Definitions. The following definitions shall have the meanings indicated
below. In the event any such definition is different from the definition
given for the same word or term as contained in N.J.S.A. 40:55D-1
et seq., then the meaning contained in that statute shall prevail:
ACCESSORY BUILDING OR STRUCTURE
A building or structure which is subordinate to and detached
from the main building or structure on a lot and used for the purposes
customarily incidental to those of the main building or structure.
Any "accessory building" or "accessory structure" attached to the
principal building or structure shall be considered part of the principal
building.
ACCESSORY USE
A use or activity subordinate to the main use or activity
of land or of a building on a lot, or of a portion thereof, and customarily
incidental thereto.
ADJACENT PROPERTY
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land; provided, however, that
lots which are separated by a public street shall not be considered
adjacent.
ADMINISTRATIVE OFFICER
An individual appointed by the Mayor and Council, unless
otherwise stated or intended by this chapter, to administer certain
of the responsibilities and authorities specified for the administrative
officer pursuant to the New Jersey Municipal Land Use Law, 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 properties, such as inadequate drainage facilities,
unsuitable street grades, street locations that fail to compose a
convenient system and a failure to provide or make future allowances
for access to the interior portion of adjoining lots or for other
facilities required by this chapter.
AFFORDABLE HOUSING
Housing designated for low- and moderate-income households
such that after a 10% down payment, the monthly principal, interest,
taxes, insurance and condominium fees do not exceed 28% of the household's
eligible monthly income.
ALTERATION, STRUCTURAL
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
APPLICANT
A developer submitting an application for development or
any party seeking any form of relief from the Combined Planning Board
wherein the Board has jurisdiction to act upon the same. An Applicant
as defined herein, who is not the beneficial owner or owners of a
lot or other property which is the subject of an application for relief
filed before the combined Planning Board, must have the written consent
of the owner or owners of said subject property when filing an application
before the Combined Planning Board.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance or the submission requirements as set forth by the Combined
Planning Board for approval of a subdivision plat, site plan, residential
cluster, conditional use or zoning variance, or such other form of
relief as the Combined Planning Board has jurisdiction to grand pursuant
to N.J.S.A. 40:55D-1 et seq.
APPROVING AUTHORITY
The combined Planning Board, unless a different agency is
designated by ordinance when acting pursuant to the authority of this
chapter.
AUTOMOBILE WRECKING YARD
A junkyard primarily consisting of motor vehicles, trucks,
or other vehicles used for purposes of salvage, parts sales, dismantlement,
etc.
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height
below the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
BED-AND-BREAKFAST
A facility providing limited overnight accommodations with
a morning meal to transients for compensation.
[Added 11-30-2017 by Ord.
No. 2017-12]
BERM
A mound of earth usually at least three feet in height but
possible less upon approval of the Combined Planning Board, which
is used to shield and screen areas from view or to control the direction
of water.
BOARD
See Combined Planning Board
BOARDINGHOUSE
A dwelling of part thereof in which lodging is provided by
the owner or operator to more than three boarders. BOARDING HOUSE
shall be synonymous with the term "rooming house."
BUFFER
A landscaped strip of land planted with trees, shrubs, grass
or other ground cover, or other planted material, and/or fences, or
a use or structure from a street, or to shield or block noise, lights
and other nuisances.
BUILDING
A building is any structure which has enclosing walls, floor,
and roo9f, is affixed to the land and has one or more stories. A building
shall not include such structures as signage, fences, or structures
with interior surfaces not normally accessible to human use.
BUILDING COVERAGE/AREA
The horizontal area of a lot upon which the principal and
all accessory building are placed, typically expressed as a percentage
of total lot area.
BUILDING HEIGHT
A building's vertical measurement, from the mean level of
the finished grade abutting the building to the highest point of the
roof. In all cases where this chapter provides for height limitations
referenced to a specific height and a specified number of stories,
the intent is to limit the height to the specified maximum footage
and the specified maximum number of stories within said footage.
BUILDING LINE
The line parallel to the street line at which a residence
or other principal structure is to be built on a given lot at a distance
there-from, as required or permitted in the zoning district in which
the lot is located. In the case of a cantilevered section of a building
or residence, or where the face of a building or residential structure
is not flush, the vertical plane will coincide with the most projected
surface of the building and said plane shall constitute the line parallel
to the street line.
BUILDING SETBACK
A specified minimum distance that a building, or any part
of a building or structure, e.g. eaves, gutters, bay windows, fireplaces
and steps, must be placed in relation to a property line, creating
a yard area within which no buildings or parts of buildings may be
constructed.
CARTWAY
That area of a street within which vehicles are permitted,
including travel lanes and parking areas, but not including curbs,
sidewalks or swales.
CHANGE OF USE
Any use which is not substantially the same as the previous
use of a building, structure, property, lot or other land.
CHILD-CARE CENTER
Any home or facility, by whatever name known, which is maintained
for the care, development or supervision of six or more children under
13 years of age who attend for less than 24 hours a day. For a facility
that is located in a sponsor's home, the State of New Jersey, Department
of Human Services, or any future designated licensing agency, shall
not count the children residing in the sponsor's home in determining
whether the facility is serving the minimum number of children that
would require it to be a licensed as a center.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
CLASSIFICATION
The determination as to whether a plan is a major or a minor
subdivision and/or site plan.
COMBINED PLANNING BOARD
A nine member planning board with two alternates with the
additional powers granted a zoning board of adjustment pursuant to
N.J.S.A. 40:55D-25c.
COMMERCIAL ANTENNAE
Any combination of antennae support, accessory structure,
buildings and antennae, designed in whole or in part for the reception
and/or transmission of radio frequency energy as part of a licensed
radio, television or microwave facility employed for commercial use.
This term shall include such devices as are employed by nonprofit
or religious stations not licensed under amateur or CB regulations
of the Federal Communications Commission. Wireless Communications
Antennas are not to be construed as Commercial Antennae.
COMMERCIAL MESSAGE
Any sign, wording, logo, figure, symbol, color, illumination,
fixture, projection or other representation that, directly or indirectly,
names, advertises or calls attention to a business product, service
or other commercial activity.
COMMERCIAL VEHICLE
Any motor vehicle licensed by the state as a commercial vehicle,
or a vehicle qualifying as a commercial vehicle under the laws of
the State of New Jersey but which has not been properly licensed as
such.
COMMON FACILITIES
The facilities shall include but not be limited to facilities
for the common use of two or more dwelling units such as roads, sidewalks,
swimming pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OPEN SPACE
That open space shown on a recorded subdivision or site plan
for the common use of two or more dwelling units.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A 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 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. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, N.J.S.A. 26:2H-1 et seq.
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 no 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. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act, N.J.S.A. 26:2H-1 et seq. In the case of such community residence
housing mentally ill persons, such residence shall have been approved
for a purchase-of-service contract or an affiliation agreement pursuant
to such procedures as shall be established by regulation of the Division
of Mental Health and Hospitals of the State of New Jersey Department
of Human Services. See "developmentally disabled person" and "mentally
ill person."
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by the
New Jersey Department of Human Services pursuant to N.J.S.A. 30:14-1
through 30:14-14, providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons which
have been the 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.
CONCEPT PLAN
An informal presentation and attendant documentation of a
proposed subdivision or site plan which is without legal standing
but which is intended to allow the applicant to receive suggestions
from the Combined Planning Board or the Site Plan Review Committee
of said Board.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Combined Planning Board upon an application being
filed, and public hearing being heard, before the same.
CONTIGUOUS
Next to, abutting or touching and having at least some common
boundary line.
COUNTY MASTER PLAN
A composite of the master plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
COUNTY PLANNING BOARD
The Planning Board of Gloucester county, as defined in Section
1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
COVERAGE
See "building coverage/area" or "lot coverage."
CURB
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
"C" VARIANCE
A variance prescribed by and cognizable under N.J.S.A. 40:55D-70c.
DAYS
Calendar days, including weekend and holidays.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DENSITY FACILITY
A detention basin or alternative structure designed to temporarily
retain stormwater runoff.
DESIGN STANDARDS
The standards contained herein, which set forth the specifications
or required improvements.
DETENTION BASIN
An embankment and associated space for impoundment of water
or, alternately, the space for impoundment partially or entirely created
by excavation rather than by embankment, in either case designed to
temporarily retain stormwater runoff to impede its flow and to release
the same gradually, at a rate not greater than that prior to development
of the property, into natural or constructed outlets.
DEVELOPER
The legal or beneficial owner or owners of a lot or 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.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure 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 may be required
pursuant to this chapter. For purposes of stormwater management, "development"
is any site plan or subdivision plan proposing an activity that will
ultimately cover one or more acres of land with additional impervious
surfaces.
DEVELOPMENT REGULATION
A zoning, subdivision, site plan, official map or other regulation
and/or ordinance governing the use and activity of land, or any amendment
thereto, adopted and filed pursuant to this chapter.
DIRECT ILLUMINATION
A means of lighting a sign or other object by means of a
light source located within or directly upon the object to be lit.
DISTRICT
A part, zone or geographic area within the Borough of Wenonah
within which certain zoning or development regulations apply.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including the control of runoff to
minimize erosion and sedimentation during and after construction or
development; as a means necessary for water supply preservation or
prevention or alleviation of flooding; to ensure the adequacy of existing
and proposed culverts and bridges; to induce water recharge into the
ground where practical; to lessen nonpoint pollution; and to maintain
the integrity of stream channels for their biological functions as
well as for drainage.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainageways and other
utilities.
DRAINAGEWAY
Any natural or artificial watercourse, trench, ditch, swale
or similar depression into which surface water flows.
DRIVEWAY
A private roadway providing access for vehicles to a parking
space, garage, building, or other structure.
DUPLEX
See "dwelling, two-family."
DWELLING
(2)
TWO-FAMILYA building on a lot designed and occupied exclusively as a residence for two families.
(3)
MULTI-FAMILYA building on a lot designed and occupied exclusively as a residence for three or more families.
(4)
SINGLE-FAMILY ATTACHEDA building on a lot, designed and occupied exclusively as a residence, which has one or more party walls in common with adjacent buildings.
"D" VARIANCE
A variance prescribed by, or cognizable under, N.J.S.A. 40:55D-70d.
EASEMENT
A grant of one or more of the property rights of a property
owner to and/for the use of the public, a corporation, or another
person, property owner or entity.
ELEVATION
A vertical distance above or below a fixed reference level,
or a flat scale drawing of the front, rear or side of a building.
ENCROACHMENT
Any building, structure or obstruction in or on a delineated
floodway, right-of-way, or adjacent land.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EXISTING USE
The use of a lot or structure at the time of the enactment
of the Wenonah Land Use Ordinance.
FAÇADE
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
FAMILY
Any number of persons living together as a single housekeeping
unit.
FAMILY DAY-CARE HOME
An accessory use provided in a private residence of a family
day-care provider which is registered with an approved by the New
Jersey Division of Youth and Family Services or an organization with
which the division contracts for family day care as a family day-care
home, pursuant to the Family Day Care Provider Registration Act, P.L.
1987, c. 27 (N.J.S.A. 30:5B-16 et seq.) A family day-care home is
an accessory use, shall be considered a home occupation and shall
not be subject to more stringent restrictions than exist or apply
to all other home occupations in the particular residential zone in
which it is located. The child-care services regularly provided in
a family day-care home serve no less than three nor more than five
children for a period of time of no less than 15 hours per week nor
more than 18 hours within a single day. The limitation on the number
of children for whom day-care service is provided shall not include
children who are legally related to the service provider or who are
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. See also the definition
of "child-care center."
FENCE
A structure usually made of posts, bricks, boards, rails,
wrought iron, etc., and serving as an enclosure, barrier or boundary,
including walls or screens, which are man-made. Excluded from the
definition of "fences" are temporary planting enclosures intended
for weather protection.
FINAL APPROVAL
The official action of the Combined Planning Board taken
on a preliminarily approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
FINAL PLAT
The map or maps of a subdivision application for which final
approval is sought pursuant to this chapter.
FINISHED ELEVATION
The elevation of the land surface of a site after completion
of all site preparation work.
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
The floodway and flood fringe areas determined or delineated
by the Department of Environmental Protection, under Section 3 of
the Flood Hazard Area Control Act (P.L. 1979, c. 359).
FLOODPLAIN
The channel and relatively flat area adjoining the channel
of a natural stream or river, which has been or may be covered by
floodwater. For purposes of stormwater management, "floodplain" shall
mean the flood hazard areas of delineated streams and areas inundated
by the 100-year flood in nondelineated areas.
FLOODWAY
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of such stream
or river.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
intended for occupancy compared to the total area of the site.
FRESHWATER WETLANDS
An area that is inundated or saturated by surface water or
groundwater 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; provided, however, that the delineation
of the "wetlands" shall use the three parameter approach (that is,
hydrology, soils and vegetation) which is acceptable to the New Jersey
Department of Environmental Protection and Energy or the United States
Army Corps of Engineers, whichever shall have primary jurisdiction.
FRONTAGE
The lineal measure of the distance of the property line of
a lot on which a residence or principal structure generally faces
or, in the case of a vacation lot, the lineal measure of the distance
of the property line of a lot on which a proposed residence or principal
will face, as measured by the full width of said lot and running parallel
to (abutting) a street line or right-of-way.
GARAGE
A building or structure or part thereof used or intended
to be used for the parking and storage of vehicles.
GRADE
The degree of rise or descent of a sloping surface.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than 6.5 feet.
GROUND COVER
Grasses or other plants grown to keep soil from eroding.
HAM RADIO/CITIZENS BAND ANTENNA
Any antenna erected and used in concert with amateur communications
equipment utilizing HF, VHF and/or UHF bands, as permitted and licensed
by the Federal Communications Commission, and as further regulated
in this chapter.
HOME OCCUPATION, MAJOR
A lawful economic activity constituting, either partially
or wholly, the livelihood of a person, which is conducted as an accessory
use in that person's principal residence and permitted conditionally
upon approval of the Combined Planning Board, only when such activity
conforms to the specific standards of this chapter.
HOME OCCUPATION, MINOR
A lawful economic activity constituting, either partially
or wholly, the livelihood of a person, which is conducted as an accessory
use in that person's principal residence and conforms to the specific
standards of this chapter, as found in residential districts.
IMPERVIOUS COVERAGE
Any material which prevents the absorption of stormwater
and reduces the percolation rate of previously undeveloped land to
less than one inch in 120 minutes.
IMPERVIOUS SURFACE
Any material which reduces and/or prevents the absorption
of stormwater into previously undeveloped land. This includes buildings,
driveways, sidewalks, swimming pools, and similar surfaces.
INFILTRATION BASIN
A detention facility designed to infiltrate retained water
to the subsurface and which is not an injection well.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the Borough, whose
right to use, acquire, or enjoy property under this chapter, or under
any other law of the State of New Jersey or of the United States,
has been denied, violated or infringed by an action or a failure to
act under this chapter.
JUNK YARD
Any area or structure used or intended to be used for the
operation of a business of selling, buying, storing, dismantling,
or trading in used and discarded metal, glass, paper, cordage, vehicles,
machinery, used or disabled fixtures, or equipment of any kind.
LAND
The ground and improvements and fixtures on, above or below
the surface of the ground.
LANDSCAPE
The addition or retention of lawns, trees, plants and other
natural and decorative features to the land.
LOT
A designated parcel, tractor area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. Contiguous "undersized" lots under the same
ownership shall be considered as merged into one lot. No portion of
an existing public street shall be included in calculating a lot boundary
or lot area.
LOT AREA
The total square footage of land within the lot lines of
a lot, exclusive of any area within a street right-of-way. The "minimum
lot area" shall be the smallest lot area established within this chapter
on which a use, or upon which a building, residence or other structure,
may be located in a particular zone.
LOT COVERAGE
That portion of the lot that is covered by buildings and
structures.
LOT DEPTH
The distance measured from the front lot line to the rear
lot line.
LOT LINE (REAR)
The line opposite and most distant from the front lot line.
In the case of a corner lot, the rear lot line shall be that line
which is directly opposite the shortest of the two front lot lines.
Where both front lot lines are equal in length, the landowner may
choose which line shall be considered the rear lot line. In the case
of a triangular or otherwise irregularly shaped lot, a line 10 feet
in length entirely within the lot, parallel to and at a maximum distance
from the front lot line.
LOT WIDTH
The length of a line at right angles to the axis of the lot
at a distance equal to the minimum required building setback line
for the district in which the lot is located. The axis of a lot shall
be a line joining the midpoints of the front and rear lot lines.
LOT, CORNER
A lot bounded on at least two sides by streets, whenever
the lines of such streets, extended, form an interior angle of 135°
or less. Corner lots shall be recognized as having two front yards,
one rear yard, and one side yard, all of which shall be subject to
the respective setback requirements of that zone.
LOW-INCOME HOUSEHOLD
A household with a gross annual income of 50% or less than
the median household income in the county, adjusted for family size.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, i.e.,
involving three or more lots and/or the other limitations as set forth
in the definition below.
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 N.J.S.A. 40:55D-28.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness, as defined
in N.J.S.A. 30:4-27.2, but not including a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
MINOR SITE PLAN
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of P.L. 1975, c. 291, N.J.S.A.
40:55D-42; and contains the information reasonable required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
MINOR SUBDIVISION
A subdivision of land containing not more than two lots and
which does not involve: 1) the creation of more than the maximum number
of lots specifically permitted by ordinance as a minor subdivision;
2) planned development; 3) any new street; or 4) extension of any
off-tract improvement.
MODERATE-INCOME HOUSEHOLD
A household with a gross annual income equal to or less than
80% and greater than 50% of the median household income in the county,
adjusted for family size.
MOTOR VEHICLE SERVICE STATION
Any building, land area, or portion thereof used or intended
to be used for the retail dispensing or sale of vehicular fuels, minor
mechanical repair, and the retail sale or installation of automobile
parts and accessories, but not including automobile body shop, painting,
or welding, or similar major repairs.
MUNICIPAL AGENCY
The Combined Planning Board and/or the Mayor and Council
of the Borough of Wenonah.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
NONCONFORMING LOT
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include, but not be limited
to, pollutants from agricultural, silviculture mining, construction,
subsurface disposal and urban runoff sources.
NUISANCE
An interference with the enjoyment and use of a property.
OFF SITE
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application, or the closest half of the street right-of-way
abutting the property of which the lot is a part.
OFF TRACT
Not located on a property which is the subject of a development
application, or on a contiguous portion of a street or right-of-way.
OFFICIAL MAP
A map adopted by ordinance of the governing body pursuant
to Article 5 of P.L. 1975, Chapter 291 (N.J.S.A. 40:55D-32 et seq.)
showing the location and width of streets, drainage ways, easements,
or other existing or proposed public improvements.
ON SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
ON TRACT
Located on a property which is the subject of a development
application, or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use and enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
OVERHANG
The part of a roof or wall which extends beyond the face
of a lower wall; or the portion of a vehicle beyond the wheel stops
or curb.
OWNER
Any individual, firm, association, syndicate, co-partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed to commence and maintain proceedings
to subdivide or develop the same under this chapter.
PARKING SPACE, OFF-STREET
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and which is not located on a dedicated
street right-of-way. An area either within a structure or in the open,
exclusive of driveways, access drives and fire lanes, except that
nothing shall prohibit private driveways for dwelling units from being
considered as off-street parking areas, provided that no portion of
such public driveway within the right-of-way line of the street intersected
by such driveway shall be considered an "off-street parking space."
PAVEMENT
Brick stone concrete or asphalt placed on the surface of
the land; or that part of a street having an improved surface.
"PERC" or PERCOLATION TEST
A rough test designed to determine the ability of ground
to absorb water, which is used to test, among other matters, the suitability
of a soil for the use and design of a septic system.
PERFORMANCE GUARANTEE
A security, in accordance with the requirements of this chapter,
which may be accepted in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements, provided that the
Borough shall not require more than 10% of the total performance guarantee
in cash.
PERMIT
A written and signed license, warrant, or other document
issued by a person in authority, empowering the grantee to do some
act not forbidden by law pursuant to this chapter, but not otherwise
allowable without such authority. Any permit issued outside the ambit
of authority of the issuing person, or where issued due to mistake
or on reliance of inaccurate or fraudulent information rendered by
the grantee, shall be considered null and void.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PERSON
A corporation, company, associates, society, firm, partnership,
or joint stock company, as well as an individual, a state, and all
political subdivisions of a state or any agency or instrumentality
thereof.
PERSON WITH HEAD INJURY
Any person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater.
PLACE OF RELIGIOUS WORSHIP
A building or structure or groups of buildings or structures
which, by design and construction, are primarily intended for the
conducting of religious services and accessory uses associated therewith.
PLAT
The map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Combined Planning Board.
PRELIMINARY PLAT OR SITE PLAN
The preliminary map indicating the proposed layout of a subdivision
or site plan which is being submitted for consideration and preliminary
approval.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the
lot or other property on which it is located.
PRINCIPAL USE
The main purpose for which a lot or other piece of property,
or a structure or building, is used.
PRIVATE GARAGE
An accessory building used for the storage of motor vehicles
which may include one commercial vehicle owned and used by the owner
or tenant of the premises, and for the storage of not more than two
private, noncommercial vehicles owned and used by persons other than
the owner or tenant of the premises.
PROFESSIONAL OFFICE
A building for the conduct of business for a physician, dentist
or other licensed practitioner of the healing arts or an engineer,
architect, planner, lawyer, private consulting business, or a member
of a recognized professional occupation as so designated in Title
45 of the New Jersey Statutes Annotated. Specifically excluded from
the definition of a professional occupation entitled to use of an
office in a professional office zone is a barber, artist, beautician,
musician, plumber, electrician, or a carpenter, laborer, or such similar
occupations where formal state licensing and/or certification is not
required.
PUBLIC AREAS
(1)
Public parks, playgrounds, trails, paths and other recreational
areas;
(2)
Other public open spaces;
(3)
Scenic and historic sites; and
(4)
Sites for schools and other public buildings and structures.
PUBLIC GARAGE
A building not a private garage used for the storage, repair
or servicing of motor vehicles of any type of ownership.
PUBLIC PURPOSE USE
The use of land or buildings by the Borough Council or other
officially created authority or agency of government.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RADIO ANTENNAS
Antennas used for the reception of radio frequency transmissions of the type used in noncommercial applications and as further regulated in §
72-711Q herein.
RE-SUBDIVISION
(1) The further division or relocation of lot lines of any
lot or lots within a subdivision previously made and approved or recorded
according to law, or (2) the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RECHARGE
The replenishment of underground water reserves.
RECREATION, ACTIVE
Leisure-time activities, usually of a more formal or organized
nature and performed with others, often requiring equipment and taking
place at prescribed places, sites or fields.
RESTAURANT
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building. A
snack bar or refreshment stand at a public or community swimming pool,
playground, playfield, or park, operated solely by an agency or group,
be it governmental or nonprofit, operating the recreational facility
and for the conveniences of the patrons of such facility, shall not
be deemed a "restaurant" for the zoning purposes of this chapter.
RETAINING WALL
A structure erected between lands of different elevation
to protect structures and/or to prevent the erosion of earth from
the upper slope.
RETENTION BASIN (POND)
A constructed or natural water collector used for the permanent
storage of water runoff.
REZONE
To change the zoning classification of particular lots, parcels
of land, or sections of the Borough of Wenonah.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced
dedication, proscription, or condemnation, and intended to be occupied
or actually occupied by a road, sidewalk, railroad, electric transmission
line, oil or gas pipeline, waterline, sanitary storm sewer, or other
similar uses.
SATELLITE DISH ANTENNA
A structure designated and intended for use in the reception
of radio and television communications, which are relayed by means
of an earth satellite. A satellite dish antenna is not a "wireless
communications antenna" as set forth in this chapter.
SCHOOL
Any building or part thereof which is designed, constructed
or used for education or instruction in any formal branch of knowledge.
SCHOOL, ELEMENTARY
Any school licensed by the State of New Jersey and which
meets the state requirements for elementary education.
SCHOOL, PRIVATE
Any building or groups of buildings the use of which meets
state requirements for the primary, secondary or higher education
and which use does not secure the major part of its funding from any
governmental agency or source.
SCREENING
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
SEDIMENTATION
The disposition of silt that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SETBACK
The perpendicular distance between a right-of-way (street)
line or property line and the closest point of any building, structure
or other improvement as specified by this chapter. In the case of
a curved right-of-way (street) line and/or property line, the setback
shall be measured horizontally and at right angles to the tangent
lines of said right-of-way (street) line and/or property line.
SETBACK LINE
A line drawn parallel to a street line or a lot line that
is equal to the plan of a building or structure nearest to the street
line or lot line. The term "required setback" means a line that is
established a horizontal distance from the street line or lot line,
within which a building or structure, or a part of a building or structure,
is not permitted.
SIDEWALK
A paved or surfaced area, paralleling and usually separated
from the street, used as a pedestrian walkway.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGN
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, produce, service, event, location, expression
of an idea, statement, support of a political candidate or referendum
question by any means, including words, letters, figures, design,
symbols, fixtures, colors, illumination, or projected images.
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 necessarily limited to, topography, vegetation, drainage, floodplains,
marches 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; 3) any other information that
may be reasonably required in order to make an informed determination
pursuant to this chapter.
SITE PLAN REVIEW
The examination of a specific development plat for a lot
or tract of land. Whenever the term "site plan approval" is used in
this chapter, it shall be understood to require that a site plan receive
formal review and approval by the Combined Planning Board upon application
thereto. Nothing herein, however, shall prevent an applicant from
first receiving an informal review of a site plan before the Site
Plan Review Committee of the Combined Planning Board, either upon
the request of an applicant or by direction of the Combined Planning
Board.
SITE PLAN, MINOR
A site plan of one or more lots which:
(1)
Does not propose a new building in excess of 5,000 gross square
feet.
(2)
Does not propose an addition in excess of 5,000 gross square
feet.
(3)
Does not disturb more than 5,000 square feet of land area.
(4)
Requires 10 or fewer off-street parking spaces.
(5)
Is not a planned development as defined by N.J.S.A. 40:55D-1
et seq.
(6)
Does not involve the extension of any new street or off-tract
improvement.
(7)
Contains information sufficient to make an informed decision
as to whether the requirements established by this chapter for the
approval of a minor site plan have been met.
SPOIL
Dirt or rock that has been removed from its original location
or materials that have been dredged from the bottoms of waterways.
STORY
That portion of a building between the surface of any floor
above grade and the surface of the next floor above it or, if there
is no floor above it, then the surface between the floor and the ceiling
next above it. For the purposes of this chapter, the interior of the
roof shall not be considered a ceiling. 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.
STREAM
A watercourse having a source and terminus, banks and channel
through which waters flow at least periodically.
STREET
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action or a street or way
on a plat duly filed and recorded 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, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines.
STREET LINE
The dividing line between a lot and a street; the right-of-way
line.
STREET, MAJOR ARTERIAL
A street with access control, channelized intersections,
restricted parking and which collects and distributes traffic to and
from minor arterials.
STREET, MINOR ARTERIAL
A street with stop signs and which collects and distributes
traffic to and from collector streets.
STRUCTURE
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 Combined Planning Board to be
for agricultural purposes where all resulting parcels are five acres
or larger;
(2)
Divisions of property by testamentary or intestate provisions;
(3)
Division of property upon court order; and
(4)
Conveyances so as to combine existing lots by deed or other
instrument. The term "subdivision" shall also include the term "re-subdivision."
SUBDIVISION AND SITE PLAN COMMITTEE or SITE PLAN REVIEW COMMITTEE
A committee of at least three members and no more than four
members of the Combined Planning Board, including alternates, appointed
by the Chairman of the Board but which shall never meet in such number
as to constitute a quorum of the Combined Planning Board, for the
purpose of classifying subdivisions in accordance with the provisions
of this chapter, reviewing subdivisions and site plans, informal review
of applications for development, and such other duties relating to
land subdivision and site plans which may be conferred on this committee
by the Board.
TELEVISION ANTENNAS
Antennas used for the reception of television frequency transmissions of the type used in noncommercial applications and as further regulated in §
72-711Q herein.
TOPOGRAPHY
The configuration of a surface area showing relative elevations.
TRACT
An area, parcel, site, piece of land, or property, which
is the subject of an application for development.
TRAILER
A vehicle used for living or sleeping purposes or a vehicle
whose motive power is by a separate tractor or motor-impelled vehicle.
TRANSCRIPT
A typed or printed verbatim record of the proceedings, or
reproduction thereof, of a public hearing on an application for development
or other form of relief, before the Combined Planning Board.
USE
The specific purpose for which land or a building is destined,
arranged, intended, or for which it is or may be occupied or maintained.
VARIANCE
Formal permission to depart from the literal requirements
of a zoning regulation when obtained pursuant to regulations and procedures
contained in this chapter and N.J.S.A. 40:55D-1 et seq. upon proper
application to the Combined Planning Board.
VEHICLE, MOTOR
A self-propelled device used for the transportation of people
or good over land surfaces and licensed as a motor vehicle.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain waterway, gully, ravine, or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks.
WET BASIN
A detention basin designed to retain some water on a permanent
basis.
WETLANDS
An area that is inundated or saturated by surface water or
groundwater 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; provided, however, that the delineation
of such "wetlands" shall use a three-parameter approach involving
hydrology, soils, and vegetation, and which shall be acceptable to
the New Jersey Department of Environmental Protection or the United
States Army Corps of Engineers, whichever shall have primary jurisdiction.
WIRELESS COMMUNICATIONS ANTENNAS
Devices which are used for the transmission and reception
of wave frequencies for the purpose of any wireless communications
device (e.g., telephone, data, radio, paging and/or television communications,
etc.), and which are permitted as a "conditional use" only within
a specified institutional district, along with specific zoning conditions
and standards for their placement, location, construction and operation,
as is further set forth herein. For the purposes of this chapter,
"wireless communications antennas" shall not be considered a public
utility.
YARD
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward except as may be specifically
permitted in this chanter.
YARD, FRONT
An open space extending across the full width of the lot
between the closest point of any building and the street line, as
measured perpendicular to a straight street line or the tangent lines
of a curved street line. In the case of a corner lot, each yard with
frontage on a street shall be considered a front yard and shall be
subject to the front yard setback for the respective zone. Such "front
yard" shall be unoccupied and unobstructed from the ground upward
except as may be specifically provided in this chapter or which may
lawfully exist as natural or planned vegetation, trees, landscaping,
etc.
YARD, REAR
An open space extending across the full width of the lot
between the closest point of any building and the rear lot line, as
measured perpendicular to a straight rear lot line or the tangent
lines of a curved rear line.
YARD, SIDE
An open space extending from the front yard to the rear yard
between the principal building and the side lot line. The width of
the required side yard shall be measured as the perpendicular distance
between the closest point of the principal building and either a straight
side lot line or the tangent lines of a curved side lot line.
ZONE or ZONING DISTRICT
A defined area so indicated on the officially adopted Zoning
Map of the Borough of Wenonah subjecting the land to the specific
requirements so stipulated in this chapter.
ZONING MAP
The map or maps adopted by the Borough of Wenonah governing
body that designates districts for the purposes of zoning, pursuant
to Article 8 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
ZONING PERMIT
A document signed by the Zoning Enforcement Officer or other
authorized administrative officer which:
(1)
Is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure of building; and
(2)
Acknowledges that such use, structure or variance therefrom
is duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60
and/or N.J.S.A. 40:55D-70.