[Ord. No. 564, 9-6-2000]
This chapter shall be known as "The Land Use Ordinance of the
Borough of Frenchtown, Hunterdon County, New Jersey."
[Ord. No. 564, 9-6-2000]
The purpose of this chapter is to establish rules, regulations,
standards and procedures for review of all developments in the Borough
in order to further the purposes set forth in the Municipal Land Use
Law, Chapter 291, Laws of New Jersey, 1975, N.J.S.A. 40:55D-1 et seq.,
as amended and supplemented, and, in addition, to:
A.
Establish a pattern for, and regulate the type, location and intensity
of, the uses of land and buildings in the Borough within zoning districts
drawn in accordance with the recommendations of the Land Use Element
of the Borough's Master Plan.
B.
Protect the quality of the natural environmental resources of the
Borough of Frenchtown, including the quality of the air, surface water,
groundwater, natural vegetation, wildlife and natural topography so
as to protect public health, provide for recreation and conserve existing
natural resources.
C.
Protect the character and stability of residential, business and
industrial areas and preserve the value of land and buildings throughout
the Borough.
D.
Preserve and promote the existing historical and aesthetic assets
of the Borough.
E.
Promote the public health, safety, morals, comfort, convenience and
general welfare of the citizens of the Borough.
F.
Provide protection against, fire, explosion, noxious fumes and hazards
inimical to the public health, safety, comfort and general welfare.
G.
Provide for safe and efficient vehicular, bicycle and pedestrian
circulation; limit congestion in the public streets; provide for adequate
off-street parking of motor vehicles; and preserve accessibility for
emergency vehicles.
H.
Provide for the future housing needs of the citizens of the Borough
of Frenchtown and the region and to assure a full range of housing
types to meet all income levels.
I.
Provide for appropriate recreation, conservation, open space and
public use areas.
J.
Provide for appropriate design standards to ensure adequate light
and air, proper building arrangements, a desirable visual environment,
and minimum adverse impacts on surrounding properties and the environment.
K.
Ensure the provision of adequate water supply and water quality,
drainage and stormwater management, sanitary facilities and other
utilities and services.
L.
Provide for appropriate screening, landscaping, signs, and lighting.
[Ord. No. 564, 9-6-2000]
The provisions of this chapter shall be administered by the Borough Planning Board and, where applicable, by the Borough Planning Board acting as the Zoning Board of Adjustment, in accordance with the Municipal Land Use Law, Chapter 291, P.L., 1975, N.J.S.A. 40:55D-1 et seq., as amended and supplemented, and the provisions of Article V of this chapter.
[Ord. No. 564, 9-6-2000]
For the purposes of the interpretation and construction of this
chapter, certain terms and words are herein defined and shall be used
as defined, unless the context otherwise requires. Words used in the
present tense shall include the future; words used in the singular
shall include the plural; the word "used" shall include the words
"arranged," "designed," "occupied," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used"; the word "lot" shall
include the words "plot" or "parcel"; the word "shall" is mandatory
and not discretionary; and the word "abut" shall include the words
"directly across from," "adjacent to" and "next to." Any word or term
not defined herein shall be used with a meaning of standard usage.
A building, structure or use customarily associated with,
and subordinate and incidental to the principal building, structure
or use on the same lot therewith. An accessory building or structure
attached to a principal building or structure shall be treated as
part of and shall comply in all respects to the requirements for the
principal building or structure.
The Secretary of the Planning/Zoning Board of Adjustment,
for all development applications, and the Zoning Officer, for the
issuance of zoning permits or development permits in areas of special
flood hazard.
Any arrangement of letters, symbols or objects on the ground, on a building or structure or on a vehicle which is designed to attract attention to the premises or to a product or service offered on- or off-premises. Such advertising display shall be considered a sign and shall be regulated in accordance with the provisions of § 50-302 of this chapter.
One or more persons designated to represent the applicant
before the Board.
The use of land for the growing and harvesting of crops and
the raising and breeding of animals, such as truck farms, livestock
farms, dairy farms, poultry husbandry, fruit farms and nurseries,
including the greenhouses, barns, silos, stables, storage buildings,
buildings for the keeping of poultry and livestock, garages for the
keeping of equipment and trucks used in farm operations and other
necessary farm structures, as well as the packing but not the processing
of produce raised on the premises. The term "agriculture" shall also
include the terms "silviculture" and "horticulture" and the use of
land for hunting, trapping and wild game preservation.
A public right-of-way between two other streets, located
to the side(s) or rear(s) of the abutting lots, intended for the passage
of vehicles and lot access, and owned and maintained by the abutting
lot owners. For the purpose of determining required setbacks only,
an alley shall not be considered a street from which a front yard
setback would be required to be maintained unless the alley provides
the only street frontage for the lot.
For the purposes of this chapter, as applied to a building
or structure, any change or rearrangement in or enlargement of the
supporting member(s), such as walls, columns, beams, girders, posts
or piers, including an increase in their height or their removal from
one location or position to another, or any change in the use of existing
space to a more intensive or different type of use, such as a change
of storage space to office, retail or manufacturing use, or a change
from residential to nonresidential use, or, in the R-4A, R-4B and
R-4C Districts, any exterior building renovation, including the addition
or elimination of any door or window or any change in exterior trim
or finish. As applied to a parking lot, the surfacing, curbing, resurfacing,
redesigning, restriping or enlargement to accommodate additional parking
spaces, a new traffic pattern, a new drainage pattern, a different
means of ingress or egress or similar changes requiring review by
the Planning Board. The term "alterations or additions" shall not
apply to normal repairs and maintenance, replacement of equipment
or fixtures or interior building renovations that do not increase
the density or intensity of use or alter the type of use.
A room or suite of connected rooms usually but not necessarily
on a single floor designed or used for occupancy as a single dwelling
unit by one housekeeping unit in a building having a total of two
or more such dwelling units or in a building containing two or more
principal uses.
One of several individual dwelling units designed and erected
as an integrated development in one or several building(s) owned by
and managed as a single entity and which utilizes such common facilities
as pedestrian walks, parking and garage areas, open space or recreation
areas, and garbage disposal, utility and sanitary systems.
A request for a review of an administrative interpretation
of any provision of this chapter or a request for a variance.
The legal or beneficial owner or owners of a lot or of any
land proposed to be subdivided or developed, including the holder
of an option or contract to purchase, or other person or persons having
an enforceable proprietary interest in such land. The term "applicant"
shall also mean "developer."
The application form and all accompanying documents required
by this chapter for approval of a site plan, subdivision, zoning variance,
conditional use, planned development or direction of the issuance
of a permit pursuant to N.J.S.A. 40:55D-34 and 35.
A designated AO, AH or VO zone on the Flood Insurance Rate
Map (FIRM) for the Borough of Frenchtown with a 1% or greater annual
chance of flooding to an average depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
A facility with on-site production of food or beverage products,
involving small batch processing. Typical uses include, but are not
limited to: coffee roasting, ice cream, baker, candy, and other foodstuffs;
or alcoholic beverage manufacturing. This shall include on-site sales
and consumption (i.e., tasting room).
[Added 6-5-2019 by Ord.
No. 834]
Any business establishment whose primary activity is the
sale of new cars, trucks, farm machinery, construction equipment and/or
recreational vehicles and which may or may not also include the sale
of used vehicles of any of the above types, the sale of parts, the
undertaking of mechanical repairs and/or body work, and the painting
and/or washing of vehicles as accessory uses.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A space underneath the first floor of a building having 1/2
or more of its floor to ceiling height above the average level of
the adjoining ground and having a floor to ceiling height of not less
than 6 1/2 feet.
A single-family dwelling licensed by the State of New Jersey
as a bed-and-breakfast inn and occupied by a resident owner and family
or, in their absence, by a resident manager, in which overnight accommodations
and a morning meal are provided to transients for compensation on
a daily basis.
Any structure or portions thereof on which lettered or pictorial
matter is displayed or is intended to be displayed for advertising
purposes other than that placed on a building or its grounds for the
purposes of indicating the name and occupation of the user of the
premises, the nature of the business conducted therein or the products
primarily sold or manufactured therein.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter and as further specified herein.
A person who is not related to the head of the household
and who pays for the privilege of boarding or rooming.
The engineer appointed by the Planning Board or Borough Council,
as applicable, to advise on engineering matters.
The relocation of a lot line or lines such that no new lots
are created and no new or exacerbated nonconforming condition is created.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A strip of land providing a natural vegetative screen or
a fence or other means so as to continually restrict a clear view
beyond the buffer strip.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
Where such structure is divided into separate parts by one or more
unpierced wall(s) extending from the ground up, each part shall be
deemed a separate building for zoning purposes, except with respect
to minimum side yard requirements.
The square footage or other area measurement by which all
buildings occupy a lot as measured at grade around the foundation,
and including the area covered by a permanent canopy.
The vertical distance from the average finished ground elevations
around the foundation of the building to the level of the highest
point of the roof surface. For lots created by major subdivision or
for multiple buildings approved as part of a site plan, the finished
ground elevations around the building foundation(s) shall be established
in accordance with an approved tract grading plan. For infill development
on existing lots or for development on a new lot created as part of
a minor subdivision, the finished ground elevations around the building
foundation shall be within one foot of the elevations existing prior
to the commencement of any construction activity, including excavation
or filling.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
section of a building, the vertical plane will coincide with the most
projecting surface. All yard requirements shall be measured to the
building line.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a "principal building" on the lot on which it
is located.
A space underneath the first floor of a building having less
than one-half of its floor to ceiling height above the average finished
grade of the adjoining ground or having a floor to ceiling height
of less than 6 1/2 feet.
A certificate issued by the Construction Official upon completion
of the construction, alteration or change in occupancy of a building.
The certificate of occupancy shall acknowledge compliance with all
requirements of this chapter and such variances therefrom as may have
been granted pursuant to N.J.S.A. 40:55D-70c. or d.
The officer duly appointed by the Mayor and Council as the
Chief Financial Officer of the Borough, or the Treasurer of the Borough,
or, for the purposes of administering developer escrow accounts, the
designee of the Chief Financial Officer, which shall be the Secretary
of the Planning/Zoning Board of Adjustment.
Any facility which is maintained for the care, development
or supervision of six or more children under six years of age who
attend for less than 24 hours per day and which is licensed by the
New Jersey Department of Human Services.
[Amended 6-5-2019 by Ord.
No. 834]
Any building used for public worship, regardless of religion,
which may also include accessory parish halls and meeting rooms and
the customary uses thereof and a clergyman's residence on the same
lot.
A social or service organization not organized or conducted
for profit and not an adjunct to or operated by or in conjunction
with a public tavern, cafe or other place of business.
A type of restaurant that sells coffee, tea and other beverages.
A coffee shop may also serve baked goods and dessert-type fare. No
goods are sold to customers from a drive-up or drive-through window.
[Added 6-5-2019 by Ord.
No. 834]
Any motor vehicle, other than a passenger car, having more
than two axles and/or four wheels, and/or exceeding a loading capacity
of 1/2 ton.
An open space area within or related to a site designated
as a development designed and intended for the communal use and enjoyment
of residents and owners of the development and containing such complementary
structures and improvements as are necessary and appropriate for the
communal use and enjoyment of the open space by the residents and
owners of the development.
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, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, 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 (P.L. 1971, c. 136; 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
Department of Human Services. The term "developmentally disabled person"
shall mean a person who is developmentally disabled as defined in
Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally
ill person" shall mean a person who is afflicted with a mental illness
as defined in N.J.S.A. 30:4-23, but shall not include a person who
has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application form completed as specified in this chapter
and the rules and regulations of the Board and all accompanying documents
required by this chapter for approval of an application.
A use permitted in a particular zoning district only upon
a showing that such a 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 authorization
therefor by the Planning Board.
A legal arrangement providing for the individual ownership
of a portion of a building and/or land parcel and including arrangements
for the maintenance responsibilities of such building and/or land
parcel.
The official specified in the Building Code and designated
as such by the governing body.
An authorization to build issued by the Borough Construction
Official after a determination that all applicable Borough requirements
have been met.
A space providing classes and education on the art and science
of food preparation.
[Added 6-5-2019 by Ord.
No. 834]
The percentage of a lot which is covered by all principal
and accessory buildings.
A street with a single means of ingress and egress having
a turnaround area at the closed end.
The date upon which a development application is certified
as meeting all of the submission checklist requirements of this chapter
by the Board or by the Administrative Officer or upon the expiration
of the forty-five-day review period permitted for the determination
of completeness unless either the Board or the Administrative Officer
has notified the applicant in writing of the ways in which the application
does not meet all of the submission checklist requirements of this
chapter.
Calendar days, including weekend days and holidays.
A store selling cold cuts, cheeses and a variety of salads,
as well as selection of prepared foods and other related items sold
in varying quantities for consumption primarily off-premises. However,
there may be on site consumption of food as an accessory use. A delicatessen
may also be referred to as a "sandwich shop."
[Added 6-5-2019 by Ord.
No. 834]
The permitted number of dwelling units per gross acre of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be developed or included in a proposed development,
including the holder of an option or contract to purchase, or other
person or entity having an enforceable proprietary interest in such
land.
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; any
man-made change to improved or unimproved real estate, including mining,
dredging, filling, grading, paving, excavation, drilling, or storage
of equipment or materials; any use or change in the use of any building
or other structure or land; or any extension of the use of land.
A facility for digital design and fabrication utilizing hardware
and software tools. There shall be no emission of any smoke, fumes,
gas, dust, odors or any other atmospheric pollutant, which will disseminate
beyond the boundaries of the lot occupied by a digital makerspace.
[Added 6-5-2019 by Ord.
No. 834]
The removal of surface water or groundwater from land by
drains, grading or other means, including 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.
A roadway, thoroughfare, place or passageway which is not
a street as defined herein, but which, prior to February 4, 1986,
had become an established way for owners of abutting lands having
no frontage on any existing state, county, or municipal street or
road, to gain ingress and egress, over the property of others, from
a public street or road. For the purposes of this chapter, a private
road or lane situated entirely on a single property and serving only
that property shall not be considered a driftway.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities exclusively for the use of a single
nonprofit housekeeping unit. The term "dwelling" includes the term
"dwelling unit."
A one-family dwelling attached to one or more other one-family
dwellings by common vertical walls, whether or not each dwelling is
located on a separate lot or on the same lot.
A building containing three or more dwelling units and occupied
or intended for occupancy by three or more nonprofit housekeeping
units, each living independently of the others and each with its own
separate living, sleeping, cooking and sanitary facilities.
A building containing one dwelling unit only and occupied
or intended for occupancy by one nonprofit housekeeping unit.
A building containing two dwelling units and occupied or
intended for occupancy by two nonprofit housekeeping units, each living
independently of the other and each with its own separate living,
sleeping, cooking, and sanitary facilities.
A nonbasement building built to have the bottom of the lowest
floor elevated above the ground level by means of pilings, columns
(posts and piers), or shear walls parallel to the flow of the water,
and adequately anchored so as not to impair the structural integrity
of the building during a flood up to the magnitude of the base flood.
The term "elevated building" also includes a building elevated by
means of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, cable television, steam or water transmission
or distribution systems, including electrical substations, telephone
transmission centers and lines, and the poles, wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants, and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare. Essential
services shall include firehouses, first aid and emergency aid squads,
whether provided by a municipal or a nonprofit agency.
A portion of land surface or an area from which earth has
been or shall be removed; the depth below the surface of the original
ground level to the level of the excavated surface.
The vertical location of the ground surface prior to the
commencement of any construction activity including excavation or
filling.
One or more persons customarily living together as a single
nonprofit housekeeping unit.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the division contracts
for family day care in which child care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
A lot of at least five acres used solely for agriculture.
A temporary building located on a farm for the purpose of
displaying and selling the produce raised on that farm and/or other
farm parcel(s) owned or cultivated by the farm stand operator and
other related goods, so long as the other related goods constitute
less than 50% of the produce displayed and/or sold at the farm stand.
Any structure used for the storage of agricultural equipment
or farm produce, or housing livestock or poultry. All farm structures
shall be considered accessory structures, whether or not a principal
structure exists on the same lot.
An eating establishment primarily serving wrapped individual
servings of food or refreshments at a counter in bags or on trays
for consumption on or off premises, with or without table seating
and with or without a drive-up or drive-through window. A fast-food
restaurant is distinguished and different from a coffee shop, restaurant,
delicatessen and gourmet food shop, which are defined in the chapter.
[Amended 6-5-2019 by Ord.
No. 834]
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
material.
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person.
The official action of the Board taken on a preliminary 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
guarantee.
The final elevations of the ground surface conforming to
the approved grading plan.
A lot which has the configuration of a flag and pole, with
the "flag" or buildable area of the lot located behind other lot(s)
and at the end of a "pole" or access way which affords less than the
required frontage on a public street.
A dwelling unit in a building having a total of two or more
such dwelling units or in a building containing two or more principal
uses which occupies all or part of a single floor, regardless of whether
the unit is rented as an apartment or owned as a condominium.
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Boundary/Floodway
Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The Land Use Ordinance, building codes, health regulations,
any special purpose ordinances (such as a floodplain ordinance, grading
ordinance or soil erosion and sedimentation control ordinance) and
other applications of police power. The term describes such state
or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 feet.
The gross floor area on a lot compared to the lot area.
The sum of the area of all floors of all buildings or structures
having floors on a lot. The term "gross floor area" as used in this
chapter shall not include cellar space and any floor space where the
average ceiling height is less than seven feet.
Partially incinerated solids that are carried into the air
in a gaseous stream.
An accessory building or portion of a principal building
used for the parking of vehicles owned or rented by the occupants
or users of the principal use on the lot.
Any garage other than a private garage which is open to the
public and/or used commercially for the storage of motor vehicles.
A place of retail business where gasoline, oil, grease, batteries,
tires and automobile fluids and/or accessories may be sold and dispensed
directly to motor vehicles and/or where mechanical motor vehicle repair
services may be rendered and/or car wash facilities may be provided.
A tract of land developed for playing an 18-hole game of
golf, and improved with tees, greens, fairways and hazards, practice
facilities, and a clubhouse (which may include dining or grill room,
a bar with club license if qualified, a pro shop, kitchen, locker
rooms and administrative offices) and customary accessory buildings
and structures for the maintenance and operation of the facility.
A store selling specialty foods (such as a chocolate store,
candy shop, ice cream parlor, fishmonger, and the like) where prepared
food is sold in varying quantities for consumption primarily off-premises,
but which may also provide for on-site consumption of food as an accessory
use.
[Added 6-5-2019 by Ord.
No. 834]
Any stripping, excavating, filling, stockpiling, or any combination
thereof, of land.
A natural or constructed path, usually broad and shallow
and covered with erosion-resistant grasses, used to conduct surface
water.
See "building height."
The Frenchtown Historic District as established in the National
Register of Historic Places maintained by the Department of the Interior.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; or
Individually listed on the state's inventory of historic places.
The office of a resident physician, dentist, lawyer, optometrist,
architect, engineer, planner, artist, accountant, real estate agent,
insurance agent or similar entity whose clients or patients visit
the premises and who may have employees associated with the office.
Home occupations are permitted only as conditional uses in certain
zoning districts.
An office or studio which occupies either an accessory building
on a residential lot or an area not exceeding 200 square feet within
the residence itself and which is used only by an occupant of the
residence on the lot, provided there are no nonresident employees
associated with the home office and no exterior indication of such
office or studio use and further provided such use does not require
parking, deliveries or other external traffic, except that normally
required for the residential use. One home office per lot is permitted
as an accessory use to a single- or two-family detached dwelling.
This definition shall not preclude the tutoring of up to three pupils
at a time and child care for up to five children, and the traffic
associated therewith, which shall also be permitted as an accessory
use to a single- or two-family detached dwelling.
An incorporated nonprofit organization operating in a development
under recorded land agreements through which each lot owner is automatically
a member, each dwelling unit is automatically subjected to a charge
for a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
association by the Borough, and each owner and tenant has an equal
right to use the common property.
A building or buildings designed for temporary occupancy
on a per diem basis by individuals or couples who are lodged in private
rooms with private baths with or without meals and in which no provision
is made for cooking in any individual room or suite. The term "hotel"
includes the term "inn," but not the terms "motel," "motor court"
and "motor lodge" and similar uses characterized by each unit having
direct access to and from the outside of the building and the use
of a parking space located close to its entrance.
The percentage of a lot which is covered by impervious surfaces,
defined as any and all surfaces that do not permit the natural absorption
of surface water into the ground beneath, including all buildings
and other improvements such as, but not limited to, parking areas,
streets, driveways, patios, sidewalks, pools, tennis courts and the
like, and, with respect to any areas required or intended for use
for the parking or movement of motor vehicles, whether or not said
areas are paved or unpaved and whether or not said areas are or will
be constructed or are or will be merely shown and reserved on the
site plan. Impervious surface coverage shall be calculated by measuring,
in a horizontal plane, the outer limits of all impervious surfaces
on a lot and comparing the total square footage thereof with the lot
area.
Any utility, road, drainage facility or similar type of installation
required as part of a subdivision or site plan or required by the
Planning Board or other governmental authority as permitted by law,
but not including any buildings or structures other than those constructed
for the purpose of providing access, utility services, drainage and
the like.
An office space-type environment that is flexibly designed
that accommodates administrative, research and development and/or
limited manufacturing activities. The space can be shared by multiple
entities that share services. There shall be no emission of any smoke,
fumes, gas, dust, odors or any other atmospheric pollutant, which
will disseminate beyond the boundaries of the lot occupied by an incubator
space. There shall be no vibration that is discernible to the human
sense of feeling beyond the boundaries of the subject site.
[Added 6-5-2019 by Ord.
No. 834]
Uses that hold the attention and interest of an audience
or provides delight. Uses include a comedy club, arcade, theater,
and performance venue.
[Added 6-5-2019 by Ord.
No. 834]
Uses for the teaching and practice of dance, drama, art,
language, martial arts, music, aerobics, sports, fitness, photography
and the like. Such activities may be conducted either partially or
entirely within the confines of a building or partially to entirely
outdoors. These uses may, from time to time, hold group events, such
as birthday parties.
[Added 6-5-2019 by Ord.
No. 834]
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 any administrative
proceeding before a municipal agency, any person, whether residing
within or without the Borough, whose right to use, acquire, or enjoy
property is or may be affected by any action taken under the provisions
of this chapter, or whose rights to use, acquire or enjoy property
under this chapter or under any other law of this state or of the
United States have been denied, violated or infringed upon by an action
or a failure to act under this chapter.
Any area of land, with or without buildings, regardless of
size, on which occurs the storage, keeping or abandonment of junk
or debris, whether or not it is in connection with the personal use,
dismantling, processing, salvage, sale, resale or other use and disposition
thereof, including by way of illustration but not of limitation: the
maintenance at any time of excessive litter or of open or overflowing
waste disposal bins and/or containers; the storage of putrescible
or nonputrescible waste materials or recyclables (other than garden
composts) for longer than two weeks, except in conjunction with permitted
construction activities pursuant to a construction permit; or the
storage out-of-doors of inoperable vehicles (unless in conjunction
with an approved site plan for a repair garage), unregistered vehicles,
vehicle parts, appliances, furniture or similar materials in quantities
or more than two overnight or in lesser quantities for longer than
two weeks.
An establishment wherein occurs the boarding, selling or
breeding of more than six dogs or cats over the age of 16 weeks.
Any ground, soil or earth, including marshes, swamps, drainageways,
and areas not permanently covered by water, and including the improvements
and fixtures on, above or below the surface.
A private roadway, thoroughfare, place or passageway situated
entirely on the owner's property, constructed or established prior
to February 4, 1986, for use as the means of ingress or egress between
a public street or road and the owner's dwelling, farm buildings and/or
accessory buildings.
Domestic animals, other than house pets, such as horses,
cattle, goats or sheep, kept for their services or raised for food
and other products. For the purposes of the chapter, the term "livestock"
shall exclude any animal weighing less than 50 pounds.
The total area of a building encompassed within the exterior
walls measured at grade but excluding cellars, attics, garages and
porches.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading and measuring at least 12 feet by 45 feet
horizontally with at least 15 feet of vertical clearance.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law, to be used, developed or
built upon as a unit.
The computed area contained within the lot lines of a lot,
excluding any existing or planned street rights-of-way or portions
thereof and excluding the area of any existing easements which preclude
the development of structures.
The reduction in the sizes of some lots in a subdivision
and the corresponding increase in the sizes of other lots in the same
subdivision in order to achieve an improvement in lot layout without
any change in overall development density.
The mean horizontal distance between the front and rear lot
lines.
The distance between side lot lines measured along the street
line or the lot line that forms the street line.
Any line forming a portion of the exterior boundary of a
lot; the same line as the street line for that portion of a lot abutting
a street.
LOT LINE, FRONTThe same as the street line or street right-of-way line. On a corner lot, one of the front lot lines shall be designated by the owner as a side street lot line for the purposes of establishing the locations of the side yard and the rear yard. An alley shall not be considered a street for the purposes of measuring required front yard setbacks unless the alley provides the only means of access to the lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot at the junction of and fronting upon two or more intersecting
streets or bounded on two or more sides by the same street, which
streets or parts of the same street form an interior angle of less
than 135°. The point of intersection of the street lines is the
corner. A corner lot shall have two front yards, a side yard and a
rear yard. The rear yard shall lie most opposite the designated front
lot line and the side yard shall lie most opposite the designated
side street lot line.
Any lot that is not a corner lot.
The distance between side lot lines measured parallel to
the street line at the required front setback line.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement or cellar is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of other applicable requirements not related
to the elevation of the structure.
Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit as specified in § 50-602H of this chapter, and cash.
Any subdivision not classified as a minor subdivision.
A studio of a carver, candle maker, painter, sculptor, potter,
weaver, jeweler, photographer, 3-D printer or the like.
[Added 6-5-2019 by Ord.
No. 834]
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The Master Plan for the Borough of Frenchtown; 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.
A development plan of one or more lots which proposes an
expansion of 25% or less of the existing floor area and/or impervious
surface area and/or a change of use within the existing structure(s)
and/or new construction up to and including 5,000 square feet of floor
area but not involving any planned development, new street(s) or extension
of any off-tract improvement(s) and containing the information required
by this chapter for approval of a minor site plan. A plan for the
construction of barns, sheds and silos erected for agricultural purposes
shall be deemed a minor site plan.
Any subdivision resulting in not more than two new lots,
or a total of three lots, fronting upon an existing state, county
or municipal road, not involving any new street, planned development,
or the extension of any off-tract improvement; provided, however,
that as of February 4, 1986, the maximum number of lots that may be
created through a minor subdivision from any lot or tract existing
on that date shall be three, including two new lots and the remainder.
Any further subdivision of such lot(s) or tract(s) shall be deemed
a major subdivision.
In the context of § 50-409, structures for which the "start of construction" commenced on or after March 3, 1981, and includes any subsequent improvements to such structures.
In the context of § 50-409, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes were or are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after March 3, 1981.
A 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.
A lot the area, 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.
A use or activity 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.
A room or group of rooms used for the conducting of affairs
of a business, profession, industry or government and generally furnished
with desks, tables, files and communication equipment.
[Added 6-5-2019 by Ord.
No. 834]
The office of a licensed medical or health care practitioner
providing health care services to a person for the purpose of maintaining
or restoring a person's physical or mental health. The term "licensed"
is defined in the New Jersey Administrative Code.
[Added 6-5-2019 by Ord.
No. 834]
A map adopted by Ordinance pursuant to N.J.S.A. 40:55D-32
et seq. Such map shall be deemed conclusive with respect to the location
and width of the streets, public parks and playgrounds and drainage
rights-of-way shown thereon.
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 or
right-of-way abutting the property of which the lot is a part.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
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. Such areas may be
improved with only those buildings, structures, off-street parking
areas and other improvements that are designed to be incidental to
the natural openness of the land.
An open area, other than a street or other public right-of-way,
used for the parking of automobiles and available to the public whether
for a fee or as an accommodation to clients or customers.
A storage area provided for the parking of a motor vehicle,
either within a structure or in the open.
For purposes of notice, any applicant for development, the
owners of the subject property, and all owners of property and governmental
agencies entitled to notice under N.J.S.A. 40:55D-12.
A single-family detached dwelling on a separate lot having
an enclosed outdoor courtyard and placed on the lot such that it has
setbacks on only three sides.
Any security which may be accepted by the Borough, including but not limited to surety bonds, letters of credit as specified in § 50-602D of this chapter, and cash, provided that not more than 10% of the total performance guarantee shall be required to be in cash.
Any use which is allowed in a specified zoning district under
this chapter.
The map of a subdivision or site plan.
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 chapter and which, if approved, shall be filed with the
County Clerk for recording in accordance with the law. A plat that
receives final approval shall have been prepared by a New Jersey licensed
professional engineer or land surveyor in accordance with all of the
provisions of Chapter 141, Laws of 1960, N.J.S.A. 46:23-9.9 et seq.[1]
A map of a major subdivision containing the information required
in this chapter and submitted in accordance with the procedures set
forth in this chapter for the purpose of securing preliminary approval.
The conferral of certain rights prior to final approval after
specific elements of a site plan or subdivision have been agreed upon
by the Planning Board and the applicant.
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.
The main purpose for which any lot and/or building or portion
thereof is used.
The office of a member of a recognized profession which is
maintained for the conduct of the profession. Such professions shall
be limited to the fields of medicine, dentistry, law, architecture,
engineering, religion, music, or other professions requiring a similar
degree of training and experience. Where such office is in conjunction
with a residence, the conditional use regulations for a home occupation
shall apply.
Public parks, playgrounds, trails, paths and other recreation
areas; other public open spaces; and sites for schools and other public
buildings and structures.
The land reserved or dedicated for the installation of stormwater
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.
An open space area conveyed or otherwise dedicated to the
Borough, to a Borough agency, to the Board of Education, or to a state
or county agency or other public body for recreational or conservation
use.
Any public building, structure or land used primarily for
public or quasi-public purposes where such building, structure or
land is not privately owned or operated.
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE, NONCOMMERCIALA club or recreation facilities, operated by a nonprofit organization and open only to the members of such organization.
A vehicle which is built on a single chassis; is 400 square
feet or less when measured at the longest horizontal projections;
is designed to be self-propelled or permanently towable by a light-duty
truck; and is designed not for use as a permanent dwelling but primarily
as temporary living quarters for recreational, camping, travel, or
seasonal use.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
An eating establishment in which food is brought unwrapped
and on plates to customers seated at tables. The term "restaurant"
specifically excludes stand-up indoor, drive-in, drive-up or drive-through
eating establishments or establishments primarily serving wrapped
individual servings of food or refreshments at a counter in bags or
on trays for consumption on or off premises, whether or not table
seating is also available.
A strip of land acquired or possessed by reservation, dedication,
forced dedication, prescription or condemnation which permits the
possessor to pass over the property of another and which is intended
to be occupied by a public or private road, walkway, railroad, electrical,
oil or gas transmission line, water line, sanitary or storm sewer
line or other similar uses or facilities. A public right-of-way shall
be one in which the general public shall have the right of use or
access subject only to the restrictions imposed by the governmental
entity possessing the right-of-way.
A person not ordinarily part of the household residing in
a dwelling who pays for the privilege of temporarily or permanently
occupying a guest room within the dwelling and who may or may not
also be provided with meals as part of the fee paid.
A site authorized by a governmental entity for solid waste
disposal and operated pursuant to applicable to NJDEP regulations.
A facility having regular sessions of academic instruction
conducted by regularly employed instructors and teachers which provides
education to children in any or all of grades K through 12 under the
supervision of the New Jersey Department of Education, or a lawfully
constituted ecclesiastical governing body, or a corporation meeting
the requirements of the New Jersey Department of Education.
The deposition 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.
See "gasoline station/repair garage."
Four or more commercial (retail or retail and office) establishments
in one or more structure(s) designed and operated as a coordinated,
integrated entity with respect to parking, signs, etc.
Any device employing letters, words, symbols, graphics, etc.,
used or intended to attract the attention of the public from streets,
sidewalks or other outdoor public areas, including any announcement,
declaration, demonstration, billboard, display, illustration, bulletin
board, letters, numbers, insignia, logo, model, mural, statue, banner,
flag, pennant, clock, plants, thermometer, or light or combination
of lights which are used to promote or advertise an event or the profitable
or charitable interests of any person, group of persons, entity or
corporation, or a place or product(s) when the same is placed, erected,
attached, painted, printed or grown so as to be visible to the general
public from outside of a structure, whether such device is actually
located outside the structure or inside of it.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required for the
Planning Board to make an informed determination pursuant to this
chapter as to the approval of the site plan.
The final plan for the development of all or a portion of
a site which is presented to the Board for final approval in accordance
with the requirements of this chapter.
The plan for the development of a site which is presented
to the Board for preliminary approval in accordance with the requirements
of this chapter.
An accessory structure containing one or more receptive cells
or collector devices, the purpose of which is to use solar radiation
to create usable electrical energy, hot water, or hot/cold air.
[Added 12-28-2022 by Ord. No. 897]
The date of issuance of a building permit for new construction
or substantial improvements, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site such as the pouring of a slab or footings, the installation
of piles, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
That portion of a building included between the surface of
a floor and the ceiling next above it.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action, or which is 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; and includes all of the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas, and
other areas within the street lines.
Objects constructed or placed out-of-doors and above ground,
in or along streets, sidewalks, plazas, and other outdoor spaces open
to, and used by, the public. The term "street furniture" shall include,
but not by way of limitation, outdoor seating, kiosks, bus shelters,
sculpture, tree grids, trash receptacles, ashtrays, planters, fountains,
newspaper boxes, lighting poles and fixtures and telephone booths.
The outside edge of the street or street right-of-way from
which front yard setbacks shall be measured, provided that an alley
shall not be considered a street for the purposes of measuring required
front yard setbacks unless the alley provides the only means of access
to the lot.
Any activity which removes or disturbs the vegetative surface
cover including clearing and grubbing operations.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of land.
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:
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts, or parcels
of land, owned by the same person or persons, all of which are found
and certified by the Administrative Officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the Tax Map of the Borough.
The term "subdivision" shall also include the term "resubdivision."
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the start of construction of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
Those pools which are not permanently installed, do not require
water filtration, circulation and purification, do not exceed 18 inches
in depth below grade nor 30 inches in depth above grade, do not exceed
a water surface area of 40 square feet, and do not require braces
or supports.
A body of water, artificially constructed, in whole or part,
whether located above or below the ground, and whether permanently
constructed or portable, having a depth of more than 18 inches below
grade at any point or of more than 30 inches above grade and/or a
water surface of 40 square feet or more, designed and maintained as
an accessory use on a residential lot for swimming and bathing purposes
by the members of the household and their guests, and including all
accessory buildings, structures and equipment.
Either outdoor or indoor pools which are artificially constructed
to provide recreational facilities for swimming, bathing or wading.
Artificially constructed pools not designed or used for swimming
and having a maximum water depth of 18 inches whether above or below
grade.
A facility that offers samples of beer, spirits or wine as
well as sales of said product. However, there is no on-site production.
[Added 6-5-2019 by Ord.
No. 834]
One attached dwelling unit in a line of three or more such
dwelling units having a common or party wall meeting fire wall construction
standards separating the unit from any adjoining unit. Each one-family
unit may have one or two stories, but nothing in this definition shall
be construed to include a building with one dwelling unit located
over or under another.
A vehicle or container that can be temporarily affixed to
a vehicle and transported, designed and constructed for human occupancy
and/or materials storage and not installed on a permanent foundation
as defined at N.J.S.A. 40:55D-102h.
The specific purpose for which a parcel of land or a building
or a portion thereof is used.
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-60, 70c or 70d to permit a use
or construction otherwise prohibited by this chapter.
Any natural or artificial waterway, 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 which has a definite channel, bed
and banks, and including any area adjacent thereto subject to inundation
by reason of overflow of floodwater.
An area that is inundated or saturated by surface or groundwater
at a frequency and for a duration sufficient to support, and that
under normal circumstances does support, vegetation typically adapted
for life in saturated soil conditions, and that is identifiable a
such by any one of three parameters: soils, vegetation or hydrology.
The open space lying between a lot line and the closest point
of any building on the lot which is unoccupied and unobstructed from
the ground upward, except as herein permitted.
The yard extending across the full width of the lot between
the street line and the closest point of the building. The depth of
the front yard shall be measured horizontally and at right angles
to either a straight street line or the point of tangent of curved
street lines. The minimum required front yard depth shall be the same
as the required front setback. A yard abutting an alley shall not
be considered a front yard for the purposes of measuring required
front yard setbacks unless the alley provides the only means of access
to the lot.
The yard extending across the full width of the lot between
the rear lot line and the closest point of the building. The depth
of the rear yard shall be measured horizontally and at right angles
to either a straight rear lot line or the point of tangent of curved
rear lot lines. The minimum required rear yard depth shall be the
same as the required rear setback.
The yard extending from the back of the front yard to the
front of the rear yard between a side lot line and the closest point
of the building. The width of the required side yard shall be measured
horizontally and at right angles to either a straight side lot line
or the point of tangent of curved side lot lines. The minimum required
side yard width shall be the same as the required side setback.
The Planning Board of the Borough of Frenchtown acting in
the statutory capacity of a Zoning Board of Adjustment with the Class
I and Class III members of the Planning Board not participating in
the consideration of applications which involve relief pursuant to
N.J.S.A. 40:55D-70d.
The municipal official designated by the governing body to
enforce the provisions of the Land Use Ordinance and to issue zoning
permits.
A document issued upon application to the Zoning Officer, without
charge, which application shall be made prior to the first of the
following to occur:
The commencement of any use or the reoccupancy of any premises;
The filing of an application for site plan, minor subdivision,
preliminary major subdivision, conditional use and/or variance approval(s);
or
The issuance of a construction permit for the erection, construction,
reconstruction, alteration, conversion or installation of any structure
or building.
An application for a zoning permit shall also be required prior
to the issuance of a sign permit but not prior to an application to
the Board for approval of a sign. The issuance of a zoning permit
acknowledges that such use, structure or building complies with the
provisions of this chapter or the terms of any variance therefrom
granted by the Planning/Zoning Board of Adjustment. The Zoning Permit
shall be signed by the Zoning Officer.
[1]
Editor's Note: Said statute was repealed 5-1-2012 by L.2011,
c. 217, § 2.
