[Ord. No. 2015-20 § 10B-1]
(a) 
It is the intent and purpose of this chapter to exercise the authority delegated to municipalities by the Municipal Land Use Law and hereby, in conformance with the purposes of such law:
(1) 
To guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals and general welfare;
(2) 
To secure safety from fire, flood, and other natural and human made disasters;
(3) 
To provide adequate light, air and open space;
(4) 
To ensure that the development of the municipality does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;
(5) 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment;
(6) 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
(7) 
To provide sufficient space in appropriate locations for a variety of uses and open space, both public and private, according to their respective environmental requirements;
(8) 
To encourage the location and design of transportation routes that will promote the free flow of traffic while discouraging locations of such facilities and routes that result in congestion or blight;
(9) 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
(10) 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
(11) 
To encourage planned unit developments that incorporate the best features of design and relate the type, design and layout of various types of development to particular sites;
(12) 
To encourage the development of housing of sizes and types that will serve residents of various ages, incomes, and physical capabilities;
(13) 
To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land; and
(14) 
To promote sustainability and the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
(15) 
To protect the environment and promote sustainability, especially wooded areas and the tree canopy, for the purposes of flood control, soil erosion prevention, energy conservation, wildlife preservation, and aesthetics.
(b) 
The Princeton Council further finds and declares that Princeton contains numerous buildings, archeological sites, and areas of special character and special historic and aesthetic value; that these buildings, archeological sites, and areas of the municipality reflect elements of the cultural, social, economic, and architectural history of the community; and that preservation and enhancement of such elements are required in the interest of the health, prosperity, and welfare of the municipality as well as the surrounding region. The purpose of the historic district regulations is to:
(1) 
Preserve and enhance structures, archeological sites, and locations which reflect the heritage of the community;
(2) 
Maintain and develop harmonious settings for such structures, archeological sites, and locations;
(3) 
Foster civic pride;
(4) 
Protect and enhance the community's attractions to visitors;
(5) 
Strengthen the economy of the community; and
(6) 
Promote the appreciation of landmarks for the education, pleasure, and welfare of the people of Princeton.
[Ord. No. 2014-44; Ord. No. 2015-20 § 10B-2; Ord. No. 2016-16 § 1; Ord. No. 2018-11 § 2; amended 1-24-2022 by Ord. No. 2022-01]
ADEQUATE FIRE PROTECTION
Protection against fire as provided by compliance with the fire flows or alternatives as set forth in Article IV, Division 14 of this Chapter.
ADJACENT BUFFER STRIP
An area on both sides of a waterway measured from the top of the channel banks and extending outward.
ADMINISTRATIVE OFFICER
The municipal engineer unless another person is appointed by the Princeton Council for action with respect to a specific development application or other matter.
AFFORDABLE HOUSING
Very low, low and moderate income housing as defined by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction for the purposes of supporting common farm site activities, including but not limited to: the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
AGRICULTURAL OR HORTICULTURAL USE
The use of the land for common farm site activities including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage, and water management, and grazing.
AGRICULTURAL PURPOSES
The art or science of cultivating the ground or tillage, not including the erection, alteration, enlargement, occupancy or use of any building intended, designed for or susceptible to occupancy for residential purposes.
ALTER
To change the appearance of exterior elements of a structure, including changing the materials used and removing paint and cleaning by means of abrasives or chemicals or pressurized liquids. A change in the exterior color of a structure shall be considered an alteration if the change in color entails application of paint or other surface coloring to a surface which has not been painted before or if pre-primed or prefinished material is added to the exterior. In addition, the repainting shall be considered an alteration in Historic Preservation Districts Type 1 if it is substantially out of character with the historic preservation district within which the structure is located. Such repainting, however, shall not be considered an alteration in Historic Preservation Districts Type 2. Ordinary maintenance and repainting in the same color shall not be considered an alteration within this definition. The Type 1 and Type 2 Historic Preservation Districts are shown on the "Overlay Zoning Map of Historic Preservation Districts and Historic Preservation Buffer Districts, Princeton, Mercer County, New Jersey" on file in the office of the Clerk of Princeton, prepared by the Princeton Engineering Department, as revised through July 11, 2022, and adopted hereby.
[Amended 7-11-2022 by Ord. No. 2022-22]
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application or appeal form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a special permit.
APPLICATION FOR SPECIAL PERMIT
An application for development that seeks the direction of the issuance of a special permit.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction project.
CATEGORY ONE (C1) WATERS
Waters of the state designated in N.J.A.C. 7:9B-1.15(c) through (h) for purposes of implementing the anti-degradation policies set forth at N.J.A.C. 7:9B-1.5(d) for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources(s).
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.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPACTION
The increase in soil bulk density caused by subjecting soil to greater-than-normal loading. Compaction can also decrease soil infiltration and permeability rates.
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 that are contained in the zoning regulations, and upon approval of such use by the Planning Board.
CONSTRUCT
To make, remake, or make additions to the exterior of a structure by combining materials.
CONSTRUCTION OFFICIAL
The officer appointed pursuant to law to administer and enforce the State Uniform Construction Code.
CONSTRUCTION PERMIT
A permit for construction required by and issued in accordance with the State Uniform Construction Code and ordinances adopted pursuant thereto.
CONVENTIONAL
Development other than planned development.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding area, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
The Mercer County Planning Board, as designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s).
DAYS
Calendar days.
DE MINIMIS
When applied to an action affecting a property in a historic preservation district, an action of such minimal nature that: (a) the purposes of historic preservation as defined in this chapter will not thereby be materially affected; and (b) the action does not increase the degree of noncompliance or create a new noncompliance with respect to any bulk regulation set forth in this chapter.
DEMOLISH
To partially or completely take down a structure or a part thereof.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center, such as urban, regional, town, village, or hamlet, as designated by the State Planning Commission.
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 any 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 structure, any mining excavation or landfill, any clearing, grading, or excavation or other activity that results in land disturbance; and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DEVELOPMENT ENFORCEMENT OFFICER
The officer referred to in Section T10B-99.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to this chapter.
DISTURBANCE
The placement of impervious surface, the movement or exposure of soil or bedrock, or the clearing, cutting, or removal of vegetation. Milling and/or repaving of existing impervious surfaces shall not be considered disturbance for the purposes of this section.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; well head protection areas; and groundwater recharge areas.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESCAPE PROVISIONS
The permanent installation of ladders, steps, rungs, and/or other features that provide easily accessible means of egress from a stormwater management measure.
EXPOSURE DISTANCE
The distance between buildings or structures, which distance may vary with building type, age and whether it contains on-site fire suppression systems.
FINAL PLAT
The final map of all or a portion of a subdivision which is presented to the Planning Board for final approval in accordance with this article which, if approved, shall be filed with the proper county recording officer.
FINANCIAL HARDSHIP
(a) With respect to commercial property, including property rented for residential uses, the inability of the applicant to realize a reasonable return on the property without the proposed work; (b) with respect to property which is devoted to a charitable non-profit purpose and is exempt from local property taxes, the inability of the applicant to carry out such purpose without the proposed work; and (c) with respect to owner-occupied residential property, the inability of the applicant to continue owner-occupied residential use without the proposed work.
FIRE FLOWS
The amount or volume of water available to fire hydrants within or adjacent to a development application, and measured in gallons per minute ("gpm"), duration of flows or storage capacity as measured in hours of deliverable flows, and water pressure as measured in pounds per square inch ("psi").
GREEN INFRASTRUCTURE
Those methods and techniques that use vegetation, soils and other elements and practices to restore the natural processes of the land to manage and retain stormwater. Examples of green infrastructure are but not limited to: rain gardens, green roofs, permeable pavement; bio-infiltration, cisterns, or vegetated swales.
GROUNDWATER
A body of water below the surface of the land in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water.
HABITATS OF ENDANGERED OR THREATENED SPECIES
Those habitats identified by the New Jersey Department of Environmental Protection's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
HISTORIC FEATURES
Fences, principal structures, accessory structures, outbuildings, gates, gate posts, walls, gateways, wells, windmills, cemeteries, hedgerows and field rows, landscaping of historic significance, ponds, bridges, dams, sculptures, walkways, driveways, historic boundary markers, and archeological sites and as otherwise defined in the standards established by the United States Secretary of the Interior, provided that such features that are not located within a historic preservation district shall be treated as historic features only if so listed in the Princeton Master Plan or have been so designated by the Council pursuant to N.J.S.A. 40:55D-65.1.
HISTORIC PRESERVATION BUFFER DISTRICT
The intervening or surrounding property that significantly affects or is affected by the quality and character of a historic site or historic preservation district and as set forth on the Zoning Map.
HISTORIC PRESERVATION DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites and as set forth on the Zoning Map.
HISTORIC PRESERVATION DISTRICTS TYPE 1 AND 2
Historic preservation districts as shown on the Zoning Map. The Type 1 districts are: Maybury Hill; Kingston Mill Historic District; Tusculum; Princeton Battlefield - Stony Brook Settlement Historic District; Mansgrove; Castle Howard; Drumthwacket; Drumthwacket outbuildings, consisting of Coach House/Stables, Greenhouse Potting Shed, Garden Building, Gardener's House, Farmer's House and Dairy, Cow Barn; Princeton Basin; Delaware & Raritan Canal Historic District; Joline - Gulick House, Constitution Hill; Edgerstoune; Olden Manor; and Donald G. Herring Estate - Old Arreton Road Historic District. The Type 2 Districts are: the Jugtown District; Bank Street District; Mercer Hill District; Central Historic District; Witherspoon-Jackson Historic District and Prospect Avenue District. The Type 1 and Type 2 districts are subject to the review, procedural, and substantive requirements of this Article; the only differences in the requirements that apply to them concern visibility parameters and changes in color as outlined below:
[Amended 7-11-2022 by Ord. No. 2022-22]
Type 1
Type 2
Painting or adding other surface coloring to an unpainted surface or adding pre-primed and prefinished material within the Type 1 district requires preservation plan review.
Painting or adding other surface coloring to an unpainted surface or adding preprimed and prefinished material within the Type 2 district requires preservation plan review
Painting or other surface coloring that is substantially out of character with the Type 1 district within which the structure is located is subject to preservation plan review.
Changing paint color or other surface coloring within the Type 2 district does not require review
Proposed work that would be visible from anywhere within the Type 1 district or from the public right-of-way is subject to preservation plan review.
Proposed work within the Type 2 district that would be visible from a public right-of-way is subject to preservation plan review
HISTORIC PRESERVATION OFFICER
The administrative officer for processing preservation plans, for planning, developing, coordinating, and implementing historic, architectural and archeological preservation projects and activities, and for executing and furthering the purposes of Article XIII.
HISTORIC PROTECTION AREA
The portion of a property in an historic preservation zoning district designed to preserve the historic features of the property in their historic setting and meeting the standards set forth in Section T10B-387. Historic protection areas shall be designed as a result of development application review on sites for which pre-mapped preservation areas have not been established by ordinance.
HISTORIC SITE
Any real property, human-made structure, natural object or configuration, or any portion or group of the foregoing having historical, archeological, cultural, scenic or architectural significance so identified in the Master Plan or designated by the Council pursuant to N.J.S.A. 40:55D-65.1.
HISTORIC STRUCTURE
Any functional construction or the elements or remains of such construction associated with human activities, including an archeological site, having historical, archeological, cultural, scenic or architectural significance, provided that such structure that is not located with a historic preservation district shall be treated as an historic structure only if so listed in the Princeton Master Plan or has been designated by the Council pursuant to N.J.S.A. 40:55D-65.1.
HUC-14
A watershed or sub-watershed as defined by the United States Geological Survey with a 14-digit identifier.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surfaces include roofs and asphalt, concrete, and gravel surfaces, parking lots, drives, sidewalks, porous asphalt or concrete, pools, decks and patios.
INFILTRATION
The process by which water from precipitation seeps into the soil.
INTERESTED PARTY
Any citizen of the State of New Jersey in the case of a criminal or quasicriminal proceeding; and in the case of a civil proceeding in any court or an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire, or enjoy property under this chapter, or under any law 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.
LAND
Includes improvements and fixtures on, above or below the surface.
LOCAL STREETS
Those whose primary function is to provide immediate access to properties that front upon them.
LOT
A parcel or portion of land separated from other parcels or portions by description, on a subdivision map or record of survey map or by metes and bounds in a deed of conveyance, other than a bona fide mortgage, for the purpose, whether immediate or future, of sale or building development.
LOW IMPACT DEVELOPMENT (LID)
Utilizing selected stormwater management measures to replicate predevelopment hydrology in order to reduce the impacts of development. LID minimizes the creation of stormwater runoff and pollution by minimizing site disturbance and impervious cover and by promoting on-site infiltration of precipitation and runoff.
MAINTENANCE GUARANTEE
Any security, other than cash, that may be accepted by the municipality for the maintenance of any improvements required by this chapter.
MAINTENANCE PLAN
A document required for the maintenance of stormwater management measures at all major development projects. A maintenance plan shall contain a specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance including replacement.
MAJOR COLLECTOR STREETS
Those streets that serve as major access between various points within the community for a substantial proportion of the residents thereof.
MAJOR DEVELOPMENT
Any development that results in either the disturbance of 1/2 or more acres of land, an increase in impervious surface of 5,000 square feet, or an increase in the peak 100-year stormwater runoff rate from the development site of more than 0.5 CFS.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality or region adopted pursuant to Article V of this Chapter.
MAXIMUM EXTENT PRACTICABLE
Compliance with the specific objective to the greatest extent possible taking into account equitable considerations and competing factors, including but not limited to, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement given site-specific environmental conditions, cost and technical or engineering feasibility.
MINOR COLLECTOR STREETS
Those streets that provide local access within the municipality for a limited proportion of the residents thereof.
MINOR DEVELOPMENT
Any development that results in an increase in impervious surface of 400 or more square feet but does not meet the definition of a major development.
MINOR SITE PLAN
A development of one or more lots, that: (a) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (b) does not involve planned development, any new street or extension of any off-tract improvement that is to be prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42); and (c) contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
MINOR SUBDIVISION
A subdivision of land for the creation of not more than two lots; provided that such subdivision does not involve a planned development, or any new street, or the extension of any off-tract improvement the cost of which is to be prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42).
MITIGATION
Suitable compensation or offsetting actions when an applicant for approval under this ordinance has demonstrated the inability or impracticality of strict on-site compliance with the stormwater management requirements set forth in this section or an approved regional stormwater management plan and, on the basis of such demonstration, has received a waiver from strict compliance from the Princeton Planning Board.
MULTI-FAMILY STRUCTURES
NONTOWNHOUSE (CLUSTER DEVELOPMENT)
Freestanding buildings containing three, four, five or six dwelling units, with each unit sharing with another unit or units one or more vertical or horizontal common walls and with each unit having a separate exterior entrance. If a multi-family structure also meets the definition of a townhouse structure, it shall be considered a townhouse structure.
MUNICIPAL AGENCY
The Planning Board, Zoning Board of Adjustment or Princeton Council, or any agency created by or responsible to the municipality, when acting pursuant to this chapter.
MUNICIPAL ENGINEER
The person appointed to such position by the Princeton Council or such person's designee.
MUNICIPAL LAND USE LAW
Chapter 291 of the Laws of New Jersey, 1975 as amended from time to time.
MUNICIPAL OFFICER
Any person whether compensated or not, whether part-time or full-time: (1) elected to any office of a municipal agency; (2) serving on a municipal agency which has the authority to enact ordinances, approve development applications or grant zoning variances; (3) who is a member of an independent municipal, county or regional authority; or (4) who is a managerial executive or confidential employee of a municipal agency, as defined in Section 3 of the "New Jersey Employer-Employee Relations Act," P.L.1941, c. (N.J.S.A. 34:13A-3), but shall not mean any employee of a school district or member of a school board.
MUNICIPAL OFFICIAL
A municipal officer.
MUNICIPALITY
The municipality of Princeton.
NODE
An area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.
NONCONFORMING LOT
A lot the area, dimensions and location of which were lawful prior to the adoption, revision or amendment of a zoning ordinance but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimensions and location of which were lawful prior to the adoption, revision or amendment of a zoning ordinance, but that 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 that was lawful prior to the adoption, revision or amendment of a zoning ordinance, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONSTRUCTURAL STORMWATER MANAGEMENT
Utilizing strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features, reducing and disconnecting impervious cover, minimizing proposed ground slopes, utilizing native vegetation, minimizing turf grass lawns, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics.
NUTRIENT
A chemical element or compound (such as nitrogen or phosphorus) that is essential to and promotes the development of plants, algae, and other vegetation and organisms.
NUTRIENT CONCENTRATION
The amount of a nutrient in a specified volume of water.
NUTRIENT LOAD
The total amount of a nutrient entering a surface or groundwater resource during a given time period. Nutrients may enter the water resource from runoff, recharge, point source discharges, or the atmosphere in the form of wet and/or dry deposition.
OFF-TRACT
Located neither on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way.
OFFICE-RESEARCH LOT
A lot within a special office-research subdivision used exclusively for the purposes set forth for special office-research developments under zoning regulations.
OFFSITE
Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or right-of-way.
ON-SITE FIRE SUPPRESSION SYSTEMS
Methods or systems for extinguishing fires, including but not limited to automatic sprinkler systems, static water sources on site, such as ponds and pools and any other methods reasonably calculated to achieve adequate fire protection.
ON-TRACT
Located on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.
ONSITE
Located on the lot in question.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided, that such areas may be improved with only those buildings, structures, streets and off street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE USES
Any use of common open space for park or open space purposes, conservation of land or other natural resources or historic or scenic purposes.
ORDINARY MAINTENANCE
The repair of any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and having the same appearance and painting which is not an alteration.
OVERFLOW GRATE
A device intended to protect the opening in the top of an outlet structure in a stormwater management measure.
OVERLAY ZONE DISTRICT
A zoning district made up of underlying zone districts or parts of zone districts as shown on the Zoning Map. An overlay zone district controls certain standards and procedures for covered areas not inconsistent with the bulk and use requirements of the underlying zone districts.
OWNER OR DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be subdivided or 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.
PARCEL
An area of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership, or in such a manner as to specifically identify the dimensions and/or boundaries.
PERFORMANCE GUARANTEE
Any security that may be accepted by the municipality, including cash, provided that the municipality shall not require more than 10% of the total performance guarantee in cash.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PERVIOUS SURFACE
A surface that is capable of transmitting or infiltrating a significant amount of precipitation into underlying material.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLANNING BOARD
The Planning Board established by Article II of this chapter.
PLAT
A map or maps of a subdivision or site plan.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and non-hazardous pollutants.
PRELIMINARY APPROVAL
The conferral of certain rights as to site plans and major subdivisions pursuant to this chapter prior to final approval and after specific elements of a development plan have been approved by the Planning Board or Zoning Board of Adjustment.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of a subdivision that is submitted for preliminary approval pursuant to Article IX of this Chapter.
PRESERVATION AREA
The portion of a property in an historic preservation district premapped by ordinance or, if not pre-mapped, established during preservation plan review and designed to preserve the historic features of the property in their historic setting.
PRESERVATION PLAN
The application and accompanying documents required by Article XIII of this chapter and by the rules of the Historic Preservation Commission for any action for which preservation plan approval is required.
PRIMARY OR ARTERIAL STREETS
Those that do or are expected to handle substantial volumes of through traffic.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational areas and public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC DRAINAGE WAY
The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the municipality, a municipal agency, the regional board of education, a state or county agency, or any other public body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of a municipal agency.
RECHARGE
The amount of precipitation that infiltrates into the ground and migrates to a depth below the root zone depth of any vegetation on that ground.
RELEVANT FIRE PROTECTION SECTOR
The area of potential fire hazard or impact including and surrounding a development or proposed development, as well as all structures or buildings located therein, and taking into account, as appropriate, the types and pools and any other methods reasonably calculated to achieve adequate fire protection.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units that have a common or public open space area as an appurtenance.
RESIDENTIAL CLUSTER DEVELOPMENT
Any development pursuant to the provision of Article IX, Division 9 of this Chapter.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area including proposed streets, easements and open space portions of a development.
RESUBDIVISION
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 the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law. Not included are conveyances merely combining existing lots by deed or other instrument.
RETROFITTING
The steps taken to improve the fire protection of existing structures or areas, including but not limited to the installation of on-site fire suppression systems.
REVIEW AGENCY
The municipal entity or official that is responsible for the review of a major development project for compliance with the requirements of this Chapter's stormwater management regulations.
SEDIMENTATION
The deposit of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SINGLE FAMILY STRUCTURE (CLUSTER DEVELOPMENT)
A freestanding structure containing only one dwelling unit.
SITE
The lot or lots upon which development is to occur or has occurred.
SITE DEVELOPMENT
Any proposal or undertaking for which site plan approval is required pursuant to Section T10B-205 or Section T10B-238 and that is not exempt pursuant to Section T10B-206.
SITE PLAN
A development plan of one or more lots on which is shown: (i) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes, and waterways; (ii) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress or egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and (iii) any other information that may be reasonably required in order to make an informed determination as to approval of the plan by the Planning Board or Zoning Board of Adjustment pursuant to this chapter.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section T10B-157.
SOIL
All unconsolidated mineral and organic material of any origin.
SOLID AND FLOATABLE MATERIALS
Sediment, debris, trash, and other floating, suspended, or settleable solids.
SOURCE MATERIAL
Any material or machinery located at an industrial facility that is directly or indirectly related to process, manufacturing, or other industrial activities, that could be a source of pollutants in any industrial stormwater discharge to surface or groundwater. Source materials include, but are not limited to raw materials, intermediate products, final products, waste materials, by-products, industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
SPECIAL OFFICE-RESEARCH SUBDIVISION
Any major subdivision involving a planned commercial development in the O-R zoning district and employing the reduction in lot area provisions set forth for special office-research developments under Princeton's zoning regulations.
SPECIAL PERMIT
A permit directed to be issued pursuant to Section T10B-115 for a building or structure in the bed of a mapped street, drainage way, flood control basin or public area or pursuant to Section T10B-116 for the erection of a building or structure on a lot that does not abut a street.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies and the official map of these goals and policies.
STORM DRAINAGE ENGINEER
A qualified engineer appointed or engaged by the Governing Body on a case-by-case basis or otherwise, after consultation with the municipal engineer, for the purpose of reviewing and reporting upon the engineering aspects of surface water drainage facilities involved in a site development pursuant to Section T10B-227. The municipal engineer may be designated as storm drainage engineer.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to receive, retain, and discharge stormwater runoff. A stormwater management basin may either be normally dry or retain water in a permanent pool. A stormwater management basin may be located on or below the ground surface.
STORMWATER MANAGEMENT MEASURE OR FEATURE
Any structural or nonstructural strategy, practice, technology, process, program, or other method, including green infrastructure, intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
The portion of precipitation that is not intercepted by vegetation or infiltrates into the ground but instead ponds or flows across the surface of the ground or structures. Stormwater runoff may be collected in swales, gutters, storm sewers, channels, and other drainage facilities and transported to waterways, waterbodies, or stormwater management measures.
STREAM BUFFER
A strip of land located adjacent to a stream channel consisting of natural, undisturbed vegetative cover that serves as a protective area between uplands and riparian lands.
STREAM CORRIDOR
See definition of "Waterway Corridor" in Section T10B-203.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way: (i) that is an existing state, county or municipal roadway; (ii) shown upon a plat heretofore approved pursuant to law; (iii) approved by official action as provided by this chapter; or (iv) shown 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; including the land between the street lines, whether improved or unimproved, and whether or not comprising pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas.
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. The word structure for purposes of this chapter shall not apply to service utilities entirely below the ground, nor shall it apply to tents used in connection with reunions of alumni of educational institutions or tents or fences used for private social affairs such as weddings and parties and in place for two weeks or less.
SUBDIVIDER
Any person commencing proceedings under Article IX of this Chapter to effect a subdivision of land 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 chapter, if no new streets are created: (a) divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size; (b) divisions of property by testamentary or intestate provisions; (c) divisions of property upon court order, including but not limited to judgments of foreclosure; (d) consolidation of existing lots by deed or other recorded instrument; and (e) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map 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 chair of the Planning Board for the purpose of classifying subdivisions in accordance with the provisions of Article IX of this Chapter, and having such other duties relating to subdivisions as may be conferred on it by the Planning Board or by law.
THREATENED AND ENDANGERED SPECIES
Those species whose prospects for survival in New Jersey are in immediate danger because of a loss or change in habitat, overexploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction in New Jersey. Threatened species are those who may become endangered if conditions surrounding them begin to or continue to deteriorate. Habitats of endangered or threatened species are those identified by the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
TIME OF CONCENTRATION
The time it takes for stormwater runoff to travel from the hydraulically most distant point of a watershed or drainage area to the point of interest within that watershed or drainage area.
TOWNHOUSE STRUCTURES (CLUSTER DEVELOPMENT)
Freestanding buildings containing two, three, four, five or six townhouse units.
TOWNHOUSE UNIT (CLUSTER DEVELOPMENT)
A section of a townhouse structure containing only one dwelling unit which has free-standing walls on two sides (or, if at the end of the townhouse structure, three sides) and shares party walls with units on both sides (or, if it is at the end of a townhouse structure, shares a party wall on one side), with the unit having a separate exterior entrance.
TRACT
An area of land that is the subject of a development application.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
TRANSITION AREA
An area of protected upland adjacent to a freshwater wetland that minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem.
TRASH RACK
A device intended to intercept runoff-borne trash and debris that might otherwise block the hydraulic openings in an outlet structure in a stormwater management measure.
UNDERLYING ZONE DISTRICT
A zoning district that forms a constituent part of an overlay zone district. Underlying zone districts control bulk and use requirements.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas delineated on the State Plan Policy Map as the Metropolitan Planning Area (PA1); designated centers, cores or nodes.
VARIANCE
A variance from zoning regulations granted pursuant to Section T10B-13(c) or T10B-13(d).
WATER PURVEYOR
The regular source of water to fire hydrants, such as a public utility or any public water system.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLAND
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.
ZONING BOARD OF ADJUSTMENT
The Board established by Article III of this chapter.
ZONING OFFICER
The person appointed by the Princeton Council to exercise the functions set for such position in this chapter.
ZONING PERMIT
A document signed by the Zoning Officer that: (i) is required by zoning regulations as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure, including signage, fences, and walks, or building; (ii) acknowledges that such use, structure or building complies with the zoning regulations or duly authorized variance therefrom; and (iii) does not involve approval of a development application by the Planning Board or Zoning Board of Adjustment.
[Ord. No. 2015-20 § 10B-3]
Uses operated by the municipality and by its agencies and boards shall be exempt from the provisions of the municipality's land use regulations.