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 FENCEOpen 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.
SOLID FENCEAny 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 7Â 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.
