The chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals,
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic, and other natural
and manmade disasters;
To provide adequate light, air and open space;
To ensure that the development of the Borough of Ogdensburg
does not conflict with the development and general welfare of neighboring
municipalities, the County and State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational and commercial uses and
open space, both public and private, according to their respective
environmental requirement in order to meet the needs of all New Jersey
citizens;
To encourage the location and design of transportation routes
which will permit the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
To provide a desirable visual environment through creative development
techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land;
To protect the environmentally sensitive portions of the Borough;
To ensure that the infrastructure needs of the community are
met;
To maintain the small town character of the Borough;
To strengthen the ratable base of the community;
To further the goals and policies of the Master Plan of the
Borough of Ogdensburg.
[Ord. No. 7-12 § 1; Ord. No. 4-10; amended 3-8-2021 by Ord. No. 03-2021]
For the purpose of this section, 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 work "lot" includes the word "plot" and "premises;" the
word "building" includes the words "structure," "dwelling" or "residence;"
the word "shall" is mandatory and not discretionary; and the word
"may" is discretionary and not mandatory. Any word or term not defined
herein shall be used with a meaning as defined in Webster's New International
Dictionary of the English Language, unabridged and latest edition.
Moreover, whenever a term is used in this chapter which is defined
in this chapter, such term is intended to have the meaning as defined
in N.J.S.A. 40:55D-1 et seq.
ACCESSORY BUILDING, STRUCTURE OR USE
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, sheds, non-portable
swimming pools, guest houses and all roofed structures. Any accessory
building permanently, physically and structurally attached to the
principal building shall be considered part of the principal building.
ADMINISTRATIVE OFFICER
The Secretary of the Planning Board of the Borough of Ogdensburg,
Sussex County, New Jersey, unless a different municipal official is
designated by the Governing Body to administer certain of the responsibilities
and authorities specified for the administrative officer in N.J.S.A.
40:55D-1 et seq.
ADVERSE EFFECT
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on surrounding properties including, but not limited to,
inadequate drainage facilities, unsuitable street grades, street locations
that fail to compose a convenient system, and failure to provide or
make future allowance to access the interior portion of adjoining
lots or for other facilities required by this chapter.
AGRICULTURE
The cultivation of the ground, including the harvesting of
crops and the production of plants, fruits and vegetables. Specifically
excluded from this definition is the raising, breeding, housing, sale
or use of farm animals or insects. Also specifically excluded from
this definition is the cutting, lumbering or milling of any trees
12 feet in height or greater.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and which use communications that
radiate or capture electro-magnetic waves, digital signals, analogue
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
APPLICANT OR OWNER
The legal or beneficial owner or owners of a lot or of any
land to be 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.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to section 25 or section 27 of P.L.
1975, c. 291 (C. 40:55D-34 or C.40:55D-36).
AUTOMOTIVE REPAIR SERVICES
Establishments engaged in the repair of vehicles, including
the repair of mechanical systems and/or the repair of exterior and
interior body damage, as limited by the restrictions of the zone in
which the establishment is located.
[Added 5-13-2024 by Ord. No. 06-2024]
BASEMENT
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building. A basement shall be considered a "story" above grade
when the distance from grade to the finished surface of the floor
above the basement is more than six feet for more than 50% of the
total perimeter or more than 12 feet at any point.
BED AND BREAKFAST ESTABLISHMENT
A single building used for the primary purpose of providing
sleeping quarters and limited restaurant facilities to transient travelers,
and not for permanent residents (other than a resident owner, operator
or manager). A transient traveler is defined as one whose stay is
limited to seven consecutive days or less. Hotels and Motels as defined
by this chapter shall not be considered Bed and Breakfast Establishments.
BEDROOM
A room planned, used or designed primarily for sleeping.
Any room greater than 80 square feet in size, in addition to a kitchen,
dining room and living room, shall be considered a bedroom unless
the same can clearly and convincingly be shown not to be a bedroom.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes which structure is located
on a site other than the site to which the advertising relates.
BOROUGH
Borough of Ogdensburg, Sussex County
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance measured to the point from the lowest
elevation of the finished grade at the foundation along any side(s)
of the building. 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 within said footage.
CARTWAY
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
no curbs, the cartway is that portion between the edges of the paved
or graded width.
CELLAR
(See definition for basement)
CHILD CARE CENTER
A facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
less than 24 hours a day, and as further defined by N.J.S.A. 30:5B-3b,
as amended. This definition is specifically intended to exclude those
exclusions set in the foregoing statute, and "family day-care homes"
as defined by N.J.S.A. 40:55D-66.5b.
CLUB, SOCIAL
A private organization for social purposes in which the principal
use is in enclosed buildings; accessory facilities may be included
such as, but not limited to, tennis courts, pools and incidental eating
and social facilities.
CO-LOCATION
The use of a common wireless telecommunications tower or
a common structure, by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunication tower
on a structure owned or operated by utility or other public entity.
COMMERCIAL-RECREATIONAL
A use intended for exhibition to the public of exhibits and
displays of a scientific, historical or educational nature. Said use
may include ancillary commercial, retail and recreational facilities.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed intended for the use or enjoyment of
residents and owners of the development. Common open space may contain
such complimentary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, half-way houses,
intermediate care facilities, supervised apartment living arrangements,
and hotels. Such a residence shall not be considered a health care
facility, within the meaning of the "Health Care Facilities Planning
Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of
a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliate agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. "Developmentally Disabled Person" means
a person who is developmentally disabled as defined in Section 2 of
P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community
residence housing mentally ill persons, such residence shall have
been approved for a purchase of service contract or an affiliate agreement
pursuant to such procedures as shall be established by regulation
of the Division of Mental Health and Hospitals of the Department of
Human Services. "Developmentally Disabled Person" means a person who
is developmentally disabled as defined in Section 2 of P.L. 1977,
c.488 (N.J.S.A. 30:11B-2). "Mentally Ill Person" means a person who
is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,
but shall not include a person who has been committed after having
been found guilty of a criminal offense by reason of insanity or having
been found unfit to be tried on a criminal charge.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of contract and certified
pursuant to standards and procedures established by regulation of
the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A.
30-40-1-14) providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been victims of domestic violence, including any children
of such victims, who temporarily require shelter and assistance in
order to protect their physical or psychological welfare.
CONDITIONAL USE
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.
CONSERVATION EASEMENT
An interest in land less than fee simple absolute, stated
in the form of a right, restriction, easement, covenant of condition,
in any deed, will or other instrument (other than a lease), executed
by or on behalf of the owner of the land, 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.
DWELLINGS
[Amended 2-8-2021 by Ord. No. 02-2021]
APARTMENT - One or more rooms with private bath
and kitchen facilities comprising an independent, self-contained dwelling
unit with a building containing a retail, commercial professional
office use on the first floor and one or more dwelling units on the
floors above. [Added 2-8-2021 by Ord. No. 02-2021]
|
APARTMENT BUILDING - A building containing three
or more apartments, including units that are located one over the
other. [Added 2-8-2021 by Ord. No. 02-2021]
|
CONDOMINIUM - A form of ownership of real property
under a master deed, providing for ownership by one or more owners
of units of improvements, together with an undivided interest in common
elements appurtenant to each such unit and created and established
pursuant to the provisions of the New Jersey Condominium Act (N.J.S.A.
46:8(b)-1 et seq.).
|
CONDOMINIUM, FLAT - A building containing a single
living unit on each floor, with private bath and kitchen facilities
and having more than two such units within a single building.
|
DETACHED SINGLE-FAMILY - 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.
|
SEMI-DETACHED SINGLE FAMILY - 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.
|
TOWNHOUSE - One building containing at least three
connected dwelling units, where each dwelling unit is compatibly designed
in relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials, and other
features, singularly or in combination. Each dwelling unit may be
a maximum of 3 1/2 stories and 30 feet in height, but nothing
in the definition shall be construed to allow one dwelling unit over
another.
|
TWO-FAMILY - 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.
|
EASEMENT
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.
FAMILY DAY CARE HOME
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
a.
A child being cared for is legally related to the provider;
or
b.
The child is being cared for as part of a cooperative agreement
between parents for the care of their children by one or more of the
parents, where no payment for the care is being provided.
FLOOD HAZARD AREA
Land in the flood plain subject to a 1% or greater chance
of flood in any given area.
FLOODWAY
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 two-tenths
of a foot.
FLOOR AREA, GROSS (G.F.A.)
The plane projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section provided that
the area under any roof overhang of four feet or less and/or any under
roof parking area shall not be included in the G.F.A. calculation.
Basements which satisfy applicable construction definitions of habitable
space are included in the G.F.A.
FLOOR AREA, NET HABITABLE (N.H.F.A.)
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, utility (heating and cooling) rooms,
half-stories and unfinished attics and basements.
FOWL
Domesticated chickens (hens only, no roosters) or ducks kept
primarily for egg laying purposes.
[Added 3-8-2021 by Ord. No. 01-2021]
GRADE
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
HOME OCCUPATION
The non-primary use of a single-family residential dwelling
where a business activity for commercial gain is conducted by the
owner/occupant or any member of the household. The business activity
shall be within the confines of the dwelling unit or principal building.
The nature of the business activity shall be limited to those where
there are no regularly scheduled appointments for services to customers
and where there is no need for any off-street parking facilities that
would be caused by the generation of any additional traffic to and
from the property that would visibly impact on the neighborhood.
HOTELS AND MOTELS
A building or group of buildings consisting of individual
sleeping units, with individual sanitary facilities for each said
unit, which units are designed for transient travelers and not for
permanent residency. Hotels and Motels are a prohibited use in all
zones in the Borough of Ogdensburg.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit
on a non-seasonal basis and sharing living, sleeping, cooking and
sanitary facilities on a non-profit basis.
INDUSTRIAL USE
Industrial use of a type which carry on a process within
completely enclosed buildings including the manufacturing, processing,
fabrication or assembly of products or raw materials which do not
produce noticeable noise, vibrations, smoke, dust, odors, heat or
glare outside of the building. Specifically excluded from this definition
are the following uses: residential construction or conversion; auction
establishments; incineration reduction, storage or dumping of slaughter
refuse, rancid fats, garbage, trash, junk, dead animals or offal,
except by the municipality or its agents; retail sale of products,
outdoor or indoor; petroleum processing or storage of its derivatives,
blast furnaces, forges; sand and gravel pits; other extractive industries;
tar plants; mink or fox farms; piggeries; brothels; lumber milling
or processing.
JUNK YARD
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof. "Junk yards" are not permitted on any lands within
the Borough.
LIGHT INDUSTRIAL USES
Light industrial uses are industrial operations where the
manufacturing, finishing or assembly of the principal product does
not involve any change in the molecular structure of any ingredient,
and which does not produce noticeable noise, vibrations, smoke, dust,
odors, heat or glare outside of the building. Specifically excluded
from this definition are the following uses: residential construction;
auction establishments; incineration reduction, storage or dumping
of slaughterhouse refuse, rancid fats, garbage, trash, junk, dead
animals or offal, except by the municipality or their agents; retail
sales of products, outdoor or indoor; petroleum processing or storage
of its derivatives; blast furnaces; forges; sand and gravel pits;
other extractive industries; tar plants; mink or fox farms; piggeries;
brothels; lumber milling or processing; the rental of storage space,
whether enclosed or not, outside of any principal building.
LOADING SPACE
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.
LOT
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.
LOT AREA
The area contained within the lot lines of a lot, not including
any portion of a street right-of-way.
LOT CORNER
A lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have a front yard and side yards (in accordance with Section
30-602C.); and one rear yard, the said side and rear yards to be designated at the time of application for construction permit; along with an access road to be designated at the time of application approval.
LOT COVERAGE
That portion of the lot covered with impervious surfaces,
including but not limited to, all buildings, structures, parking and
driveways.
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the mid-point
of the rear lot line.
LOT DEPTH :
|
LOT FRONTAGE
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 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 corner lot, either street frontage which meets the required frontage
for that zone may be considered the lot frontage.
LOT WIDTH
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.
Where Side Lot Lines Not Parallel, Min. Lot Width Not Less Than
75% of Frontage Unless Otherwise Specified in This Ordinance.
|
Frontage on Curve Reduce to Not Less Than 75% Unless Otherwise
Specified in This Ordinance.
|
LOT FRONTAGE
LOT WIDTH
|
MAINTENANCE BOND
Any security acceptable to the Governing Body 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.
MASTER PLAN
A composite of the mapped and written plans, in accordance
with Municipal Land Use law, recommending the physical development
of the municipality which shall have been adopted by the Planning
Board.
MEAN ELEVATION
The average of the ground level measurements computed at
the four extreme corner points of any proposed or existing building.
MINING/QUARRYING
The removal of any material (i.e. rock, ore, soil or any
other mineral) from the surface or sub-surface of the land, other
than for on-site construction/excavation (where a permit to build
has been issued), where such material is removed from the site for
any purpose. Mining or quarrying is a prohibited use in all zoning
districts in the Borough of Ogdensburg.
MUNICIPAL AGENCY
The Planning Board or the Governing Body, 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.
NON-CONFORMING BUILDING OR STRUCTURES
A building or structure which in its location upon a lot
or in its size, does not conform to the regulations of this chapter
for the zone in which it is located.
NON-CONFORMING LOT
A lot of record which does not have the minimum size, width,
frontage or depth or contain the minimum area for the zone in which
it is located.
NON-CONFORMING USE
A use occupying a building, structure or lot which does not
conform with the use regulations for the zone in which it is located.
OFF-SITE
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
the street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way.
OPEN SPACE
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 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.
OUTDOOR FURNACE
Any equipment, device, appliance or apparatus, or any part
thereof, which is: (a) installed, affixed or situated outdoors; (b)
wood, biomass and/or pellet-fed; and (c) utilized for the purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source. This term includes but is not limited to wood boilers
PARKING SPACE
Any area of not less than nine feet wide by 20 feet in length,
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 18 feet in length, subject to the approval of the Board in those
instances where a two 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 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 measured perpendicular to each other regardless of the angle
of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTEE
Any security, in accordance with the requirements of this
chapter and as provided for by N.J.S.A. 40:55D-53, 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 surety agreements.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PLANNED BUILDING GROUP
Two or more structures constructed on a parcel of land under
the ownership, control or development by a single individual, corporation,
partnership or other entity. Farms and agricultural uses are specifically
excluded from this definition.
PLANNED DEVELOPMENT ORGANIZATION
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 Borough; and (c) each owner and tenant has the right to use the
common property.
PLANNED DEVELOPMENTS
PLANNED RESIDENTIAL DEVELOPMENT - An area to be
developed as a single entity according to a plan containing residential
clusters and including appropriate public or quasi-public uses, all
primarily for the benefit of the development.
|
RESIDENTIAL CLUSTER - 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.
|
PRINCIPAL USE
The primary purpose for which a lot or building is used.
PROFESSIONAL HOME OFFICE
The non-primary use of a residential dwelling for commercial
gain by a professional person. Professional person shall be defined
as a person who's occupation involves a liberal, scientific or artistic
education, primarily mental rather than manual labor, requiring licensing
to practice by any municipal, State or Federal government or agency.
This definition, by way of example, shall include medical and dental
practitioners, barbers and beauticians, attorneys, accountants, real
estate and insurance agents, engineers, land surveyors, architects,
and similar planning and design professionals.
PUBLIC PURPOSE USE
The use of land or buildings by the Governing Body of the
Borough or any officially created authority or agency thereof.
PUBLIC UTILITY USE
The use of equipment and/or structures including telephone
and electric lines, poles, water or gas pipes, mains or valves, sewer
pipes, and/or related accessory equipment, maintained, operated and
conducted for the service, convenience, necessity, health and welfare
of the general public, whether owned by any agency of the local, State
or Federal government or by any privately owned public utility, but
shall exclude dumps and sanitary landfills.
QUASI-PUBLIC USES
A non-profit public or private use such as a hospital, library,
club, lodge, or fraternal, civic, service or charitable organization.
RESTAURANT
Any establishment, however designated, at which 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.
RESTAURANT, DRIVE-IN AND/OR FAST FOOD
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served in disposable
containers and/or served primarily for consumption at counters, stools
or bars outside the building or primarily for consumption in automobiles,
whether brought to said automobiles by the customer or by an employee
of the restaurant either inside or outside the restaurant or through
a drive-up window, regardless of whether or not additional seats or
other accommodations are provided for customers inside the building.
SATELLITE DISH ANTENNA
Any apparatus or structure constructed or installed out of
doors with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennae.
SERVICE STATION
Lands and buildings providing for the sale of fuel, lubricant
and automotive accessories. Maintenance and 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, sale of new or used motor vehicles, parking
for a fee or other activity not specifically a part of the service
station use shall be permitted; except that the rental of up to three
motor vehicles shall be permitted as an accessory use.
SETBACK LINE
A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line 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. (See Appendix A
included as an attachment to this chapter).
SIGHT EASEMENT AT INTERSECTION
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 30 inches above the street centerline
except for street signs, fire hydrants and light standards.
SIGN
Any inscription written, printed, painted or otherwise, placed
on a board, plate, banner, or upon any material object or any device
whatsoever, which by reason of its form, color, wording, activity
or technique or otherwise, attracts attention to itself whether it
be used as a means of identification, advertisement or announcement.
As used in the section, the term shall apply only to such signs as
are visible and intelligible to persons located outside the building.
In addition to the foregoing, all signs shall conform to the provisions
of the Uniform Construction Code.
SITE PLAN
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, floodplains, 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 PLAN - 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 occupation, as such accessory uses are specifically permitted in Section 30-400 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 Section 30-802B 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, 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 PLAN - Any development plan not classified
as a minor site plan.
|
SITE PLAN REVIEW
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 in accordance with
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SITE PLAN/SUBDIVISION REVIEW SUBCOMMITTEE
A subcommittee of at least two, but up to three Planning
Board members appointed by the Planning Board Chairman. In addition,
the Chairman may also appoint any other individuals (not member of
the Planning Board) to the subcommittee, subject to an affirmative
vote of the Planning Board. The purpose of such subcommittee shall
be the reviewing of site plans and/or subdivision applications prior
to action by the Board to determine whether such applications comply
with all chapter provisions and with other requirements relating to
site plans and/or subdivisions as may be conferred on the subcommittee
by the Board through a motion duly adopted and recorded.
STEALTH TOWER STRUCTURE
Man-made trees, clock tower, bell steeples, light poles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennae or towers.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the surface between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of the
roof shall not be considered a ceiling; rather, the underside of the
highest horizontal surface separating the area above from the remainder
of the structure below shall be considered a ceiling. Moreover, cellars
and basements ordinarily shall not be considered stories when considering
the height of a building; provided, however, that finished basements
in nonresidential buildings shall be considered a story for purposes
of height, floor area and parking computations in accordance with
the requirements of this chapter. Finally, a half-story is the area
under a pitched roof at the top of a building, the floor of which
is at least four feet, but no more than six feet, below the plate;
and such half-story shall not be used for nonresidential uses.
STREET
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,
whether publicly or privately owned, or (3) which is approved by N.J.S.A.
40:55D-1 et seq., or (4) 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. For purposes
of the paving design and setback requirements of this chapter for
and related to streets, all "private roads" shall be considered "streets."
STREET LINE
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, and/or by the applicable requirements of this
chapter, forming the dividing line between the street and a lot.
STRUCTURE-BUILDING
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.
SUBDIVISION
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 intestate provisions, (3) divisions of property upon Court order
including, but not limited to judgments of foreclosure, (4) consolidation
of existing lots by deed or other recorded instrument and (5) the
conveyance of one or more adjoining lots, tracts or parcels of land,
owned by the same person or persons and all of which are found and
certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
MINOR SUBDIVISION - Any division of land containing
an aggregate of not more than three lots (two new lots and the remaining
parcel), each fronting on an existing public street or streets; not
involving any new street or the installation of any street improvements
or the extension of municipal 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 as applicable, shall be deeded to the Borough or the
appropriate governmental authority; not adversely affecting the development
of the remainder of the parcel or adjoining property; not being a
further division of an original tract of land for which previous minor
subdivision(s) have been approved by the Borough within the last past
two years and where the subdivision(s) constitutes a major subdivision;
and not being deficient in those details and specifications required
of minor subdivisions as specified in this chapter. The original tract
of land shall be considered any tract shown on the Borough Tax Maps.
Any readjustment of lot lines resulting in no new lots shall be classified
as a minor subdivision.
|
MAJOR SUBDIVISION - Any division of land not classified
as a minor subdivision.
|
SUBDIVISION REVIEW
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 in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SWIMMING POOL
A water-filled enclosure, whether permanently constructed
of the portable type, having a depth equal to or more than 24 inches,
designed, used and/or maintained for swimming or bathing purposes,
including any and all buildings, structures, equipment and appurtenances
thereto.
SWIMMING POOL, COMMERCIAL
Commercial swimming pools 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.
TAVERN
A commercial establishment duly licensed by the State of
New Jersey and the Borough of Ogdensburg to dispense and sell, on
site, alcoholic beverages, primarily for consumption on the premises.
TOWER SITE
The enclosed area in which the tower and its appurtenances
are located.
TRACT
An area of land composed of one or more lots and having sufficient
dimensions and area to make one land area meeting the requirements
of this chapter for the use intended.
VARIANCE
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.
WIRELESS TELECOMMUNICATIONS ANTENNAE
An antenna that transmits or receives radio frequency signals
for wireless telecommunications towers and the users of towers or
other structures.
WIRELESS TELECOMMUNICATIONS TOWER
A free-standing, vertical structure designed to support one
or more wireless telecommunications antennae. The height of the tower
shall not include a lightning rod.
YARD, FRONT
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. (See Appendix A
included as an attachment to this chapter).
YARD, REAR
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. (See Appendix A
included as an attachment to this chapter).
YARD, SIDE
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. (See Appendix
A, included as an attachment to this section).
[Added 3-8-2021 by Ord.
No. 03-2021]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A.
A county planning agency; or
B.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1, et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1, et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
A.
Treating stormwater runoff through infiltration into subsoil;
B.
Treating stormwater runoff through filtration by vegetation
or soil; or
C.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
An individual "development," as well as multiple developments
that individually or collectively result in The disturbance of one
or more acres of land since February 2, 2004;
Major development includes all developments that are part
of a common plan of development or sale (for example, phased residential
development) that collectively or individually result in the disturbance
of one or more acres of land since February 2, 2004. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this section. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this section. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this section,
provided the design engineer demonstrates to the municipality, in
accordance with § 30-502.4F and N.J.A.C. 7:8-5.2(g), that
the proposed measure and its design will contribute to achievement
of the design and performance standards established by this section.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this State and any state, interstate
or Federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the State, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
PUBLIC ROADWAY OR RAILROAD
A pathway for use by motor vehicles or trains that is intended
for public use and is constructed by, or on behalf of, a public transportation
entity. A public roadway or railroad does not include a roadway or
railroad constructed as part of a private development, regardless
of whether the roadway or railroad is ultimately to be dedicated to
and/or maintained by a governmental entity.
[Added 12-11-2023 by Ord. No. 15-2023]
PUBLIC TRANSPORTATION ENTITY
A Federal, State, county, or municipal government, an independent
State authority, or a statutorily authorized public-private partnership
program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.),
that performs a public roadway or railroad project that includes new
construction, expansion, reconstruction, or improvement of a public
roadway or railroad.
[Added 12-11-2023 by Ord. No. 15-2023]
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
A.
A net increase of impervious surface;
B.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
C.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
D.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.