[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.
AFFORDABLE HOUSING DEVELOPMENT
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]
BUILDING HEIGHT
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.
CHILD CARE CENTER
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.
COAH OR THE COUNCIL
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]
COMMERCIAL
Any nonresidential property or use.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
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.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
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.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
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.
COMMUNITY SHELTER FOR THE VICTIMS OF DOMESTIC VIOLENCE
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.
DEMOLITION
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]
DEVELOPER
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]
DEVELOPMENT FEE
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]
DRAINAGE RIGHT-OF-WAY
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.
EQUALIZED ASSESSED VALUE
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]
ESSENTIAL SERVICE
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.
FAMILY
A family is any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common
FAMILY DAY CARE HOME
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.
FARM
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.
FINAL APPROVAL
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.
GARAGE, PRIVATE
A private garage is a garage in which no business, service or industry connected with motor vehicles is carried on.
GREEN BUILDING STRATEGIES
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]
HOME OCCUPATION/OFFICE
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.
HOUSE OF WORSHIP
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
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.
JUNK YARD
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.
LIGHTING, EXTERIOR
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.
LOT
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.
LOT, CORNER
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.
LOT DEPTH
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.
LOT, INTERIOR
An interior lot is any lot other than a corner lot.
LOT WIDTH
The width of a lot is its mean width measured at right angles to its mean depth.
MASTER PLAN
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.
NONCONFORMING USE
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.
OFFICIAL MAP
A map adopted by ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
OWNER
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.
PERFORMANCE GUARANTY
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.
PERSON
Any individual, group of individuals, company, corporation, partnership, entity, organization or establishment of any sort.
PLAT
The map of a subdivision.
PLAT, PRELIMINARY
A map indicating the proposed layout of the subdivision which is submitted to the Planning Board for preliminary consideration and discussion.
PORCH, OPEN
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.
PRELIMINARY APPROVAL
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.
RESIDENTIAL
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.
SKETCH PLAN
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.
STORY
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.
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 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.
ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STREETS,
ARTERIAL Those which are used primarily for fast or heavy traffic.
STREETS, COLLECTOR
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, MARGINAL ACCESS
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
STREETS, MINOR
Those which are used primarily for access to the abutting properties.
SUBDIVIDER
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.
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 Ordinance if no new streets are created:
(1) 
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.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order, including but not limited to judgments or foreclosures.
(4) 
Consolidation of existing lots by deed or other recorded instrument.
(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 Map or Atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
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.
SUBDIVISION, MAJOR
All subdivisions not classified as a minor subdivision.
SUBDIVISION, MINOR
The division of a tract of land meeting one or more of the following conditions:
(1) 
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.
(2) 
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:
(a) 
Such lots are not in conflict with the Zoning Regulations, Master Plan or Official Map.
(b) 
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.
(c) 
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.
(d) 
Curbs, sidewalks and other improvements required in Article III and Article IV are either in existence or the lots are located in a developed area where such improvements would normally be installed by the Borough either as a general improvement or by assessment against benefiting property owners.
(e) 
The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
(f) 
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.
(g) 
The creation of the lots shall not adversely affect the uniform and comprehensive development of any remaining parcel of adjoining land in terms of:
[1] 
Suitable future road access and desirable future road and lot patterns.
[2] 
Future water and sanitary sewer utility installations and storm drainage improvements.
(h) 
The subdivision does not involve a planned development.
(i) 
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.
(j) 
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.
WIRELESS COMMUNICATION FACILITIES
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]
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.