This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic and other natural and
man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of the Township of Aberdeen does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements;
To encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
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;
To encourage senior citizen community housing construction;
To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land; and
To promote 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.
[Ord. No. 20-1982; Ord. No. 6-1984; Ord. No.
8-1985; Ord. No. 11-1985; Ord. No. 20-1987; Ord. No. 6-1988; Ord. No.
1-1991; Ord. No. 18-1996; Ord. No. 5-2007 §§ 1,2]
For the purpose of this chapter, certain phrases and words are
herein defined as follows: words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the word "plot" and "premises"; the
word "building" includes the word "structure", "dwelling" or "residence";
the word "shall" is mandatory and not discretionary. Any word or term
not defined herein shall be used with a meaning as defined in Webster's
Third New International Dictionary of the English Language, unabridged
(or latest edition). Moreover, whenever a term is used in this Ordinance
which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless
specifically defined to the contrary in this Ordinance.
ACCESSORY BUILDING, STRUCTURE OR USE
shall mean a building, structure or use which is customarily
associated with and is subordinate and incidental to the principal
building, structure or use and which is located on the same lot therewith.
An accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
ADMINISTRATIVE OFFICER
shall mean the Construction Code Enforcement Official of
the Township of Aberdeen, Monmouth County, New Jersey.
AFFORDABLE, RENTAL
shall mean all shelter costs including utilities shall not
exceed thirty (30%) of gross income.
AFFORDABLE, SALES
shall mean mortgage payments, property taxes, insurance and
homeowners' association fees shall not exceed twenty-eight (28%) percent
of gross income.
AMUSEMENT ARCADE
shall mean a building or portion thereof used to house small
rides for children and young adolescents, electronic video games,
pinball and/or virtual reality games, indoor miniature golf and/or
amusement games of skill and chance.
APPLICATION FOR DEVELOPMENT
shall mean the application form and all accompanying documents
required by this Ordinance for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
BASEMENT
shall mean that portion of a building partly below and partly
above grade, where the ceiling averages four (4) feet or more than
four (4) feet above the finished grade where such grade meets the
outside walls of the building.
BEDROOM
shall mean a room planned or used primarily for sleeping
accessible to a bathroom without crossing another bedroom or living
room.
BILLBOARD
shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes other than
on a building or its grounds, giving 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.
BODY SHOP
shall mean the land and buildings designed and used for the
structural and/or cosmetic repair of passenger, farm or commercial
vehicles. Body shops, as independent uses, are prohibited in all districts
of the Township.
BUILDING
shall mean any structure or portion thereof having a roof
supported by such things as columns, posts, piers or walls and intended
for the shelter, business, housing or enclosing of persons, animals
or property.
BUILDING COVERAGE
shall mean the square footage or other area measurement by
which all buildings occupy a lot as measured on a horizontal plane
around the periphery of the foundations and including the area under
the roof of any structure supported by columns but not having walls
(such as porches, etc.), as measured around the outside of the outermost
extremities of the roof above the columns.
BUILDING HEIGHT
shall mean the vertical distance measured to the highest
point from the average elevation of the finished grades at the foundation
along all sides of the building, provided that if the finished grade
is higher than the pre-development grade at any point beneath the
building, then the building height shall be measured from an elevation
no higher than one (1) foot above the highest point of the pre-development
grade beneath the building. In all cases where this chapter provides
for height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories within said footage.
CAMPER
shall mean:
a.
A self-propelled, vehicular structure built as one (1) unit
on a chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses and which contain cooking, sleeping
and sanitary facilities.
b.
An immobile structure containing cooking and sleeping facilities
and used for travel, recreation, vacation or other short-term use
and designed to be attached to the body of another vehicle for transporting
from one (1) location to another.
CELLAR
shall mean that portion of a building partly or wholly below
grade, where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
CHANNEL
shall mean a natural or man-made depression or perceptible
extent with a definite bed and banks to confine and conduct flowing
water either continuously or periodically.
CHURCH
shall mean for the purposes of this chapter, any house of
worship associated with a religious organization including but not
limited to a meeting house, synagogue, mosque or temple.
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
shall mean a development technique based on a gross dwelling
unit density for the entire tract in the zoning district in which
it is located and allowing the lot size for detached dwellings to
be reduced or individual segments to have higher densities so long
as the gross density is not exceeded.
COMMON OPEN SPACE
shall mean an open space area within or related to a site
designated as a development and designed and intended for the use
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.
COMMON PROPERTY
shall mean a parcel or parcels of land or an area of water
or a combination of land and water, together with the improvements
thereon, and designed and intended for the ownership, use and enjoyment
shared by the residents and owners of a development. Common property
may contain such complementary structures and improvements as are
necessary and appropriate for the benefit of the residents and owners
of the development.
CONDITIONAL USE
shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter, and upon the issuance of an
authorization therefor by the Planning Board.
CONDOMINIUM
shall mean an apartment or townhouse building(s) where each
dwelling unit is individually owned by respective housekeeping units
while common property is collectively owned and maintained by all
residents of the building(s).
CRITICAL AREAS
shall mean: 1) any land having a topographic slope of fifteen
(15%) percent grade or greater; and/or 2) any land which lies within
a one hundred (100) year flood plan; and/or and wetlands.
DENSITY
shall mean the permitted number of dwelling units per gross
area of lot to be developed.
DEVELOPMENT
shall mean the division of a parcel of land into two (2)
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or any mining, excavation or landfill, and any use or change in use
of any building or other structure or land or extension of use of
land, for which permission may be required.
DWELLING
shall mean a structure or portion thereof which is used exclusively
for human habitation.
DWELLING, MULTI-FAMILY
shall mean a dwelling containing more than two (2) dwelling
units that may be located on top of each other.
DWELLING, SINGLE-FAMILY DETACHED
shall mean a dwelling which is designed for and occupied
by not more than one (1) family and surrounded by open space or yards
and which is not attached to any other dwelling by any means.
DWELLING, TOWNHOUSE
shall mean a one (1) family dwelling in a row of at least
three (3) such units in which each unit has its own front and rear
access to the outside, no unit is located over another unit, and each
unit is separated from any other unit by a fire resistant wall.
DWELLING UNIT
shall mean a room or series of connected rooms designed for
permanent residency containing living, cooking, sleeping and sanitary
facilities for one (1) housekeeping unit. The dwelling unit shall
be self-contained and shall not require passing through another dwelling
unit or other indirect route(s) to get to any other portion of the
dwelling unit, nor shall there be shared facilities with another housekeeping
unit.
FARM
shall mean a lot of at least five (5) acres, excluding residential
structures and grounds, gainfully used for the growing and harvesting
of crops and/or the raising, breeding and training of livestock, including
truck and fruit farms, nurseries and greenhouses, dairies and livestock
produce, except that poultry farms and commercial piggeries are prohibited
absolutely in all zone districts within the Township, and containing
buildings normally incidental to farming such as: barns, packing,
grading and storage buildings for produce raised on the premises,
except that commercial processing of produce (such as cooking, freezing
or canning) shall not be permitted; buildings for keeping of permitted
livestock; and garages for the keeping of equipment and trucks used
in farm operations.
FIRST FLOOR AREA
shall mean the area of the first floor as calculated measuring
the outside dimensions of the building containing only the residential
portion of a dwelling unit and excluding the areas of basements, garages,
carports and breezeways. For a split-level, bi-level or tri-level
dwelling, the area shall be considered to be the sum of the areas
of two (2) adjoining levels, excluding basements and garages, provided
both levels are connected by permanent, built-in stairs in the interior
of the building.
FLOOD FRINGE
shall mean the area between the floodway and the limits of
the flood plain as delineated by the Federal Emergency Management
Agency.
FLOOD HAZARD AREA
shall mean the floodway and the portions of the flood fringe
which comprise the flood plain.
FLOOD PLAIN
shall mean the area of the flood hazard around brooks, creeks,
rivers, streams, and tidal areas which have been delineated by the
Federal Emergency Management Agency.
FLOODWAY
shall mean the channel and portions of the flood hazard area
adjoining the channel which are reasonably required to carry and discharge
the flood water for based flood.
GOLF COURSE
shall mean an area of fifty (50) or more contiguous acres
and containing a full-size professional golf course at least nine
(9) holes in length, each hole not less than three (3) par, together
with the necessary accessory uses and structures, such as club houses
and dining and refreshment facilities, provided the operation of such
is incidental and subordinate to the operation of the golf course.
GRADE
shall mean the slope of a road, path, driveway, swale or
other surface or the average finished ground elevation adjoining a
building at project completion.
GROSS FLOOR AREA (G.F.A.)
shall mean the planned projection of all roofed areas on
a lot multiplied by the number of full stories under each roof section,
provided that the area under any roof overhang of four (4) feet or
less and/or any under roof parking area shall not be included in the
G.F.A. calculation. Basements which satisfy applicable construction
definitions of habitable space are included in the G.F.A. for residential
uses.
GROSS TRACT AREA
shall mean the total area included within the property lines
of the lot(s) or parcel(s).
HOME PROFESSIONAL OFFICE
shall mean an office maintained in a residential district and incidental to and part of the residential detached dwelling on the lot. Such office shall be conducted solely by resident occupants of the detached dwelling, except that no more than one (1) person not a resident of the building may be employed on the premises at the same time, and provided also that no more than four hundred (400) square feet or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purpose; that the gross floor area for the residence shall remain at least as large as that required in Section
25-4 for a detached dwelling; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the professional office does not reduce the parking and yard requirements of the detached dwelling; and that there is no exterior evidence of the professional office other than one (1) unlighted or white lighted-from-within nameplate sign identifying the home office. The sign shall not exceed two (2) square feet in area and shall be attached flat against the building or free-standing (if free-standing, no higher than six (6) feet and set back from all lot lines ten (10) feet). For purposes of this Ordinance, professional home offices shall be limited to those of a doctor, chiropractor, podiatrist, osteopath, psychologist, dentist, optometrist, optician, engineer, architect, planner, lawyer or accountant. Home professional offices shall be located on arterial or collector roads.
HOUSEKEEPING UNIT
shall mean one (1) or more persons living together in one
(1) dwelling unit on a non-seasonal basis and sharing living, sleeping,
cooking and sanitary facilities on a non-profit basis.
INTERESTED PARTY
shall mean in the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this law or whose rights to use, acquire or enjoy
property under this law or any other law of this state or of the United
States have been denied, violated or infringed by an action or a failure
to act under N.J.S.A. 40:55D-1 et seq.
LIVESTOCK
shall mean domestic animals and fowl including horses, cows,
ponies, and other farm animals but not including dogs, cats or other
animals customarily confined to the residential dwelling. The raising
and keeping of livestock on other than a farm as defined herein is
prohibited in all districts.
LOADING SPACE
shall mean 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 with fifteen (15) feet of vertical
clearance.
LOT
shall mean any parcel of land legally separated from other
parcels or portions as by a subdivision plat or deed of record, survey
map, or by metes and bounds. No portion of a street shall be included
in calculating the lot boundaries or areas.
LOT AREA
shall mean the area contained within the lot lines of a lot
but not including any portion of a street right-of-way.
LOT, CORNER
shall mean a lot on the junction of and abutting two (2)
or more intersecting streets, where the interior angle of intersection
does not exceed one hundred thirty-five (135) degrees. All corner
lots are considered to have two (2) front yards, one (1) side yard
and one (1) rear yard. Either street frontage which meets the minimum
frontage requirements for that zone may be considered the lot frontage.
LOT, COVERAGE
shall mean the square footage or other area measurement by
which all buildings and impervious surfaces cover a lot as measured
in a horizontal plane to the limits of the impervious area(s). All
surfaced parking areas and all required parking areas which are permitted
to remain unsurfaced shall be included in the computation of lot coverage.
LOT, DEPTH
shall mean the shortest distance measured on a horizontal
plane between the front lot line and a line drawn parallel to the
front lot line through the midpoint of the rear lot line.
LOT, FRONTAGE
shall mean the horizontal distance between the side lot lines
measured along the street line. The minimum lot frontage shall be
the same as the lot width, except that on curved alignments with an
outside radius of less than five between the side lot lines measured
at the street line shall not be less than seventy-five (75%) percent
of the required minimum lot width unless a lesser frontage is specified
in this chapter.
LOT LINE
shall mean any line forming a portion of the exterior boundary
of a lot and the same line as the street line for that portion of
a lot abutting a street.
LOT, WIDTH
shall mean the straight and horizontal distance between side
lot lines at setback points on each side lot line measured an equal
distance from the street line. The minimum lot width shall be measured
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than seventy-five (75%) percent of the minimum lot frontage
for the zoning district in which the lot is located unless a lesser
width is specified in this Ordinance.
MAINTENANCE BOND
shall mean any security acceptable to the governing body
to assure the maintenance of duly approved improvements installed
by the developer after the final acceptance of the improvement and
in accordance with this Ordinance.
MAJOR SUBDIVISION
shall mean any subdivision of land not classified as a minor
subdivision.
MASTER PLAN
shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the Planning Board.
MEAN ELEVATION
shall mean the average of the ground level measurements computed
at the four (4) extreme corner points of any existing or proposed
building.
MINOR SUBDIVISION
shall mean any subdivision of land for the creation of not more than three (3) lots (two (2) new lots and the remaining parcel), each fronting on an existing street or streets, and not involving 1) a planned development, 2) any new street, 3) the extension of any off-tract improvement, the cost of which is to be prorated to subsection
25-9.3 of this chapter, or 4) not being a further division of an original tract of land for which previous subdivision(s) have been approved by the Township within the past two (2) years from the date of the current application for subdivision and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision. The original tract of land shall be considered any tract in existence at the time of adoption of this amendment as shown on the Township tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision for purposes of the application submission and review requirements specified in subsection
25-8.3 of the Land Development Chapter.
MUNICIPAL AGENCY
shall the Planning Board, Board of Adjustment or governing
body, or any agency created by or responsible to one (1) or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1, et seq.
NET HABITABLE FLOOR AREA (N.H.F.A.)
shall mean the finished and heated area fully enclosed by
the inside surfaces of walls, windows, doors and partitions and having
a headroom of at least six and one-half (6 1/2) feet including
working, living, eating, cooking, sleeping, stair, hall, service and
storage areas, but excluding garages, carports, parking spaces, cellars,
half-stories and unfinished attics and basements.
NON-CONFORMING BUILDINGS OR STRUCTURES
shall mean a building or structure which, in its location
upon a lot or in its size, does not conform to the regulations of
this Ordinance for the zone in which it is located.
NON-CONFORMING LOT
shall mean a lot of record which does not have the minimum
width, frontage or depth or contain the minimum area for the zone
in which it is located.
NON-CONFORMING USE
shall mean a use occupying a building, structure or lot which
does not conform with the use regulations for the zone in which it
is located.
OFF-SITE
shall mean 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 contiguous portion of a street
or right-of-way.
OFF-TRACT
shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
ON SITE
shall mean located on the lot in question, even if the lot
contains more than one principal use or structure.
ON-TRACT
shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
OPEN SPACE
shall mean any parcel or land area 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,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land, and provided further
that no portion of the required open space shall include any street
right-of-way.
OPEN SPACE ORGANIZATION
shall mean an incorporated, non-profit association operating
in a Cluster Single Family Residential Development, fee simple townhouse
development or other development containing common elements, under
recorded land agreement through which a) each owner is automatically
a member; b) each occupied dwelling unit is automatically subject
to a charge for a proportionate share of the expenses for the association
activities and maintenance, including any maintenance costs levied
against the association by the Township; and c) each owner and tenant
has the right to use the common property.
PARKING SPACE
shall mean an area not less than nine (9) feet wide by twenty
(20) feet in length, either within a structure or in the open, for
the parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that the length of a parking
space may be reduced to eighteen (18) feet in length, subject to approval
by the Board in those instances where a two (2) foot overhang area
exists beyond a curb or where such overhang does not interfere with
any proposed and/or required landscaping. Moreover, nothing shall
prohibit private driveways for single-family detached dwelling units
from being considered off-street parking areas, provided that no portion
of such driveway is situated within the right-of-way line of the street
intersected by such driveway. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the parking space to the access aisle or driveway.
PERFORMANCE GUARANTEE
shall mean any security in accordance with the requirements
of this chapter which may be accepted in lieu of a requirement that
certain improvements be made including performance bonds, escrow agreements
and other similar collateral or surety agreements.
PERMITTED USE
shall mean any use of land or buildings as permitted by this
chapter.
PLAT
shall mean the map of a subdivision or site plan and is used
interchangeably in this chapter with "Plan" and "Site Plan".
a.
SKETCH PLATshall mean the sketch map of a subdivision or site plan submitted at the request of the applicant for the purpose of informal discussion.
b.
PRELIMINARY PLATshall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Zoning Board of Adjustment for consideration and preliminary approval and which meets all of the requirements of Section
25-8 of this chapter.
c.
FINAL PLATshall mean the final map of all or a portion of the subdivision or site plan which is presented to the Planning Board or Zoning Board of Adjustment for final approval in accordance with this chapter and which meets all of the requirements of Section
25-8 of this chapter.
PRINCIPAL USE
shall mean the main purpose for which a lot or building is
used.
PUBLIC PURPOSE USES
shall mean the use of land or buildings by the governing
body of the Township or any officially created authority or agency
thereof.
PUBLIC UTILITY
shall mean any utility which is privately owned and duly
regulated by the Public Utilities Commission or owned by a public
agency.
RESIDENTIAL AGRICULTURE
shall mean the growing and harvesting of plant life for the
enjoyment of the residents on the property and not primarily for commercial
purposes. Seasonal fruit and vegetable stands are permitted under
this definition provided such stands meet all applicable accessory
building setback (side and rear) and coverage requirements and are
set back from the front street line at least twenty (20) feet. Seasonal
stands may not exceed ten (10) feet in height.
RESTAURANT
shall mean any establishment, however designated, at which
food is sold for consumption on the premises. However, a snack bar
or refreshment stand at a public or community swimming pool, playground,
golf course, playfield or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN
shall mean any restaurant, refreshment stand, snack bar,
dairy bar, hamburger stand or hot dog stand where food is served primarily
for consumption at counters, stools or bars outside the building or
primarily for consumption in automobiles parked on the premises, whether
brought to said automobiles by the customer or by employees of the
restaurant, regardless of whether or not additional seats or other
accommodations are provided for customers inside the building. All
such drive-in restaurants and refreshment stands are specifically
prohibited in all districts.
RESUBDIVISION
shall mean the further division of a lot or the adjustment
of a lot line or lines.
RESUBMISSION OF APPROVED PLAT
shall mean the submission of a plat for which minor subdivision,
preliminary subdivision or final subdivision approval was previously
granted but for which the original approval has expired due to failure
to record or, in the case of a preliminary approval, failure to apply
for final approval or for sufficient extensions of the preliminary
approval. The resubmission of an approved plat in no way binds the
Board to approve the plat as submitted.
SERVICE STATION
shall mean lands and buildings providing for the sale of
fuel, lubricants and automotive accessories and maintenance and minor
repairs for motor vehicles, excluding body repairs or painting or
the storage of permanently inoperable or wrecked vehicles.
SETBACK LINE
shall mean a line drawn parallel with a street line or lot
line and drawn through the point of a building nearest to the street
line or lot line. The term "required setback" means a line that is
established a minimum horizontal distance from the street line or
the lot line and beyond which a building or part of a building is
not permitted to extend toward the street line or lot line.
SHOPPING CENTER
shall mean a group of commercial establishments built on
one (1) tract that is planned, developed, owned and managed as an
operating unit. It provides on-site parking in definite relationship
to the type and total size of the stores. The commercial establishments
may be located in one (1) or several buildings, attached or separated.
SIGHT EASEMENT AT INTERSECTION
shall mean a triangular shaped area established in accordance
with the requirements of this chapter in which no grading, planting
or structure shall be erected or maintained, except for street signs,
fire hydrants and light standards.
SIGN
shall mean any structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia is used to advertise or promote the interest of any person
or produce when the same is placed in view of the general public.
SITE PLAN
shall mean a plan for the specific development of a lot or
lots on which is shown (1) the existing and proposed conditions of
the lot including, but not necessarily limited to topography, vegetation,
drainage, flood plains, marshes and waterways, (2) the location of
all existing and proposed buildings, drives, parking spaces, means
of ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting, screening devices, and (3) any other
information which may be reasonable and necessary to make an informed
determination on the application.
SITE PLAN EXEMPT
shall mean single family and two (2) family dwellings unless
such dwellings include a home occupation. Building alterations which
do not include a change in use, additional parking at additional building
area shall be exempt. Storage yards for inoperable vehicles, which
are owned or leased by the holder of the Aberdeen Township towing
contract, shall be exempt.
SITE PLAN, MAJOR
shall mean all site plans for new developments and those
site plans not defined as minor or exempt.
SITE PLAN, MINOR
shall mean a development plan of one (1) or more lots which
(1) proposes building alterations of an existing use, and/or less
than five (5) additional parking spaces, and/or less than five hundred
(500) additional square feet of floor area, and/or a total of not
more than ten percent (10%) additional lot coverage; (2) does not
involve any planned development, any new street or extension of any
off-tract improvement which is prorated between the Township and the
developer; and (3) contains the information reasonably required to
make a determination as to whether the requirements established for
approval of a minor site plan had been met.
SITE PLAN REVIEW
Whenever the term "site plan approval" is used in this chapter,
it shall be understood to mean a requirement that the site plan be
reviewed and approved by the Board.
STORY
shall mean that portion of a building included between the
upper surface of any floor and the upper surface of the next floor
above it or, if there is no floor above it, then the surface between
the floor and the ceiling next above it. For the purposes of this
chapter:
a.
The interior of the roof shall not be considered a ceiling;
rather, the underside of the highest horizontal surface separating
the area above from the remainder of the structure below shall be
considered the ceiling;
b.
A half-story is the area under a pitched roof at the top of
a building, the floor of which is at least four (4) feet, but no more
than six (6) feet below the plate; and such half-story shall not be
used for nonresidential uses;
c.
The area under a pitched roof at the top of a building shall
be considered a full-story for the purpose of this chapter when the
floor area of said area occupies fifty (50%) percent or more of the
total floor area of the story directly beneath it with a head room
of six (6) feet or more and has access via walk-up stairs from the
floor below; and
d.
Cellars and basements shall not be considered stories when considering
the height of a building except, however, that:
1.
A finished basement and/or cellar in nonresidential buildings
shall be considered a story for the purposes of calculating the number
of stories, floor area and parking requirements of this chapter unless
used solely for ancillary storage and/or the housing of mechanical
equipment; and/or
2.
A basement, whether finished or not, shall be considered a "story"
when the distance from grade to the finished surface of the floor
above the basement is more than six (6) feet for more than fifty (50%)
percent of the total perimeter of the building.
STREET
shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing state, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Land Use Law R.S. 40:55D-1 et seq. or any prior act
authorizing approval or a street or way on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines.
STREET LINE
shall mean the edge of the existing or future street right-of-way,
whichever would result in the widest right-of-way, as shown on the
adopted Master Plan or Official Map, forming the dividing line between
the street and a lot.
STRUCTURE
shall mean anything constructed, assembled or erected which
requires location on the ground or attachment to something having
such location on the ground. The term structure shall be taken to
include building, fence, tank, tower, sign, advertising device, swimming
pool or tennis court.
SUBDIVISION
shall mean the division of a lot, tract or parcel of land
into two (2) or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
1) divisions of land found by the Planning Board or Subdivision Committee
thereof, appointed by the Chairman, to be of agricultural purposes
where all resulting parcels are five (5) acres or larger in size;
2) divisions of property by testamentary or intestate provisions;
3) divisions of property upon court order including but not limited
to judgments or foreclosure; 4) consolidation of existing lots by
deed or other filed plat; and 5) the conveyance of one (1) 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 this chapter and are shown
and designated as separate lots, tracts or parcels on the Tax Map
of the Township of Aberdeen. The term "subdivision" shall also include
the term "resubdivision."
SUPERMARKET
shall mean a retail establishment selling groceries and related
household goods and having at least three thousand five hundred (3,500)
square feet of gross floor area.
SWIMMING POOL, PORTABLE
shall mean those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed eighteen (18) inches in depth; do not exceed a water surface area of one hundred (100) square feet; and do not require braces or supports. Portable pools shall not be subject to the requirements for private residential swimming pools set forth in Section
25-2 of this chapter.
SWIMMING POOL, PRIVATE RESIDENTIAL
shall mean and include artificially constructed pools, whether
located above or below the ground, having a depth of more than eighteen
(18) inches and/or a water surface of one hundred (100) square feet
or more; designed and maintained for swimming and bathing purposes
for use by members of a household and guests; located on a lot as
an accessory use to a detached dwelling; and shall include all buildings,
structures, equipment and appurtenances thereto.
SWIMMING POOL, PUBLIC
shall mean any pool, other than that classified as a private
residential or portable swimming pool, designed to be used collectively
by persons for swimming and bathing purposes, including pools designed
as part of any apartment or townhouse development or neighborhood
or community organization.
TOWNHOUSE
shall mean one (1) building containing at least three (3)
connected dwelling units, where each dwelling unit is compatibly designed
in relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials, and other
design features, singularly or in combination.
TOWNSHIP
shall mean Township of Aberdeen, Monmouth County, New Jersey.
TRACT
shall mean an area of land composed of one (1) or more lots
adjacent to one another and having sufficient dimensions and area
to make one (1) parcel of land meeting the requirements of this chapter
for the use(s) intended.
TRAVEL TRAILER
shall mean a vehicular, portable structure built on a chassis
and designed as a temporary dwelling for travel, recreation, vacation
and other short-term uses and having an outside body width not exceeding
eight (8) feet and a length not exceeding thirty (30) feet and which
may contain cooking, sleeping and sanitary facilities.
YARD, FRONT
shall mean an open space extending across the full width
of the lot and lying between the street line and the closest point
of any building on the lot. The depth of the front yard shall be measured
horizontally and at right angles to either a straight street line
or the tangent line of curved street lines. The minimum required front
yard depth shall be the same as the required setback.
YARD, REAR
shall mean an open space extending across the full width
of the lot and lying between the rear lot line and the closest point
of the principal building on the lot. The depth of the rear yard shall
be measured horizontally and at right angles to either a straight
rear lot line or the tangent of curved rear lot lines. The minimum
required rear yard depth shall be the same as the required setback.
YARD, SIDE
shall mean an open space extending from the front yard to
the rear yard and lying between each side lot line and the closest
point of the principal building on the lot. The width of the required
side yard shall be measured horizontally and at right angles to either
a straight side line or the tangent lines of curved side lot lines.
For the purpose of this subsection, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
coastal planning areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this subsection.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
1.
A county planning agency; or
2.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The 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 as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
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.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
1.
Treating stormwater runoff through infiltration into subsoil;
2.
Treating stormwater runoff through filtration by vegetation
or soil; or
3.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
An individual "development," as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004 or creates one quarter
acre or more of new impervious area. Major development includes all
developments that are part of a common plan of development or sale
(for example, phased residential development) that collectively or
individually result in the disturbance of one or more acres of land
since February 2, 2004. Projects undertaken by any government agency
that otherwise meet the definition of "major development" but which
do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this subsection. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this subsection. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this subsection, provided the design engineer demonstrates to the municipality, in accordance with Subsection
25-5.24.4f of this subsection and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this subsection.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
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, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
1.
A net increase of impervious surface;
2.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
3.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
4.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
1.
The total area of motor vehicle surface that is currently receiving
water;
2.
A net increase in motor vehicle surface; and/or
3.
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
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.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
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 nonstormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
1.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), designated centers, cores or nodes;
2.
Designated as CAFRA centers, cores or nodes;
3.
Designated as Urban Enterprise Zones; and
4.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or 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."