This chapter shall be known as "The Land Use and Development
Ordinance of the Borough of High Bridge - 2005."
The purpose of this chapter is to establish rules, regulations,
standards and procedures for the nature and extent of the uses of
land and of buildings and structures thereon and for the review of
all developments in the Borough. It is enacted pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) in order to promote the public
health, safety, morals and general welfare. This chapter is intended
to:
A.
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.
B.
Preserve the existing natural resources and historical and aesthetic
assets of the Borough and give proper consideration to the physical
constraints of the land to ensure safety from fire, flood, panic and
other natural disasters.
C.
Provide for safe and efficient vehicular, bicycle and pedestrian
circulation.
D.
Provide for appropriate screening, landscaping, signage and lighting.
E.
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.
F.
Ensure the provision of adequate water supply and water quality,
drainage and stormwater management, sanitary facilities and other
utilities and services.
G.
Provide for appropriate recreation, open space and public use areas.
H.
Promote the public health, safety, morals, convenience and general
welfare of the citizens of the Borough.
I.
Establish a pattern for the use of land and buildings in the Borough
within zoning districts and regulate the uses of the land and the
uses and locations of buildings within these zoning districts.
J.
Regulate the nature and extent of the use of land and structures
for trade, industry, residency, open space and/or other purposes.
K.
Regulate the bulk, height, number of stories and size of buildings
and other structures; the percentage of lot or development area that
may be occupied by structures; lot sizes and dimensions.
L.
Avoid conflicts with the development and welfare of neighboring municipalities,
the county and the state as a whole.
M.
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions, and the preservation of the
environment.
N.
Provide sufficient space in appropriate locations for agricultural,
residential, recreational, commercial and industrial uses and open
space.
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 VI of this chapter.
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 and located on the same lot as the principal use. 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, with the exception
of open decks without walls and/or a roof.
The Planning Board Secretary or the Zoning Officer, as designated
in this chapter.
A dwelling unit with a sale price or rent within the means
of a low- or moderate-income household as defined in Subchapter 12,
Controls on Affordability, of the Substantive Rules of the New Jersey
Council on Affordable Housing.
One or more persons designated to represent the applicant
before the Board.
The use of land for the growing and harvesting of crops and/or
the raising and breeding of animals including: truck farms, livestock
farms, dairy farms, poultry husbandry, fruit farms and nurseries;
greenhouses, barns, silos, stables, storage buildings, buildings for
the keeping of poultry and livestock; and garages for the keeping
of equipment and trucks used in farm operations; and the packing but
not processing of produce raised on the premises.
Minor ways that are nonpublic thoroughfares; are used primarily
for vehicular access to the back or the side of multiple properties
otherwise abutting on a street; and are shown on the Tax Map or the
Official Map of the Borough. Alleys are not driveways.
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 height or
removal from one location or position to another, or a change in the
use of the space to a more intensive use, such as a change of storage
space to office, retail or manufacturing use, or change from residential
to nonresidential use. 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 and egress or similar changes requiring
review by the Planning Board.
Any commercial establishment engaged in the cultivation and/or
distribution of medical marijuana, including cannabis-derived oils,
tinctures, and lotions; and related paraphernalia.
[Added 3-8-2018 by Ord.
No. 2018-007]
A room or suite of connected rooms on a single floor designed
or used for occupancy as a single dwelling unit by one family in a
building having a total of two or more such dwelling units.
A request for a review of an administrative interpretation
of any provision of this chapter or of a request for a variance.
The legal or beneficial owner or owners of a lot or any land
to be included in a proposed development, including the holder of
an option, or contract to purchase, or other person having an enforceable
proprietary interest in such land. 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 the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 and 40:55D-35.
The Borough Planning Board unless a different municipal agency
is designated in the text of this chapter or has the power of review,
approval, or other action, when acting pursuant to the authority of
the Municipal Land Use Law,[1] in which case it shall be that municipal agency.
The disassembly, reassembly, repair, replacement or painting
of any component of a motor vehicle not directly related to the engine,
power train, exhaust system, electrical system, interior passenger
compartments, glass, mirrors, brakes, suspension or tires. These or
similar activities shall only be permitted as an accessory use to
a service station or automobile dealership.
Any business establishment whose primary activity is the
sale of new or used cars, trucks, farm machinery, construction equipment
and/or recreational vehicles. The sale of parts, the undertaking of
mechanical repairs and/or body work, and the painting and/or washing
of vehicles are permitted accessory uses to the sale of automobiles
as a principal use.
The area of a building with a floor that is below ground
level where at least 50% of the floor-to-ceiling height on all sides
is below ground level, and where the floor-to-ceiling height is not
less than 6 1/2 feet.
Any structure or portion 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.
Refers to the Planning Board of the Borough or the Planning
Board when acting in the capacity of the Board of Adjustment.
The Borough of High Bridge, in the County of Hunterdon, New
Jersey.
The attorney or engineer appointed by the Mayor and approved
by the Borough Council to advise on legal or engineering matters,
respectively.
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 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 that serves to continually restrict a clear
view beyond the "buffer area."
A structure with a roof supported by columns or walls intended
for permanent, temporary, or continuous occupancy or shelter for any
person, animal, equipment or materials.
The total area encompassed by the outer boundary, at ground
level, of the principal building and all accessory buildings.
The square footage or other area measurement of all buildings
which occupy a lot as measured at the ground level around the foundation,
and including the area covered by a permanent roof such as projections
or overhangs greater than four feet. Decks that are four feet or less
off the ground and do not have spaces between the floorboards shall
also be included in the calculation of building coverage.
A line parallel to the street line touching that part of
a building closest to the street, except for projections or overhangs
for stairs, decks, bay windows or roof overhangs of less than four
feet. In the case of a cantilevered or projected section of a building
other than described above, the building line will coincide with the
most projected surface.
The Construction Official or designee or subcode official
who is responsible for the administration and enforcement of the Building
Code.
The permit required by the state statute and regulation thereunder
prior to building construction or alteration.
The structure in which the principal use of the site is conducted.
In any residential district, any dwelling shall be deemed to be the
"principal building" of the lot on which it is located.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells and may transport this
cannabis to other cannabis cultivators or usable cannabis to cannabis
manufacturers, cannabis wholesalers or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivators license.
[Added 3-31-2022 by Ord.
No. 2022-008]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 3-31-2022 by Ord.
No. 2022-008]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishments to another
class of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 Cannabis Distributors
license.
[Added 3-31-2022 by Ord.
No. 2022-008]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturers
license.
[Added 3-31-2022 by Ord.
No. 2022-008]
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) as a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service that may only, with respect to its business operations,
and capacity and quantity of product: 1) employ no more than 10 employees;
2) operate a cannabis establishment occupying an area of no more than
2,500 square feet, and in the case of a cannabis cultivator, grow
cannabis on an area no more than 2,500 square feet, measured on a
horizontal plane, and grow above that plane not higher than 24 feet;
3) possess no more than 1,000 cannabis plants each month, except that
a cannabis distributor’s possession of cannabis plants for transportation
shall not be subject to this limit; 4) acquire each month, in the
case of a cannabis manufacturer, no more than 1,000 pounds of usable
cannabis; 5) acquire for resale each month, in the case of a cannabis
wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof; and 6) acquire for retail sale each month,
in the case of a cannabis retailer, no more than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof.
[Added 3-31-2022 by Ord.
No. 2022-008]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers and sells these
to the consumers from a retail store and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 3-31-2022 by Ord.
No. 2022-008]
Any licensed person or entity that purchases or otherwise
obtains stores, sells, or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 3-31-2022 by Ord.
No. 2022-008]
A governmental acquisition of real property or major construction
project.
A space with less than one-half of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with 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 change from one permitted use to another on a lot or
within a building or structure. A change of use shall require a zoning
permit.
[Amended 7-21-2022 by Ord. No. 2022-025]
Any child-care facility regulated and licensed by the Department
of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.)
A program to care for children approved by the local Board
of Education and operated by the Board or by an approved sponsor in
a public school, before or after regular school hours.
Any house of worship, regardless of religion, which may also
include accessory parish halls and meeting rooms and a clergy's residence
on the same lot.
The New Jersey Council on Affordable Housing.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development, and containing such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
A supervised residence providing food, shelter and guidance
for the developmentally disabled, terminally ill, persons with head
injuries, or victims of domestic violence, as defined at N.J.S.A.
40:55D-66.2, and housing not more than 15 persons, excluding staff.
A submission by an applicant that fully complies with and
includes all of the information required by this chapter for the application
for development.
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
by the Planning Board.
The official designated by the governing body to enforce
the provisions of the Building Code and coordinate the work of the
subcode officials. The Construction Official must be licensed by the
New Jersey Department of Community Affairs.
An authorization for the erection, alteration, or extension
of a structure issued by the Construction Official after a determination
that all applicable Borough requirements have been met.
A machine or vehicle designed for earthmoving or the building
of structures, roads or utilities that is not typically made or licensed
to run on public roads, and vehicles such as dump trucks with a minimum
of eight tons gross vehicle weight. Pickup trucks of less than six
tons gross vehicle weight are not included in this definition.
All lands within the floodway and flood hazard area, or otherwise
the one-hundred-year floodplain, and wetlands and transition areas
as defined by the New Jersey Department of Environmental Protection
at N.J.A.C. 7:13 and 7:7A, respectively; and steep slopes exceeding
15% and four feet in height, as determined by field-verified, topographic
mapping with two-foot contours.
A street with a single means of ingress and egress and having
a turnaround.
Calendar days, including weekend days and holidays.
The permitted number of dwelling units per gross acre of
land including streets, easements and open space portions of a development.
See "applicant."
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, timber harvesting,
silviculture 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 for which permission may be required pursuant to
this chapter.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
by N.J.A.C. 5:93-8 et seq.[2]
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 source 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.
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
source pollution.
Any primary means of vehicular access to residential properties
other than a public street or alley, including, but not limited to,
a private road or right-of-way.
A way providing vehicular access to or on a lot from a public
street, easement or alley.
A street, as defined by this chapter, in which the lanes
for traffic in opposing directions are separated by a median strip,
center island or other form of barrier, the crossing of which is prevented
other than at designated locations.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for a person or number of persons
in a single housekeeping unit, who are living together as a stable
and permanent living unit, being a traditional family unit or the
functional equivalency thereof.
A building containing three or more dwelling units and occupied
or intended for occupancy by three or more families living independently
of one another, each with its own separate living, sleeping, cooking
and sanitary facilities.
A one-family dwelling on a separate lot with open space setbacks
on three sides.
A building containing one dwelling unit only and occupied
or intended for occupancy by one family.
A dwelling unit in a building containing three or more dwelling
units located adjacent to one another in a side-to-side or back-to-back
configuration, but not one unit above another, each separated by vertical,
common, fire-resistant walls and each unit has direct access without
use of a common hallway.
A building containing two dwelling units and occupied or
intended for occupancy by two families living independently of one
another, each with its own separate living, sleeping, cooking, and
sanitary facilities.
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
[Added 3-8-2018 by Ord.
No. 2018-007]
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The value of a property determined by the municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the municipal
Tax Assessor.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A portion of land surface or an area from which earth has
been or shall be removed or 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 excavation
or filling.
One or more persons customarily living together as a single
housekeeping unit. A family is the same as a household.
Any private residence of a family day care provider which
is registered as a family day care home pursuant to the "Family Day
Care Provider Registration Act, 1987"[3] and any amendments thereto, and 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 with at least five acres used solely for agriculture.
A temporary outdoor market at which farmers and artisans
sell fruit, vegetables, meat, cheese, bakery products, plants, prepared
foods, prepared beverages, and the like directly to consumers. "Temporary,"
for purposes of this definition, shall mean the market is conducted
no more than 26 times per calendar year.
[Added 4-28-2022 by Ord.
No. 2022-019]
A building for the purpose of displaying and selling the
produce raised on a farm 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.
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person.
The official action of the Planning 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.
An establishment such as a bank, credit agency, investment
company, broker and dealer of securities and commodities, security
and commodity exchange, insurance agent, and real estate agency.
[Added 7-21-2022 by Ord.
No. 2022-025]
An establishment used for the teaching and practice of dance,
martial arts, aerobics, sports, fitness, and the like. These uses
may, from time to time, hold group events, such as birthday parties.
[Added 7-21-2022 by Ord.
No. 2022-025]
The land on either side of a waterway that is subject to
a one-percent-or-greater chance of flooding in any given year. For
regulatory purposes, the New Jersey Department of Environmental Protection
identifies the flood hazard area as the flood resulting from a one-hundred-year
flood discharge plus 25%.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The flood hazard area resulting from the one-hundred-year
flood and the watercourse that creates it.
The Flood Hazard Area Control Act rules of the New Jersey Department of Environmental Protection (N.J.A.C. 7:13) or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. The local regulations may include the Land Use and Development Ordinance, building codes, health regulations, any special purpose ordinances (such as Chapter 186, Flood Damage Prevention), and other applications of police power in the Borough.
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 of a foot.
The total enclosed floor area of a structure used for residential
purposes or for business or commercial activities. In the case of
the latter, includes customer facilities, showcase facilities, and
storage and sales facilities.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A sale conducted by the owner or occupier of a residential
dwelling of goods or materials owned by the owner or occupier, which
goods and materials are regularly associated with the principal use;
or a sale conducted by a bona fide, not-for-profit, religious, charitable
or civic organization and only if the sale is conducted on property
owned or occupied by said group. All such sales shall be limited to
two consecutive days and not more than one sale during any three-month
period.
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.
The chief legislative body of the municipality. In High Bridge,
this is the Mayor and Common Council.
The inclination of a sloping surface, usually expressed in
percentage terms or the average elevation of land around a building.
The final elevation of all surfaces, including lawns, walks,
and roads, at ground level after development as shown on official
plans or designs relating thereto.
A natural or constructed path, usually broad and shallow
and covered with erosion-resistant grasses, used to conduct surface
water.
Any single-family dwelling used in the placement of children
pursuant to law and recognized as a group home by the Department of
Institutions and Agencies; provided, however, that no group home shall
contain more than 12 children.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A cellar or other floor used only for storage purposes is not a "habitable
floor."
A retail business that sells any type of syringe, needle,
eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia
or appliances designed for or ordinarily used in smoking, testing,
weighing, measuring, injecting, cooking or sniffing marijuana, cocaine,
opium, hashish or other controlled dangerous substances as defined
by N.J.S.A. 24:21-1 et seq.
[Added 3-8-2018 by Ord.
No. 2018-007]
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas, showers, and/or locker rooms. Commonly referred to as a "gym."
[Added 7-21-2022 by Ord.
No. 2022-025]
The vertical distance from the average elevation of the finished
grade around the perimeter of the structure to the highest point of
the structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the 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 preliminarily determined by the Secretary of
the Interior to qualify as a registered historic district;
Individually listed on the state's inventory of historic places;
or
Individually listed on the Borough's inventory of historic places.
A business conducted wholly or in part in a residence or
on a residential lot.
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.
One or more persons living as a single nonprofit housekeeping
unit, whether or not they are related by blood, marriage or otherwise
(see also "family").
The interest-bearing account in which all development fees
will be deposited pursuant to N.J.A.C. 5:93-8.15.[4]
The percentage of a lot which is covered by buildings and
other improvements including, but not limited to, decks, parking areas,
driveways, walkways and bikeways, whether said areas or ways are paved
or graveled, and, with respect to required parking areas, whether
said areas are or will be constructed or merely shown and reserved
on the site plan. The term "impervious surface coverage" is synonymous
with the term "lot coverage." 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 total lot area exclusive of critical areas. For the
purpose of determining impervious surface coverage, areas designed
to allow the infiltration of stormwater such as grass pavers, pervious
pavement, specially designed graveled areas, and other such innovative
methods, shall not be included.
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 approving 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.
A development containing low- and moderate-income units.
The term includes, but is not necessarily limited to, new construction,
the conversion of a nonresidential structure to a residential structure,
and the creation of new low- and moderate-income units through the
substantial rehabilitation of a vacant residential structure.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or outside of 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 by an
action or a failure to act under this chapter.
An introduced species that has become established, grows
aggressively and tends to displace existing, native species, sometimes
forming monocultures, including, but not limited to, those species
on the New Jersey or Pennsylvania Noxious Weed Lists.
The maintaining, raising, feeding, boarding or harboring
of dogs over the age of 16 weeks as a business or commercial enterprise,
or a building or enclosure for same. Kennels are a prohibited use
in all zones in the Borough.
Any ground, soil or earth, including wetlands, drainageways,
and areas not permanently covered by water, and including the improvements
and fixtures on, above or below the surface.
Any solution containing nicotine which is designed or sold
for use with an electronic smoking device.
[Added 3-8-2018 by Ord.
No. 2018-007]
A bottle or other container of liquid, wax, gel, or other
substance containing nicotine, where the liquid or other contained
substance is sold, marketed or intended for use in a vapor product
but does not include containers prefilled and sealed by the manufacturer
and not intended to be opened by the consumer.
[Added 3-8-2018 by Ord.
No. 2018-007]
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.
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 area contained within the lot lines of a lot, excluding
any existing or future street right-of-way or portions thereof. For
residential lots, the minimum lot area required in the zone in which
the lot is located shall be contiguous usable land area.
A circle of a stated diameter, which must be capable of being
inscribed within the lot lines.
The percentage of the lot area that is covered by buildings,
and paved or graveled areas. See "impervious surface coverage."
[Amended 7-21-2022 by Ord. No. 2022-025]
The horizontal distance between the front and rear lot lines,
measured from the midpoint of the front lot line to the midpoint of
the rear lot line. The minimum lot depth for residential lots shall
be provided in a contiguous area located outside of critical areas.
The distance between side lot lines measured along the street
line as defined herein.
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. The term "lot line" is the same as "property line."
The distance between side lot lines as measured at the front
yard setback or at the location of the nearest part of the principal
building.
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°. Such a lot has a front yard on each portion of the
lot that fronts on a street.
Any lot that is not a corner lot.
A household with a gross aggregate household income which
does not exceed 50% of the regional median income, with adjustments
for household size.
Housing that is economically feasible for families whose
income level is categorized as low within the standards promulgated
by the United States Department of Housing and Urban Development.
Any security which may be accepted by the Borough for maintenance of any improvements required by this chapter for a specific period of time, including but not limited to surety bonds, letters of credit as specified in § 145-702D of this chapter, and cash.
An establishment engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as plastics, resins, or liquors.
[Added 7-21-2022 by Ord.
No. 2022-025]
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
An establishment providing support to the medical profession
and patients, such as medical and dental laboratories, blood, banks,
oxygen, and miscellaneous types of medical supplies and services.
[Added 7-21-2022 by Ord.
No. 2022-025]
A household with a gross aggregate household income which
is greater than 50% of the regional median income, but which does
not 80% of said regional median income, with adjustments for household
size.
Housing that is economically feasible for families whose
income level is categorized as moderate within the standards promulgated
by the United States Department of Housing and Urban Development.
A building containing rooms used, rented or hired out to
be occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or within
an accessory building.
The Planning Board, or a governing body of a municipality
when acting pursuant to this act and any agency which is created by
or responsible to one or more municipalities, when such agency is
acting pursuant to N.J.S.A. 40:55D-1 et seq.
A plant that was commonly found in the northern half of New
Jersey prior to the settlement by Europeans. A native plant or vegetative
community is an ecological unit consisting of an assemblage of native
species sharing the same habitat requirements.
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.
Located outside the lot lines of the lot in question, but
within the property, 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.
A map adopted by the governing body by ordinance pursuant
to N.J.S.A. 40:55D-32 et seq.
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 in perpetuity for
public or private use or enjoyment or for the use and enjoyment of
owners, occupants, and their guests 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.
Any lot which is devoted to the parking of automobiles in
return for a fee and which is not directly operated by a use permitted
in the zone in which located.
A storage area provided for the parking of a motor vehicle.
A building or structure that because of fire, flood, explosion,
or other calamity, requires the rebuilding of less than half of its
floor area.
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 Section 7.1 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-12).
Any security which may be accepted by the Borough, including but not limited to surety bonds, letters of credit as specified in § 145-702D of this chapter, and cash.
Any use that is allowed in a specified zoning district under
this chapter.
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
such as, but not limited to, barbershops, dry cleaners, salons, travel
agencies, and funeral services.
[Added 7-21-2022 by Ord.
No. 2022-025]
An area of land with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses all primarily
for the benefit of the residential development.
The duly designated Planning Board of the Borough established pursuant to § 145-601 of this chapter.
The map of a subdivision or survey.
The final map of all or 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
land surveyor in accordance with all of the provisions of the Map
Filing Law.[5]
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 subdivision
approval.
An artificially created water body on a developed lot that
is not intended or maintained for swimming or bathing purposes, is
less than 36 inches deep and less than 50 square feet in water surface
area.
The conferral of certain rights pursuant to the Municipal
Land Use Law[6] prior to final approval after specific elements of a development
plan 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 office of a physician, surgeon, dentist, architect, clergyman,
lawyer, engineer, real estate broker, and insurance broker or other
persons engaged in a similar profession. Where such office is a part
of a residential structure, the restrictions outlined under home occupation
shall apply.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
A building owned by either a governmental entity or by a
nonprofit corporation, and open to the general public.
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.
These uses include telephone dial equipment centers, power
substations, cable television, and other utilities serving the public,
such as sewage treatment plants and water supply and treatment facilities,
but shall exclude dumps and sanitary landfills.
Visible area from a public thoroughfare, public lands or
buildings or navigable waterway.
Potable water supplied only by the High Bridge Water Utility
or its successors.
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 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.
A contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential dwelling units which
have a common or public open space area as an appurtenance.
Design standards for residential development promulgated
by the New Jersey Department of Community Affairs (N.J.A.C. 5:21-1.1
et seq.), as amended; also known as the "RSIS."
An eating establishment catering to seated customers either
indoors or outdoors, excluding any stand-up indoor eating places,
drive-in or drive-through and other such eating places. A restaurant
may also include, as an accessory use, facilities for the sale of
alcoholic or other beverages for on-premises consumption.
An establishment engaged in selling or renting goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 7-21-2022 by Ord.
No. 2022-025]
The land and space required on the surface, subsurface and
overhead by a public agency for the construction and installation
of materials necessary to provide passageway for vehicular traffic,
pedestrians, utility lines, poles, conduits and the like.
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge. Uses
which are primarily custodial in nature, such as day-care centers
or similar uses, are not schools.
[Added 7-21-2022 by Ord.
No. 2022-025]
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
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.
Lands and buildings providing for the sale of kerosene, motor
fuels and lubricants, and automotive accessories and/or providing
for the maintenance and repair of motor vehicles except for auto body
repairs.
The minimum required distance between a structure and any
lot line or, on a residential lot, the boundary of a critical area
where the critical area is situated between the structure and the
lot line, unless an exception is given elsewhere in this chapter.
One or more buildings or parts thereof to be occupied and
used by more than one enterprise for the conduction of business as
an integrated and comprehensively planned development.
Any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interest of any person,
group of persons or products, located on a building or its grounds
giving the name and occupation of the user of the premises and/or
the nature of the business(es) conducted therein and/or the product(s)
primarily sold or manufactured therein. Any such lighted or unlighted
device located within a building, which is designed to be seen from
the outside of the building, is a sign.
A sign that uses high intensity displays (HID), fluorescent
lights, incandescent lights, liquid crystal display (LCD), light-emitting
diode (LED), or a projection screen to display graphics, videos, forms,
texts, etc.
[Added 7-21-2022 by Ord.
No. 2022-025]
An on-site sign that provides direction or information to
pedestrian and/or vehicular traffic that is related to the movement
of pedestrian and/or vehicular traffic on the premises (e.g. "entrance,"
"exit," "no parking," "one way," and the like). Also known as an informational
sign.
[Added 7-21-2022 by Ord.
No. 2022-025]
A sign affixed perpendicularly to a building or wall in such
a manner that its leading edge extends more than 12 inches beyond
the surface of such building or wall and is dependent upon a building
for support.
[Added 2-12-2015 by Ord.
No. 2015-01; amended 7-21-2022 by Ord. No. 2022-025]
A sign for an institutional use.
[Added 7-21-2022 by Ord.
No. 2022-025]
A sign not affixed to a building where the entire bottom
is in contact with or is close to the ground. Also known as a freestanding
identification sign.
[Added 2-12-2015 by Ord.
No. 2015-01; amended 7-21-2022 by Ord. No. 2022-025]
A sign indicating the name, profession, and/or address of
a person or persons residing on the premises or legally occupying
the premises.
[Added 7-21-2022 by Ord.
No. 2022-025]
A freestanding sign not permanently affixed, anchored or
secured to the ground or a structure on the lot it occupies, or any
sign mounted on wheels. Includes sandwich boards and blackboards.
[Added 7-21-2022 by Ord.
No. 2022-025]
A sign for a public use.
[Added 7-21-2022 by Ord.
No. 2022-025]
A sign erected and/or constructed wholly on or over the roof
of a building, which is supported by the roof structure, or any sign
that extends in whole or in part above the roofline of a building.
[Added 7-21-2022 by Ord.
No. 2022-025]
A sign that is attached directly to the building and is parallel
to the building that contains listings of commercial establishments,
tenants, or occupants of a building.
[Added 7-21-2022 by Ord.
No. 2022-025]
A sign which is painted on, fastened to, or erected against
the wall of a building with its face in a parallel plane with the
plane of the building facade or wall that does not extend above the
height of the vertical wall or eaves.
[Added 2-12-2015 by Ord.
No. 2015-01; amended 7-21-2022 by Ord. No. 2022-025]
A sign mounted in any fashion on the interior or exterior
of the glass of a window or door.
[Added 7-21-2022 by Ord.
No. 2022-025]
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,
wetlands 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.
A development plan of one or more lots which proposes expansion
of more than 25% of the existing floor area and/or impervious surface
area and/or new construction of over 5,000 square feet of floor area
that may include planned development, new street(s) or extension of
any off-tract improvement(s). The application shall contain the information
required by this chapter for approval of a major site plan.
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 extensions
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.
The New Jersey Department of Transportation Specifications
for Road and Bridge Construction, latest edition.
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 part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A "split-level" story shall be considered
a second story if the floor of the second level is six feet or more
above the floor of the first level.
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 as provided by the Municipal
Land Use Law,[7] or which is shown on a plat duly filed and recorded in
the office of the Hunterdon County Clerk prior to the appointment
of a Planning Board and the grant to such Board the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
The edge of the existing or future street right-of-way, whichever
is greater, as shown on the adopted Master Plan or Official Map, forming
the dividing line between the street and a lot.
A state or county road or highway carrying the major portion
of through traffic in the Borough.
A street which carries traffic from minor streets to secondary,
primary and arterial roads; the principal entrance street(s) of a
residential development.
A street which is used primarily for access to the abutting
properties and not for through traffic; the term "minor street" includes
a cul-de-sac; the term "minor street" is synonymous with the term
"local street."
Any activity which removes or disturbs the vegetative cover
of land 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 a parcel of land.
The reconstruction or replacement of parts of a structure
due to damage or lack of maintenance using the same or comparable
materials that would not be considered a substantial improvement and
does not result in any changes to the location, height, floor area,
habitable floor area, building area, room layout, or use of the structure.
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 term "subdivision" shall also include the term "resubdivision." No lot shall be subdvided or resubdivided except in conformance with the general zone regulations and subdivision standards as well as the special lot regulations of § 145-301M. 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 interstate 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.
Any subdivision not classified as a minor subdivision.
Any subdivision resulting in two 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, not involving
the extension of any municipal facilities, and not adversely affecting
the development of the remainder of the parcel or adjoining property.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the fair
market value of the structure before the "start of construction" of
the improvement or, if the property has been damaged and is being
restored, before the damage occurred. The term does not 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 office and
which are the minimum necessary to assure safe living conditions;
or
Any alteration to an historic structure provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Those pools for swimming or bathing purposes which are not
permanently installed, do not require water filtration, circulation
and purification, do not exceed 30 inches in water depth, do not exceed
a water surface of 100 square feet, and do not require braces or supports.
Such pools are typically put up for the summer months and taken down
each year.
A permanent water-filled enclosure, artificially constructed,
in whole or in part, whether located above or below the ground, that
has a depth of more than 30 inches above grade and/or a minimum water
depth of 18 inches below grade; and is 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. Notwithstanding the
water depths cited above, this definition includes outdoor hot tubs,
jacuzzis, and similar structures.
Either outdoor or indoor pools which are artificially and
permanently constructed to provide recreational facilities for swimming,
bathing or wading.
An area of land, including critical areas, all or part of
which is the subject of a development application, including contiguous
portions of a street or right-of-way. A tract is composed of one or
more lots having sufficient dimension and area to make one development
meeting the requirements of this chapter for the use(s) intended.
An area of land which contains no critical areas, has a depth
to seasonal high water table of more than four feet and a depth to
bedrock of more than 10 feet.
The purpose or activity for which land or buildings are designed,
arranged or intended, or for which land or buildings are occupied
or maintained.
The main or predominant purpose of any lot and/or building.
Any noncombustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size, to produce
vapor from nicotine in a solution or any form, including any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device, and any vapor cartridge or other container
of nicotine in a solution or other form intended to be used with,
or in, any such device.
[Added 3-8-2018 by Ord.
No. 2018-007]
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-60, 40:55D-70c or
40:55D-70d to permit a use or construction otherwise prohibited by
this chapter.
A building used primarily for the storage of goods and materials.
Such activities and inventories shall be conducted entirely indoors.
A warehouse may include an accessory office component.
[Added 7-21-2022 by Ord.
No. 2022-025]
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 with
bed and banks.
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals, or electromagnetic
waves for wireless communications.
A fenced in area that houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
Buildings and/or structures and equipment for the delivery
of wireless telecommunications except for satellite dish antennas.
For purposes of this definition, wireless telecommunications structures,
antennas, equipment and/or towers may be collectively referred to
herein as "wireless telecommunications facilities." This definition
shall not include any tower, or the installation of any antenna, that
is less than 70 feet in height and is owned and operated by a federally
licensed, amateur, radio station operator or is used exclusively as
a receive-only antenna.
A vertical structure used to support wireless telecommunications
antennas.
An open space extending across the full width of the lot
and lying between the street line and the building line. The depth
of the front yard shall be measured horizontally and at right angles
from the closest point of the building to either a straight street
line or the point of tangent of a curved street line. Where a property
has frontage on two or more streets, the property will be subject
to the required front yard setback from each street for the applicable
zone. In addition, the minimum front yard for residential lots shall
be measured outward from the principal building and shall be provided
in a contiguous area located between the building and the edge of
any critical areas.
An open space extending across the full width of the lot
and lying 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 from the closest point of the building to either a straight
rear lot line or the point of tangent of a curved rear lot line. In
addition, the minimum rear yard for residential lots shall be measured
outward from the principal building and shall be provided in a contiguous
area located between the building and the edge of any critical areas.
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
building. The width of the required side yard shall be measured horizontally
and at right angles from the closest point of the building to either
a straight side lot line or the point of tangent of a curved side
lot line. In addition, the minimum side yard for residential lots
shall be measured outward from the principal building and shall be
provided in a contiguous area located between the building and the
edge of any critical areas.
The Planning Board of the Borough of High Bridge 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-70c & 40:55D-70d.
The municipal official designated by the governing body to
enforce the provisions of the Land Use and Development Ordinance and
to issue zoning permits.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion, or installation of a structure or building;
and
Which acknowledges that such use, structure or building complies
with the provisions of this chapter or any variance therefrom duly
authorized by the Board of Adjustment pursuant to N.J.S.A. 40:55D-60,
40:55D-70c and 40:55D-70d.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, N.J.A.C.
5:93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
[3]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
[4]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, N.J.A.C.
5:93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
[5]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[7]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
