[Amended 5-10-2001 by Ord. No. 2001-08; 12-27-2001 by Ord. No. 2001-035; 6-27-2002 by Ord. No. 2002-017; 12-12-2002 by Ord. No. 2002-040; 12-23-2002 by Ord. No. 2002-043; 4-21-2004 by Ord. No. 2004-06; 12-13-2007 by Ord. No. 2007-26]
A.
As used in this chapter, the following definitions shall apply throughout the Township, including the Pinelands Area; provided, however, that in the event of a conflict between a definition of a Township wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The definitions set forth in the Municipal Land Use Law[1] and which are not set forth in Subsection B below are adopted herein by reference. Where a term has been defined both in Subsection B below and in the Municipal Land Use Law and there is a conflict between the definitions for said term, the definition set forth in Subsection B below shall govern in regard to the application of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55d-1 et seq.
B. ACCESSORY BUILDING ACCESSORY USE ADMINISTRATIVE OFFICER ADULT DAY HEALTH-CARE FACILITY ADVERSE AFFECT AGRICULTURAL USE ALTERATION ANIMAL CARE FACILITY ASSISTED LIVING FACILITY AUTOMOBILE BODY SHOP AUTOMOBILE REPAIR SHOP AUTOMOBILE SALES AUTOMOBILE SERVICE STATION AWNING BASEMENT BERM BILLBOARD BOATLIFT BUFFER BUILDABLE AREA BUILDING BUILDING AREA BUILDING COVERAGE BUILDING HEIGHT FOR ALL ZONES OTHER THAN R-50 AND R-70 BUILDING HEIGHT FOR R-50 AND R-70 BUILDING LINE (SETBACK) BUILDING, PRINCIPAL BULK STORAGE BUSINESS OFFICE CALIPER CARPORT CELLAR CERTIFICATE OF OCCUPANCY CHANGE OF USE(1) (2) (3) (4) (5) (6) CHECKLIST CHILD-CARE CENTER CLUB CLUBHOUSE COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE COMPLETE APPLICATION CONFORMING LOT CONSERVATION EASEMENT CONVENTIONAL DEVELOPMENT DAVIT DENSITY DETENTION FACILITY DEVELOPMENT DUPLEX DWELLING UNIT DWELLING, ATTACHED DWELLING, DETACHED DWELLING, MULTIPLE-FAMILY DWELLING, PATIO HOME DWELLING, QUADRUPLEX DWELLING, SINGLE-FAMILY DETACHED DWELLING, SINGLE-FAMILY SEMI-DETACHED DWELLING, TOWNHOUSE DWELLING, TWO-FAMILY ELEVATION ESSENTIAL SERVICES EVERGREEN TREE EXEMPT DEVELOPMENT(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) FAMILY FAMILY DAY-CARE HOME FENCE FLOATING HOME FLOATING HOME MARINA FLOOD FRINGE FLOOD HAZARD AREA FLOODPLAIN FLOODWAY FLOOR AREA FLOOR AREA RATIO GARAGE GARAGE, PRIVATE GARAGE, PUBLIC GOLF COURSE GRADE GRADE, FINISHED GREEN SPACE GROUND COVER HEALTH-CARE FACILITY HEDGE HOME OCCUPATION HOME PROFESSIONAL OFFICE HOMEOWNERS' ASSOCIATION(1) (2) (3) HOTEL HOUSEHOLD IMPERVIOUS SURFACE COVERAGE INDUSTRIAL OR OFFICE PARK INFILTRATION FACILITY ISLAND JUNKYARD LOADING SPACE LOT LOT AREA LOT COVERAGE LOT DEPTH LOT FRONTAGE LOT LINE LOT WIDTH LOT, CORNER LOT, THROUGH MAJOR SUBDIVISION MARINA MEAN HIGH WATERLINE MINING MINOR SITE PLAN(1) (2) (3) (4) (5) (6) MINOR SUBDIVISION(1) (2) (3) (4) (5) (6) MOBILE HOME MOBILE HOME PARK MODEL HOME MOTEL MULCH OFF-STREET PARKING SPACE OFFICE ORNAMENTAL TREE RESIDENTIAL DENSITY, GROSS RESIDENTIAL DENSITY, NET RESTAURANT RESTAURANT, FAST-FOOD RETAIL STORE RETENTION FACILITY SCREEN SETBACK SETBACK LINE (BUILDING LINE) SEXUALLY ORIENTED BUSINESS(1) (2) (3) (4) (5) SHADE TREE SHRUB SIGHT TRIANGLE SIGN SIGN AREA SIGN, COMMERCIAL SITE PLAN, MAJOR SPECIMEN TREES STORY STREET LINE STRUCTURE SUBDIVISION SUBDIVISION COMMITTEE SUBSTANTIALLY IMPROVED SWIMMING POOL TRACT TREE TREE CLUSTER USE VARIANCE VEHICLE CAMPER VETERINARY HOSPITAL VIDEO ARCADE YARD YARD, FRONT YARD, REAR YARD, SIDE
As used in this chapter, the following terms shall have the meanings indicated:
A building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. Any building with a gross floor area in excess of 900 square feet or containing living space shall not be considered an accessory building. An accessory building attached to a principal building shall comply in all respects with the requirements applicable to the principal building.
A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
The Planning Board Engineer for Planning Board matters; the Board of Adjustment Engineer for Board of Adjustment matters; the Zoning Officer for Official Map matters; the Township Clerk for Township Committee matters; and the Township Assessor for certification of subdivision approval.
An establishment which is licensed by the New Jersey Department of Health pursuant to N.J.S.A. 26:2H-1 et seq. to provide preventive, diagnostic, therapeutic and rehabilitative services under medical supervision to meet the needs of functionally impaired adult patients exclusively on an outpatient basis.
Development designs, situations or existing features on a developer's property or any nearby property creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or non-complying conditions, such as layout inconsistent with the development regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities, such as water, drainage and sewerage; unsuitable size, shape and location for any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion from wind or water, from excavation or grading, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
A land use to derive income from the production, keeping or maintenance of crops and/or raising of livestock.
Any change or rearrangement in supporting members of an existing building such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in use, or any change in ingress or egress, or any enlargement or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as an alteration.
Boarding and training kennels, pounds, grooming facilities, and similar facilities operated either as commercial facilities or on a nonprofit or philanthropic basis (compare with definition of "veterinary hospital").
A residence, licensed by the New Jersey Department of Health pursuant to N.J.A.C. 8:33-1 et seq., for the frail elderly that provides apartment-style living units and congregate dining, personal care and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services and transportation. Assisted living residences, as defined herein, shall include comprehensive personal care homes.
Any building, premises, and land in which or upon which bodywork or refinishing work is performed upon vehicles.
A building, premises, and land in which or upon which a business, service, or industry involving maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
The use of any building, premises, and land for the display and sale of new or used automobiles generally including light trucks or vans, trailers, or recreation vehicles, which use may include any vehicle preparation or repair work conducted as an approved accessory use.
The use of any building, premises, and land for the retail dispensing or sales of vehicular fuels which use may include the servicing and repair of vehicles or sale and installation of lubricants, tires, batteries, and similar vehicle accessories as approved accessory uses.
A roof-like cover that is temporary or portable in nature, which projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building.
A space having 1/2 or more of its floor-to-ceiling height above average level of the finished grade of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
A mound of soil, either natural or man-made, used to screen and visually separate, in part or entirely, one area, site or property from the view of another area.
See "sign."
A frame structure, usually metal construction and electric powered, attached to a bulkhead or pilings which is designed to elevate a boat or other type of personal watercraft above the surface of the water.
An area within a property or site, generally adjacent to and parallel to the property line, consisting of either natural existing vegetation or created by the use of trees, shrubs, fences, berms, walls, open space, landscaped area, or a combination thereof, designed to physically separate or screen one use of property from another so as to limit view and/or sound in order to prevent or control adverse effects. Buildings, structures, driveways, parking or loading areas and other uses of land shall be permitted within any buffer area unless otherwise expressed by another section of this chapter.
The area of a lot remaining after the minimum yard, setback, and open space requirements of this chapter have been met. Buildable area also does not include wetlands, buffers, or easements of record.
Any structure having a roof supported by columns or walls and intended for the temporary or permanent shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.
The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.
The vertical dimensions measured from the average elevation of the finished lot grade at the front of the building to the highest point of the building.
The vertical dimensions measured from the average elevation of the top of the curb, or average gutter elevation where no curbing exists or is proposed, along lot frontage to the highest point of the building.
A line parallel to the street line touching that part of a building closest to the street. This line is formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building (setback) line.
A structure in which is conducted the principal use of the site on which it is situated.
The stockpiling, warehousing or wholesaling of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, pipes, plumbing supplies, metal, concrete, lumber and insulation.
A commercial establishment, which does not offer a product or merchandise for sale to the public, but does offer a service to the public. However, personal services, such as barbershops and beauty shops and repair services, such as radio and television shops, are not to be included within the definition of business office.
The diameter of a tree trunk measured, in inches, at breast height.
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
Non-habitable space with less than 1/2 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 document issued by the appropriate governmental authority, as designated in this chapter, which permits the occupancy or use of a building, structure, or premises and certifies that all requirements or regulations provided in this chapter and all other applicable requirements or regulations have been complied with.
Any use that substantially differs from the previous use of a building or land such as, but not limited to, the following:
Any change from a residential use to any nonresidential use;
Any change in use from any permitted or existing use to any conditional use;
Any change from nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive;
Any increase in the number of dwelling units in a building or structure;
Any change from an industrial use to any other industrial use or to any other use category;
Any change in use which increases the time periods during which the use occurs or is operated such as from seasonal operation to year-round operation.
A list of items that must be submitted with an application to the Planning Board or Board of Adjustment for the purpose of determining a complete application.
A child-care facility for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).[2]
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws. Any club or organization which is commercial in nature (e.g., tennis club, health club, and racquetball club) shall not be considered a "club" for purposes of this chapter.
A building, or portion thereof, used by a club or social organization and which is not adjacent to or operated by or in connection with a public bar, tavern, cafe or other public place.
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. A.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to no more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate-care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health-care facility within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.) and this chapter.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulations of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance and other services to no more than 15 persons who have been victims of domestic violence, including any children of such victims, who require their shelter and assistance in order to protect their physical or psychological welfare.
An application for development, which complies in all respects, shall be complete, for purposes of the appropriate submission requirements set forth in this chapter.
A lot which conforms to all zone requirements for the zone in which it is located.
A grant or grants to the municipality sufficient to permit the municipality to reserve and conserve the area so defined from future development.
Development other than planned development or cluster development.
A single or pair of curved uprights projecting over the waterway for suspending or raising and lowering a boat or other personal watercraft.
The number of dwelling units per gross area of land to be developed. See "residential density, gross."
A stormwater system, which temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are, therefore, not considered in the facility's design. Since a "detention facility" impounds runoff only temporarily, it is normally dry during nonrainfall periods.
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 or of 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 may be required pursuant to this chapter.
A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
A building or part thereof having cooking, sleeping, and sanitary facilities designed, occupied, or intended as a separate living quarter by one family maintaining a household which is entirely separated from any other "dwelling unit" in the building by vertical or horizontal floors, and with an independent means of access.
A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
A building containing one dwelling unit that is not attached to any other dwelling by any means.
A building under a single roof, with or without firewall partitions, containing three or more dwelling units and designed for occupancy by three or more households living as families.
A one-family dwelling on a separate lot, with open space setbacks on three sides and with a court.
Four attached dwellings in one building, in which each unit has two open exposures and shares one or two walls with an adjoining unit or units.
A building containing one dwelling unit that is not attached to any other dwelling by any means and designed for the use of a single household, including one or more people living as a family.
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.
A one-family dwelling in a row or series (i.e., not located over another unit) of at least three attached single-family dwelling units separated from one another by vertical common fire-resistant walls from basement to roof. Each townhouse has its own front and rear access to the outside.
A building on a single lot containing two dwelling units and designed for or occupied exclusively by two households living independently of each other. Each dwelling unit is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall, except for a common stairwell exterior to both dwelling units.
(1) A vertical distance above or below a fixed reference level; (2) a fully dimensional drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level.
Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drams, sewers, pipes, conduits, and cables including the equipment and appurtenances necessary for these systems such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other related equipment and accessories in connection therewith reasonably necessary for the furnishing of an adequate level of service by public utilities or municipal or governmental agencies or for the public health or safety or welfare.
A woody plant with one main stem and foliage which will remain on the plant in its green condition throughout the year and which will exhibit a mature height of at least 12 feet to 15 feet.
That site plan and/or subdivision approval shall not be required for the following:
Construction, additions, or alterations related to single-family detached or two-family detached dwellings on individual lots.
Interior alterations which do not increase the required number of off-street parking spaces.
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.
Any increase in the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site not exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, provided that the underground installation of fuel-oil tanks or tanks for the storage of flammable or combustible liquids or materials shall have been approved by the Bureau of Fire Prevention.
The construction or alteration of or addition to an off-street parking area which provides an increase of five or fewer vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter, except in conjunction with or subsequent to any condemnation or taking proceeding.
Divisions of property, and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.
Home professional offices of less than 500 square feet within existing buildings located in districts where such home professional offices are permitted accessory used or conditional uses, provided that such office does not require more than five off-street parking spaces pursuant to the provisions of this chapter.
Erection of a tent in any zone where tents are permitted accessory use for 30 days or less and not more than twice per calendar year.
Modification to site to improve handicap accessibility not involving additional building area.
Installation of solid waste storage container(s) and enclosure(s) conforming to the requirements of § 215-11.18, Solid waste management, and subject to compliance with any prior development approvals.
Building additions that increase the square footage of the building by up to 1,000 square feet, and do not require variances or waivers from this chapter.
A group of persons not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single household unit under a common household management plan based on an intentionally structured relationship providing organization and stability. A family organization implies a permanent and long-term relationship as opposed to one that is short-term or transient.
The private residence of a family care provider which is approved and registered pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.) in which child-care services are regularly provided to no fewer 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:
An artificially constructed barrier of any material or combination.
Any vessel in fact used, designed or occupied as a permanent dwelling unit, business, office or source of any occupation or for any private or social club of whatever nature, including, but not limited to, a structure constructed upon a barge, primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Township, whether such vessel is self-propelled or not, and whose volume coefficient is greater than 3,000 square feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
That area within the Township covered by any waterway within the Township where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.
The portion of the flood hazard area outside the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
The floodway and relative flat area adjoining the floodway which has been or may be hereafter covered by floodwater and which area, the improper development and general use of which, would constitute a threat to the public's safety, health and general welfare. The flood hazard area shall constitute the total area inundated by the flood hazard design flood.
The channel and the generally flat terrain adjoining the channel of a stream, pond, lake or swamp which is subject to periodic flooding.
The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for passage of the floodway design flood without appreciable rise in the water surface profile.
The sum of the gross horizontal areas of the floor or several floors of a building or structure. In the case of business or commercial buildings, floor area includes showcase facilities and storage and sales facilities. In the case of residential buildings, the floor area shall not include open porches or open decks, garages or basements, cellars or other floor areas with floor-to-ceiling headroom of less than seven feet three inches. In the case of multi-family dwellings, areas used for public halls, stairways, elevator shafts, and interior vehicular parking shall not be counted as floor area.
The gross floor area of all buildings or structures on a lot divided by the total lot area.
A building or structure intended or suitable for the storage of motor vehicles.
A garage used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
Any garage, other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, inspecting, grading, washing, polishing or other cleaning, maintenance and servicing of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations and all gasoline and oil pumps maintained in conjunction therewith but shall not be construed to include motor vehicle showrooms for new and used motor vehicles.
An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the "golf course."
(1) The average elevation of the land around a building; (2) the percent of rise or descent of a sloping surface.
The completed elevation of the ground level after development including lawns, walks and roads as shown on municipally reviewed plans or designs conforming to established municipal standards.
The total portion of the lot or tract required to be covered by vegetation.
Low-growing [under three feet in height] woody or herbaceous plants, grasses, or other landscaping that form a dense mat-like covering of the area in which they are planted preventing soil from being blown or washed away and further preventing the growth of undesirable (weed) plants.
A facility or institution, whether public or private, engaged principally in providing services for health maintenance and the diagnosis or treatment of human disease, pain, injury, deformity or physical or mental condition, including, but not limited to, general hospital or special hospitals, psychiatric hospitals, public health centers, diagnostic and treatment centers, rehabilitation centers, extended care facilities, skilled nursing homes, nursing homes, intermediate care facilities, outpatient clinics, bioanalytical laboratories (except as specifically excluded hereunder) or central services facilities serving one or more institutions, but, excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories that are independently owned and operated and are not owned, operated, managed or controlled, in whole or in part, directly or indirectly, by any one or more health-care facilities, and the predominant source of business of which is not by contract with health-care facilities within the State of New Jersey, and which solicit or accept specimens and operate predominately in interstate commerce.
Several plants, usually planted in a formal line or row, at a very tight spacing in order to achieve a continuous line or mass of foliage to shield, screen, separate or protect a lot(s) or a portion of a lot(s).
Any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation.
A home occupation consisting of the office of a practitioner of a recognized profession carried out in accordance with the provisions of § 215-5.13.
An incorporated, nonprofit community association operating under a recorded land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative development or other owner of property or interests in the project shall be a member.
Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the unit by the association or by the municipality.
Each owner and tenant has a right to use the common property.
A series of attached or detached dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for consideration, to tourists, transients and travelers and held out to the public as accommodations by the day, week or month. Wherever in this chapter the word "hotel" appears and restrictions are set forth to apply to the use of land for the operation of a "hotel," it shall be considered synonymous with the word "motel," and the same restrictions and requirements shall apply to the construction and operation of a "motel."
A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation of serving of food within the dwelling unit.
The percentage of the total area of a lot or tract, after deduction for natural tidal, non-tidal bodies of water, wetlands or other state- or federally regulated non-buildable lands, covered by buildings, structures, parking areas, drives, curbs, sidewalks, and other impervious surface coverage, shall include a surface that has been compacted or covered with a layer of material so that it is made resistant to infiltration by water. Examples of such materials shall include: dry laid brick or concrete pavers on compacted sand beds, dry laid cut stone or tile on compacted sand beds, wood decks and concrete patios (including stamped concrete). Detention and retention basins and dry wells shall not be considered impervious surfaces; however, graveled areas underlain by impermeable materials, such as non-porous plastic, shall be considered impervious surfaces. Where porous filter fabric is used under non-compacted gravel to allow water infiltration and prevent vegetative growth, such a surface shall not be considered impervious.
A total tract comprehensively planned, designed and approved for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped section to accommodate subsequent land needs, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities.
A stormwater system, which temporarily impounds runoff and discharges it via infiltration through the surrounding soil. While an "infiltration facility" may also be equipped with an outlet structure to discharge impounded runoff, such discharge is normally reserved for overflow and other emergency conditions. Since an "infiltration facility" impounds runoff only temporarily, it is normally dry during nonrainfall periods.
In road and parking area design, a raised planting area, usually curbed, placed to guide traffic, separate lanes, limit paving (impervious surface), preserve existing vegetation and increase aesthetic quality.
An area or structure used for the collecting, storage, buying, trading or abandonment of any refuse and/or discarded material or the dismantling, demolition, salvaging or abandonment of processing structures, automobiles, boats, outboard motor engines, or other vehicle equipment and machinery or parts thereof, with the deposit of domestic, commercial, industrial or sanitary waste or garbage excluded.
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 material.
A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
The acreage and/or square footage contained within the lot lines of the property. Any portion of the lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area. Portions of lots below the mean high-water line shall not be considered in any lot area, depth, rear yard setback or building coverage calculation/determination.
The area of a lot covered by buildings and structures expressed as a percentage of the total lot area.
The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
The "lot frontage" shall be measured along the street line between the property side lines and in no case shall be less than 2/3 of the required width of the lot.
A line of record forming all or a portion of the exterior boundary of a lot. The "lot line" is the same as the street line for that portion of a lot abutting a street. "Lot lines" extend vertically in both directions from ground level.
The distance between the side lines of a lot measured at the minimum required front building setback line.
Any lot which occupies the interior angle of the intersection of two street lines. On all "corner lots," the required building setback line paralleling both street frontages shall not be less than the minimum front yard setback requirements of an adjoining interior lot fronting on said street. On all "corner lots," the lot width shall be equal to or greater than the minimum depth of lot requirements of the zoning district. The required lot width and lot depth shall be measured along the required front yard building setback line. All "corner lots" shall have two front yards, one side yard and one rear yard.
A lot which fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.
Any subdivision not classified as a minor subdivision.
Any waterfront facility wherein berthing spaces for any watercraft or boats are offered for rental by the operator. A "marina" shall be deemed to include, in addition, automobile parking facilities, sanitary facilities, motor fuel sales, boat sales, repairs, maintenance and service; excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of one or more berthing spaces to other than the residents of the property contiguous to the same shall be deemed to constitute a "marina," and the same shall conform to all provisions of this chapter pertaining to "marinas."
The line formed by the intersection of the tidal plane of mean high tide with the shore.
An extractive process involving the removal of soil, earth, sand, clay, ground, humus peat or ilmenite.
A development plan which:
Proposes building alterations, additions or expansion of an existing use or another permitted use in the same zoning district and/or six or fewer additional parking spaces.
Exterior facade — alterations are proposed and/or new building construction or additions do not exceed 2,000 square feet of gross floor area.
Does not involve any proposed planned development, cluster development or mixed-use residential development.
Does not involve any new street or extension of any off-site or off-tract potable sewer improvement that would service more than one lot.
Does not require soil disturbance of 5,000 square feet or more.
Contains that information reasonably required so that the Board and its professionals may make an informed, intelligent determination as to whether the requirements established for approval of a "minor site plan" can be met.
Any subdivision resulting in not more than three lots including the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road, provided that the following conditions have been met:
That curbs and sidewalks have been installed or that the developer agrees to install and post-performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter.
That no portion of the lands involved have constituted a part of a minor subdivision within two years preceding the application.
A dwelling unit, manufactured in one or more sections, designed for long-term occupancy, containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, and designed to be transported on its own wheels after fabrication or on a flatbed or on other trailers, arriving at the site where it is to be occupied as a complete dwelling, usually including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and campers are not considered "mobile homes." A "mobile home" may be placed on a permanent or nonpermanent foundation; provided, however, that in the event that a nonpermanent foundation is used, the "mobile home" shall be installed and anchored in accordance with the requirements set forth in 24 CFR 3280.305 and 3280.306 and the requirements of the New Jersey Uniform Construction Code.
Any site, lot or tract of land upon which two or more authorized mobile homes are parked, permanently or temporarily, either free of charge or for revenue purposes, and includes any appurtenant facilities used or designed as part of the equipment of such mobile home court or park.
Any house or residential structure constructed as a sales exhibit for a builder, housing development or subdivision.
The same as "hotel," as defined herein.
A layer of organic material such as shredded wood or leaf litter, placed on the surface of the soil around plantings to aid plant growth by retaining moisture, preventing weed growth, holding soil in place, protecting root systems and providing a neat, easily maintained surface immediately around the base of the plant.
An off-street parking area for passenger vehicles, including the storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public street. Accessory garage space(s) for the storage of one or two automobiles shall be considered "off-street parking space(s)."
A place for the transaction of business where reports are prepared, records kept or services rendered, but where no retail sales are offered and where no manufacturing, assembling or fabrication takes place.
A woody plant which will exhibit a mature height of at least 12 to 15 feet, but not usually greater than 20 to 25 feet, which provides distinct flowers, bark or leaf coloration, fruit or form of visual variety and interest.
The number of dwelling units per gross acre of land area, including streets, easements and open space portions of a development.
The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for public access and/or open space and natural or nontidal bodies of water, tidal wetlands regulated under the NJ Wetlands Act of 1970[3] and freshwater wetlands regulated under the NJ Freshwater Wetlands Protection Act of 1987[4] or flood hazard areas established by NJDEP or FEMA.
Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room, equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted. However, a snack bar at a public or community recreation facility, operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a "restaurant" for purposes of this chapter.
An establishment where patrons are served prepared foods, soft drinks, ice cream and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
An establishment with a primary purpose of the sale of goods or articles, individually or in small quantities, directly to the consumer.
A stormwater system which, similar to a detention facility, temporarily impounds runoff and discharges its outflow through a hydraulic structure to a downstream conveyance system. Unlike a detention facility, however, a "retention facility" also includes a permanent impoundment and, therefore, is normally wet, even during nonrainfall periods. Storm runoff inflows are temporarily stored above this permanent impoundment.
A structure, berm or planting which will provide a continuous visual obstruction of a site(s) or portion of a site(s).
The horizontal distance between the nearest part of the building or structure and any front, side or rear lot line measured perpendicular to such lot lines. Overhanging eaves of not more than two feet shall be excluded from the measurement of the required setback.
A line drawn parallel to a street line or lot line and drawn to the point of the building nearest to the street line or lot line, beyond which a building shall not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the required right-of-way width.
A commercial establishment, which, as one of its principal business purposes, offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical areas"; or still or motion picture machines, projectors or other image-producing devices which show images t one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area," or instruments, deices, or paraphernalia which are designed for use in connection with a "specified sexual activity"; or
A commercial establishment, which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area";
"Person" means: an individual, proprietorship, partnership, corporation, association, or other legal entity.
"Specified anatomical area" means: (a) less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or (b) human genitals in a discernibly turgid state, even if covered.
"Specified sexual activity" means: (a) the fondling or other erotic touching of covered or uncovered human genitals, pubic region, or female breasts; or (b) any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
A woody plant, with one main stem, which will exhibit a mature height of at least 20 to 25 feet and have a distinct head of foliage.
A woody plant (evergreen or deciduous), which will exhibit a mature height of at least two feet and usually not greater than 12 feet.
A triangle area abutting two intersecting streets, where vision is unobstructed to motorists entering the intersection. The "sight triangle" is formed by the intersecting street side lines and a line connecting a point on each side line a set distance from the intersection.
Any structure, either on its own supports or attached to another structure, which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, religious or like campaign, drive, movement or event.
The area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.
Any sign which is owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs or any sign advertising a commodity not sold or produced on the premises. This shall include billboards and off-premises signs indicating the direction to a particular place.
All site plans for new development not defined or classified as minor site plans or exempt development.
The largest known individual trees of each species in the state of New Jersey. The New Jersey Department of Environmental Protection, Bureau of Forestry, maintains a list of such trees, which is incorporated herein by reference. Any trees which are equal to or larger than said trees; also any trees so designated by the Little Egg Harbor Environmental Commission.
That part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a "story," and if less than two feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a "story" if it averages more than five feet above ground.
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot.
Anything constructed, assembled or erected, the use of which required the location on the ground or attachment to something having location on or in the ground, and shall include tanks, towers, advertising signs or devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels, or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities entirely below ground or pavements, curbs, sidewalks, patios or gasoline fuel pumps.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including, but not limited to, judgments of foreclosure; conveyances so as to combine existing lots by deed or other instrument; the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and area shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
A subcommittee of not more than three Planning Board members, appointed by the Chairman of the Board, for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties related to land subdivision as may be conferred on this community by the Board.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, to the condition existing before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.
Facilities constructed above or below grade, having a depth of more than two feet and/or water surface of 100 square feet or more, and designed and maintained for swimming purposes. The term shall also include all appurtenant buildings, structures or equipment accessory thereto.
An area of land comprised of one or more lots, having sufficient dimensions and area to meet the requirements of this chapter for the use(s) intended.
Any living deciduous tree having a trunk of a diameter greater than three inches [diameter measured at four feet from ground level], any living coniferous tree having a trunk of a diameter greater than four inches or any living dogwood (cornus florida) or American holly (ilex opaca) having a diameter of one inch or greater.
Three or more deciduous trees with a caliper of 3.5 inches measured at breast height located not more than 10 feet apart.
The purpose for which a lot, structure or building is designed, arranged or intended or for which it is or may be occupied or maintained.
A departure from any provision of a zoning ordinance pursuant to Section 47 and Sections 29.26, 57c, and 57d of P.L. 1975, c. 291.[5]
A motorized or portable vehicle designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet and including motorized coaches, pickup campers, tent trailers and similar equipment and having a length not exceeding 35 feet.
A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
A commercial business established primarily to offer a place where a person or player may play any one of a number of video games, pinball tables or other amusement machines or devices, upon payment of a fee, to attempt to obtain a prize or tickets or tokens redeemable for a prize or to attempt to attain a score or result.
An open unoccupied space on the same lot with a building and unobstructed from the ground to the sky.
A yard extending the full width of the lot and not less in depth from the minimum distance required between the street line and the front yard building setback in each district.
A yard extending the full width of the lot between the rear line of the principal building and the rear lot line.
A yard between the exterior of the side wall of the principal building and the side lot line which extends through from the front yard to the rear yard.
C.
Words and phrases. Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future; the singular number includes the plural; and the plural, the singular. The word "building" includes the word "structure" or any part thereof; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" includes "arranged, designed or intended to be used"; the word "person" includes individuals, firms, partnerships and corporations. The word "shall" is always mandatory and not directory. The word "may" is permissive. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
D.
Additional definitions can be found in § 215-12.11E, § 215-13.5K and § 215-13.5O(3)(b).