Township of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used.
Unless a contrary intent is specifically indicated by the content, the statutory definitions set forth under N.J.S.A. 40:55D-3, 40:55D-4, 40:55D-5, 40:55D-6 and 40:55D-7 are hereby adopted by reference.
Certain phrases and words are defined herein as follows:
Subordinate to the principal building, structure or use and located on the same lot.
The person appointed to the position created under the Administrative Code of the Township.[1]
Development, designs, situations, existing features on a developer's property or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street width, unsuitable street grade, unsuitable street location, inconvenient street system; inadequate utilities such as water, drainage, shade trees 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 creation of conditions leading to soil erosion from wind or water resulting 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.
The growing and harvesting of crops and/or the raising and breeding of livestock on land on which no structure other than a fence or a building to contain livestock or for storage of materials and products related to the agricultural use will be erected.
Any change in supporting members of a building or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers or the moving of a structure.
The portion of the building that is partly or wholly underground which has more than 1/2 its interior height, measured from floor to finished ceiling, below the average finished grade of the ground adjoining the building. A basement shall not be considered in determining the permissible number of stories.
A block is the length of one side of a street between two street intersections.
The area occupied by all principal and accessory buildings on a lot measured on a horizontal plane and including the area under the roof of any structure as measured around the extremities of the roof.
The vertical distance from the grade of the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.
A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.
Development based on an overall density for the entire tract with the dwelling units generally located on individual lots reduced in size so that higher densities result in segments of the tract with common open space, common property or open space generated on the remainder of the tract.
Land and/or water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and/or owners of the dwelling units in the development.
Only the Township Council can bond the community to the acceptance of improvements with the resulting future expenditure of funds for their maintenance. All improvements for which acceptance of a dedication is sought shall be referred to the Township for Council action by resolution.
A number expressing dwelling units per acre.
Includes all such animals as are defined in the Animal Ordinance of the Township of Burlington.[2]
A room or a group of rooms intended for the occupancy of one family living as an independent unit, doing its own cooking.
A building designed for and occupied exclusively as a residence for two families with one family living wholly or partly over the other, and having no party wall in common with an adjacent dwelling.
One of a series of single-family dwelling units which is attached by a common wall horizontally separating it from the adjacent units together with individual rear and/or front yards designed as an integral part of each unit, and having been constructed in conformity with an approved development application.
A detached building designed for or occupied exclusively by one family, located on a separate lot.
A one-family house which has one or more facades common to a lot line with the resultant yard areas architecturally enclosed.
Four attached dwelling units in one structure, in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
A building designed for and occupied exclusively as a residence for only one family, applied to one or two houses which are detached from other buildings and joined together by a single party wall.
A detached or semidetached building designed for not more than two individual families or containing not more than two dwelling units which are separated entirely by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
The Planning Board engineer or the Township Engineer, depending upon who has jurisdiction.
The erection, construction, alteration or maintenance by public utilities, telephone, municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewerage transmission or drains, sewers, pipes, conduits, cables, company fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public agencies for the public health or safety or general welfare.
A single individual, doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.
A small structure designed and utilized for the display and sale of farm products produced on the property on which the structure is located. Said structure shall be open to view from the roadway and may not be furnished with permanent heating facilities.
A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or between the streets or public right-of-way and a property.
Open fence shall consist of chain link fence, split rail fence, picket fence, or other similar fence (with at least 50% open area), as approved by Burlington Township.
Any fence other than open fence.
A place for the transaction of business where reports are prepared, records kept and services rendered, where retail sales may be offered pursuant to § 330-73D, and where office work, manufacturing, assembly, distribution, warehousing or fabricating may take place.
The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwaters.
The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge floodwater or flood flow of any natural stream.
A building or space accessory to a residence which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on. A garage shall be excluded in determining gross of net floor area.
A building or part thereof, other than a private garage, used for the storage of motor vehicles for profit and may include the sale of fuels or accessories or keeping of vehicles for hire as a secondary use.
An area located adjacent to a residential dwelling devoted to production of fruits, vegetables and other agricultural consumables supplying the needs of the residential dwelling to which it is adjacent. In no event shall such an area be considered a garden if it exceeds 5% of the lot area or two acres, whichever is less.
An integrated development of individual dwelling units which utilize such common facilities as parking, yard areas, garage areas, pedestrian walks and utility and sanitary systems, consisting of a group of separate buildings not exceeding 35 feet in height, each of which contains not more than 16 or less than four separate dwelling units, each of which has a separate entrance at ground level. (See the Apartment Ordinance[3] of the Township of Burlington contained in the Code of the Township of Burlington.)
The Mayor and Council.
The completed surfaces of lawns, walks and roads brought to grades as shown on the approved plans.
The total floor area in a structure measured by using the outside dimension of the building walls at each story. The gross floor area of units sharing a common wall shall be measured from the center of the interior walls and the outside of exterior walls. The above calculations shall be made without deduction for hallways, stairs, closets, thickness of walls, columns, utility areas of other features.
Any occupation carried on as a subordinate use to the primary residential use solely by a member of the family residing on the premises of a residential lot.
The office, studio or occupational room of a physician, surgeon, dentist, architect, licensed professional engineer, lawyer or occupations of a similar or like nature engaged in direct personal services performed solely by a member of the family residing on the premises or upon the residential lot.
An incorporated nonprofit organization operating in a development under recorded land agreements through which each lot owner shall be a member and each 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 association by the Township, and each owner and tenant has a right to use the common property.
One or more persons living in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris in connection with the dismantling, processing, salvage, sale or use or disposition thereof of any materials whatsoever.
Any individual, corporation, association, trust or any other legal entity having legal title to the land. The holder of an option, contract to purchase or other enforceable proprietary interest in such land may file an application for the purposes of this chapter.
An improved off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading.
The area contained within the lot lines but not including any portion of a street right-of-way. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the ultimate widening of the street.
A lot at the junction of two or more intersecting streets where the interior angle of the intersection does not exceed 135°.
That percentage of the lot area which may be devoted to building area or any other form of improvement which will interfere with surface water penetration. Improvements shall include all paving, concrete and bituminous concrete or any other material which replaces land and/or landscaping, including (without limitation) prior rebuilding, accessory buildings, driveways, walkways, patios and swimming pools. This provision shall apply to all uses in all districts in the Township.
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. (Note: In the case of lots having curved frontage, the rear line shall be drawn parallel to a chord connecting the points of intersection of the front lot line with the side lot lines.)
The horizontal distance between the side lot lines measured along the street right-of way line.
The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage but in no case less than the required distance(s) formed by the sight triangles specified for said streets.
Any line forming a portion of the exterior boundary of a lot. The lot line is the same line as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.
The horizontal distance between side lot lines measured at setback points on each side lot line an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
Streets which are primarily designed to service the commercial and residential areas through which they pass and which are not primarily designed to handle heavy traffic. Standards for said streets assume light or medium flow and parking on one or both sides of the street.
A subdivision of land that does not involve the creation of more than three lots, including the remainder of the original lot; planned development as defined in the Municipal Land Use Law; any new street; or extension of any off-tract improvement, the cost of which is to be prorated pursuant to the off-tract improvements section contained in § 330-78 of this chapter.
A place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, which may include the same of accessories, oiling, greasing, washing and light motor vehicle repairs on the premises.
A building containing three or more dwelling units occupied or intended to be occupied by person living independently of each other, or a group of such buildings.
An integrated planned shopping area designed with single architectural scheme and with appropriate common landscaping containing a minimum of 15,000 square feet of ground floor area and containing a minimum of four independent commercial stores such as those listed under § 330-33 of this chapter.
A place for the transaction of business, where reports are prepared, records kept and services rendered, but no retail sales are offered, and where no manufacturing, assembly, distribution or fabricating takes place.
Improvements made outside the lot in question or the original tract, respectively, to accommodate conditions generated inside the original tract as the result of the proposed development, which shall include, but not be limited to, installation of new improvements and extensions and modifications of existing improvements.
An area for the parking of a motor vehicle which is sufficient to accommodate the exterior extremities of the vehicle whether in addition thereto wheel blocks are installed within this area. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
The area located on lot or lots devoted to motor service station usage which is utilized in the outdoor servicing of customers by the sale of gasoline or the performance of minor repairs and maintenance. Said area shall not include egress and ingress roads.
A certificate issued by the Building Inspector for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted plans for said building change and, where applicable, also states that the purpose for which building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
A certificate issued by the Zoning Officer upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter or such adjustment therefor which has been granted by the reviewing board and all other applicable compliances have been complied with.
A certificate issued by the Zoning Officer for the conduct of a use otherwise prohibited by the chapter for a limited time period and stating that the special requirements governing said use and all other applicable requirements have been complied with as certified by the reviewing board.
An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use.
A building in which is conducted the main or principal use of the lot on which said building is situated.
Corporations, many subject to Department of Public Utilities rules and regulations, which operate public franchises for the provision of items such as telephone, gas, electric, cable TV, railroad, omnibus and telegraph service. Said corporations shall not include or be confused with service provided by the Township of Burlington or any of its boards, authorities, commissions or agencies.
Space allocated for collection and storage of source-separated recyclable materials.
An integrated planned shopping area designed with a single architectural scheme and with appropriate common landscaping containing a minimum of 100,000 square feet of ground floor area and containing a minimum of 10 independent commercial stores such as those listed under § 330-36 of this chapter.
Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, play field or park operated by the agency or group, or an approved vendor operating the recreational facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
An establishment where patrons are served food, soft drinks, ice cream and similar confections for principal consumption off the premises or in automobiles parked upon the premises regardless of whether or not in addition thereto seats or other accommodations are provided for the patrons.
Either the Planning Board, Zoning Board of Adjustment or the Township Council of the Township of Burlington having jurisdiction, pursuant to this chapter and the Municipal Land Use Law of 1975, P.L. 1975, c. 291,[4] over an application for development.
Depending on the nature of the application, the term shall refer to the Township Engineer, Planning Board engineer or Zoning Board of Adjustment Engineer. In the case of improvement sought ultimately to be dedicated to the Township, the term shall refer to the Township Engineer. In other circumstances, it shall refer to that engineer employed by a reviewing board having jurisdiction over the application for development.
Lands and buildings where motor fuel, lubricants, miscellaneous accessories and services for motor vehicles are dispensed, but where no vehicular painting and/or bodywork is done and where no junked or unregistered motor vehicles are kept or stored.
A line drawn parallel to a street line or lot line and drawn through the point of the building nearest to the street line or lot line, beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan.
One or more buildings or parts thereof designed as a unit to be occupied by one or more business enterprises for the conduct of business and conducted as integrated and cohesively planned development.
A triangular area abutting two intersecting streets where vision is unobstructed. 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 announcement, declaration, illustration or insignia placed in a position to be seen by the general public from any street or public way.
The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
A facility designed to collect silt and eroded soil from a designated area.
A development plan for one or more lots requiring less than 10 parking spaces as required by this chapter, containing less than 2,500 new or additional square feet of floor area and not involving more than 50% lot coverage, which does not involve a planned development, any new street, or extension of any off-tract improvement which is to be prorated pursuant to the off-tract improvement section of this chapter, and which contains the information required for minor site plans under Article III of this chapter and for which all appropriate fees and escrows have been posted pursuant to Article VI of this chapter.
All site plans not defined as minor or exempt.
That portion of a building comprised between one floor and another with a height of not less than 7 1/2 feet of clear space above at least 1/3 of the floor area.
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.
Facilities constructed above or below ground, having a depth of more than two feet and/or a water surface of 100 square feet or more, and designed and maintained for swimming purposes.
An enclosed or semi-enclosed structure utilized by contractors, architects or material men on site during the construction of an approved development application. In no event, however, shall the use made of such buildings be residential in nature except for the housing of watchmen and guards during the construction of the project. Temporary buildings may include trailers.
The Township of Burlington.
Area extending between the closest point of any building and a lot line or street line. In an apartment, townhouse, industrial park or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangency of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two yards of the structures, and in no event shall two structures be closer to one another than the sum of both yards.
The area extending across the full width of a lot line between the street line and the building, and for apartments, townhouses, industrial park or other development where more than one building may be erected on a lot, the front yard shall be measured from the designated front of the building to an imaginary line of designated distance away from the front of the building.
The area extending across the full width of the lot between the rear lot line and the building, and for apartments, townhouses, industrial park or other developments where more than one building may be erected on a lot, the rear yards shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building.
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the building. The side yard of apartments, townhouses, industrial parks or other developments where more than one building may be erected on a lot shall be measured from the designated side of the building to an imaginary line of designated distance away from the side of the building.
Each yard of an irregularly shaped lot/house shall be determined by placing a rectangle in said yard between the property line and the structure, which rectangle shall be the depth required for the yard in that particular zone and the width of the structure on that side of the lot measured by extending the lines of the structure.
A detached dwelling on one lot with one wall of the dwelling located on a side property line. An easement for maintenance from the adjoining lot is mandatory. Windows on the lot line side of the dwelling are prohibited.
The terms "Zoning Officer," "Inspector of Buildings," "Building Inspector," "Administrative Officer" or "official" shall mean the person or persons who are charged with the enforcement of this chapter.
Editor's Note: See Ch. 20, Administration of Government.
Editor's Note: See Ch. 122, Animals.
Editor's Note: See Ch. 313, Hotels, Motels and Apartments.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.