[Adopted 12-11-2000 by Ord. No. 2000-012]
An ordinance limiting and restricting to specified districts
and regulating therein buildings and structures according to their
construction and the nature and extent of their use and the use of
the land in the Borough of Millstone in the County of Somerset, State
of New Jersey, including the right to regulate and restrict the height,
number of stories, sizes of buildings and other structures, the percentage
of lot that may be occupied, the size of yards, courts and other open
spaces, the density of population and the location and use and extent
of use of buildings and structures and land for trade, industry, residence
or other purposes, and to establish rules, regulations and standards
to govern the subdivision of land within the Borough of Millstone,
including procedures to be followed by the Borough in applying and
administering these rules, regulations and standards, and also providing
for the administration and enforcement of the provisions herein contained
and fixing the penalties for the violation thereof.
The short form title by which this Ordinance shall be known
is "The Development Ordinance of the Borough of Millstone".
[Amended 7-3-2002 by Ord.
No. 2002-183, 12-19-2005 by Ord. No. 2005-005, 11-20-2006 by Ord. No. 2006-006, 1-20-2009 by Ord. No. 2008-009, 11-16-2009 by Ord.
No. 2009-010]
Certain words and phrases used in this Ordinance are defined
for the purposes hereof as follows:
General words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "lot" includes the word "plot;" the word "building" includes
the word "structure;" the word occupied includes the words "designed
or intended to be occupied" the word "used" includes the words "arranged,
designed or intended to be used." Any terms used in this Ordinance
which are not specifically defined shall have the meanings given to
those terms in any New Jersey State statute, administrative regulation
or code dealing with construction or building.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100 percent affordable development.
[Added 1-20-2009 by Ord.
No. 2008-009]
The height of a building is the vertical distance from the
mean natural level of the ground immediately adjacent to its base
to its highest point.
An establishment where tuition, fees, or other forms of compensation
for the care of the children is charged, and which is licensed to
operate as a child care center from the New Jersey Department of Human
Services and in all other ways meets the requirements as defined under
C.40:55D-66.6 of the New Jersey Municipal Land Use Law.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
[Added 12-19-2005 by Ord.
No. 2005-005; amended 1-20-2009 by Ord. No. 2008-009]
Any nonresidential property or use.
Any community residential facility licensed pursuant to P.L.
1977, c.448 (C.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, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
A community residential facility licensed pursuant to P.L.
1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal
guidance, under such supervision as required to not more than 15 persons
with head injuries, who require assistance, temporarily or permanently,
in order to live in the community, and shall include, but not be limited
to: group homes, halfway houses, supervised apartment living arrangements,
and hostels. A "person with a head injury" shall be defined as per
C.40:55D-66.2 (d) of the New Jersey Municipal Land Use Law.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L., c.337 (c.30:14-1
et seq.) providing food, shelter, medical care, legal assistance,
personal guidance, and other service 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.
The partial or total razing, dismantling, or destruction,
whether entirely or in significant part, of any building or structure.
Demolition includes the removal of a building or structure or object
from its site or the removal or destruction of the building façade
or surface.
[Added 11-16-2009 by Ord.
No. 2009-010]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
[Added 1-20-2009 by Ord.
No. 2008-009]
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
[Added 12-19-2005 by Ord.
No. 2005-005; amended 1-20-2009 by Ord. No. 2008-009]
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream of watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1A-1 et seq.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with sections 1,
5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54: 1-35c).
[Added 12-19-2005 by Ord.
No. 2005-005; amended 1-20-2009 by Ord. No. 2008-009]
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies, or privately
if approved by a municipal agency as part of development plan approval,
of underground gas, oil, electrical, telephone, steam, water or sewerage
transmission lines or systems, including water towers and underground
and/or surface equipment including but not limited to poles, wire,
mains, drains, sewer pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, light stanchions, telephone lines, hydrants,
with other similar equipment and accessories therewith, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located in furtherance of the public health, safety or general
welfare.
A family is any number of individuals living together as
a single housekeeping unit and using certain rooms and housekeeping
facilities in common
Private residence of a family day care provider which is
registered as a family day care home pursuant to the "Family Day Care
Provider Registration Act, P.L. 1987, c.27 (C.30:5B-16 et seq.) which
is a private residence approved by the Department of Children and
Families 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: (1) The child being cared for is legally related to the
provider; or (2) 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.
A plot of ground five acres or more in area devoted exclusively
to agricultural purposes. Said area of five acres or more shall be
inclusive of any area occupied by dwellings or accessory buildings
to such dwellings.
The official action of the Planning Board taken on a preliminarily
approved plat after all requirements, conditions, engineering plans
and other requirements have been completed and the required improvements
have been installed or bonds properly posted for their completion.
A private garage is a garage in which no business, service
or industry connected with motor vehicles is carried on.
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Added 1-20-2009 by Ord.
No. 2008-009]
A legal occupation conducted within a dwelling used as such,
and/or other existing buildings on a lot who's principal use
is for residential purposes, provided that the occupation is carried
on solely by the residents of such dwelling for financial or other
renumeration as a use clearly incidental to and secondary to the residential,
use of the dwelling for domestic housekeeping and further meets any
conditions required as per the Borough Development Ordinance regulating
such use.
A building that is used primarily as a place of assembly
by a bona fide religious group. Such building shall be situated upon
the property of a religious institution that is used for religious
worship and instruction.
[Added 11-20-2006 by Ord.
No. 2006-006]
Institutional uses are intended to include public and quasi
public nonprofit uses promoting the public good such as houses of
worship and related parsonage, schools teaching academic subjects
and libraries.
Any area of more than 200 square feet used for storage, keeping
or abandonment of junk, including scrap metals or other scrap material,
or for the dismantling, demolition or abandonment of structures, automobiles
or other vehicles, equipment and machinery or parts thereof, provided,
however that this definition shall not be deemed to include any of
the forgoing uses which are accessory and incidental to any agricultural
use permitted in any zone. The term "Junk Yard" as herein defined
includes automobile wrecking yards.
This term shall be interpreted and defined in its broadest
sense and shall include by way of example and not limitation: parking
lot lights, driveway lights, exterior floodlights, spotlights, freestanding
lights, security lights and lighted signs. Specifically excluded and
exempt from the requirements of this Ordinance are temporary holiday
lights.
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed or
built upon as a unit.
A corner lot is any lot at the junction of and fronting on
two or more intersecting streets, with an area and a frontage conforming
to the requirements prescribed for the respective zone hereinafter
created.
The depth of a lot is the mean distance between its mean
front street line and its mean rear line. The greater frontage on
a corner lot is its depth and its lesser frontage is its width.
An interior lot is any lot other than a corner lot.
The width of a lot is its mean width measured at right angles
to its mean depth.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A nonconforming use is one that does not comply with the
regulations of this Ordinance for the district in which it is located
at the time of the passage of this Ordinance.
A map adopted by ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
Any individual, firm, association, syndicate, co-partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this Ordinance.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat, including performance bonds, escrow
agreements and other similar collateral or surety agreements.
Any individual, group of individuals, company, corporation,
partnership, entity, organization or establishment of any sort.
The map of a subdivision.
A map indicating the proposed layout of the subdivision which
is submitted to the Planning Board for preliminary consideration and
discussion.
An open porch is a roofed piazza, or porch or porte-cochere
which projects beyond the main wall of a buildings into a required
yard.
The conferral of certain rights pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to final approval,
after specific elements of a development plan have been agreed upon
by the Planning Board and the applicant.
Any property or use utilized for or as a dwelling unit. In
the event of a property or use which contains both residential and
nonresidential uses, such property or use shall be considered commercial
for purposes of this Ordinance.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification.
A story is that portion of a building between a floor and
the ceiling next above. A story which extends less than four feet
above the ground surface at the building wall shall not be counted
in determining the number of stories.
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 upon a plat heretofore approved pursuant to
law, or (3) which is approved by official action as provided by the
Municipal Land Use Law, or (4) which is shown on a plat duly filed
and recorded in the office of the count recording officer prior to
the appointment of a planning board and the grant to such board of
the poser to review plats; and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, curbs, sidewalks, parking areas and other areas
within the street lines.
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ALLEYS - Minor ways which are used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
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CUL-DE-SAC - A street providing ingress and egress from and
to an area within the same right-of-way and commonly known as a "dead-end"
street.
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That line determining the limit of the highway rights of
the public, either existing or contemplated.
ARTERIAL Those which are used primarily for fast or heavy
traffic.
Those which carry traffic from minor streets to the major
system of arterial streets, including the principal entrance streets
of a residential development and streets for circulation within such
a development.
Streets which are parallel to and adjacent to arterial streets
and highways and which provide access to abutting properties and protection
from through traffic.
Those which are used primarily for access to the abutting
properties.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this Ordinance to effect a subdivision of land hereunder for
himself or for another.
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 Ordinance if no new streets are created:
Divisions of land if 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.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments or foreclosures.
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 Map or Atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this Ordinance, and having such
other duties relating to land subdivision as may be conferred on this
Committee by the Board.
All subdivisions not classified as a minor subdivision.
The division of a tract of land meeting one or more of the
following conditions:
The division of land for the purpose of enlarging an adjoining
lot, notwithstanding that such existing lot, together with the added
portion, still does not meet the requirements of the Zoning Regulations
or this Ordinance, wherein the remaining parcel is not in conflict
with the Zoning Regulations nor is its future use or development adversely
affected.
The division of a tract of land into not more than three lots,
including the remainder of the tract being subdivided, wherein all
such lots or parcels shall meet the following requirements:
Such lots are not in conflict with the Zoning Regulations, Master
Plan or Official Map.
All lots front on an existing street, as defined in this Ordinance,
which is of the width shown on the Master Plan and which is improved
sufficiently to meet all requirements of N.J.S.A. 40:55D-35 so that
a building permit could be issued to construct a building on each
lot.
No new streets or roads are involved. If the complete development
of the remaining lot or parcel, as permitted by the Zoning Regulations,
would require a new road or roads, subsequent subdivision of the remaining
lot or parcel shall be accepted only as a major subdivision.
The resulting lots are suitable for their intended purpose without
the necessity of making unusual changes in grades of the lots.
The creation of the lots shall not produce a drainage problem
or result in the necessity for drainage improvements or any other
type of off-tract improvement.
The creation of the lots shall not adversely affect the uniform
and comprehensive development of any remaining parcel of adjoining
land in terms of:
The subdivision does not involve a planned development.
The subdivision does not involve the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to N.J.S.A.
40:55D-42.
Notwithstanding the foregoing, not more than two lots plus a
remainder shall be created by minor subdivision. Subsequent subdivision
of the remaining lot or parcel within two years from the date of the
filing of the subdivision in the County Clerk's office shall
be accepted only as a major subdivision.
Facilities for the provision of wireless communication services
as defined in the Federal Telecommunications Act of 1996, including
cellular, personal communication services, specialized mobile radio,
enhanced specialized mobile radio, and paging commercial wireless
telecommunications services licensed by the FCC, but not including
amateur radio facilities owned and operated by a federally-licensed
amateur radio station operator or used exclusively for receiving-only
antennae, non-cellular telephone services, and parabolic satellite
antennae. Wireless communication facilities include, but are not limited
to, antennae, antennae support structures, monopole telecommunications
towers, and accessory facilities such as transmission equipment and
buildings and security fencing therefor.
[Added 7-3-2002 by Ord.
No. 2002-183]
A front yard is an open unoccupied space, within and extending
the full width of the lot between the street line and the parts of
the building setting back from the nearest such street line.
A rear yard is an open unoccupied space, within and extending
the full width of the lot between the rear walls of the building and
rear line of the lot.
A side yard is an open unoccupied space, within the lot between
a side lot line and the parts of the building nearest thereto. Such
side yard shall extend from the front yard to the rear yard.
