The title of this chapter shall be: "A Comprehensive Land Development
Ordinance Setting Forth Development Procedures, Site Plan Review and
Subdivision Requirements for Land Use Development Within the Borough
of Woodstown and Prescribing Penalties for the Violation of the Provisions
of This Chapter."
This chapter shall be known and may be cited as the "Land Development
Ordinance of the Borough of Woodstown."
It is the general purpose of this chapter to encourage and guide
the appropriate use and development of all land and natural resources
within the Borough of Woodstown in a manner which will promote the
health, safety, morals and general welfare of the community and which
will further the following related and more specific objectives:
A.Â
To guide and regulate the orderly growth and development of the borough
in accordance with a comprehensive plan.
B.Â
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of the community
and the preservation and conservation of the natural environment and
natural resources.
C.Â
To protect the established character and the social and economic
well-being of the community.
D.Â
To provide sufficient space in appropriate locations for a variety
of land uses according to their respective environmental requirements.
E.Â
To promote the conservation of open space, prime agricultural lands
and other valuable natural resources and to prevent environmental
degradation through the improper use of land.
F.Â
To encourage the location and design of safe and efficient transportation
routes which will promote the free flow of traffic and pedestrians.
G.Â
To promote a desirable and attractive visual environment through
creative development techniques and good community design.
H.Â
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
A.Â
For the purposes of this chapter, the following rules of construction
shall apply:
(1)Â
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as, well as an individual.
(2)Â
Words used in the singular include the plural and vice versa.
(3)Â
Any word tense includes every tense of the word.
(4)Â
The word "shall" is mandatory; the word "may" is permissive.
(5)Â
The words "used" and "occupies" include the words "designed, intended
or arranged to be used or occupied."
(6)Â
The word "building" includes the word "structure," "dwelling" or
"residence" and includes "or any part thereof."
(7)Â
The word "lot" includes the words "plot," "premises" and "tract."
(8)Â
The word "zone" includes "district" and vice versa.
B.Â
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 said statute, unless specifically defined to the contrary in this
chapter.
C.Â
Any word or term not defined herein shall be used with a meaning
of standard usage.
Unless otherwise stated in context, the words and phrases set
forth in the following definitions shall have the meanings therein
indicated:
A use or structure located on the same lot as a principal
use or structure and which is customarily incidental and subordinate
to the principal use or structure.
The Zoning Officer of the Borough of Woodstown.
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or off-tract property, such as, but not limited
to, improper circulation and drainage rights-of-way, inadequate drainage
facilities, insufficient street widths, unsuitable street grades,
unsuitable street locations to accommodate prospective traffic or
to coordinate and compose a convenient system, locating lots in a
manner not adaptable for the intended purposes without danger to health
or safety, providing for lots of insufficient size and neither providing
nor making future allowance for access to the interior portion of
the lot or for other facilities required by this chapter.
Farming and related pursuits, not including the erection,
alteration, enlargement or reconstruction of a structure for residential
occupancy.
Any change in or additions to the supporting members of a
building, such as walls, beams, columns, guides, posts or piers.
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 or zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Borough of Woodstown Planning Board, unless a different
agency is designated by ordinance when acting pursuant to the authority
of N.J.S.A. 40:55D-1 et seq.
A story of a building that is partly underground which has
more than 1/2 its interior height, measured from the floor to finished
ceiling, below the average finished grade of the ground adjoining
the building.
An airport which can accommodate almost all single-engine
aircraft and most twin-engine aircraft of less than 8,000 pounds maximum
weight, as designated by the Division of Aeronautics of the New Jersey
Department of Transportation.
A room planned, designated or used primarily for sleeping.
The Borough of Woodstown, Salem County, New Jersey.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The aggregate area occupied by all buildings on a lot as
measured on a horizontal plane around the periphery of the facades,
and including the area under the roof of any structure not having
walls.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof,
to the deckline of a mansard roof and to the average height between
the plate and ridge of a gable, hip or gambrel roof.
The line parallel to the street at a distance therefrom equal
to the depth of the front yard required for the district under consideration.
A facility operated by a public, private or nonprofit organization
providing the natural setting upon which two or more campsites are
located, established or maintained for occupancy by camping units,
camp trailers or camp cars for periods of temporary occupancy by the
general public for recreational, educational or vacation purposes.
A document which shall be deemed to authorize and be required
for each occupancy and use of the building or the land to which it
applies and shall continue in effect only so long as such building
and the use thereof and the use of the land is in full conformity
with the provisions of this chapter and any requirements made pursuant
thereto.
The identifiable bed and banks of a stream which convey a
normal, constant or intermittent flow of a stream.
Any organization catering exclusively to members and their
guests or any organization for religious, vocational, civic or recreational
purposes which is not conducted for financial gain.
Cluster development is a development design technique that
permits a reduction in lot area and bulk requirements provided there
is no increase in the total number of lots permitted or increase in
the overall density of development; and the remaining land area is
devoted to open space, active recreation, or the preservation of environmentally
sensitive areas in a manner that is integrated with the overall site
design and broader municipal recreation and open space goals.
[Added 2-26-08 by Ord. No. 2008-1]
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.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for location or operation of such use contained
in this chapter and upon the issuance of an authorization thereof
by the Planning Board.
That percentage of the plot or lot area covered by all buildings
and impervious materials. Any area of a lot covered with porous materials
will not be included in the calculation of "coverage."
The number of dwelling units per acre of gross area of a
site.
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; any
mining, excavation or landfill; any use or change in the use of any
building or structure or land; or the extension of use of land for
which permission may be required pursuant to N.J.S.A. 40:55D-1 et
seq.
A limited property right assigned by deed or other legal
means permitting the use of a specified area for the installation
and maintenance of storm-water sewers or drainage ditches or the restriction
of areas along a natural stream or watercourse for preserving the
channel and providing for the flow of water therein to safeguard the
public against flood damage.
A building designed or used primarily for family residence.
The word "dwelling" shall not include boarding- or rooming houses,
hotels, motels or other structures de-signed or used for transient
purposes.
A building containing two or more dwelling units in accordance
with the provisions of this chapter.
A detached building used for one dwelling unit only.
The removal of sand, topsoil, gravel, fill dirt or mineral
or clay products for sale or use at another location, but not including
agricultural soil conservation works, excavations incidental to agricultural
operations or the process of grading as part of site preparation.
A written description and analysis of all probable direct and indirect effects a project will have upon the project's site as well as upon the surrounding area affected thereby, with particular reference to the effect of the project upon the public health, welfare and safety, the protection of public and private property and the preservation and enhancement of the natural environment. Further requirements are set forth in Part 3, Article XI.
[Added 3-9-87 by Ord. No. 379]
The detachment and movement of soil or rock fragments by
water, ice and gravity.
Structures and physical improvements, whether publicly or
privately owned, necessary to permit the orderly development of an
area, including such facilities as streets; water, sewerage, gas,
telephone and electric lines; supporting structures, such as manholes,
catch basins, pumping stations and solid waste collection stations;
and transformer stations and utility poles; but not including generating
or storage plants, processing stations, maintenance yards or administration
headquarters facilities, sanitary landfills, hazardous waste facilities
or facilities for treating, storing or disposing of wastes of any
kind.
Any number of persons living together in a single dwelling
unit, but not including more than six persons unrelated by blood,
marriage or adoption.
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The relatively flat area adjoining the channel of a natural
stream, drainage course or body of water which has been or may be
hereafter covered by floodwater.
The channel of a natural stream and portions of the floodplain
adjoining the channel which are required to carry and discharge the
floodwater or flood flow of any stream. Unless delineated under PLY
1972, c. 185,[1] the "floodway" is defined as the portion of the floodplain
lying within 50 feet of the adjacent channel edge of a natural stream
or within 25 feet from the edge of a lake or center line of any watercourse
other than a natural stream.
The sum of the horizontal areas of the several floors of
a building, excluding basement space, but including the area of permanently
roofed porches and permanently roofed terraces. All dimensions shall
be measured from the outside face of exterior walls or from the center
line of a party or common wall.
[Amended 5-11-2021 by Ord. No. 2021-9]
The portion of gross floor area assigned for human habitation
and fully enclosed by the inside surfaces of walls, windows, doors
and partitions, having a head room of at least six feet six inches,
including living, eating, cooking and other household space but excluding
garages, carports, porches, basements and unheated sheds. Attics or
portions thereof may be considered habitable floor area, provided
that they are finished for residential occupancy and meet the proper
height requirements.
[Amended 3-9-87 by Ord. No. 379]
A freestanding or attached building or an area included in
the principal building for utilization in the storage and maintenance
of one or more motor vehicles.
A multiple-family dwelling structure not more than two rooms
in depth or two and one-half (2%) stories in height, designed as part
of a residential project under single management, providing joint
or common use of open areas by occupants, whether for recreation,
parking or other purposes.
Any area of land, including the structures thereon, used
for the retail sale of petroleum products or sale of motor vehicle
accessories and services.
Any parcel of land that is used for the raising of agricultural
or horticultural products, livestock, poultry and their resulting
products and containing five or more acres, but excluding uses defined
as intensive fowl or livestock farms by this chapter.
[Amended 3-9-87 by Ord. No. 379]
A tract of land containing a full-size professional golf
course, together with appropriate accessory uses and structures such
as club house, restaurants, driving ranges and putting areas, provided
that the operation of such are incidental to the golf course operation.
[Amended 3-9-87 by Ord. No. 379]
The total area of the project as determined by the outside
dimensions of the property before unbuildable areas are calculated.
[Added 3-9-87 by Ord. No. 379]
Any waste or combination of wastes which poses a present
or potential threat to human health, living organisms or the environment,
including but not limited to waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive
or flammable, and any wastes so designated by the Occupational Safety
and Health Administration, the United States Department of Transportation,
the United States Environmental Protection Agency or the New Jersey
Department of Environmental Protection.
[Amended 3-9-87 by Ord. No. 379]
Any area, plant or other facility for the treatment, storage
or disposal of hazardous waste, including loading and transportation
facilities or equipment used in connection with the processing of
hazardous wastes.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the nation,
state or community and listed as such in the Borough Master Plan.
An occupation or profession which is clearly incidental to
the use of the lot and dwelling for residential purposes and which
complies with the standards and requirements of the Municipal Zoning
Ordinance[2] and is conducted solely by the residents of the structure.
[Amended 3-9-87 by Ord. No. 379]
Materials that do not permit the natural absorption and permeation
of soils by rain or other surface water, including but not limited
to concrete, asphalt, the chemical treatment of soils or artificial
ground covering.
That percentage of a lot or site covered by impervious materials,
which shall include facilities, such as swimming pools, tennis courts
and other recreational courts, as well as roads, walkways, patios,
driveways and parking areas to the extent that they are impervious.
Any farm shall be considered an intensive fowl or livestock
farm if it meets any one of the following standards:
The use of more than 1,000 square feet in the case of an
agricultural parcel or more than 200 square feet of the area of any
other lot for the storage, keeping, processing or abandonment of wastepaper,
rags, scrap metal or other discarded material or for the dismantling,
demolition or abandonment of automobiles or other vehicles, machinery
or parts thereof.
Any building or land parcel used for the commercial keeping
of dogs and/or household pets. The keeping of more than five such
adult animals on any one property shall be deemed to constitute a
"kennel."
See "earth extraction."
[Amended 3-9-87 by Ord. No. 379]
An off-street space not less than 12 feet in width and 60
feet in length and with 15 feet of vertical clearance available for
the loading or unloading of trucks.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the lot lines of a lot, excluding
any portions of a street right-of-way.
A lot on the junction of two or more intersecting streets
where the interior angles of the intersection do not exceed one hundred
thirty-five degrees (135°). Each "corner lot" shall have two front
yards, one side yard and one rear yard.
The mean horizontal distance between the front and rear lot
lines measured in the general direction of the side lot lines.
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 500 feet, the minimum distance between the side
lot lines measured at the street line shall not be less than 75% of
the required lot width. In the case of a corner lot, either street
frontage which meets the minimum frontage required for that zone may
be considered the lot frontage."[3]
The right-of-way of the street or road on which the lot fronts
or abuts.
A lot line other than a street line which is the lot line
farthest from the street.
Any line other than a front or rear lot line.
The horizontal distance between side lot lines measured at
the building setback line.
Housing that is affordable according to the Federal Department
of Housing and Urban Development or the standards published by COAH
for home ownership and rental costs, and occupied or reserved for
occupancy by households with a gross household income equal to 50%
or less of the median gross income for households of the same size
with the housing region in which the housing is located, and which
is subject to affordability controls promulgated by the COAH.
[Added 2-28-08 by Ord. No. 2008-1]
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements pursuant to the
provisions of this chapter.
Any site plan not classified as a minor site plan.
[Added 8-24-1992 by Ord.
No. 455]
Any division of land not classified as a minor subdivision.
Housing within an inclusionary development, not restricted
to low- and moderate-income households that may sell at any price
determined by a willing seller and a willing buyer.
[Added 2-28-08 by Ord. No. 2008-1]
A composite of the mapped and written proposals recommending
the physical development growth policy of the municipality which has
been duly adopted by the Planning Board.
Any farm building, other than a principal dwelling, which
complies with state migrant housing laws and this chapter, used for
temporary residence by farm laborers during the growing season.
[Added 8-24-1992 by Ord. No. 455; amended 5-11-2021 by Ord. No. 2021-9]
A site plan which meets all of the following requirements:
Less than 1,500 square feet of proposed newly constructed (rather
than replaced or renovated) gross floor area.
Fewer than five additional off-street parking spaces will be
required.
Less than 4,000 square feet of impervious materials coverage
will be added to the land, including but not limited to coverage by
required new parking spaces and new construction.
Less than 5,000 square feet of surface area of land will be
disturbed (using the definition of "disturbance" that appears in the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.).
The site plan will not be for earth extraction or land mining.
A subdivision of land that does not involve the creation
of more than two lots in addition to any one retained parcel, planned
development, any new street or the extension of any off-tract improvement.
In counting lots to determine whether or not a proposed subdivision
is a "minor subdivision," the following lots shall be counted:
All lots to be created by the proposed subdivision.
All lot(s) in excess of one that are to be retained by the subdivider.
No lots shall be counted twice, and in case of resubdivision,
any lot eliminated or replaced shall be deducted.
All lots created by prior subdivisions out of the original parcel
of contiguous land under common ownership as it existed on August
31, 1956.
Housing that is affordable according to Federal Department
of Housing and Urban Development or the standards published by COAH
for home ownership and rental costs, occupied or reserved for occupancy
by households with a gross household income in excess of 50% but less
than 80% of the median gross household income for households of the
same size within the housing region in which the housing is located,
and which is subject to the affordability controls promulgated by
COAH.
[Added 2-28-08 by Ord. No. 2008-1]
That area determined by the total dimensions of the property
less that portion that is determined to be unbuildable as the result
of streets, sidewalks or parking areas. For the purpose of calculating
the open space requirements for a particular development, that portion
of the development parcel determined to be in the Conservation District
shall not be deemed unbuildable to the extent that it is not used
for streets, sidewalks or parking areas.
[Amended 3-9-1987 by Ord.
No. 379]
A lot, of which the area, dimension or location, or a structure,
of which the size, dimension or lot location, or an activity or use
upon a lot or within a structure which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reasons of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application or located on a contiguous portion of
a street or right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining such open space, provided that improvements shall
be limited to those buildings, structures, streets, off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land.
A space off the street right-of-way, which, exclusive of
driveways and aisles giving access thereto, is not less than 10 feet
wide and 20 feet long if in an enclosed garage or not less than eight
and one-half (8%) feet wide by 19 feet long if in the open, and which
is available and accessible for the parking of a motor vehicle.
Any security which may be accepted by the municipality pursuant
to this chapter, provided that not more than 10% of the total "performance
guaranty" shall be required in cash.
Any use of land or buildings as permitted by this chapter.
PLANNED RESIDENTIAL DEVELOPMENTSee "cluster development."
PLANNED COMMERCIAL DEVELOPMENTAn area of a minimum contiguous acreage as specified by Part 3, Zoning, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and meeting the other standards specified in this chapter.
PLANNED INDUSTRIAL DEVELOPMENTAn area of a minimum contiguous acreage as defined by Part 3, Zoning, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant uses as may be permitted by this chapter.
The established Planning Board of the Borough of Woodstown.
A map or maps of a subdivision or site plan, and used interchangeably
with "plan" in this chapter.
The conferral of certain rights pursuant to the provisions
of this chapter prior to final approval after specific elements of
a development plan have been agreed upon by the Planning Board and
the applicant.
The main purpose for which a lot or building is used.
Any establishment, however designed, at which food is sold
for consumption on the premises. However, a snack bar or a refreshment
stand at a public or community swimming pool, playground, playfield
or park operated solely by the agency or group operating recreational
facilities and for the convenience of the patrons shall not be deemed
to be a "restaurant." "Restaurant" does not include take-out or drive-in
establishments which permit the consumption of food within motor vehicles.
Either the further division or relocation of lot lines of
any lots within a subdivision previously made and approved or recorded
according to law or the alteration of any street 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. The designation
of a subdivision as a "resubdivision" shall be determined on the basis
of the tract or parcel of land affected without regard to any change
in ownership.
The provision in the design of a land development allowing
for lots adjacent to an abutting existing road to front on an internal
street, without any direct access from the adjacent lots to the existing
road. (See Plate 5.[4])
The boundary lines of land used or intended for use as streets
and utilities and from which setbacks or front yard depths and lot
depths shall be measured. Where existing records are vague or show
a lesser dimension, they shall be considered to be not less than 50
feet apart, 25 feet from the center line thereof.
A permanent structure, together with its surrounding display
area and supporting off-street parking area, designed for the retail
sale of farm produce and located as an accessory use in accordance
with the provisions of this chapter. The intermittent sale of homegrown
produce as an accessory use not involving a building or structure,
not occupying more than 300 feet and not creating any undue traffic
hazards shall not be deemed to constitute a "roadside stand."
The land disposal site employing an engineered method of
disposal of waste other than hazardous waste in a manner that minimizes
environmental hazards. The term "sanitary landfill" as used in this
chapter, however, shall not include a hazardous waste facility of
any kind, nor shall hazardous waste of any kind be treated, stored
or disposed of at a "sanitary landfill."
[Amended 3-9-87 by Ord. No. 379]
A group of commercial establishments built on one tract that
is planned and developed as an operating unit; it provides on-site
parking in definite relationship to the type and total size of the
stores. The commercial establishments may be located in one or several
buildings, attached or separated.
A triangular-shaped area at the intersection of two roads
established in accordance with the requirements of this chapter in
which visual obstructions are permitted in order to promote traffic
safety. (See Plates 8 through 10.[5])
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia used to identify, advertise or promote the interest of any
person, business or product when the same is placed in view of the
general public.
Any sign or part of a sign that changes physical position,
light intensity, or colors and that requires electrical energy. This
definition does not include signs which indicate time, temperature,
or date.
[Added 2-26-13 by Ord. No. 2013-1]
A temporary sign constructed of cloth, canvas, plastic, or
other flexible material, typically suspended or hung by cord, string,
or rope from a structure.
[Added 2-26-13 by Ord. No. 2013-1]
The sign fastened to or painted on the wall of a building
or structure in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign and that
does not project more than 12 inches from such building or structure.
[Added 2-26-13 by Ord. No. 2013-1]
Any nonmovable sign not affixed to a building. Freestanding
signs include monument (ground) signs and pole (pylon) signs.
[Added 2-26-13 by Ord. No. 2013-1]
A sign lawfully erected and maintained prior to the adoption
of the current ordinance that does not conform with the requirements
of the current ordinance.
[Added 2-26-13 by Ord. No. 2013-1]
A sign or advertising display designed or intended to be
displayed for a limited period of time and that is not permanently
affixed to a building, structure, or the ground.
[Added 2-26-13 by Ord. No. 2013-1]
The entire face of a sign, including the advertising surface
and any framing, trim, or molding but not including the supporting
structure. Except where specifically prohibited, all signs may be
double-faced, and the maximum area restrictions shall apply to each
side of the sign. Where the sign is supported by a post or pylon whose
surface is being used for advertising purposes, the area of this post,
pylon or other supporting members shall be considered as part of the
total allowable sign area. Wherever the name or advertising message
on a sign is divided between a number of panels or parts, the total
area of all of the panels or parts shall be considered as one sign,
and where a sign consists of individual letters or numbers, the area
of the sign shall be considered as the total area of the smallest
rectangle or rectangles which can collectively enclose all of the
letters or numbers.
[Added 2-26-13 by Ord. No. 2013-1]
In the case of a freestanding sign, sign height is computed
from grade level to the greatest height at any one point in the sign.
[Added 2-26-13 by Ord. No. 2013-1]
A sign illuminated by or exposed to artificial lighting,
either by lights on or in the sign or directed to the sign.
[Added 2-26-13 by Ord. No. 2013-1]
EXTERNALIllumination of a sign that is affected by an artificial source of light not contained within the sign itself.
INTERNALA light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.
INDIRECTA source of external illumination, located away from the sign that lights the sign, but is not itself visible to persons viewing the sign from the adjacent street, sidewalk or property.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and 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.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities and includes all other waste materials, including
liquids disposed of incident thereto, except that it shall not include
solid animal and vegetable wastes collected by swine producers licensed
by the State Department of Agriculture to collect, prepare and feed
such wastes to swine on their own farms.
That portion of a building included between the surface of
any floor and the ceiling above it, provided that there is a clear
headroom of six feet six inches or more.
Any street, avenue, boulevard, road, parkway, drive or other
way which is an existing state, county or municipal roadway; is shown
on a plat heretofore approved pursuant to law; is approved by official
action as provided by N.J.S.A. 40:55D-1 et seq.; or is shown on a
plat duly filed and recorded in the office of the County Clerk prior
to the appointment of the Planning Board and the grant to the Board
of the power to review plats. The term "street" includes the land
between street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines. "Streets" and roads in the borough are classified
according to their function as follows:
[Amended 3-9-87 by Ord. No. 379]
MINOR ARTERIALA highway serving regional traffic movement as its primary purpose and only abutting property as a matter of course.
COUNTY MAJOR COLLECTORA county road of primary importance which is designed to supplement the arterial network. The purpose is to serve both regional and county needs by collecting local traffic and leading it to arterials and abutting property only as a matter of course.
COUNTY MINOR COLLECTORA county road of secondary importance which is designed to collect concentrated residential traffic and lead it to major collectors or the arterial network.
COUNTY-LOCAL ROAD or BOROUGH COLLECTORA county road which serves only local purposes, intended to be designed and treated as a borough through road. Both of these types of roads should be designed and are intended to provide access to adjacent property and to channel traffic from minor streets to the county collector system.
MINOR STREETA street designed and intended to serve abutting property as its primary purpose and to discourage all other traffic not generated by the development. Types of "minor streets" are as follows:
MARGINAL SERVICE STREETAn internal street running along the edge of a land development, allowing for several lots to have access to an adjoining existing road via a common access point defined by a buffer strip between the internal street and the adjoining existing road. (See Plate 6.[6])
CUL-DE-SACA minor land service street closed at one end, being no more than 750 feet in length and having an adequate vehicle turning area at the closed end.
LOOP STREETA through land service street serving a maximum of 20 residential units which begins and ends on the same existing or proposed road.
The right-of-way line of a street, road or other public right-of-way
used or intended for use by vehicular traffic.
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.
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:
divisions of land found by the Planning Board, or Subdivision Committee
thereof appointed by the Chairman, to be for agricultural purposes
where all resulting parcels are five acres or larger in size; division
of property by testamentary or intestate provisions; divisions of
property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument; the conveyance of one 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; and division of property for transfer
to an adjoining lot, tract or parcel that does not then conform to
applicable zoning area or yard requirements for the purpose of enabling
said adjoining lot, tract or parcel to conform to said zoning area
or yard requirements, provided that the area of the transferred parcel
is no larger than is reasonably necessary to enable said adjoining
lot, tract or parcel to so conform, and further provided that the
lot, tract or parcel of the transferor does not thereby become a nonconforming
lot, tract or parcel under applicable zoning requirements. The term
"subdivision" shall also include the term "resubdivision."
A public or privately owned pool open to the public on an
annual membership basis, having dressing rooms, off-street parking
and other appropriate accessory facilities.
A noncommercial, privately owned pool constituting an accessory
use to a residential unit or units and located on the same lot therewith.
A wading pool with a depth of less than 18 inches and portable swimming
devices located above ground level with an area of less than 125 square
feet and a water depth of less than three feet, temporary in character
and constructed of material other than concrete or masonry shall not
be deemed a "swimming pool."
A single-family two-story dwelling unit with two vertical
party walls shared with adjacent dwelling units or one party wall
if at the end of a group of dwelling units; having direct access to
the outside; provided with on-site vehicular access or parking or
designed as part of a residential cluster with shared access and parking;
and so laid out that each unit is susceptible to sale on an individual
lot.
Permission to depart from the literal requirements of Part 3, Zoning, or other development regulations specified in this chapter pursuant to N.J.S.A. 40:55D-1 et seq.
Any land area or use either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including
but not limited to the following: a lake, pond, canal, ditch, stream
or swale.
An open space on the same lot with the principal building,
unobstructed by buildings or structures from the ground to the sky,
except by fences, walls, poles and posts, or except as otherwise provided
in this chapter.
The yard extending across the entire width of the lot between
the street right-of-way line and the nearest part of the principal
building. The setback line shall be synonymous with the rearmost limit
of the required "front yard" area.
A yard extending across the rear of the lot between the inner
side-yard lines. The depth of a required "rear yard" shall be measured
in such a manner that the yard established is a strip of the minimum
depth required by district regulations with the setback line parallel
to the rear lot line.
A yard extending along the side lot line from the front yard
to the rear lot line. In the case of corner lots, there shall be only
one "side yard," adjacent to the interior lot line. The width of a
required "side yard" shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations
with the setback line parallel to the side lot line.
[1]
Editor's Note: See. N.J.S.A. 58:16A-50 et seq.
[2]
Editor"s Note: See Part 3. Zoning.
[3]
Editor's Note: See Plate 18 included as an attachment to this chapter..
[4]
Editor's Note: Plate 5 is included as an attachment to this chapter.
[5]
Editor's Note: Plates 8 through 10 are included as attachments to this chapter,
[6]
Editor's Note: Plate 6 is included as an attachment to this chapter.
