code for approval
of an application for development including where applicable, but
not limited to, a site plan or subdivision plat provided that the
administrative officer may require such additional information not
specified in this Code or any revisions in the accompanying document
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of such additional information or any revisions in the accompanying
document though required by the administrative officer or the municipal
agency. In addition, the municipal agency may waive any of the requirements
required by this Code as are appropriate due to the peculiar special
circumstances of any property and/or application. When the application
has been deemed to satisfy sufficient requirements of this Code, the
administrative officer shall immediately certify the completeness
of the application and the application shall be deemed complete on
the date certified for the purposes of commencement of the time period
for action by the municipal agency.
CONDITIONAL USE
Shall mean a use as may be permitted in a particular zone
district only upon a showing that such use in a specified location
will comply with the conditions and standards for the location or
operation of such use as contained in this chapter and upon the issuance
of an authorization therefor by the Planning Board.
CONDOMINIUM
Shall mean the form of ownership of real property under a
master deed providing for ownership by one or more owners of units
of improvements together with an undivided interest in common elements
appurtenant to each such unit and meeting the requirements of the
N.J. Condominium Act.
CONDOMINIUM PROPERTY
Shall mean the land covered by the master deed whether or
not contiguous and all improvements thereon, all owned either in fee
simple or under lease, and all easements, rights and appurtenances
belonging thereto or intended for the benefit thereof.
CORE
Shall mean a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
CORE FOREST
Shall mean the area of forest patch that is greater than
300 feet from a forest edge.
CORNER LOT
Shall mean a lot at the junction of, and having frontage
on, two or more intersecting streets.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The County review agency may either be:
A County planning agency; or
A County water resource association created under N.J.S.A.
58:16A-55.5, if the ordinance or resolution delegates authority to
approve, conditionally approve, or disapprove municipal stormwater
management plans and implementing ordinances.
COVERAGE RATIO
Shall mean the portion of a site, expressed as a percentage,
covered by impervious materials.
DAY
Shall mean calendar day.
DECK
Shall mean an uncovered, elevated accessory structure attached
to the principal structure with three open sides (excluding safety
railing).
DENSITY
Shall mean the permitted number of dwelling units per gross
area to be developed.
DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection.
DESIGN ENGINEER
Shall mean a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center
as designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPER
Shall mean 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.
DEVELOPMENT
Shall mean 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 structure,
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, by any person for which permission is required under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development
of agricultural lands, development means: any activity that requires
a State permit; any activity reviewed by the County Agricultural Board
(CAB) and the State Agricultural Development Committee (SADC), and
municipal review of any activity not exempted by the Right to Farm
Act, N.J.S.A. 4:1C-1 et seq.
DIAMETER AT POINT OF MEASUREMENT
Shall mean the diameter of a tree measured 4 1/2 feet
(forestry method) above the ground level on the downhill side of existing
trees. Trees utilized in the replacement of existing trees or proposed
in a landscape plan shall be measured 12 inches above the ground level
for trees over four inch in caliper; the measurement shall be six
inches above nursery grade for trees up to four inch caliper (nursery
method).
DISTRIBUTION CENTER
A building generally characterized by 1) dock doors on two
sides or more; 2) is primarily used for i) short-term storage of product
and ii) relatively high velocity distribution from the facility to
multiple locations, including direct to consumers; and 3) a higher
ratio of non-tractor trailer vehicle traffic to tractor trailer traffic
generated per square foot of gross floor area, and also have a high
volume of tractor trailer traffic.
DIVISION
Shall mean the Division of State and Regional Planning in
the New Jersey Department of Community Affairs.
DOCK DOOR
A type of sectional door used located on a building façade
above grade, which allows tractor trailer doors to open into the building
for the loading and unloading of materials and goods.
DRAINAGE
Shall mean the removal of surface water or ground water from
land or drains graded or by other means and including control of runoff
during and after construction or development, to minimize erosion
and sedimentation, to assure the adequacy of existing and proposed
culverts and bridges, to include water recharge into the ground where
practical, to lessen nonpoint pollution, to maintain the integrity
of stream channels for their biological functions.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
DRAINAGE RIGHT-OF-WAY OR EASEMENT
Shall mean the lands required for the installation of storm
water 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, in
accordance with N.J.S.A. 58:1-1 to 58:1-34.
DRIP LINE OR TREE CANOPY
Shall mean a limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk.
DRIVE-IN DOOR
A grade level door that is located at grade with ground both
inside and outside of the building that vertically opens and closes
down to the ground, and allows for the passage of vehicles through
it.
DRIVE-IN RESTAURANT
Shall mean any place or premises used for sale, dispensing
or serving of food, refreshment or beverage to customers in automobiles
or other motorized vehicles, including those establishments where
customers may serve the food, refreshments or beverages on the premises.
DWELLING UNIT
Shall mean one 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.
EASEMENT
Shall mean a right which one person has to use the lands
of another (owner) for a specific purpose not inconsistent with the
general property rights of the owner.
EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENTRY LEVEL HOUSING
Shall mean least cost housing units of any type usually with
one bedroom designed for occupancy by young married couples, singles
and divorced citizens often designed with the possibility for expansion
of living area to include more than one bedroom.
ENVIRONMENTALLY CRITICAL AREAS
Shall mean an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EQUESTRIAN CENTER
Shall mean a facility dedicated to boarding, training of
horses, and the holding of equestrian events, including show rings
(indoor or outdoor), stables, practice facilities, barns, polo grounds
and similar infrastructure dedicated to horses.
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
ESSENTIAL SERVICES
Shall mean the erection, construction, alteration or maintenance
by public utilities or municipal or other governmental agencies of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, control boxes, transformers, junction boxes,
police call boxes, traffic signals, light stations, telephone lines,
hydrants or other similar equipment and accessories therewith reasonably
necessary for the furnishing of adequate service by such utility or
governmental agency for the public safety, health and general welfare.
"Essential service" shall include firehouses and fire stations and
first aid and emergency aid squads. Underground utilities shall be
subject to requirements of the Public Utilities Commission as well
as other municipal ordinances where appropriate.
FAMILY
Shall mean any number of persons maintaining a single household.
A "family" may include foster children placed in such households by
the State Division of Youth and Family Services or a duly incorporated
child care agency but shall not include roomers or members of a fraternity
or sorority.
FARM
Shall mean an area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land may actually be used in connection with the firehouse as provided
in N.J.S.A. 54:4-23, 4-23.4, 4-23.11.
FINAL APPROVAL
Shall mean the official action of the Planning Board or Board
of Adjustment taken on a development plan which has been given preliminary
approval, and 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 position of such guarantees.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper County Recording Officer.
FLOOD PLAIN
Shall mean the relatively flat area joining the water channel
which has been or may be covered by flood water of the channel including
the following components:
a.
FLOODWAYThe river or other watercourse on the adjacent area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREA
Shall mean the area of all floors computed by using the dimensions
of the outside walls of each floor of a building. In computing the
second floor area, only those areas having a five-foot or more clear
headroom with completed floor/ceiling partitions and a minimum ceiling
height of seven feet six inches may be considered.
FRONTAGE
Shall mean the area between a building facade and the vehicular
lanes, inclusive of its built and planted components. Frontage is
divided into private frontage and public frontage.
FULFILLMENT CENTER
A type of building for third-party logistics that receives,
processes, and fills customer orders on behalf of retailers that is
usually freight for final consumption. Fulfillment centers are generally
characterized by 1) high turnover of inventory, largely direct to
consumers; 2) may have the presence of multiple mezzanine levels;
and 3) require a higher ratio of on-site parking for employee vehicles
and non-tractor trailer delivery vehicles, and also have a high volume
of traffic.
GARAGE (PRIVATE)
Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
of occupants of the main building and wherein not more than one space
is rented to persons not resident of the lot or not more than one
commercial vehicle with a rated capacity to exceed 3/4 ton.
GARAGE (PUBLIC)
Shall mean any building, premises or land in which or upon
which a business, service or industry involving the retail sales or
rental of new or used motor vehicles, prepackaged motor fuel or motor
vehicle parts is conducted or rendered other than service stations,
automotive, as defined in this section.
GOVERNING BODY
Shall mean the Mayor and Council of the Township of Sparta.
GRADE
Shall mean:
a.
The average finished ground elevation adjoining a building at
a project completion.
b.
The slope of a road, path, swale or other surfaces expressed
as a percentage.
GROSS AGGREGATE HOUSEHOLD INCOME
Shall mean the total gross household income from all sources
of all members of the household in determining the amounts of income
to be excluded. The Township shall consider the number of minor children
in the household and such other factors as are given similar consideration
under Federal and State subsidized housing guidelines.
HALF-STORY
Shall mean a space under a sloping roof which has an internal
stairway as a means of access and egress and in which the ceiling
area at a height of five feet above the 1/2 story floor joists is
less than 50% of the entire floor directly below.
Note: A basement shall be considered 1/2 story. A cellar
shall be considered 1/2 story if on average, a maximum of four feet
of its height is above finished grade elevation.
HEIGHT
Shall mean the vertical distance from the finished average
grade elevation to the top of a structure or the highest point of
the roof surface of a building.
HISTORIC SITE
Shall mean any building, structure, area or property that
is significant in history, architecture or archaeology or culture
of the State, its communities, or the nation, and has been so designated
by the State or National Register of Historic Places.
HOME OCCUPATION
Shall mean any activity carried out for gain by a resident
such as a physician, surgeon, dentist, lawyer, bookkeeper, accountant,
auditor, business and computer consultant, architect, engineer, seamstress,
artist, tutor, broker or member of a design profession, incidental
to and carried out by the person residing on the premises.
HOMEOWNERS' ASSOCIATION
Shall mean a duly incorporated organization of property owners
with mandatory membership by each purchaser of property usually for
the maintenance and/or operation of common facilities or services.
HOTEL/INN
Shall mean a facility offering transient lodging accommodations
to the general public and providing additional services, such as restaurants,
meeting rooms, health club and spas and catering facilities with access
to guest rooms via hallways from a main lobby.
IMPERVIOUS LOT COVERAGE
Shall mean that portion of one lot or more than one lot which
is improved or is proposed to be improved with principal and accessory
buildings and structures including driveways, parking lots, pedestrian
walkways, signs, and other man-made improvements on the ground surface,
which are more impervious than the natural surface.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
INDIRECT LIGHTING
Shall mean the use of fluorescent (and other vapor light)
or incandescent lighting set apart from, but directed towards the
surface of the sign.
INFILTRATION
Shall mean the process by which water seeps into the soil
from precipitation.
INSTITUTIONAL USE
Shall mean a use by a public or nonprofit quasi-public or
private institution for educational, religious, charitable, medical,
or civic purposes. Nonprofit institutional uses are those limited
to churches, nonprofit chartered membership organizations, public
schools covering grades kindergarten through grade 12, hospitals for
humans, and libraries. Profit-making institutional uses are those
limited to sanatoriums, nursing homes, convalescent homes and rest
homes, or private schools and trade schools.
INTERESTED PARTY
Shall mean any person whether residing within or without
the Township whose right to use, acquire or enjoy property is or may
be affected by any action taken under this Code, or whose right to
use, acquire or enjoy property under this Code or under any other
law of the State of New Jersey or of the United States has been denied,
violated or infringed by an action or failure to act under this Code.
INTERIOR LIGHTING
Shall mean the use of fluorescent (and other vapor light)
or incandescent lighting to illuminate a sign from behind the lettering
or from inside the sign structure.
INTERSECTION
Shall mean a point where two or more streets meet and/or
cross.
KENNEL
Shall mean a business devoted to the boarding, care or breeding
of dogs, cats or other small animals normally and usually kept as
household pets.
LAKE OR POND
Shall mean a standing body of open water whether created
naturally or by artificial impoundment.
LAND (CLASSIFIED)
For the purpose of this chapter, land shall be classified as either severely restricted, moderately restricted or least restricted as contained in §
18-5 of this Code.
LANDSCAPED AREA
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or any other similar areas but
not including areas occupied by buildings or structures, paving for
parking, loading or access thereto, required buffers or areas utilized
for outside storage.
LANDSCAPE AREA RATIO
The amount of Landscaped Area after development compared
to the total lot area.
LOADING SPACE
Shall mean an off-street space on the same lot with the building
or group of buildings for the temporary parking of commercial vehicles
while loading and unloading, having a vertical clearance of at least
15 feet.
LOT
Shall mean a parcel of land, exclusive of any adjoining street,
established by a separate description in a recorded deed, a subdivision
or other recorded map, or otherwise as permitted by law, for the purpose
of sale, lease, mortgage or separate use which is occupied or capable
of being occupied, in accordance with the requirements of this Code
by a building or buildings and the necessary uses, including such
open spaces as are required by this Code; except that, for the purposes
of this Code, contiguous undersized parcels, in single ownership,
shall be considered as one lot.
LOT AREA
Shall mean the area contained within the lot lines of a lot,
excluding any portion of the street right-of-way.
LOT COVERAGE
Shall mean that portion of a lot covered by impervious material
(i.e., paving, building and sidewalks, etc.).
LOT DEPTH
Shall mean the shortest horizontal distance between the midpoint
of the front line through the midpoint of the rear lot line.
LOT WIDTH
Shall mean the distance between side lines of a lot measured
parallel to the street right-of-way at the building setback line.
LOW AND MODERATE INCOME HOUSING
Shall mean dwelling units developed pursuant to the Township
Zoning Ordinance and made available to low and moderate income households.
LOW INCOME HOUSEHOLD
Shall mean a household whose aggregate gross annual income
at the time of purchase or rental does not exceed 50% of the median
income established and adjusted from time to time for the geographic
area in which the Township is located by the U.S. Department of Housing
and Urban Development.
MAINTENANCE GUARANTEE
Shall mean any security other than cash which may be accepted
by the Township for the maintenance of any improvements required by
this Code.
MAJOR DEVELOPMENT
Shall mean any "development" that provides for ultimately
disturbing one or more acres of land. Disturbance for the purpose
of this rule is the placement of impervious surface or exposure and/or
movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MINOR SITE PLAN
Shall mean a development plan of a single lot which does
not involve any new street or extension of any off tract improvements
and is within the scope of development specifically permitted by this
chapter as a minor site plan as follows:
a.
A change in use involving no building construction other than
interior modification or interior structural alteration and no additional
off street parking;
b.
Minor exterior structural changes such as entry enclosures,
porticos and other structural appurtenances including roof appurtenances;
or
c.
Alterations to the existing facade of existing buildings not
involving expansions of the square footage of the existing buildings.
MINOR SUBDIVISION
Shall mean the division of a tract of land meeting one or
more of the following conditions:
a.
The elimination of a property line or property lines for the
purpose of enlarging an existing parcel of land or combining contiguous
lots or parcels of land.
b.
The division of a parcel of land for the purpose of enlarging
an adjoining parcel wherein the remaining parcel is not in conflict
with the Zoning Ordinance nor is its future use or development adversely
affected.
c.
The division of a tract of land into not more than three separate
lots or parcels, including any remaining area, wherein all such lots
or parcels meet all of the following requirements:
1.
Said lots are not in conflict with the Zoning Ordinance, Master
Plan or Official Map.
2.
All lots front on an existing street as defined in this chapter
which is improved sufficiently to meet all requirements and standards
of Sparta Township so that a building permit could be issued to construct
a building on each lot.
3.
No new streets or roads are involved.
4.
The resulting lots are suitable for their intended purpose without
the necessity of making unusual changes in grades of the lots.
5.
The creation of said lots will not produce a drainage problem
or result in the necessity for drainage improvements.
6.
The creation of said lots will not adversely affect the uniform
and comprehensive development of any remaining parcel or adjoining
land in terms of:
(a)
Suitable future road access and desirable future road and lot
patterns.
(b)
Future water and sanitary sewer utility installations and storm
drainage improvements.
MODERATE INCOME HOUSEHOLD
Shall mean a household whose aggregate gross annual income
at the time of purchase or rental is between 50% and 80% of the median
income established and adjusted from time to time for the geographic
area in which the Township is located by the U.S. Department of Housing
and Urban Development.
MOTEL
Shall mean a facility offering transient lodging accommodations
to the general public with the majority of all rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building.
MUNICIPAL AGENCY
Shall mean the approving agency designated in this Code to
take action on an application pursuant to its jurisdiction as set
forth in the Municipal Land Use Law such as, the Planning Board or
Zoning Board of Adjustment.
MUNICIPALITY
Shall mean any city, borough, town, township, or village.
NATURAL FEATURES
Shall mean the earth itself, the water upon or under the
surface of the earth, the air above the earth, and plants, animals,
fish, birds, insects and other living creatures growing upon or inhabiting
the earth, the water or the air.
NODE
Shall mean an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NONCONFORMING LOT
Shall mean a lot of record existing at the date of the passage
of this chapter which does not conform to the regulations of this
Code for the zone in which it is located.
NONCONFORMING STRUCTURE (BUILDING)
Shall mean a building or structure, the size or location
upon the lot does not conform with the regulations of this Code for
the zone in which it is located.
NONCONFORMING USE
Shall mean a use of any building, structure, or land which
existed prior to the passage of this Code and which use does not conform
with the regulations of the district in which it is located.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
OFF-SITE
Shall mean located outside the lot lines of the lot in question
but within the property (of which the property is a part) which is
the subject of the development application or on a contiguous portion
of a street right-of-way.
OFF-TRACT
Shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
OFF-TRACT IMPROVEMENT
Shall mean an improvement which is not located on the property
which is the subject of an application for development nor on a contiguous
portion of a street or right-of-way and includes any of the following:
a.
All improvements, whether new, extensions or modifications,
of the types required for on-tract installation where the need for
the providing of such improvements, off-tract, is in whole or in part
made necessary by the application of the applicant and where the making
of such improvements will confer a benefit on the applicant's lands,
which are the subject of the application.
b.
Any improvement or facility, the installation of which is required
in the public interest, and the public need for which would not have
arisen but for the applicant's application and the installation of
which will confer a benefit upon the applicant's lands, which are
the subject of the application. Improvements required to maintain
a safe flow of vehicular and pedestrian traffic are specifically declared
to be necessary in the public interest.
OFFICIAL MAP
Shall mean a map adopted in accordance with the provisions
of N.J.S.A. 40:55D-32 et seq.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
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.
ON-TRACT IMPROVEMENT
Shall mean any improvement, the installation of which may
be required as part of an application for development and which is
to be located on the property which is the subject of an application
for development or on a contiguous street or right-of-way.
OPEN SPACE
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designed 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.
PARCEL HUB
A type of warehouse that typically serves as regional and
local freight-forwarder facilities for time-sensitive shipments via
airfreight and ground carriers that is generally characterized by
a building with the following: 1) 150 feet to 300 feet wide; and 2)
access to dock doors provided on two or more opposites of the building
and up to all (4) sides. This use may include tractor trailer maintenance,
wash, or fueling facilities.
PARKING AREA
Shall mean an open area, other than a street or other public
way, used for the parking of motor vehicles and available for use
as a service or privilege to guests, licensees, clients, customers,
suppliers or residents. It shall include driveways and access drives
located within the lot area.
PARKING SPACE
Shall mean an accommodation for the off-street parking of
one motor vehicle, which space shall have an area required by this
Code.
PARTY IMMEDIATELY CONCERNED
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 by law.
PATH
Shall mean a cleared way for pedestrians and/or bicycles
to travel which may or may not be paved.
PATH (BRIDLE)
Shall mean a cleared way for horses to travel which is not
paved.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted and approved
by the Township Attorney, including cash, provided that no more than
10% of the total performance guarantee can be required to be secured
by cash.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, Township of Sparta, or political subdivision of
this State subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
PHT
Shall mean the numbers of peak hour vehicular traffic movements
for land uses of various types.
POLLUTANT
Shall mean any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the State, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
POOL
Shall mean any private pool whether permanently constructed
or of the portable type having a depth of more than 18 inches, or
having a depth of more than 25 inches when partly or wholly above
ground, or having a surface area exceeding 100 square feet, designed,
used and maintained for swimming or bathing purposes by an individual
for use of members of his or her household and guests, and located
on the applicant's land or land under the applicant's control, and
shall include all buildings, structures, equipment and appurtenances
thereto.
POOL (WADING)
Shall mean and include any shallow pool whether permanently
constructed or of the portable type which is less than 18 inches below
the level of the surrounding land, less than 24 inches deep when partly
or wholly above ground and less than 100 square feet in water surface
area.
POOL CABANA
Shall mean an accessory structure located in conjunction
with an inground pool and is limited to a changing room and storage.
POOL HOUSE
Shall mean an accessory structure located in conjunction
with an inground pool and may include a kitchen, bathroom, shower
and changing room, but shall not include a bedroom or be used as sleeping
quarters.
PRELIMINARY APPROVAL
Shall mean the official action taken by the Planning Board
on a preliminary plat or preliminary planned development application
which determines whether or not the map submitted is in proper form
and meets the established standards adopted for design layout and
development of the subdivision. Such preliminary approval confers
upon a subdivider all rights provided for by virtue of the provisions
of N.J.S.A. 40:55D-49.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form its scope, scale, relationship to its site and immediate environs.
PRINCIPAL STRUCTURE
Shall mean a structure arranged, adopted, or designed for
the predominant or primary use for which a lot may be used.
PRINCIPAL USE
Shall mean the primary or predominant use of the premises.
PROFESSIONAL USE
Shall mean a use related to professional services and/or
administrative and executive purposes including but not limited to
architecture, medicine, dentistry, engineering, law, accounting, insurance
and real estate.
PUBLIC AREAS
Shall mean:
a.
Public parks, playgrounds, trails, paths and other recreational
areas;
b.
Other public open spaces;
c.
Scenic and historic sites;
d.
Sites for schools and other public buildings and structures.
PUBLIC BUILDING
Shall mean a building which is owned and used by a governmental
agency.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
PUBLIC DRAINAGEWAY
Shall mean the land reserved or dedicated for the installation
of storm water 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.
PUBLIC OPEN SPACE
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.
PUBLIC UTILITY
Shall mean public utility installations such as power generating
stations, electric substations, power distribution, transmission lines,
radio and television signal towers, telephone exchanges and similar
facilities. This definition shall not apply to telephone poles, gas,
water, and television distribution lines intended to provided direct
service to properties when the same are approved by the appropriate
Township agency.
QUALIFYING MAP
Shall be approved by the Planning Board for all cluster subdivisions.
The map shall depict a subdivision designed to meet the standard yard
requirements of the zone. The total number of cluster subdivision
lots may not exceed the number of standard lots which would have been
otherwise permitted.
QUORUM
Shall mean the majority of the full authorized membership
of a municipal agency.
RAIL ADJACENT USE
A principal use that utilizes rail access as a means for
the transportation of goods to or from a site, in which the building
or buildings in which the principal use is conducted have direct access
to the rail for loading or unloading purposes, and in which any part
of the principal building is located within 500 feet of the railroad
or rail siding.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REPLACEMENT TREE
Shall mean a nursery-grown certified tree, properly balled
and burlapped, marked with a durable label indicating genus, species
and variety and satisfying the standards established for nursery stock
and installation as set forth by American Association of Nurserymen.
RESIDENTIAL APPEARANCE
Shall mean a building or structure having the appearance,
size and bulk of a single family dwelling in keeping with the goal
of the 1993 Interchange Master Plan, generally similar to single family
residence Classes 18 through 20 inclusive, as depicted in the "Real
Property Appraisal Manual for New Jersey Assessors" Third Edition,
issued by the Local Property and Public Utility Branch, Division of
Taxation, Department of the Treasury, State of New Jersey and as shown
in Appendix "A" of the 1993 Amendment to the Interchange Master Plan.
RESIDENTIAL CLUSTER
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.
RESTAURANT
Shall mean an establishment where food and drink are prepared,
served and consumed primarily within the principal building.
RESTAURANT, FAST FOOD
Shall mean a building in which food and drink is served to
patrons from counters for consumption either inside or outside the
building and may include facilities for serving food and drink to
patrons in automobiles.
RIGHT-OF-WAY
Shall mean the strip of land on which a road, path or public
utility is located, owned by, or dedicated to the public or subject
to an easement in a public agency.
ROOF LINE
Shall mean the highest continuous horizontal line of a roof.
On a sloping roof, the roof line is the principal ridge line or the
highest line common to one or more principal slopes of the roof. On
a flat roof, the roof line is the highest continuous line of the roof
or parapet, whichever is higher.
ROOMER
Shall mean one who rents a room and either takes in foods
or takes meals by prearrangement.
SATELLITE RECEIVING DISH ANTENNA
Shall mean any structure or part thereof used to receive
satellite transmissions. If said structure and mounting device is
greater than three feet, it shall be considered an accessory structure
and shall conform to the yard requirements of the zone.
SEDIMENT
Shall mean solid material, mineral or organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water or gravity as a product of erosion.
SEDIMENTATION
Shall mean the deposit 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.
SELECTIVE CUTTING
Shall mean the removal of larger trees on an individual basis
while leaving trees of lesser size.
SENIOR CITIZEN HOUSING
Shall mean a building or group of buildings containing individual
dwelling units designed for occupancy and the particular use of senior
citizens; where residents are provided with physical support services,
designed to meet the daily physical needs of the elderly.
SERVICE STATION AUTOMOTIVE
Shall mean a retail place of business engaged primarily in
the sale of motor fuels but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs.
SETBACKS
Shall mean the required yard or distance between buildings
and property lines.
SHOP, RETAIL
Shall mean a building or part thereof in which or from which
a service is rendered directly to the ultimate customer.
SIGHT DISTANCE
Shall mean the distance of clear sight from a given point
in particular directions such as the sight distance that may be required
in the alignment of streets and roads and the location of driveways.
SIGN
Shall mean and include every device, frame, letter, figure,
character, mark, plane, point, design, picture, stroke, stripe, trademark,
model, emblem, object, logo or reading matter, which is used or intended
to be used to attract attention or convey information when placed
outdoors in view of the general public; in addition, any of the above
shall be considered a sign within the meaning of this chapter, when
placed near the inside surface of a window in such a way as to be
used to convey information to the public.
SIGN, ADVERTISING
Shall mean a sign which directs attention to a business,
commodity, service or other facility or entertainment sold or offered
elsewhere than on the premises where the sign is located.
SIGN, AREA
Shall mean the entire space within a single continuous perimeter
enclosing the extreme limits of a sign.
SIGN, BUSINESS
Shall mean a sign which directs attention to a business,
commodity or profession conducted or offered upon the property where
the sign is displayed.
SIGN, DIRECTIONAL
Shall mean an off-premises sign, the purpose of which is
to indicate the direction to a permitted use. On-premises signs directing
and controlling traffic shall also be considered directional signs.
SIGN, FACADE AREA
Shall mean the area of a building wall fronting on a street
including windows and doors.
SIGN, FLASHING
Shall mean a sign in which the artificial light is not maintained
constant in intensity, color or frequency at all times when such sign
is in use.
SIGN, FREESTANDING
Shall mean any sign supported by uprights or braces upon
or in the ground, and not attached to any building.
SIGN, POLITICAL
Shall mean a temporary sign presenting information expressing
support for or opposition to a candidate or candidates for public
office, a political party, or ballot measure, presenting an issue
to be voted upon, or pertaining to an upcoming election.
SIGN, REAL ESTATE
Shall mean a temporary freestanding sign used to advertise
the sale or rental of the premises upon which it is placed.
SIGN, TEMPORARY
Shall mean any sign that is displayed or erected for a maximum
of 47 days, not requiring a permit, including political signs.
SIGN, VERTICAL HEIGHT
Shall mean and include the largest vertical height of the
background upon which the lettering, illustration or display is presented.
This shall not include the supporting members of any sign which are
used solely for such support. If the letters, illustration, or display
are attached directly to the face of the building, the height of the
sign shall be the height of the largest letter, illustration or total
display, whichever is the greater.
SIGNS, DIRECTORY
Shall mean a sign located within the interior of a site having
multiple buildings or offices, the sign of which is approved by the
Planning Board or Zoning Board of Adjustment to provide for identification
and location of individual tenants, and is deemed appropriate for
the public safety and better vehicular and pedestrian circulation.
SILVICULTURE
Shall mean the management of any wooded tract or lot of land
to insure its continued survival and welfare, whether for commercial
or noncommercial purposes, pursuant to a plan approved by the New
Jersey Department of Forestry.
SINGLE OWNERSHIP
Shall mean ownership by one person or ownership by two or
more persons as joint tenants, as tenants by the entirety, or as tenants
in common, of a separate lot not adjacent to land in which any of
the above-mentioned persons have any beneficial interest whatsoever;
including, among others, interest by marriage and/or blood. For purposes
of this definition, participation in a corporation by stock ownership
or participation in a partnership is a beneficiary interest.
SITE
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
SITE AREA
Shall mean all lands within a closed boundary survey of a
site, including public rights-of-way.
SITE PLAN
Shall mean a development plan of one or more lots on which
is shown:
a.
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
b.
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;
c.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this Code.
SOIL
Shall mean all unconsolidated mineral and organic material
of any origin.
SOIL REMOVAL OPERATION
Shall mean the removal of sand and gravel resources, chiefly
by means of excavation, which may permit washing, grading and screening
of material, but not including the quarrying of rock or similar material.
SPECIALTY RETAIL
Shall mean a small retail outlet that focuses on selling
a particular product range and associated items. Specialty store business
operators should maintain considerable depth in the type of product
that they specialize in selling, in addition to providing higher service
quality and expert guidance to shoppers. Specialty retail may include
antique shops, art studios and galleries, restaurants, cafe's, bakeries,
gift shops, and similar specialty retail uses.
STANDARDS OF PERFORMANCE
Shall mean standards in §
18-5 of this Code which regulate noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste, discharge, screening of unsightly objects or conditions, and such other similar matters as may be reasonably required in that section of any applicable Federal, State or County laws or regulations.
STATE PLAN POLICY MAP
Shall mean the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
STEALTH TOWER STRUCTURE
Shall mean man-made trees, clock tower, bell steeples, light
poles and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
STORE, RETAIL
Shall mean a building or part thereof in which or from which
merchandise or services are furnished directly to the public.
STORE, WHOLESALE DISPLAY
Shall mean a building or part thereof where merchandise is
displayed for sale and sold at wholesale, but where no goods, wares,
merchandise or material is warehoused.
STORMWATER
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
Shall mean an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management basin
may either be normally dry (that is, a detention basin or infiltration
basin), retain water in a permanent pool (a retention basin), or be
planted mainly with wetland vegetation (most constructed stormwater
wetlands).
STORMWATER MANAGEMENT MEASURE
Shall mean any structural or nonstructural strategy, practice,
technology, process, program, or other method intended to control
or reduce stormwater runoff and associated pollutants, or to induce
or control the infiltration or groundwater recharge of stormwater
or to eliminate illicit or illegal nonstormwater discharges into stormwater
conveyances.
STORMWATER RUNOFF
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
STORY
Shall mean a set of rooms on one floor level of a building.
For purposes of this Land Management Code, a basement as defined herein
shall be considered a half-story. A cellar as defined in this section
shall be considered a half-story if more than four feet of the total
height is above finished grade elevation.
STREET
Shall mean any street, avenue, boulevard, road, lane, parking
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines. For the purpose
of this Code, streets shall be classified as follows:
a.
LOCAL ARTERIAL STREETA Township road that lies between two arterial roads which are either County roads or State highways.
b.
COLLECTOR STREETAll those streets or roads which carry traffic from local streets to the local arterial streets, County roads, or State highways. The entrance road to a major subdivision or site plan shall also be considered a collector street.
c.
LOCAL STREETMinor streets and cul-de-sac streets which are primarily intended to provide access to abutting properties. The local street standards would also be applicable for minimum design standards for commercial and industrial site plans.
STREET LINE
Shall mean the right-of-way line of a street dedication or
deed of record.
STRUCTURE
Shall mean any combination of materials forming any construction,
the use of which requires location on the ground or attachment to
something having location either above, below, or on the ground and
including among other things, display stands, platforms, poles, flagpoles,
standpipes, earthenworks, tanks and towers of any kind. The term "structure"
shall include the term "building." For the purpose of determining
compliance with the setback requirements of this Code, it shall not
include structures such as fences, fuel oil tanks, septic tanks, or
leaching pools, or any system buried below grade.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered subdivisions
provided no new streets or roads are involved.
a.
Divisions of land found by the Planning Board or division committee
thereof appointed by the Chairman to be for agricultural purposes
where the resulting parcels are five acres or larger in size;
b.
Division of property by testamentary or intestate provisions;
c.
Divisions of property upon court order, including but not limited
to, judgments of foreclosure.
d.
Consolidation of existing lots by deed or other recorded instrument.
Subdivision also includes resubdivision and where appropriate to the
context, relates to the process of subdividing or to the lands or
territory divided. The transfer of title to one or more adjoining
lots owned by the same person or persons as the same are designated
on a map filed in the Sussex County Clerk's Office prior to the establishment
of a Planning Board in the Township pursuant to the Municipal Planning
Act of 1953 shall be considered a subdivision of land.
e.
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 are found to the
requirements of this Code and are shown and designated as separate
lots, tracts, or parcels on the tax map or atlas of the municipality.
The term "subdivision" also includes the term "resubdivision."
THINNING
Shall mean the removal of undesirable, competitive, diseased
or damaged trees so as to cultivate and improve the remaining trees
on the site.
THOROUGHFARE
Shall mean a way for use by vehicular and pedestrian traffic
and to provide access to lots and open spaces, consisting of vehicular
lanes and the public frontage.
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area, which may be influenced by
stormwater runoff from inland areas, but which is primarily caused
by the Atlantic Ocean.
TOPSOIL
Shall mean the arable soil within eight inches of the surface.
TOWER SITE
Shall mean the enclosed area in which the tower and its appurtenances
are located.
TRAILER
Shall mean a wheel-based noncommercial vehicle that is designed
to be transported by traction and which is used or may be used as
a dwelling or for the transportation or storage of goods, materials,
livestock or any object. The regulations in this chapter that apply
to trailers shall also apply to the following vehicles as herein defined
below:
a.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation and vacation uses. It shall have body width not exceeding eight feet and a body length not exceeding 32 feet.
b.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
c.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
d.
BOAT TRAILERA trailer designed for the purpose of transporting a boat over land.
e.
HOUSE TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
TRAILERS
Used to mount signs, satellite receiving dish antennas, sheds,
or other structures may not be used to circumvent the yard requirements
of an accessory structure within any given zone.
TRANSCRIPT
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
TRANSECT ZONES (T ZONES)
Shall mean one of several areas on a Zoning Map regulated
by the SmartCode. Transect Zones are administratively similar to the
land use zones in conventional codes, except that in addition to the
usual building use, density, height and setback requirements, other
elements of the intended habitat are integrated, including those of
the private lot and building and public frontage.
TREE
Shall mean any deciduous or coniferous species, which reaches
a mature height of 12 feet or more at maturity and has a typical DPM
of four-inch caliper or greater.
TRUCKING TERMINAL
A place where products, goods, and materials are unloaded
from one inbound source such as a tractor trailer or railcar, and
then either stored on a short-term basis or directly moved onto another
outbound transportation source, and the primary storage of any products,
goods, and materials occurs within a tractor trailer or railcar. May
also be referred to as "cross-docking."
URBAN ENTERPRISE ZONES
Shall mean a zone designated by the New Jersey Enterprise
Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act,
N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Shall mean previously developed portions of areas:
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
Designated as CAFRA Centers, Cores or Nodes;
Designated as Urban Enterprise Zones; and
Designated as Urban Coordinating Council Empowerment Neighborhoods.
VARIANCE
Shall mean permission to depart from the literal requirements
of a zoning regulation, granted by the Planning Board or Zoning Board
of Adjustment, pursuant to the Municipal Land Use Law.
VETERINARIAN OFFICE
Shall mean the office used by a veterinarian for out-patient
treatment of dogs, cats or other small animals normally and usually
kept as small pets.
WAREHOUSE
A building where raw materials or finished goods are stored,
where the primary purpose of the facility is extended storage of product,
and typically have a low volume of tractor trailer and non-tractor
trailer vehicle traffic. Any building where storage of product is
the primary use that contains dock doors on not more than one and
a partial second side of the building shall be considered a warehouse,
not a Distribution Center.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwaters, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
WET MINING
Shall mean an operation in which material is removed below
the water table.
WETLANDS OR WETLAND
Shall mean an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
WIRELESS TELECOMMUNICATIONS ANTENNA
Shall mean an antenna that transmits or receives radio frequency
signals for wireless telecommunications towers and the users of towers
or other structures.
WIRELESS TELECOMMUNICATIONS TOWER
Shall mean a free-standing, vertical structure designed to
support one or more wireless telecommunications antennas. The height
of the tower shall not include a lightning rod.
YARDS
Shall mean:
a.
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
b.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
c.
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. If there is no rear lot line, as in the case of a triangular shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming provided there can be drawn entirely within the property a quadrilateral formed by the rear line of the existing or proposed principal building, the extension of the sidelines of the principal building from the rear of the principal building and a line connecting said extending building side line which quadrilateral shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard. In no event shall the principal building be located closer to a property line at any point other than the minimum side yard requirement. (See Illustration #1.)
ILLUSTRATION #1
(Rear yard)
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ZONING PERMIT
Shall mean a document signed by the Zoning Officer:
a.
Which is required by this Code as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or illustration of a structure or building;
and
b.
Which acknowledges that such use, structure or building complies
with the provisions of the zoning regulations or variance therefrom
duly authorized by the Planning Board or the Zoning Board of Adjustment.