[Ord. #88-14 § 1; Ord. #88-17 § 3; Ord.
#89-17 § 4; Ord. #90-3 § 1; Ord. #90-4 § 3;
Ord. #90-17 A1; Ord. #91-08 § 1; Ord. #92-05 § 1;
Ord. #92-26 § 1; Ord. #92-27 § 1; Ord. #93-5 §§ 1,
2; Ord. #94-18 §§ 1, 2; Ord. #94-23 § 1;
Ord. #94-25 § 1; Ord. #95-2 § 1; Ord. #95-19 §§ 2,
3; Ord. #95-22 § 1; Ord. #95-49 § 1; Ord. #97-12
§ 1; Ord. #97-26 § 1; Ord. #97-27 § 1;
Ord. #98-03 § 2; Ord. #98-10 § 1; Ord. No. 98-14 § 1; Ord. #98-33 §§ 1,
2; Ord. #98-43 § 1; Ord. #99-15 § 1; Ord. #2000-12
§ 1; Ord. #2000-16 § 1; Ord. #2000-19 § 1;
Ord. #2000-44 § 1; Ord. #2008-07 § 2; Ord. #2010-001
§ 1; Ord. #2012-001 § 2; Ord. #2013-013 § 4; Ord. No. 2017-005 § 1; Ord. No. 2017-013 § 2]
For the purpose of this chapter, certain phrases and words are
herein defined as follows: words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the word "plot" and "premises"; the
word "structure" includes the word "building"; the word "building"
includes the words "dwelling" or "residence"; the word "shall" is
mandatory and not discretionary. 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).
Moreover, 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 N.J.S.A. 40:55D-1 et seq., unless specifically defined
to the contrary in this chapter.
Shall mean a building, structure or use which is customarily
associated with and is subordinate and incidental to the principal
building, structure or use and which is located on the same lot therewith,
including, but not limited to, garages, carports, barns, kennels,
sheds, non-portable swimming pools, guest houses and all roofed structures.
Any accessory building attached to the principal building shall be
considered part of the principal building.
Shall mean the Township Clerk of the Township of Bedminster,
Somerset County, New Jersey, unless a different municipal official
is designated by this chapter to administer certain of the responsibilities
and authorities specified for the administrative officer in N.J.S.A.
40:55D-1 et seq.
Shall mean conditions or situations created by a proposed
development that impose, aggravate or lead to impractical, unsafe
or unsatisfactory conditions on surrounding properties such as inadequate
drainage facilities, unsuitable street grades, street locations that
fail to compose a convenient system, and failure to provide or make
future allowance for access to the interior portion of adjoining lots
or for other facilities required by this chapter.
Shall mean any contrivance now known or hereafter invented,
used or designed for air navigation or flight in the air. It includes,
but is not limited to: airplanes, airships, blimps, dirigibles, gyroplanes,
gliders, helicopters, hot air or gas balloons, seaplanes, tiltrotors,
and ultralights.
Shall mean a designated area of land, water, or both, which
is licensed for the landing and takeoff of airplanes and other aircraft,
and which may provide facilities for shelter, security, and service
of aircraft utilized by the general public for such purposes, publicly
or privately owned and licensed by the Commissioner of the Department
of Transportation as a public use airport, and which was an airport
existing as of the adoption of the December 30, 1946 Bedminster Township
Zoning Ordinance.
Shall mean any change in or additions to the supporting members
of a building such as walls, columns, beams, girders, posts or tiers.
Shall mean a developer submitting an application for development.
Shall mean the application or appeal forms and all accompanying
documents required by this chapter for approval of a subdivision plat,
site plan, planned development, conditional use, zoning variance or
direction for issuance of a permit pursuant to N.J.S.A. 40:55 D-34
or N.J.S.A. 40:55D-36.
Shall mean that portion of a building which is partly or
completely below grade (See "Story-above-grade"). Basements in existing
buildings that do not meet the habitable space requirements of the
Uniform Construction Code shall not be considered part of the gross
floor area of the building, except that any portion used for the building
infrastructure (i.e. HVAC equipment, elevator units, etc.) shall be
considered part of the gross floor area.
Shall mean a room planned or used primarily for sleeping
accessible to a bathroom without crossing another bedroom or living
room.
Shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes other than
on a building or the grounds to which the advertising applies.
Shall mean any structure or extension thereof or addition
thereto having a roof supported by such things as columns, posts,
piers, walls or air and intended for the shelter, business, housing
or enclosing of persons, animals or property.
Shall mean the vertical distance measured to the highest point of the building except as provided in subsection 13-602.1 from a mean elevation of the finished grade at the foundation along the side(s) of the building facing a street or to the street line if the street line is within ten (10') feet in distance from the foundation. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories above grade within said footage.
Shall mean a cable television company as defined pursuant
to N.J.S.A. 48:5A-3.
Shall mean the hard or paved surface portion of a street
customarily used for vehicles in the regular course of travel. Where
there are curbs, the cartway is that portion between the curbs. Where
there are no curbs, the cartway is that portion between the edges
of the paved or graded width.
Shall, unless the context clearly indicates otherwise, have
the same meaning as the term "Houses of Worship" defined below.
Shall mean a private organization principally for the enjoyment of quiet sports and open spaces such as tennis, swimming, equestrian activities, hiking and fishing. Accessory facilities may be included if clearly subordinate to the open air use such as covered tennis courts fewer in number than open courts, year-round pools, lockers and incidental eating and social facilities. As an exception to subsection 13-601.4, employee, member or guest accommodations shall be permitted as an accessory use in existing buildings and structures or in new dwelling units, provided that the number of new dwelling units permitted shall not exceed a number equal to one per 40 acres, less the number of dwelling units in existing buildings or structures to be used for employee, member or guest accommodations. Any new employee, member or guest accommodations shall comply with the requirements of subsection 13-601.4a2, 4 and 5. All open air clubs shall be subject to the regulations set forth in Section 13-525 of this chapter. Moreover, any open air club with a gross floor area exceeding 3,900 square feet shall be a conditionally permitted use subject to compliance with those conditions set forth in subsection 13-601.10 of this chapter.
Shall mean a private organization for social purposes in
which the principal use is in enclosed buildings and no outdoor sports
are involved.
Shall mean any site which has a structure or structures containing
one or more non-residential uses and containing an aggregate of more
than 5,000 square feet of nonresidential floor area.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean an application form completed as specified by this chapter and the rules and regulations of Bedminster Township and all accompanying documents required by this chapter for approval of the particular application for development as specified in Article 13-800 of this chapter; provided that the municipal agency may require such additional information not specified in this chapter or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revisions to the accompanying documents so required by the municipal agency.
Shall mean a use permitted in a particular zoning district
only upon showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as specified in this chapter.
Shall mean an interest in land less than fee simple absolute,
stated in the form of a right, restriction, easement, covenant or
condition, in any deed, will or other instrument, other than a lease,
executed by or on behalf of the owner of the land, appropriate to
retaining land or water areas predominantly in their natural scenic
or wooded condition, or for conservation of soil or wildlife or for
outdoor recreation or park use, or as suitable habitat for fish or
wildlife, and to forbid or limit any or all inappropriate uses. If
any area within a conservation easement is a wetland or transition
area as defined in the New Jersey Freshwater Wetlands Protection Act,
its use shall be governed by the provisions of such Act. It is not
the intent of the conservation easement to permit activities which
are prohibited by the Act nor to prohibit activities which are permitted
by the Act.
Shall mean an individual designated by the Bedminster Township
Committee and duly licensed by the New Jersey State Department of
Community Affairs to serve as the construction official.
Shall mean one or more buildings containing suites/occupancy
units available to the public, with or without meals which are contracted
for occupancy on a transient and/or transitional basis. The use also
permits necessary accessory uses, including but not limited to leasing
and housekeeping needs, business support and facilitation spaces and
services, social gathering areas and personal services, such as spas
and fitness centers.
[Ord. No. 2017-005 § 1]
Shall mean the square footage or other area measurement by
which all buildings occupy a lot as measured in a horizontal plane
around the periphery of the facades and including the area under the
roof of any structure supported by columns, but not having walls,
as measured around the outside of the outermost extremities of the
roof above the columns.
Shall mean the square footage or other area measurement by
which all buildings and impervious surfaces cover a lot as measured
in a horizontal plane to the limits of the impervious area(s). All
surfaced parking areas and all required parking areas which are permitted
to remain unsurfaced shall be included in the computation of lot coverage.
Lot coverage shall also include the area covered by all decks, patios,
and unpaved stone or other semi-pervious surfaces.
Shall mean any extended horizontal accessory structure serving
as a floor and covering, partially or fully, any portion of the lot
area of a particular lot or tract.
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.
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 other structure,
or any mining, excavation or landfill, and any use or change in use
of any building or other structure or land or extension of use of
land, for which permission may be required.
Shall mean a digital file showing existing and proposed lot
lines, rights of way and easements, and proposed improvements (whether
public or private) for an application for development. This digital
file shall be in a format approved by the Township Engineer and shall
be referenced to the New Jersey State Plane Coordinate System.
Shall mean the lands required for the installation and maintenance
of storm water and sanitary sewers, water pipes or drainage ditches
and other utilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Shall mean a room or series of connected rooms designed for
permanent residency containing living, cooking, sleeping and sanitary
facilities for one housekeeping unit. The dwelling unit shall be self-contained
and shall not require passing through another dwelling unit or other
indirect route(s) to get to any other portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
DETACHED SINGLE-FAMILYShall mean a building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.
APARTMENTShall mean a building containing a minimum of three dwelling units and not exceeding three and one-half (3 1/2) stories and thirty-five (35') feet in height.
SEMI-DETACHED SINGLE FAMILYShall mean two buildings on two adjacent lots joined by a party wall, each containing one dwelling unit with its own sleeping, cooking and sanitary facilities, and which is occupied or intended to be occupied for residence purposes by one housekeeping unit.
TWO-FAMILYShall mean a building on one lot containing two dwelling units only, each having entrances on the first floor, intended for the residential occupancy by two housekeeping units, each living independently of each other and each unit with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement.
TOWNHOUSEShall mean a single-family attached dwelling in a building containing no more than four such dwelling units, with each unit attached to other similar units by party walls extending from the foundation to the roof and providing two direct means of access from the outside on two different outside walls. Each dwelling unit shall be compatibly designed in relation to all other units, but distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. For purposes of this chapter, a townhouse may include a building in fee simple, condominium or cooperative ownership, or any combination thereof. Nothing in the definition shall be construed to allow one dwelling unit over another.
Shall mean a use or burden imposed on real estate by deed
or other legal means to permit the use of land by the municipality,
public, a corporation, or particular persons for specific uses.
Shall mean the lowest edge of a roof, measured at the lowest
point where the roof intersects the vertical plane of the building
wall.
Shall mean an establishment selling goods such as grain and
feed and other customary items to support various types of agriculture
and equestrian activities. Examples of goods that may be sold by a
facility to support agriculture are grain and feed, hardware, farm
implements, seed and customary items typically used in farming and
equestrian activity. Examples of goods that are prohibited from sale
by a facility to support agriculture are live animals, fuel (of any
type), tractors, lawnmowers, and any tool with a gas or diesel engine
or motor.
Shall mean a tract with at least five acres devoted to the
growing and harvesting of crops and/or the raising and/or breeding
of animals, including truck farms, fruit farms, nurseries and greenhouses,
equestrian ownership, boarding, and training facilities, silviculture
operations, dairies and livestock produce provided that no commercial
slaughtering shall be permitted.
Shall mean the relatively flat area adjoining a water channel
which has been or may be covered by flood water of the channel, including
the following components.[1]
Flood fringe area shall mean that portion of the flood hazard
area outside of the floodway.
Flood hazard area shall mean land in the flood plain subject
to a 1% or greater chance of flood in any given year.
Floodway shall mean the river or other watercourse and the adjacent
land area that must be reserved in order to discharge the design flood
without cumulatively increasing the water surface elevation more than
0.2 of a foot.
Shall mean the sum of the gross horizontal areas of the several
stories or basements of a building as measured from the exterior face
of exterior walls or the centerline of shared walls. The area under
any roof overhang of four (4') feet or less and/or any under roof
parking area shall not be included in the G.F.A. calculation. The
GFA for single family residential and agricultural uses shall not
include basements, attics, detached storage buildings and agricultural
buildings.
[Ord. No. 2017-013 § 2]
Shall mean the finished and heated area fully enclosed by
the inside surfaces of walls, windows, doors and partitions and having
a headroom of at least six and one-half (6 1/2') feet including
working, living, eating, cooking, sleeping, stair, hall, service and
storage areas but excluding garages, carports, parking spaces, cellars,
half-stories, attics, basements, service and storage buildings, barns,
stables and unheated detached buildings.
[Ord. No. 2017-013 § 2]
Shall mean the sum of the net habitable floor area of all
floors, of buildings or structures compared to the total area of the
site.
[Ord. No. 2017-013 § 2]
Shall mean a tract of land improved with at least 18 holes for playing the game of golf, and improved with tees, greens, fairways and hazards, and a clubhouse (which may include dining rooms, common rooms, a pro shop, social rooms, kitchen, locker rooms and similar facilities) and customary, but clearly subordinate accessory buildings and structures for the maintenance and operation of the facility. A golf course/club may include suites and/or rooms of overnight lodging for the exclusive use of members and their guests, subject to the conditions of subsection 13-601.9. As an exception to subsection 13-601.4, accommodation for employees shall be permitted as an accessory use in existing buildings and structures or in new employee dwelling units, provided that the total number of new employee dwelling units permitted shall not exceed a number equal to five per 18 golf holes, less the number of dwelling units in existing buildings or structures to be used for employee accommodations. Any new employee dwelling units shall comply with the requirements of subsection 13-601.4a2, 4 and 5.
Shall mean the slope of a road, path, driveway, swale or
other surface or the average finished ground elevation adjoining a
building at project completion.
Shall mean the professional occupation of a certified public
accountant, public accountant, registered municipal accountant, public
school accountant, architect, attorney, medical practitioner (defined
as: physician, dentist, podiatrist, chiropractor, registered nurse,
licensed practical nurse, optometrist, physician's assistant), landscape
architect, professional engineer, land surveyor, certified shorthand
reporter, professional planner, psychologist, marriage counselor,
physical therapist, audiologist or special language pathologist, only,
licensed by components of the State of New Jersey, Department of Law
and Public Safety, Division of Consumer Affairs or Supreme Court of
the State of New Jersey, and the same being conducted in a dwelling
unit, said use being subordinate to the dwelling unit's residential
use, provided that:
No person other than members of the household residing on the
premises plus one secretary or other assistant shall be engaged in
such occupation.
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to the use of the property for
residential purposes by its residents, and not more than 20% of the
floor area of the dwelling unit shall be used in the conduct of the
home office occupation.
There shall be no exterior evidence of the home office occupation
other than one unlighted nameplate attached to the building, not exceeding
one square foot in area and one free-standing sign identifying the
home occupation, not exceeding four square feet in area and set back
at least five (5') feet from all right-of-way lines and set back at
least fifteen (15') feet from all other property lines. Free-standing
signs shall not exceed four (4') feet in height.
The home office occupation shall not necessitate the need to
park two vehicles at any time in addition to those ordinarily used
by the residents of the home. Said vehicles shall be limited to automobiles
and must be parked off-street.
The applicant shall have applied for and received "minor" site
plan approval from the Planning Board in accordance with the applicable
requirements of this chapter.
Shall mean a building or group of buildings consisting of
individual sleeping units designed for transient travelers and not
for permanent residency, except that up to 3% of the total units may
be provided for the sole use of resident employees.
Shall mean one or more persons living together in one dwelling
unit on a nonseasonal basis and sharing living, sleeping, cooking
and sanitary facilities on a non-profit basis.
Shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. All houses of worship shall be subject to the regulations set forth in Section 13-525 of this chapter. Moreover, any house of worship with a gross floor area exceeding 3,900 square feet shall be a conditionally permitted use subject to compliance with those conditions set forth in subsection 13-601.10 of this chapter.
Shall mean any space, whether inside or outside a building,
used for the collection, storage, or abandonment of any waste or discarded
material, or the dismantling, demolition salvaging, resale or abandonment
of structures, automobiles or other vehicles, equipment, appliances
and machinery or parts thereof. Notwithstanding the foregoing, up
to two dismantled or inoperable motor vehicles may be stored on a
lot for up to 60 days to allow for the repair, refurbishing or dismantling
of said vehicles provided said vehicles are screened from the view
of adjoining lots.
Shall mean an off-street parking space or berth on the same
lot with a building or group of buildings for the temporary parking
of a commercial vehicle while loading or unloading.
Shall mean any sewerage authority created pursuant to the
"Sewer Authorities Law" (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the "Municipal and County Utilities
Authority Law" (N.J.S.A. 40:14B-1 et seq.); or any utility, authority,
commission, special district, or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the Revised
Statutes that provides gas, electricity, heat, power, water, or sewer
service to the Township of Bedminster or its residents.
Shall mean any parcel of land separated from other parcels
or portions as by a subdivision plat or deed record, survey map or
by metes and bounds, except that for purposes of this section, contiguous
undersized lots under one ownership shall be considered one lot and
further that no portion of an existing public street shall be included
in calculating a lot boundary or lot area.
Shall mean the area contained within the lot lines of a lot,
not including any portion of a street right-of-way.
Shall mean a lot on the junction of land abutting two or
more intersecting streets where the interior angle of intersection
does not exceed one hundred thirty-five (135°) degrees. Each corner
lot shall have two front yards, one side and one rear yard, the side
and rear yards to be designated at the time of application for a construction
permit; along with an access road to be designated at the time of
application for subdivision approval.
Shall mean the shortest horizontal distance between the front
lot line and a line drawn parallel to the front lot line through the
midpoint of the rear lot line.
 |
Shall mean the horizontal distance between the side lot lines
measured along the street line. The minimum lot frontage shall be
the same as the lot width except that on curved alignments with an
outside radius of less than five hundred (500') feet measured from
the centerline of the street, the minimum distance between the side
lot lines measured at the street line shall not be less than 75% of
the required minimum lot width unless a lesser frontage is specified
in this chapter. In the case of a comer lot, either street frontage
which meets the required frontage for that zone may be considered
the lot frontage.
Shall mean a lot other than a corner lot.
Shall mean the straight and horizontal distance between the
side lot lines at setback points on each side lot line measured an
equal distance from the street line. The minimum lot width shall be
measured at the minimum required building setback line. When side
lot lines are not parallel, the minimum lot width at the setback line
shall not be less than 75% of the minimum lot frontage for the zoning
district in which the lot is located unless a lesser width is specified
in this chapter.
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Shall mean any security which may be deemed acceptable to the township committee to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and in accordance with this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in subsection 13-902.2c of this chapter and cash.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been adopted by the Planning Board.
Shall mean the average of the ground level measurements computed
at the four extreme corner points of any proposed or existing building.
Shall mean an occupation in compliance with the following
criteria:
No persons other than members of the household residing on the
premises shall be engaged in such occupation.
The use of the dwelling unit for the modified home office occupation
shall be clearly incidental and subordinate to the use of the property
for residential purposes by its residents, and not more than 20% of
the floor area of the dwelling unit shall be used in the conduct of
the modified home office occupation.
There shall be no external evidence of the modified home office
occupation.
There shall be no auditory or exterior visual awareness of the
modified home office occupation to individuals in the neighborhood
in which the same is located.
The modified home office occupation shall not necessitate the
need for any additional parking at any time in addition to those vehicles
ordinarily used by the residents of the home.
No site plan approval is required for a modified home office
occupation use.
No signs or symbols of any type or size are permitted on the
exterior of the property from which the modified home office occupation
is conducted.
No machinery, equipment or process may be used which creates
noise, vibration, glare, fumes, odors or electrical interference detectable
outside the dwelling unit or which causes any interference with radio
or television reception by neighboring dwelling units or fluctuation
in line voltages beyond the premises.
Shall include the Planning Board, Board of Adjustment or
Township Committee, or any agency created by or responsible to one
or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1
et seq.
Shall mean a person who is domiciled in the Township.
Shall mean any outdoor self-service or coin-operated box,
container, storage unit or other dispenser installed, used or maintained
for the sale of newspapers or other news publications.
Shall mean a lot the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption, revisions or amendment.
Shall mean any building in which more than one room or an
area exceeding 400 square feet is used for the accommodation, reception
or treatment of the aged or sick who are residents therein, excluding
members of the resident family, and who are not related to the owner
or lessee of such building.
Shall mean located outside the lot lines of the lot in question
but within the property which is the subject of a development application
or the closest half of the street right-of-way abutting the property
of which the lot is a part.
Shall mean 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.
Shall mean located on the lot in question and excluding any
abutting street or right-of-way.
Shall mean located on the property which is the subject of
a development application or on the closest half of an abutting street
or right-of-way.
Shall mean any parcel or land area or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land, and provided further
that no portion of the required open space shall include any yard
or setback distance stipulated in this chapter and any street right-of-way.
Shall mean an incorporated non-profit organization operating
in a Planned Development under recorded land agreement through which:
(a) each occupied dwelling unit is automatically a member; (b) each
occupied dwelling unit is automatically subject to a charge for proportionate
share of expenses for the organization's activities and maintenance,
including any maintenance costs levied against the organization by
the Township; and (c) each owner and tenant has the right to use the
common property.
Shall mean any area of not less than nine (9') feet wide
by twenty (20') feet in length (9'x20'), either within a structure
or in the open, for the parking of motor vehicles, exclusive of driveways,
access drives, fire lanes and public rights-of-way, except that the
length of a parking space may be reduced to eighteen (18') feet in
length, subject to the approval of the Board in those instances where
a two (2') foot overhang area exists beyond a curb and where such
overhang does not interfere with any proposed and/or required landscaping.
Notwithstanding any other provision of this chapter, nothing shall
prohibit private driveways for detached dwelling units from being
considered off-street parking areas, except that no portion of such
private driveway within the right-of-way line of the street intersected
by such driveway shall be considered off-street parking areas. The
width and length of each space shall be measured perpendicular to
each other regardless of the angle of the parking space to the access
aisle or driveway.
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Shall mean any security, in accordance with the requirements of this chapter, which may be accepted in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, escrow agreements, and other similar collateral or security agreements, or letters of credit under the circumstances specified in subsection 13-902.2c of this chapter and cash.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean:
RESIDENTIAL CLUSTERShall 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; i.e., a multi-unit residential development in which structures are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development.
PLANNED UNIT DEVELOPMENTShall mean an area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, or commercial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENTShall mean an area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.
SINGLE FAMILY CLUSTERShall mean an area to be developed as a single entity according to a plan containing detached single family dwellings which have a common or public open space area as an appurtenance: i.e., a single family residential development in which individual lot sizes are less than would otherwise be permitted; in which the open space so saved remains an integral part of the development; and where the total number of single-family homes is approximately the same as the number which might otherwise be constructed upon the land if developed in a conventional, non-clustered format.
Shall mean a building or buildings which contain a principal
permitted use.
Shall mean the side of the structure which is most parallel
to the adjoining roadway. In the event the structure faces more than
one roadway, the principal facade may be the side facing either roadway.
In the event the structure faces a roadway and a common parking area
(i.e. utilized by more than one business, professional, commercial
or similar, nonresidential entity), the principal facade may be the
side facing either the roadway or the parking area. There shall only
be one principal facade per structure.
Shall mean the main purpose for which a lot or building is
used.
Shall mean land developments of more than 150 dwelling units
or 100,000 square feet of nonresidential building space or all major
subdivisions or major site plans within 500 feet of a municipal border
or critical natural resources like primary or secondary streams identified
in the Somerset County Open Space Plan, that may affect neighboring
jurisdictions.
Shall mean the use of land or buildings by the governing
body of the Township or any officially created authority or agency
thereof.
Shall mean any public utility regulated by the Board of Regulatory
Commissioners as defined pursuant to N.J.S.A. 48:2-13.
Shall mean visible from a public thoroughfare, public lands
or buildings or navigable waterways.
Shall mean the growing and harvesting of plant life and the
keeping of non-household animals for the enjoyment of the residents
on the property and not for commercial purposes, provided that a lot
of at least two acres in area is required for the keeping of one non-household
animal; one additional acre of land is required for each of three
additional non-household animals; and 1/2 additional acre of land
is required for each additional non-household animal thereafter.
Shall mean any establishment, where the food is served at
tables by the establishment's wait staff and where food is sold primarily
for consumption on the premises. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, playfield
or park, operated solely by the agency or group operating the residential
facility and for the convenience of patrons of the facility, shall
not be deemed a restaurant.
Shall mean any restaurant, refreshment stand, snack bar,
dairy bar, hamburger stand, hot dog stand or any similar facility
where food is purchased by patrons without entering the building,
regardless of whether or not seats are provided for customers inside
the building.
Shall mean any restaurant or similar facility where food
can be delivered to a customer by means of a drive-up window, and
where customers can order and/or pick up food while remaining in a
vehicle.
Shall mean (1) the further division or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved or recorded according to law or (2) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
Shall mean any apparatus or structure constructed or installed
out of doors with the purpose of receiving television or radio waves,
but excluding, however, conventional television antennas and satellite
dish antennas no more than thirty-six (36") inches in diameter.
Shall mean any building or part thereof which is designed, constructed, or used for educational or instruction in any branch of knowledge. All schools shall be subject to the regulations set forth in Section 13-525 of this chapter. Moreover, any school with a gross floor area exceeding 3,900 square feet shall be a conditionally permitted use subject to compliance with those conditions set forth in subsection 13-601.10 of this chapter.
Shall mean the geographic area (which may or may not extend
beyond municipal boundary lines) within which additional wireless
telecommunications facilities are required to provide reliable and
adequate coverage consistent with the licensing requirements of the
FCC.
Shall mean lands and buildings providing for the sale of
fuel, lubricants and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the extended storage of inoperable or wrecked vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
Shall mean a line drawn parallel with a street line or lot
line and drawn through the point of a building nearest to the streetline
or lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or lot line and
beyond which a building or part of a building is not permitted to
extend toward the street line or lot line.
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Shall mean a triangular area established in accordance with
the requirements of this chapter in which no grading, planting or
structure shall be erected or maintained more than twelve (12") inches
above the street centerline except for street signs, fire hydrants
and light standards.
Shall mean any building or structure or portion thereof on
which any announcement, declaration, demonstration, display, illumination
or insignia is used to advertise or promote the interest of any person
or products when the same is placed in view of the general public.
Shall mean an area of land under common ownership composed
of one or more lots adjoining one another.
Shall mean a development plan of one or more lots on which
is shown (1) the existing and proposed conditions of the lot, including
but not limited to topography, vegetation, drainage, flood plains,
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
concerning the adequacy of the plan in accordance with the requirements
of this chapter.
MINOR SITE PLANShall mean any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign, off-street parking area, or home office occupation, as such accessory uses are specifically permitted in Article 13-400 of this chapter, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by subsection 13-802.2 of this chapter and not accounting for more than 4,000 cubic feet of enclosed or roofed area; providing that such development plan does not involve a planned development, variances from the provisions of this chapter, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties.
MAJOR SITE PLANShall mean any development plan not classified as a minor site plan.
Shall mean a committee of at least three Planning Board members,
appointed by the Planning Board Chairman, with the approval of the
Board, for the purpose of reviewing the site plan applications prior
to action by the Board to determine whether such applications comply
with all Ordinance provisions and with other requirements relating
to site plans as may be conferred on the committee by the Board through
a motion duly adopted and recorded.
Shall mean the examination of the specific development plans
for a lot or tract of land. Whenever the term "site plan approval"
is used in this chapter, it shall be understood to mean a requirement
that the site plan be reviewed and approved by the Board.
Shall mean a system of solar photovoltaic modules, panels
or arrays for the production of electrical energy that:
Generates electrical power by converting solar radiation into
electricity;
Is located on the electric consumer's premises;
Is designed and intended primarily to offset part or all of
the electric consumer's on-site electric energy consumption; and
Is accessory, subordinate and incidental to the electric consumer's
principal use of the premises for other lawful purpose(s).
Shall mean that portion of a building included between the
surface of any floor and the ceiling next above it.
Shall mean any story having its finished floor surface entirely
above the average finished grade, except that a basement shall be
considered a story-above-grade when the finished surface of the floor
above the basement is more than six (6') feet above grade for more
than 50% of the total perimeter or more than twelve (12') feet at
any point.
Shall mean the space under a sloping roof that has the line
of intersection of the roof and wall face not more than three (3')
feet above the floor level and in which space the possible floor area
with head room of five (5') feet or less occupies at least 40% of
the total floor area of the story directly beneath. (See sketch annexed
hereto.)
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Shall mean the stream channel and all of the land on either
side of the stream channel which is within the 100-year floodplain
as delineated by the Federal Emergency Management Agency or the Flood
Hazard Area as delineated by the New Jersey Department of Environmental
Protection, or is a sloping area of 15% or greater that is contiguous
to the stream channel or 100-year floodplain/Flood Hazard Area. Stream
channels include permanent or intermittent watercourses shown on U.S.G.S.
quadrangle maps, and/or the Somerset County Soil Survey.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way (1) which is an existing State, County
or municipal roadway or (2) which is shown on a plat heretofore approved,
pursuant to law, or (3) which is approved by N.J.S.A. 40:55D-1 et
seq., or which is shown on a plat duly filed 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, shoulder, gutters, sidewalks, parking areas
and other areas within the street line, except for the purposes of
the setback, buffer and yard requirements of this chapter, Interstate
Highways I-287 and I-78 shall not be considered streets and their
right-of-way lines shall be considered lot lines. For purposes of
the paving design requirements of this chapter for and related to
streets, all "private roads" in planned developments shall be considered
streets.
Shall mean the edge of the existing or future street right-of-way,
whichever may result in the widest right-of-way, as shown on the adopted
Master Plan or official map, forming the dividing line between the
street and a lot.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels, or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
(1) divisions of land found by the Planning Board or subdivision committee
thereof to be for agricultural purposes where all resulting parcels
are five acres or larger in size, (2) divisions of property by testamentary
or interstate 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".
MINOR SUBDIVISIONShall mean the division of land containing an aggregate of not more than two lots (one new lot and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of township facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or official map and/or street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the township or to the appropriate government authority prior to classification as a minor subdivision; not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions of the Master Plan, official map, or this chapter; not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by the township within the current calendar year and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivision as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the ordinance of which this is a revision as shown on the Township Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
MAJOR SUBDIVISIONShall mean any division of land not classified as a minor subdivision.
Shall mean a committee of at least three Planning Board members,
appointed by the Planning Board Chairman, with the approval of the
Board, for the purpose of reviewing subdivision applications prior
to action by the Board to determine whether such applications comply
with all chapter provisions and with other requirements relating to
subdivisions as may be conferred on the committee by the Board through
a motion duly adopted and recorded.
Shall mean the examination of the specific subdivision plat
for a lot or tract of land. Wherever the term "subdivision approval"
is used in this chapter, it shall be understood to mean a requirement
that the subdivision plat be reviewed and approved by the Board.
Shall mean portable pools shall not be subject to the requirements
of this chapter and are those pools which are not otherwise permanently
installed; do not require water filtration, circulation and purification;
do not exceed a water surface of 100 square feet; and do not require
braces or supports.
Shall mean and include artificially constructed pools, whether
located above or below the ground, having a depth of more than eighteen
(18") inches and/or a water surface of 100 square feet or more; designed
and maintained for swimming and bathing purposes by an individual
for use by members of his household and guests and which is located
on a lot as an accessory use to a residential dwelling and shall include
all buildings, structures, equipment and appurtenances thereto.
Shall mean and include all pools associated with other than
detached single-family and two family dwellings. Commercial swimming
pools shall be further classified into types in accordance with their
particular use and shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute.
Shall mean those which:
Appear on the National list developed by the Department of the
Interior; or
Appear on the State list developed by the New Jersey Department
of Environmental Protection; or
Are designated in N.J.S.A. 23:2A-4 (The Endangered and Nongame
Species Conservation Act, State list of endangered species).
Shall mean Township of Bedminster, Somerset County, New Jersey.
Shall mean an area of land composed of one or more lots adjacent
to one another, having sufficient dimensions and area to make one
parcel of land meeting the requirements of this chapter for the use(s)
in-tended. The original land area may be divided by one existing public
street and still be considered one tract provided that the street
is not an arterial road and that a linear distance equal to more than
75% of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
Shall mean a departure from the terms of this chapter authorized
by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1,
et seq.
Shall mean any stream or surface water body with a drainage
area of 20 acres or more at the downstream property line. This term
shall not include swales or roadside ditches which convey only direct
runoff from storms or snow melting.
Shall mean a fenced-in area which houses any combination
of wireless telecommunications structures, buildings, antennas, equipment
and/or towers.
Shall mean buildings and/or structures and equipment for the delivery of wireless telecommunications except for satellite dish antennas which shall be regulated under Section 13-520 of this chapter. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities".
Shall mean a vertical structure used to support wireless
telecommunications antennas.
Shall mean an open space extending across the full width
of the lot and lying between the street line and the closest point
of any building on the lot. The depth of the front yard shall be measured
horizontally from a lot line drawn parallel or concentric to the centerline
of the street, said line being no closer at any point than thirty-three
(33') feet from the centerline of an arterial street; thirty (30')
feet from the centerline of a collector street; and twenty-five (25')
feet from the centerline of a local street.
Shall mean an open space extending across the full width
of the lot and lying between the rear lot line and the closest point
of the principal building on the lot. The depth of the rear yard shall
be measured horizontally and at right angles to either a straight
rear lot line or the tangent of curved rear lot lines.
Shall mean an open space extending from the front yard to
the rear yard and lying between each side lot line and the closest
point of the principal building on the lot. The width of the required
side yard shall be measured horizontally and at right angles to either
a straight line or the tangent lines of curved side lot lines.
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[1]
Editor's Note: See Plate I, Flood Plain Diagram, attached to this chapter.
