As used in this chapter, the following terms
shall have the meanings indicated:
AC
Alternating current (electricity).
[Added 9-21-2020 by Ord.
No. 2020-17]
ACCESSORY USE, BUILDING OR STRUCTURE
A use, building or structure subordinate to the principal
use of a building or structure on the same lot and serving a purpose
customarily incidental to the use of the principal building or structure
and dependent on the principal use to the extent that the accessory
use cannot exist in the absence of the use to which it is subordinate.
Where an accessory building or structure is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part of the principal building or structure.
[Amended 10-25-2010 by Ord. No. 2010-31]
ADDITION
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of buildings or structures.
ADMINISTRATIVE OFFICER
The person who has primary responsibility for coordinating
and managing the administrative procedures under the MLUL and this
chapter. Except as to the administration of the issuance of zoning
permits, the administrative officer shall be the Township Planner.
With respect to the administration of the issuance of zoning permits,
the administrative officer shall be the Zoning Officer.
ADULT CABARET
A cabaret which features exotic dancers, strippers, male
or female impersonators, or sexually oriented entertainers.
[Amended 3-15-2010 by Ord. No. 2010-03]
ADULT COMMUNITY
A development designed to meet the needs of, and which is
exclusively for, the residents of an age-restricted segment of the
population above a minimum age of 55 years.
[Amended 3-15-2010 by Ord. No. 2010-03]
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities, or specified anatomical areas, defined as set forth
in the definition of "adult stores."
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities, or specified anatomical areas, defined as set forth
in the definition of "adult stores."
ADULT STORES and ADULT BOOKSTORES
An establishment having a substantial portion of its stock-in-trade
in books, magazines, other periodicals, movies and videos which are
distinguished or characterized by their emphasis on matter depicting,
describing, or relating to "specified sexual activities," or "specified
anatomical areas," defined as follows:
A.
Human genitals in a state of sexual stimulation
and arousal.
B.
Acts of human masturbation, sexual intercourse
or sodomy.
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
D.
Specified anatomical areas:
(1)
Less than completely and opaquely covered:
(a)
Human genitals or pubic region;
(c)
Female breast below a point immediately above
the top of the areola; and
(2)
Human male genitals in a discernible turgid
state, even if completely and opaquely covered.
ADVERSE EFFECT
Conditions or circumstances that the approving board determines
are likely to be created by a proposed development and likely to impose,
aggravate or lead to impractical, unsafe or unsatisfactory conditions
on adjoining properties or the surrounding community, including, but
not limited to, inadequate drainage facilities, unsuitable street
grades, street locations that fail to compose a safe system, excessive
noise, obnoxious odor and failure to provide or make future allowances
for access to the interior portion of adjoining lots or for other
facilities contemplated by this chapter, the Master Plan, or the Capital
Improvements Program.
AGGRESSIVE SOILS
Soils which are likely to be corrosive to cast iron and ductile
iron pipe.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
ALTERATION
A change or rearrangement in the structural parts of a building
or structure.
ALTERNATIVE TOWER STRUCTURE
Mounting structures that camouflage or conceal the presence
of antennas or towers.
[Added 3-27-2000 by Ord. No. 06-00]
AMUSEMENT CENTER
A business establishment utilized, wholly or in part, for
the accommodation of not more than two amusement devices or facilities.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical
treatment.
ANIMAL KENNEL
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents and fees
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
APPROVING BOARD
Either the Planning Board or Zoning Board of Adjustment,
whichever board has jurisdiction over the application for development.
AQUIFER
A subterranean bed or stratum of earth, gravel or porous
stone that contains water and forms a natural reservoir for underground
water.
AUCTION
A sale of items to the highest bidder.
AUTOMOTIVE GASOLINE STATION
Any establishment servicing motor vehicles, including self-service,
with fuel and oil, but not including repairs, changing of tires or
any other replacement of accessory parts.
AUTOMOTIVE REPAIR GARAGE
Any establishment servicing motor vehicles, including, but
not limited to, major repair services, vehicle parts sales, wrecker
and hauling services, body work and painting and heavy repair requiring
engine or drive-train dismantling. Whenever trucks or heavy equipment
are repaired even for oil changes, lubrication, minor tune-ups, installation
of batteries, tires, wiper blades and similar minor repairs, the establishment
shall be considered to be an "automotive repair garage."
AUTOMOTIVE SALES AND SERVICES
Any establishment selling or leasing motor vehicles, new
or used, supplies and accessories; provided that such use may include
the functions of an automotive repair garage as an ancillary use.
AUTOMOTIVE SERVICE STATION
Any establishment servicing motor vehicles with gas, oil,
lubrication services, lubricants and other vehicle maintenance supplies
and parts and equipment not requiring extensive or prolonged mechanical
work for installation. Service work offered should be limited to towing,
oil changes, lubrication, minor tune-ups, installation of batteries,
tires, wiper blades and similar equipment, wheel balancing and alignment
and the replacement of minor mechanical parts such as hoses, spark
plugs, ignition wiring, points, alternators, water pumps and similar
parts.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers or the public switched telephone network.
[Added 3-27-2000 by Ord. No. 06-00]
BANNER
Any sign of lightweight fabric or similar material that is
mounted to a pole or a building. National flags, state or municipal
flags, or the official flag of any institution or business shall not
be considered a banner.
BARRIER CURB
A steep-faced curb intended to prevent encroachments.
BASEMENT
That portion of a building which is partly below and partly
above grade, and having 1/2 or more of its height, measured from floor
to ceiling, above the average finished grade.
BATTERY
A container consisting of one or more cells, in which chemical
energy is converted into electricity and used as a source of power.
[Added 9-21-2020 by Ord.
No. 2020-17]
BEDROOM
A room planned or used primarily for sleeping.
BELGIAN BLOCK CURB
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
BERM
A mound of soil, either natural or man-made.
BICYCLE LANE
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
BICYCLE PATH
A pathway separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.
BILLBOARD
A commercial sign that directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
[Amended 10-25-2010 by Ord. No. 2010-28]
BLOCK
The area bordered by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required by this chapter.
BOARD
The Planning Board or the Zoning Board of Adjustment of the
Township of Old Bridge as the context of this chapter so requires.
BOARDINGHOUSE
A residential building offering at least three but not more
than six rooms for rent with meals, and in which no transients are
accommodated.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to limit a continuous view of and/or sound
from the site to adjacent sites or properties. Buffers are intended
to minimize the impact of new developments on existing development
or to insulate new development from potentially adverse surrounding
influences.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
The measurement of area, expressed as a percentage of the
total lot area, by which all buildings occupy a lot, as measured on
a horizontal plane around the periphery of the facades, including
without limitation the area under the roof of any structure supported
by columns, but not having walls, as measured around the outside of
the outermost extremities of the roof above the columns.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof. Except as otherwise regulated herein, projections
usually appurtenant to buildings such as chimneys, spires, water towers,
elevator penthouses, tanks and similar projections, but not including
signs, are excluded from building height.
[Amended 10-25-2010 by Ord. No. 2010-31]
CALIPER
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for over four inches in diameter.
CAMPER
A.
A self-propelled, vehicular structure built
as one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term uses which may contain cooking,
sleeping, and sanitary facilities.
B.
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation, or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another.
C.
A portable, vehicular structure built on a chassis,
designed for camping, the body of which is basically rectangular with
a flat top not more than four feet above the surface of the ground.
The camper is designed to have a temporary tent erected above the
four-foot level for camping activities.
D.
A portable structure built on a chassis, designed
for towing and as a temporary dwelling for travel, recreation, vacation
and other short-term uses and having an outside body width not exceeding
eight feet and a length not exceeding 30 feet, and which may contain
cooking, sleeping and sanitary facilities.
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project.
CARPORT
A structure with a roof for storing automobiles, enclosed
by not more than three sides.
CARTWAY
The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the "cartway" is that portion between
the edges of the paved, or hard surface, width.
CAR WASH
A building or structure, or portion thereof, used in a commercial
enterprise where vehicles are washed or cleaned with the use of mechanical
devices.
CEMETERY
A use of land for the burial of the dead.
CHANNEL
The bed and banks of a watercourse which convey the constant
or intermittent flow of the watercourse.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
CHARGING LEVEL
The standardized indicators of electrical voltage at which
an electric vehicle's battery is recharged. Typical electric vehicle
charging levels and specifications are:
[Added 9-21-2020 by Ord.
No. 2020-17]
A.
LEVEL 1Charging stations that provide charging through 120-volt (V) AC dedicated circuit breakers. Based on battery type and vehicle, Level 1 charging adds about two to five miles of range to an EV per hour.
B.
LEVEL 2Charging stations that provide charging through 240V or 208V AC dedicated circuits of 20 to 100 amps, depending on the charging station requirements. Based on the battery type, charger configuration, and circuit capacity, Level 2 charging adds about 10 to 20 miles of range to an EV per hour of charging time.
C.
DC FAST CHARGINGCharging stations that provide charging through a 480V or 208V AC dedicated circuit. DCFC enables rapid charging and is often located along heavy traffic corridors and at public charging locations. Based on battery type and vehicle, DCFC can add about 60 to 80 miles of range to an EV in 20 minutes of charging time.
CHARGING STATION EQUIPMENT
The conductors, including ungrounded and grounded, and the
electric vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, charging stations or apparatus installed specifically
for the purpose of delivering electrical energy from the charging
station to the electric vehicles.
[Added 9-21-2020 by Ord.
No. 2020-17]
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, transmission lines, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses and other storage buildings or
transhipment points.
CLINIC
Any place used for the administering of medical or dental
treatment free or at a low cost, or any place used as an inpatient
or outpatient medical or dental treatment center wherein certain medical
and dental conditions and disorders are treated primarily through
surgical intervention that is not commonly performed in traditional,
private medical or dental practice offices.
CLUB
A nonprofit corporation, organization or association of persons
who are members thereof which owns or leases a building, or part thereof,
for the use of members or guests. Said "clubs" or lodges shall have
been principally established for the promotion of a common objective
and shall be distinctly not considered as a semipublic use under the
provisions of this chapter. Food, meals and alcoholic beverages may
be served as an incidental function.
COLLOCATION
The attachment of commercial wireless telecommunication antenna
to an existing tower.
[Added 3-27-2000 by Ord. No. 06-00]
COLUMBARIUM
A structure, located in a cemetery, which has vaults lined
with recesses for cinerary urns.
COMMERCIAL VEHICLES
Vehicles used for business, retail, service or industrial
purposes which are required to be registered as such under the laws
governing the registration of such vehicles.
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
Licensed commercial wireless telecommunication services including
cellular, personal communication services, specialized mobilized radio,
enhanced specialized mobilized radio, paging and similar services
that are marketed to the general public.
[Added 3-27-2000 by Ord. No. 06-00]
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and/or owners of the development. As defined herein,
"common open space" may contain such complementary structures and
improvements as are necessary and appropriate for the use or enjoyment
of residents and owners of the development.
COMMON PROPERTY
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
COMMUNITY IMPACT STATEMENT
A written and, if appropriate, graphic analysis, containing, as a minimum, the information required by §
250-13F, and projecting the impact of the proposed development on existing municipal facilities and services, and projecting future requirements for such facilities and services, together with their estimated cost.
COMMUNITY RESIDENCE FOR DEVELOPMENTALLY DISABLED
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance under such supervision as required to not more
than 15 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.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the New Jersey Department of Human Services, providing food, shelter,
medical care, legal assistance, personal guidance, and other services
to not more than 15 persons who have been victims of domestic violence,
including any children of such victims, who temporarily require shelter
and assistance in order to protect their physical or psychological
welfare.
COMPLETE APPLICATION
An application certified as complete by the administrative officer when it meets all of the submission requirements as specified in §
250-13G.
CONCEPT PLAN
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter.
CONDOMINIUM
Ownership of real property combining ownership in fee simple
of a portion of dwelling unit extending inward from the center of
the exterior walls, upward from the center of the floor partition
and downward from the center of the ceiling partition, and undivided
ownership in common with other dwelling unit owners of the common
elements in the remainder of the structure and the land and its appurtenances.
CONSTRUCTION OFFICIAL
The officer or other designated authority charged with the
administration and enforcement of the New Jersey Uniform Construction
Code within the Township.
CONVENIENCE STORE
A retail establishment of greater than 2,000 square feet
and up to 5,000 square feet selling primarily food products, household
items, newspapers and magazines, candy and beverages, and freshly
prepared foods such as sandwiches and salads for off-premises consumption.
[Amended 3-11-2019 by Ord. No. 2019-05]
COURTYARD
An open, unoccupied space bounded on at least two opposing
sides by a building wall, but not a front, side or rear yard.
CRITICAL AREA
Land which lies within freshwater wetlands (and the statutorily
required transition area related thereto), tidal and coastal wetlands,
floodways, lakes and ponds, and areas with slopes in excess of 30%.
CUL-DE-SAC
A local street with only one outlet and having the other
end designed for the reversal of traffic movement.
CULVERT
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk.
CURB
A vertical or sloping edge of a roadway. See also "Belgian
block curb," "barrier curb," "mountable curb."
DANCE HALL, DANCE CLUB or DISCO
An establishment wherein the primary attraction is dancing
to either live or recorded music.
[Added 8-1-2005 by Ord. No. 21-2005]
DAY-CARE CENTER
A facility duly licensed by the New Jersey State Department
of Human Services for the care and accommodation of six or more children.
DEDICATION
The act of transferring legal fee simple title in real property,
or an interest therein, to a governmental or quasi-governmental entity
for public or quasi-public purposes.
DEMOLITION
The partial or total razing or destruction of any building,
structure or other improvement.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
DESIGN FLOOD PROFILE
The elevations of the water surface of the floodway design
flood and flood hazard area design flood.
DETENTION BASIN
A man-made or natural water collection facility designed
to collect surface and subsurface water in order to impede its flow
and to release the same gradually into natural or man-made outlets
at a controlled rate consistent with sound downstream stormwater management
practices.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or any other person
having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, alteration, relocation
or enlargement of any building or other structure or of any mining,
excavation or landfill facility, and any change in use of any building
or other structure or land or extension of use of land, including
alteration to a site. The alteration of the facade of an existing
building, other than a one- or two-dwelling-unit building, shall be
considered a development for purposes of this chapter.
DISTRICT
The zone districts established under this chapter.
DIVIDED STREET
A street having an island or other barrier separating moving
lanes.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading, or other man-made or material 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 non-point 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 alleviation
of flooding.
DRAINAGE STRUCTURE
Any structure, regardless of material(s), whether installed
on, above or below the surface of a parcel of land that aids in the
drainage system, as defined herein. The term includes, but is not
limited to, pipes, inlets, manholes, headwalls, retaining walls, and
inlet and outlet structures.
[Added 4-9-2018 by Ord.
No. 2018-10]
DRAINAGE SYSTEM
The system through which drainage water flows from the land,
including all watercourses, waterbodies and wetlands.
DRIVE-IN ESTABLISHMENT
An establishment, other than a drive-in restaurant, in which
the primary use is designed to provide, either wholly or in part,
service to customers while in their automobiles parked or standing
upon the premises.
DRIVEWAY
A paved or unpaved area used for ingress and egress of vehicles
to or from a street, and allowing access from a street to a building
or other structure or facility.
DWELLING, MULTIFAMILY
A building not more than 2 1/2 stories and not more
than 30 feet in height, on one lot, used and designed primarily as
horizontal construction units and as a residence for three or more
families living independently of each other.
DWELLING, PATIO HOME
A single-family detached housing type on a separate lot,
characterized by a zero lot line configuration with little or no side
yard setback on one boundary, and outdoor living space (e.g., patio
or courts) integrated into the building design.
DWELLING, SINGLE-FAMILY DETACHED
A detached building, located on a separate lot and other
than a patio home dwelling, designed for, or occupied exclusively
by, one family.
DWELLING, TOWNHOUSE
A dwelling consisting of more than two attached single-family
residences, constructed in a continuous row, in a development within
which each residential unit is primarily a vertical construction unit
served by its own utilities and other services.
DWELLING UNIT (D/U)
A house, trailer or other structure or a portion of any building
or structure designed, arranged or used for living quarters for one
or more persons living as a single housekeeping unit with cooking
and bathroom facilities, but not including units in hotels or other
structures designed for transient residence.
EASEMENT
A right granted, but not dedicated, to a governmental or
quasi-governmental entity for limited use of private land for a public
or quasi-public purpose.
EAVES
The lowest horizontal line of a sloping roof.
ELECTRIC VEHICLE (EV)
A vehicle that operates, either partially or exclusively,
on electrical energy from a charging station or other electrical energy
source that is stored in the vehicle's battery for propulsion purposes.
[Added 9-21-2020 by Ord.
No. 2020-17]
ELECTRIC VEHICLE CHARGING STATION (EVCS)
Equipment that has as its primary purpose the transfer of
electric energy by conducive or inductive means to a battery or other
energy storage device located onboard an electric vehicle. Various
type of charging stations include:
[Added 9-21-2020 by Ord.
No. 2020-17]
A.
ACCESSIBLE CHARGING STATIONA charging station incorporated into or immediately adjacent to a handicapped parking space as "handicapped parking space" is defined by the New Jersey State Statutes.
B.
DC FAST CHARGING STATIONA charging station that provides any single-phase voltage or current rating higher than that of Level 2 or any three-phase supply voltage configuration.
C.
PRIVATE CHARGING STATIONA charging station that is a) privately owned and restricted access or b) publicly owned and restricted.
D.
PUBLIC CHARGING STATIONA charging station that is a) publicly owned and publicly available or b) privately owned and publicly available.
ELEVATION
A vertical distance above or below a fixed reference level.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
ENVIRONMENTAL IMPACT STATEMENT
A written and graphic statement describing, analyzing and
assessing the anticipated effects of a proposed development on environmental
constraints and critical lands.
ERECT
To build, construct, attach, place, suspend, or affix, and
shall also include the painting of wall signs and the painting of
signs or displays on the exterior surface of the building, structure
or material surface.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, and gravity.
EXTERIOR WALL
Any wall which defines the exterior boundaries of a building
or structure.
EXTERNAL ILLUMINATION
A sign illuminated by floor lights or spotlights affixed
to the exterior of a sign, its supporting structure or the ground.
FACADE
The total wall surface, including door and window areas of
a building's face. Each wall surface shall be considered a separate
facade.
FAMILY
One or more persons occupying a premises and living as a
single nonprofit housekeeping unit.
FAMILY DAY-CARE HOME
Any private dwelling approved by the New Jersey Division
of Youth and Family Services or an organization with which said division
contracts for daily day care in which child care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours per week.
FARM
An area of land which is actively devoted to agricultural,
silvicultural or horticultural use and which occupies no less than
three acres, exclusive of the land upon which the farmhouse is located
and such additional land as may be provided in accordance with N.J.S.A.
54:4-23.4, 4-23.5 and 4-23.11
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm produce, provided that such building is located
on, operated in conjunction with, and necessary to the operation of
the farm.
FEE SIMPLE
Ownership of real property combining ownership of a building
or structure and the lands upon which it is situated.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
FENCE, OPEN
A fence which is greater than 50% open to the direct line
of vision.
[Amended 11-14-2022 by Ord. No. 2022-31]
FENCE, SOLID
A fence which is less than 50% open to the direct line of
vision.
FINAL PLAT
The final map of all or a portion of the subdivision which
is presented to the municipal agency as provided for in this chapter.
FLEA MARKET
An indoor or outdoor market at which new or secondhand merchandise
is sold by individual vendors from booths, stalls or parked vehicles.
FLEX SPACE
Flex space is a use designation that allows businesses to
customize their spaces to suit their specific needs. It permits a
mixing of office/warehousing/light industrial uses within individual
tenant spaces. Flex buildings contain multifunction spaces that can
be designed to fit a wide variety of uses, including office, assembly,
contractor, shop, showroom, laboratory, light manufacturing, and warehouse
space. Flex buildings accommodate service and light industrial users
who need to integrate their office requirements with their production
and storage space at a single location. The total floor area of flex
uses on a single building shall be limited to 50,000 SF.
[Added 9-13-2022 by Ord. No. 2022-24]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry areas from:
A.
Inland or tidal waters; and
B.
The unusual and rapid accumulation or runoff
of surface water from any source.
FLOOD HAZARD AREA
Land in the floodplain subject to a 1% or greater chance
of flood in any given year.
FLOOD HAZARD BOUNDARY MAP
The current Federal Emergency Management Agency Map of the
Township on which the boundaries of the flood area having special
hazards have been designated.
FLOOD INSURANCE RATE MAP
The current Federal Emergency Management Agency Map of the
Township on which has been delineated the special flood hazard areas
in the Township for flood insurance purposes.
FLOODPLAIN
The relatively flat area adjoining a water channel which
has been or may be covered by floodwater of the channel, including
the floodway, flood fringe area, and the flood hazard area.
FLOODPLAIN MANAGEMENT REGULATIONS
State or local regulations, or any combination thereof, which
provide standards for the purpose of flood damage prevention or reduction.
FLOODWAY
The river or other watercourse and the adjacent land area
that must be reserved in order to discharge the design flood without
cumulatively increasing the water surface elevation more than 0.2
foot.
FLOOR AREA RATIO (FAR)
The sum of the gross floor areas of all buildings or structures
compared to the total area of the site proposed for development; provided,
however, that the amount of gross floor occupied or proposed to by
occupied by a day-care center which is accessory to and operated solely
for the benefit of the employees of the primary business shall not
be included in calculating the FAR.
[Amended 3-15-2010 by Ord. No. 2010-03]
FRESHWATER WETLANDS
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; provided, however, that the three-parameter
approach (i.e., hydrology, soils and vegetation) enumerated in the
April 1, 1987 extension - final draft "Wetlands Identification and
Delineation Manual" adopted by the United States Environmental Protection
Agency, and any subsequent amendments thereto, shall be utilized in
designating a wetland.
GARAGE, PARKING
A building, or part thereof, which is used for commercial
purposes and is used only for the storage of motor vehicles.
GARAGE, PRIVATE
An accessory building or part of a principal building used
only for the storage of motor vehicles as an accessory use. In a residential
zone, a "garage" is intended for and used for storing privately owned
motor vehicles, boats and trailers and personal belongings of the
family or families resident in the principal residential use on the
lot.
GARDEN CENTER
A retail or wholesale operation which sells nursery plants,
seasonal plants, gardening supplies and equipment. Outside storage
of live plants is normally associated with the operation; however,
all other storage need not be located outside a building or structure.
GENERAL DEVELOPMENT PLAN
A plan outlining general, rather than detailed, development
intentions. It describes the basic parameters of a major development
proposal, rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive costs involved in submitting a detailed proposal.
GENERAL TERMS AND CONDITIONS
The conditions under which preliminary approval is granted,
including zoning standards, subdivision plat and site plan details,
to the extent reviewed by the approving board, off-site improvements
and design standards.
GOLF COURSE
Any tract having an area of 50 or more acres set aside for
playing the game of golf and containing at least nine holes in length,
together with the necessary and usual accessory uses and structures,
including, but not limited to, clubhouse facilities; dining and refreshment
facilities; swimming pools; and tennis courts; provided, however,
that the operation of such facilities is incidental and subordinated
to the operation of the golf course.
GRADE
The slope of land specified in percentage (%) terms.
GRADE, FINISHED
The design or as-built elevation and slope of lawns, walks,
pavements, roads and other surfaces brought to grade as shown on official
plans or designs relating thereto.
GRADE LEVEL OF SIGNS
The lowest point of the elevation of the finished surface
of the ground where the sign support meets the ground.
GRADIENT
The degree of rise or descent of a sloping surface above
or below a horizontal plane.
GREENHOUSE
An enclosed structure of glass or clear plastic.
GROSS DENSITY
The number of dwelling units per gross acre of land to be
developed.
GROSS FLOOR AREA
The sum of the areas of all floors of a nonresidential building,
including without limitation interior halls, basements and mezzanines,
but excluding exterior balconies, decks, porches and garages. In determining
gross floor area, all horizontal dimensions of each floor are to be
measured by the exterior faces of walls of each such floor. In residential
buildings, finished and unfinished basements shall be excluded from
the calculation of gross floor area.
[Amended 11-19-2018 by Ord. No. 2018-28]
GROSS LEASABLE AREA
The total floor area for which a tenant pays rent and which
is designed for the tenant's occupancy and exclusive use.
GROSS PARKING AREA
The number of off-street parking spaces required by this
chapter multiplied by 320 square feet.
GROUND COVER
Low-growing plants or sod that, in time, form a dense mat
covering the area in which they are planted preventing soil from being
blown or washed away and preventing the growth of undesirable plants.
GUTTER
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying runoff water.
HEAVY INDUSTRIAL
Such uses including but not limited to oil, mining, shipbuilding,
steel, chemicals, machinery manufacturing and similar industries that
do not meet the definition, bulk and performance standards of a light
industrial use, and which produce a product to be used by intermediates
rather than end users.
[Added 3-11-2019 by Ord.
No. 2019-05]
HEIGHT
When referring to a tower, the "height" shall mean the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
[Added 3-27-2000 by Ord. No. 06-00]
HISTORIC PRESERVATION COMMISSION
The Old Bridge Township Historic Preservation Commission established pursuant to Chapter
5, Article
XXI, Historic Preservation Commission, of the Code of the Township of Old Bridge.
HISTORIC SITE OR STRUCTURE
Any building, structure, site, or object which is designated
as being of historical, archaeological, cultural, scenic or architectural
significance in a document entitled "The Historic, Cultural and Architectural
Resources of the Township of Old Bridge," dated December 1981 (revised
through August 1982) which document is incorporated into and constitutes
the historic preservation plan element of the Master Plan.
HOME BUSINESS
An occupation, other than a home occupation or home professional
office, conducted entirely within a detached dwelling unit, which
occupation is clearly incidental and secondary to the use of the lot
for residential purposes.
HOME OCCUPATION
An occupation conducted entirely within a dwelling unit by
residents of the dwelling unit, which occupation is clearly incidental
and secondary to the use of the dwelling unit for residential purposes
and with respect to which occupation:
A.
There is no exterior evidence of the occupation;
B.
There are no employees other than the residents;
C.
No deliveries of stock or inventory are made
to the premises;
D.
No sounds related to the occupation are audible
outside the dwelling unit;
E.
No equipment used in the occupation causes interference
with radio and television reception in neighboring residences;
F.
The occupation does not utilize, handle or store
hazardous wastes or substances; and
G.
Except with respect to the provision of day-care
services by a family day-care home, the residents do not meet at the
premises with patrons or clients of the occupation. A family day-care
home constitutes a home occupation.
HOMEOWNERS' ASSOCIATION
A community association which is organized in a development
in which individual unit owners share common interests in open space
or facilities, and/or common ownership and maintenance responsibilities
for such open space or facilities.
HOME PROFESSIONAL OFFICE
An office maintained in a residence incidental to and part
of a residential detached dwelling unit on the lot and used as the
office of a dentist, architect, engineer, physician, surgeon, accountant,
lawyer, teacher or similar recognized professional occupation.
HOSPITAL
An institution which maintains and operates organized facilities
and services for the diagnosis, treatment or care of persons suffering
from illness, injury or deformity and/or for obstetrics and in which
all diagnosis, treatment and care are administered by, or performed
under the direction of, persons licensed to practice medicine or osteopathy
in the State of New Jersey and which is required to conform to the
revised standards for hospital facilities as adopted by the State
Board of Control of the Department of Health.
HOTEL/MOTEL
A series of attached, semiattached, or detached dwelling
units operated as a single business, containing individual sleeping
or living units with bathrooms and closet space, with or without kitchens,
and designed for or used to provide housing accommodations, for a
consideration, to tourists, transients and travelers, and held out
to the public as accommodations by the day, week or month.
HOUSE OF WORSHIP
A.
A church, mosque, synagogue, temple, or other facility that
is used for prayer by persons of similar beliefs.
B.
A special-purpose building that is architecturally designed
and particularly adapted for the primary purpose of conducting formal
religious services on a regular basis.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is resistant to infiltration by water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
IMPROVED STREET
Any street which is described in N.J.S.A. 40:55D-35 and which
conforms to the construction standards.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
INSTITUTION OF HIGHER EDUCATION
An educational institution of higher learning chartered by
the state, or a private educational institution approved by, and subject
to regulations prescribed by, the state and giving instructions or
affording facilities for study and research in academic or technical
subjects, primarily at or above the college level.
INTERESTED PARTY
Any person, whether residing within or without the Township
of Old Bridge, whose right to use, acquire, or enjoy property is,
or may be, affected by any action taken pursuant to this chapter,
or whose right to use, acquire, or enjoy property has been denied,
violated or infringed by an action or a failure to act pursuant to
this chapter.
INTERNALLY ILLUMINATED
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign.
ISLAND (IN STREET DESIGN)
A raised area usually curbed, placed to guide traffic, separate
lanes, or used for landscaping, signage or lighting.
JUNKYARD OR SALVAGE YARD
A lot or structure, or part thereof, used primarily for the
collection, storage and sale of wastepaper, rags, scrap metal or discarded
material, or for the collection, dismantling, storage and salvaging
of machinery and/or motor vehicles.
LAKE
A natural or artificial body of water which retains water
year-round.
LAND
Real property, including improvements and fixtures on, above,
or below the surface.
LAND DISTURBANCE
Any activity involving the clearing, excavating, storing,
grading, filling of land or transporting of soil, surface water channel
alteration or any other activity which cause soil to be exposed to
the danger of erosion.
LANDLOCKED
Property which has no lot line, or portion thereof, adjacent
to a public street.
LANDSCAPE AREA RATIO
The amount of landscaped area after development compared
to the total lot area.
LANDSCAPED AREA
Areas containing trees, shrubs and ground covers, pedestrian
and recreation areas, ponds, streams or any other similar areas but
not including areas occupied by buildings or structures, paving for
parking, loading or access thereto, required buffers or areas utilized
for outside storage.
LIGHT INDUSTRIAL
Fabrication, assembly or processing of food, goods or materials where such activities or materials create no hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent and are subject to performance standards included in §
250-43 of the LDO. Most light industrial products are produced for end users rather than as intermediates for use by other industries.
[Added 3-11-2019 by Ord.
No. 2019-05; amended 9-13-2022 by Ord. No. 2022-24]
LIVESTOCK
Animals grown, raised or bred for sale for human consumption
or pleasure.
LOADING SPACE
An off-street space or berth, other than a required off-street
parking space, on the same lot with a building or group of buildings,
having direct access to an access aisle, and used for the temporary
parking of a commercial vehicle while loading or unloading.
LOT
A designated parcel, tract or area of land established by
a plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding the area and expressed in terms of square feet
or acres, not including any portion of a lot included in a street
right-of-way.
LOT, CORNER
A lot or parcel of land abutting two or more intersecting
streets when the interior angle of the intersection does not exceed
120°.
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
[Amended 6-25-2007 by Ord. No. 2007-10]
LOT FRONTAGE
The horizontal distance between side lot lines measured along
the street line.
LOT LINE
The legal boundary line of a parcel of land.
LOT LINE, FRONT
The lot line separating the lot from the road right-of-way.
With respect to a corner lot, the narrower of the lot lines separating
the lot from the road rights-of-way shall be the front lot line.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. With respect
to a corner lot, the line opposite the longer of the right-of-way
lines shall be the side lot line.
[Amended 3-15-2010 by Ord. No. 2010-03]
LOT, THROUGH
A lot running through from one street to another.
LOT WIDTH
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back horizontally from the street line.
MAINTENANCE GUARANTEE
Cash or a maintenance bond insured by a surety company, or
an irrevocable bank letter of credit required to secure the costs
of maintaining any improvements required by this chapter.
MANHOLE
An inspection chamber whose dimensions allow ease of entry
and exit and working room for a person inside.
MANUFACTURED HOME
A unit of housing which:
A.
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site;
B.
Is built on a permanent chassis;
C.
Is designed to be used, when connected to utilities,
as a dwelling unit with a permanent foundation; and
D.
Is manufactured in accordance with the standards
promulgated for a manufactured home pursuant to the "National Manufactured
Housing Construction and Safety Standards Act of 1974," Pub. L. 93-383
(42 U.S.C. 5401 et seq.) and the standards promulgated for a manufactured
mobile home by the Commissioner of the New Jersey Department of Community
Affairs pursuant the "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.).
MARGINAL ACCESS STREET
A service street that runs parallel to a higher-order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic.
MASTER PLAN
The document entitled "Old Bridge Township Master Plan,"
dated December 1987, as amended from time to time by the Planning
Board, pursuant to N.J.S.A. 40:55D-28.
MAUSOLEUM
A structure, located in a cemetery, which has vaults for
the storage of caskets.
MEDIAN
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
MEMBER OF THE IMMEDIATE FAMILY
A parent, grandparent, guardian, child, sibling, ward, or
the spouse, or sibling of a parent, grandparent, guardian, child,
sibling or ward.
MINI MART
A retail establishment of up to 2,000 square feet that is
located on the same lot and is accessory to a gasoline station.
[Added 3-11-2019 by Ord.
No. 2019-05]
MIXED-USE DEVELOPMENT
A development which includes residential, public, quasi-public,
commercial, office, and open space uses, and which has significant
functional and physical integration of project components, including
without limitation uninterrupted pedestrian connections, and which
is in conformance with a comprehensive design plan.
MOUNTABLE CURB
A low curb with a flat slope designed to be crossed easily
without discomfort.
MOVING LANE
Any traffic lane where traffic movement is the primary if
not sole function.
MULCH
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
MULTIPLE OCCUPANCY AND TENANCY SIGN
A single sign relating to a use or facility, such as a shopping
center, industrial park or office complex, where there is more than
one occupancy and/or tenancy of uses, where said multiple occupancy
and tenancy use a common parking facility and/or a common private
drive or roadway and where the names and professions or business names
of the various tenants and/or occupants are displayed.
MUNICIPAL AGENCY
Either the Planning Board or the Zoning Board of Adjustment
or the governing body, when acting pursuant to the MLUL, depending
on which Board has reviewing authority. The word "agency" shall mean
"municipal agency."
NET HABITABLE FLOOR AREA
The sum of the horizontal area of all the stories of a residential
building as measured from the exterior face of exterior building walls,
or from the center of a wall separating two buildings and having headroom
of at least 7 1/2 feet. In such residential building any garages,
carports, half stories and basement, cellar or attic, including walk-out
basements, shall not be included in the calculation of net habitable
floor area.
[Amended 11-19-2018 by Ord. No. 2018-28]
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
NIGHTCLUB
An establishment wherein live entertainment is the primary
attraction and which operates primarily at night, caters to adult
patrons, offers food and/or drink, and wherein an area for dancing
may also be provided. For purposes of this chapter, comedy clubs shall
be considered nightclubs.
[Added 8-1-2005 by Ord. No. 21-2005]
NURSERY SCHOOL
A school licensed by the State of New Jersey to provide daytime
care or instruction for two or more children from two to five years
of age, inclusive, and operated on a regular basis.
NURSING HOME
A home for the aged, chronically ill or incurable who are
housed or lodged and furnished with food and nursing care for compensation.
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property which is the subject of a development application,
or a contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application, or on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the zone lot which is the subject of a development
application.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application, or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OPEN SPACE RATIO
The amount of land that is landscaped or left in a natural
state after development compared to the total site area.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having a proprietary interest in the land which is
the subject of a development application.
PAD SITE
A freestanding use within a shopping center or commercial
development generally leased or sold for commercial activities such
fast-food restaurants, chain restaurants, banks, pharmacies and similar
uses.
[Added 3-11-2019 by Ord.
No. 2019-05]
PARK AND RIDE FACILITY
A parking area designated as a transportation internodal
transfer point terminal, most frequently used for transfer from private
automobile to bus or other common carrier or public transportation.
PARKING LANE
A lane, set on the sides of streets, designed to provide
on-street parking for vehicular traffic.
PARKING SPACE
An off-street space available for the parking of a motor
vehicle.
PARTY WALL
A common wall shared between two separate structures, buildings,
or dwelling units.
PAVEMENT
The artificial surface used in covering streets, sidewalks,
parking areas and similar areas.
PENNANT
Any lightweight plastic, fabric or other material, suspended
from a rope, wire or string, usually in series, and designed to move
with the wind.
PENNY ARCADE
An establishment with more than two coin-operated amusement
games, such as pinball machines, electronic games, coin-operated bowling
games and the like, or more than one jukebox.
PERC TEST (PERCOLATION TEST)
A test designed to determine the ability of ground to absorb
water, and used in determining the suitability of a soil for drainage
or for the use of a septic system.
PERFORMANCE GUARANTEE
Cash, a performance bond insured by a surety company, or
an irrevocable bank letter of credit required to secure the proper
construction of any improvements required by this chapter; provided,
however, that no more than 10% of the total performance guaranty shall
be required in the form of cash.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel including
but not limited to barbershops, beauty salons, dry cleaning, self-service
laundries, shoe repair, tailoring, household services and similar
uses except for escort services, tattooing and body piercing, massage
parlors, steam and sauna baths, which shall be excluded.
[Added 3-11-2019 by Ord.
No. 2019-05]
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
PHYSICALLY HANDICAPPED
A person who suffers from a physical impairment which confines
the person to a wheelchair, causes the person to walk with difficulty
or insecurity, affects the sight or hearing to the extent that the
person functioning in public areas is insecure or exposed to danger,
causes faulty coordination or reduces mobility, flexibility, coordination
and perceptiveness to the extent that facilities are needed to provide
for the safety of the person.
PLANNING BOARD
The Planning Board of the Township of Old Bridge established pursuant to N.J.S.A. 40:55D-23 and §
250-8 of this chapter.
PLAT
A map or maps of a subdivision.
PREEXISTING TOWER AND ANTENNA
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this chapter including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 3-27-2000 by Ord. No. 06-00]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is situated.
PRINCIPAL USE
A use which is the primary use of the lot. In any residential
zone, a dwelling on a lot shall be deemed the principal use of that
lot.
PRIOR NONCONFORMING LOT
A lot, the area, dimension, or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
PRIOR NONCONFORMING STRUCTURE
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.
PRIOR NONCONFORMING USE
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.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, including
without limitation doctors, ministers, dentists, architects, professional
engineers, lawyers, accountants and other similar professional occupations.
PROJECTION
An extension of a building which protrudes or juts out from
the vertical plane of the building.
PROPORTIONATE SHARE
The portion of the total capital improvement costs for off-tract
water, sewer, drainage and street improvements that are reasonably
attributable to new development pursuant to N.J.S.A. 40:55D-43 (also
entitled "pro rata share").
PROVISIONAL USE
A permitted primary use solely in conjunction with a residential cluster or planned development pursuant to §
250-62 or
250-63.
PUBLIC DRAINAGEWAY
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 channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
municipality, board of education, state or county agency or other
public body for recreational or conservational uses and which may
include buffers required by other sections of this chapter, or by
state regulations.
PUBLIC SEWER AND/OR WATER SYSTEM
Any system, other than an individual sewage disposal system
or individual well, that is operated by the municipality, a government
agency, homeowners' association or a public utility for the collection,
treatment and disposal of wastes and/or the furnishing of potable
water.
PUBLIC USE
Any use of the land or structures thereon which is owned
and used by the federal, state, county or municipal governments, or
agencies thereof. "Public use" shall also include property not owned
by a governmental entity, but which is leased or used by that entity.
QUASI-PUBLIC USE
Any use which is public in nature but which is owned and
used by a private interest group.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities, and operated as a business and open to the
public for a fee or operated by a nonprofit organization and open
only to bona fide members and guests of such nonprofit organization
or open to general public.
[Added 3-11-2019 by Ord.
No. 2019-05]
REPAIR
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
RESERVE STRIP
A privately owned strip of land of less than the lot depth
required by this chapter and bounded on one side by a proposed street
and on the other by the boundary of a subdivision containing said
proposed street.
RESIDENTIAL AGRICULTURE
The growing and harvesting of plant life and/or the keeping
of farm animals for the enjoyment of the residents on the property
and not primarily for commercial purposes; provided, however, that
a roadside produce stand of no more than 100 square feet may, subject
to all applicable regulations set forth in this chapter, be included
as a part of the residential agriculture use.
[Amended 6-25-2007 by Ord. No. 2007-10]
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units, employing the reduction in lot area provided for under §
250-62 of this chapter and having a common or public open space area as an appurtenance.
RESIDENTIAL STREET
A street, or portion thereof, which primarily serves abutting
residential land uses and/or a residential area.
RESIDENTIAL USE
The use of a building, or part thereof, as a dwelling unit.
RESTAURANT
Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
golf course, play field or park, operated solely by the agency or
group operating the recreational facility and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
Similarly, a small eating area within or associated with a larger
use such as a department store, bowling alley, commercial recreation
facility, nightclub, dance hall, bus, train or other mass-transit
station, shall not be deemed to be a restaurant.
[Amended 8-1-2005 by Ord. No. 21-2005]
RESTAURANT, DRIVE-IN
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools or bars outside the building or primarily
in automobiles by the customer or by employees of the restaurant,
regardless of whether or not additional seats or other accommodations
are provided for customers inside the building.
RESTAURANT, FAST-FOOD
A public eating facility where patrons purchase food while
within the physical premises of the restaurant, which is obtained
by self-service or from an employee of the establishment over a counter,
for consumption either within the establishment or away from the premises.
Cafeterias constitute "fast-food restaurants."
RESTRICTIVE COVENANT
A restriction on the use of land usually set forth in the
deed and which is binding upon subsequent property owners.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAIL CONVENIENCE WITH FUELING SERVICE
A retail establishment with fueling service, where the retail
convenience is greater than 5,000 square feet and sells primarily
food products, household items, newspapers and magazines, candy and
beverages, and freshly prepared foods, such as sandwiches and salads
for off-premises consumption.
[Added 3-11-2019 by Ord.
No. 2019-05]
RETAIL FOOD ESTABLISHMENT
Any fixed facility in which food or drink is offered or prepared
primarily for retail use.
[Added 3-11-2019 by Ord.
No. 2019-05]
RETAIL SALES OR SERVICES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 3-11-2019 by Ord.
No. 2019-05]
RETAINING WALL
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water.
RIGHT-OF-WAY (ROW), PRIVATE
A private strip of land over which certain designated parties
have the right to pass, traverse or install utilities.
RIGHT-OF-WAY (ROW), PUBLIC
A publicly owned strip of land over which the general public
has the right to pass, traverse or install utilities.
ROOMING HOUSE
A dwelling unit containing rooms for rent and providing lodging
only for individuals.
SATELLITE ANTENNA
An apparatus or structure which is designed for the purpose
of receiving television, radio, microwave, satellite or similar signals,
in connection to what is commonly referred to as a "dish-type antenna."
SCHOOL, PRIVATE
A use primarily engaged in the education and instruction
of individuals in academic or religious subjects from pre-kindergarten
through Grade 12 and not operated under the administrative authority
of a duly constituted state, county, region or municipal board of
education or other governmental entity.
SCHOOL, PUBLIC
Any school operated under the administrative authority of
a duly constituted state, county, regional or municipal board of education
or other governmental entity.
SCREEN
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site on property.
SEDIMENTATION
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity, or other natural means as
a product of erosion.
SENIOR CITIZEN
A person who has attained the age of 62 years, or the surviving
unmarried spouse of a deceased senior citizen.
SENSITIVE AREA
Land which lies within wetland transition areas, special
flood hazard areas, stream encroachment areas of delineated and nondelineated
streams, shallow water table areas, aquifer outcrop areas, and steep
slopes between 15% and 30%.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage
in an individual sewage disposal system.
SERVICE DRIVE
A roadway which provides common access to two or more uses
and which is adjacent to, but separated from, a public right-of-way.
SETBACK
The minimum horizontal distance between the street right-of-way,
rear or side lot lines and the closest part of any building. The term
"setback" is synonymous with "required setback" and means a line beyond
which a building is not permitted to extend.
SEWER
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving bodies of water.
SHOPPING CENTER
A group of commercial establishments, in attached or separate
buildings, built on one tract of land that is planned and developed
as an operating unit providing on-site parking in definite relationship
to the type and total size of the stores.
SHOULDER
The graded part of a private or public right-of-way that
lies between the edge of the main traveled way and the curbline, or,
if there is no curbline, the edge of the pavement.
SIDEWALK
A pavement provided for pedestrian use and usually located
at the side of a road within the right-of-way.
SIGHT EASEMENT
An area of land, usually, but not necessarily, established
at street intersections, in which nothing is permitted to be erected,
placed, planted or allowed to grow in such a manner as to impair or
obstruct the line of sight of motorists or pedestrians.
SIGN
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to visually communicate information of any kind to the public.
SIGN, ADD-ON
Signs, such as credit card insignias, arrows, etc., which
are attached to any structure or sign.
SIGN, ANIMATED DISPLAY
A sign with actions or motion, chasing, scintillating, flashing
or color changing, requiring electrical energy, electronic or manufacturer's
sources or supply, but not including wind-activated elements such
as flags or banners. Effects such as time and temperature, revolving,
changeable copy or public information displays are not included.
SIGN AREA
The square foot area of a sign computed by multiplying its
greatest width by its greatest length, exclusive of supporting structures
and bracing devices, unless such supporting structures and bracing
devices are illuminated or are in the form of a symbol or contain
words or symbols, in which case the supporting structure shall also
be computed in determining sign area. When there is a different message
on each side of the sign, any side will be considered and used in
computing the sign area; provided, however, that there shall be excluded
from the computation of sign area one side carrying the same message
as any other side. In the case of lettering attached to building facades,
the "sign area" shall be the product of the maximum vertical dimension
multiplied by the maximum horizontal dimension of all lettering and
symbols which form the sign, including the empty space between the
letters and symbols.
SIGN, ATTACHED
Any sign which is in any way affixed to any exterior wall
of a building and which projects not more than 12 inches from the
building facade and does not extend above the parapet, eaves or building
facade.
SIGN, CANOPY
Any sign or other identification that is a part of or attached
to an awning, canopy, or other fabric, plastic or structural protective
cover over a door, entrance, window or outdoor service area. A marquee
is not a canopy.
SIGN, ELECTRICAL
Any sign which has characters, letters, figures, designs,
facts, backgrounds or outlines illuminated by incandescent or fluorescent
lamps or luminous tubes as part of the sign proper and may be either
internally or externally illuminated.
SIGN, FREESTANDING
A sign, which is supported by one or more columns, poles,
uprights, or braces in or upon the ground and which is not attached
to or part of a building.
SIGN HEIGHT
The measure computed from grade level to the highest point
on the sign.
SIGN, MOBILE
Any sign, other than temporary signs, not permanently attached
to real estate, buildings or other permanent structure, or a sign
designed to be transported, including but not limited to, signs upon
motorless vehicles such as wagons, trailers, flatbed trucks and on
vehicles with motors, if the motors have become inoperable and are
unable to propel the vehicle, signs to be transported on wheels, sandwich
board signs, signs on balloons and umbrellas and the like.
[Amended 10-25-2010 by Ord. No. 2010-28]
SIGN, OFFICIAL
Any sign, symbol, or device erected and maintained by a federal,
state, county or local government agency for the purpose of informing
or guiding the public; or for the protection of the health, safety,
convenience or general welfare of the public.
SIGN, PROJECTING
Any sign affixed to a building or wall in such a manner that
any portion of the sign extends more than 12 inches from the building
or wall; or any sign which extends over or into public property or
beyond the property line.
SIGN, ROOF
Any sign erected on the roof or parapet of a building, the
entire face of which is situated above the eaves or highest architectural
point of the building and which is wholly or partially supported by
said building.
SIGN, TEMPORARY
A sign which is not permanently attached to a building or
structure and which may be erected for a limited period of time in
compliance with the provisions of this chapter.
SIGN, WINDOW
Any sign erected, constructed or maintained in or on a window
of a building and visible from the outside of the building.
SILVICULTURE
The growing, care and harvesting of forests for sale.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes, and waterways;
B.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, lighting,
and screening devices; and
C.
Any other information that may be required pursuant
to this chapter.
SITE PLAN, MINOR
A plan for the development (other than subdivision) of less
than 1,000 square feet of floor area and/or less than 4,000 square
feet of impervious surface; provided, however, that such plan:
A.
Does not involve a planned development, any
new street, or extension of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42;
B.
Does not require the granting of any variances from the zoning requirements of Article
VII this chapter or waivers from the design standards of Article
X of this chapter;
C.
Does not involve any lot, tract, parcel, building
or structure that was approved as a minor or major site plan within
the preceding 18 months; and
D.
Contains the information reasonably required
in order to make any informed determination as to whether the requirements
established by this chapter for approval of a minor site plan have
been met.
SOIL CEMENT
A mixture of portland cement and locally available soil,
serving as a soil stabilizer.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A scheme which indicates land treatment measures to minimize
soil erosion and sedimentation, including without limitation a sequence
of development list with the proposed starting date of each phase
in the sequence and the proposed date to complete each phase of development.
SOLAR ACCESS
A property owner's right to have the sunlight shine on his
land.
STABILIZED TURF OR EARTH
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increased
strength, thereby reducing shrinkage and movement.
STAGGERED SETBACKS
Front setbacks of residential units that are varied in horizontal
location.
STORY
A portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
Underground space shall be considered a "story" when the upper surface
of the floor next above is more than six feet above the adjacent ground
elevation at any point.
STORY, HALF
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
[Added 3-15-2010 by Ord. No. 2010-03]
STREAM RIGHT-OF-WAY
The distance or width located on both sides of a stream or
watercourse which has been dedicated, deeded or granted by easement
to any government agency for stream right-of-way or which has been
indicated in an officially adopted stream improvement program.
STREET
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 shown upon a plat duly filed and recorded in the office
of the Middlesex County Clerk prior to the appointment of the Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and includes the pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
STREET FURNITURE
Man-made, aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
STREET HARDWARE
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function
from high traffic arterial roads down to streets whose function is
residential access in order to promote safety, efficient land use,
and residential quality.
STREET LINE
The line determining the limit of the right-of-way whether
existing or contemplated. Where a definite right-of-way width has
not been established, the street line shall be assumed to be at the
future right-of-way line as adopted in the Master Plan.
STREET LOOP
A street that has its only ingress and egress at two points
on the same collector street.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including without limitation clearing and
grubbing operations.
STRUCTURE
A.
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, including without limitation
stadiums, parking lots, platforms, radio towers, storage bins, and
swimming pools.
B.
For the purposes of §
250-57, "structure" or "structures" are defined as a preexisting tower, including water towers and any other facility or building at least three stories in height that can be used for the collocation of towers and/or antenna(s) without significantly altering the visual appearance of the facility or building.
[Added 3-27-2000 by Ord. No. 06-00]
STUB STREET
A portion of a street for which an extension is anticipated.
SUBDIVIDER
Any person commencing proceedings under this chapter to effect
a subdivision of land hereunder for himself or for others.
SUBDIVISION
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels, or other divisions of land for sale
or development. The following shall not be considered "subdivisions"
within the meaning of this chapter, if no new streets are created:
A.
Divisions of land found by the approving board
to be for agricultural purposes where all resulting parcels are five
acres or larger in size;
B.
Divisions of property by testamentary or intestate
provisions;
C.
Divisions of property upon court order, including
without limitation judgments of foreclosure;
D.
Consolidation of existing lots by deed or other
recorded instrument; and
E.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the Township.
SUBDIVISION AND SITE PLAN COMMITTEE
A committee, consisting of four members of the Planning Board appointed by the Chairman of the Planning Board, which has the purpose of reviewing, commenting on and making recommendations with respect to subdivision and site plan applications and having the power to approve minor site plans and subdivisions pursuant to §
250-15.
SUBDIVISION, MINOR
A.
A subdivision of land that:
(1)
Involves the creation of three or fewer lots;
(2)
Does not involve a planned development, any
new streets or the extension of any off-tract improvement, the cost
of which is to be prorated pursuant to N.J.S.A. 40:55D-42;
(3)
Does not involve any lot, tract or parcel that
was approved as a minor or major subdivision within the preceding
18 months.
B.
The number of lots created shall include the
new lots and the lands remaining.
SUBGRADE
The natural ground lying beneath a finished surface.
SUBSTANTIAL IMPROVEMENT
A.
Any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either:
(1)
Before the improvement or repair is started;
or
(2)
Before the damage occurred if the structure
has been damaged and is being restored.
B.
For the purpose of this definition, "substantial
improvements" are considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either:
(1)
Any project for improvement of a structure to
comply with the existing state or local health, sanitary or safety
code specifications solely necessary to assure safe occupancy conditions;
or
(2)
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
SWIMMING POOL, PORTABLE
A swimming pool that is not permanently installed and meets
all of the following criteria: does not require water filtration,
circulation and purification; does not exceed 24 inches in depth;
does not exceed a water surface of 250 square feet; and does not require
braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
A pool, other than a portable swimming pool, that is located
on a lot principally used for dwelling units by one or two housekeeping
units, and including all buildings, structures, and equipment appurtenant
thereto.
TAVERN or BAR
An establishment where the serving of liquor by the drink
to the general public is the principal use and the serving of food
or the sale of packaged liquors, if any, are accessory to the principal
use. All such establishments shall conform to all Alcoholic Beverage
Control regulations of the State of New Jersey and the Township of
Old Bridge.
[Added 8-1-2005 by Ord. No. 21-2005]
TELECOMMUNICATIONS ANTENNA
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including but not limited to
directional antennas, such as panels, microwave dishes, satellite
dishes and omni-directional antennas.
[Added 3-27-2000 by Ord. No. 06-00]
TEMPORARY STRUCTURE
A structure without any foundation or footings and which
is removed when a specifically designated time period, activity or
use for which the temporary structure was erected has ceased.
TOPSOIL
The upper layer of soil material which is usually darker
and richer than the subsoil and which by its humus content supports
vegetation.
TOWER
Any ground or roof-mounted pole, spire, structure or combination
thereof that is designed and constructed primarily for the purpose
of supporting one or more antennas for telephone, radio and similar
communications purposes, including supporting lines, cables, wires,
braces and masts. The term includes radio and television transmission
owners, common-carrier towers, cellular telephone towers, alternative
tower structures, and the like.
[Added 3-27-2000 by Ord. No. 06-00]
TOWER, MULTI-USER
A tower to which is attached the antennas of more than one
commercial wireless telecommunication service provider or governmental
entity.
[Added 3-27-2000 by Ord. No. 06-00]
TOWNSHIP
The Municipality of the Township of Old Bridge.
TRACT
An area of land composed of one or more lots adjacent to
each another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use or uses
intended. The original land area may be divided by one existing public
street and still be considered one tract, provided that the street
is not an arterial or collector road and that a linear distance equal
to more than 75% of the frontage of the side of the street having
the larger street frontage lies opposite an equivalent linear distance
of street frontage on the other side of the street.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects, or as a temporary office.
TRAILER HOME
Any dwelling unit for living or sleeping purposes which is
equipped with wheels or some device used for the purpose of transporting
such unit from place to place, whether by motor vehicle or other means,
or any factory-built unit equipped with wheels used for living or
sleeping purposes, whether the same is on blocks, posts, or any other
type of foundation. "Mobile home" shall be synonymous with "trailer
home."
TRAILER, TEMPORARY CONSTRUCTION
A trailer used for construction purposes within a section
of a development having final approval for the period of construction
beginning with the issuance of the initial construction permit and
concluding with the issuance of the final certificate of occupancy
within said section; provided said trailer(s) is on the site where
construction is taking place and is set back at least 25 feet from
all street and lot lines with a buffer of evergreen trees and shrubs.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TREE
Any living tree having a trunk of a diameter greater than
eight inches DBH or any living Dogwood (Cornus Florida) or American
Holly (Hex Opaca) tree having a diameter of one inch or greater DBH.
TREE REMOVAL
Any act which causes a tree to die within a period of two
years, including without limitation damage inflicted upon the root
system by machinery, storage of materials, and soil compaction, changing
the natural grade above the root system or around the trunk; damage
inflicted on the tree permitting infection or pest infestation, excessive
pruning, paving with concrete, asphalt or other impervious material
within such proximity as to be harmful to the tree.
TRIP
A single or one-way vehicle movement to or from a property
or study area. "Trips" can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
TRIP GENERATION
The total of trips produced or expected to be produced by
a specific land use or activity within a specified period of time.
USE
The specific purpose for which land or a building or structure
is designed, arranged, or intended, or for which it may be occupied
or maintained.
UTILITY
Any agency which, under public franchise or ownership, or
under certificate of convenience and necessity, provides the public
with electricity, gas, heat, steam, communication, transportation,
water, sewage collection, or other similar service.
VARIANCE
Permission granted by the approving board hereunder to depart
from the literal requirements of the zoning standards of this chapter.
WALL
A wall is an upright structure and a surface made of stone,
wood, block, etc., that defines an area; carries a load; provides
security, shelter, or soundproofing; or is decorative.
[Added 11-14-2022 by Ord. No. 2022-31]
WELLNESS CENTER AND SPA
A wellness center is an establishment that offers health
services for the body and mind. Wellness centers usually offer skin
care services and body services such as fitness, personal training
and nutrition consulting and alternate services such as chiropractic,
acupuncture, or holistic medicine. This does not include services
rendered by centers for drug, methadone, alcoholic treatment, and
halfway houses.
[Added 3-11-2019 by Ord.
No. 2019-05]
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
[Added 3-11-2019 by Ord.
No. 2019-05]
YARD
An open space on the same lot with a principal building,
unoccupied and unobstructed by buildings from the ground to the sky,
except as otherwise provided in this chapter. The minimum required
"yard" shall have the same meaning as the required setback.
YARD FRONT
The yard extending across the entire width of the lot between
the front lot line and the nearest part of a principal building. Corner
lots are considered to have front yards along each street.
[Amended 3-15-2010 by Ord. No. 2010-03]
YARD, REAR
The yard extending across the entire width of the lot between
the nearest part of the principal building and the rear lot line,
or, in cases where no rear lot line exists, the point at which the
two side lot lines meet.
YARD, SIDE
A yard extending along the side lot line from the front yard
to the rear yard and lying between the side lot line and the nearest
part of the principal building.
ZONE LOT
A lot or combination of lots proposed to be used, developed,
or built upon as an integrated unit.
ZONING OFFICER
The individual responsible for enforcement and interpretation
of the zoning sections of this chapter.
ZONING PERMIT
A document signed by the Zoning Officer, in consultation
with the Township Engineer, which shall be required as herein set
forth and which acknowledges that:
A.
A use, structure or building complies with the
provisions of this chapter, or variance(s) therefrom duly authorized
by the appropriate municipal agency;
B.
The developer of such a use, structure, building
or other development has obtained all final site plan or subdivision
approvals otherwise required by this chapter;
C.
Such use, structure, building or other development
conforms to the final approvals granted hereunder; and
D.
All conditions of such approvals required to
be satisfied prior to the issuance of a construction permit or certificate
of occupancy, as the case may be, have been satisfied.