Certain words, phrases, and terms in this chapter
are defined for the purpose herein as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot, except that any
structure with a floor area in excess of 500 square feet of a building
containing living space shall never be considered an accessory building.
ADMINISTRATIVE OFFICER
For all matters before the City Council, the City Clerk. For all matters pertaining to applications, minutes and other administrative matters, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board. In matters involving §
215-8D(12) pertaining to issuance of the official list of adjacent property owners for required notices, the administrative officer shall be the Tax Assessor. In matters involving §
215-10 pertaining to records maintenance, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board, and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters involving issuance of a permit or enforcement of this chapter, the administrative officer shall be the Zoning Officer. In matters involving review of applications for completeness and for compliance, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified anatomical areas or specified
sexual activities (as defined below), or an establishment with a segment
or section devoted to the sale or display of such material.
[Amended 4-24-2012 by Ord. No. 3-2012]
AGRICULTURAL DEVELOPMENT
Land uses normally associated with the production of food
and fiber for sale. For purposes of this chapter, such uses shall
not include the development of land for the processing or sale of
food and the manufacture of agriculturally related products.
ALLEY
A secondary thoroughfare less than 30 feet in width dedicated
for the public use of vehicles and pedestrians and affording access
to abutting property.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural members, except such changes as may be required
for its safety; or a change in the exterior appearance; or a change
in height, width or depth; or moving a building or structure from
one location or position to another; or changing, adding to or removing
from or otherwise affecting the exterior appearance of a building
or structure; or change in use from one district classification to
another.
AMUSEMENT ARCADE
Any building, structure or premises which has for its primary purpose or function the offering of coin- or non-coin-operated amusement machines or devices in accordance with §
215-140 of this chapter.
AMUSEMENT DEVICE
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other opening, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to, such devices as electronically operated game
devices, skillball, mechanical game operations or transactions similar
thereto, by whatever name they may be called, and shall not include
pool or billiard tables.
APARTMENT
A dwelling unit in a multifamily building.
APPLICANT
A developer submitting an application for development or
for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITY
The City Planning Board unless a different agency is designated
by this chapter when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one foot to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
ART GALLERY
A building, or portion thereof, in which sculpture, paintings,
or other artistic work is displayed but not for sale.
AUTOMOBILE SALES AGENCY
A place of business where the primary purpose is the sale
of new and/or used motor vehicles.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION
The elevation, based on mean sea level, of a flood that has
a one-percent or greater chance of occurrence in any given year as
established by the Federal Insurance and Mitigation Administration
of the Department of Housing and Urban Development and as shown on
the Flood Insurance Rate Maps of the Federal Insurance and Mitigation
Administration.
BASEMENT
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade.
BEDROOM
A room or portion of a structure with the principal function
of serving as sleeping quarters.
BILLBOARD
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the sign is located.
BLOCK
The length of a street between two street intersections.
BOARDING- OR LODGING HOUSE
Any dwelling for hire in which two or more persons are housed
or lodged, with or without meals. This definition notwithstanding,
a certificate of occupancy issued by the Construction Official is
required for any dwelling for hire.
BREAKAWAY WALLS
Any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material, which are not part of the structural support
of the building and which are so designed as to break away, under
abnormally high tides or wave action, without damage to the structural
integrity of the building on which they are used or any buildings
to which they might be carried by floodwaters.
BUFFER AREA or TRANSITION REQUIREMENT
A strip of land which separates multifamily, commercial,
office or industrial-type districts or uses from adjoining residential
districts or uses so as to allow adequate screening of view, noise
or activity taking place within these districts from adjoining residences.
Within any such buffer area, no buildings, structures, driveways,
parking or loading areas or other use of the land shall be permitted
unless otherwise provided in this chapter.
BUILDABLE AREA
That central portion of any lot between required yards and/or
setback lines.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING AREA
The total areas of outside dimensions on a horizontal plane
and ground level of the principal building and all accessory buildings,
exclusive of unroofed porches, terraces or steps having vertical faces,
which are less than three feet above the level of the ground at all
points.
BUILDING COVERAGE
The area of a tract covered by buildings and roofed areas,
measured at the building line. Building coverage is expressed as a
percentage of the total tract area.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at all corners of the building to the highest
point of the roof for flat roofs; to the mean height level of the
distance measured between the eaves and ridge for gable and hipped
roofs; to the deck line for mansard roofs.
BUILDING PERMIT
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the Building Code
of the City of Northfield.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
BULKHEAD
A structure separating land and water areas, primarily designed
to resist earth pressures.
BULK STORAGE
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
BUSINESS OFFICE
A business establishment which does not offer a product or
merchandise for sale to the public, but offers a service to the public.
However, personal services, such as barber and beauty shops, and repair
services, such as radio and television repair shops, are not to be
included within the definition of "business office."
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in this act,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include: medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied
to any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
[Added 8-10-2021 by Ord.
No. 8-2021]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 8-10-2021 by Ord.
No. 8-2021]
CARPORT
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the carport shall have no sides unless
such sides are the exterior wall of an adjacent building.
CAR WASH
A facility for the washing and cleaning of automobiles and
other motor vehicles using production-line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
CELLAR
A story wholly or partly underground and having more than
1/2 of its clear height below the average level of the adjoining ground.
CERTIFICATE OF COMPLETENESS
A certificate issued by the administrative officer (Planning
Board) after all required submissions have been made in proper form,
certifying that an application for development is complete.
CERTIFICATE OF NONCONFORMANCE
A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the zoning ordinance
or any amendment thereto which, pursuant to N.J.S.A. 40:55D-48, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for a nonconforming use, structure or lot.
CERTIFICATE OF OCCUPANCY
A certificate issued upon completion of construction and/or
alteration of any building, or change in use of any building, or change
in occupancy of a nonresidential building. Said certificate shall
acknowledge compliance with all requirements of this chapter, such
adjustments thereto granted by the Planning Board and/or all other
applicable requirements.
CHANGE IN USE
A.
Any change from an industrial use to any other
industrial use.
B.
Any increase in the number of dwelling units
in a structure.
C.
Any change from any nonresidential use to any
other use for which any standard set forth in this chapter is greater
or more restrictive.
D.
Any change from a residential use to any nonresidential
use.
E.
Any change in use from any existing or permitted
use to any conditional use.
F.
Any change from any existing or permitted use
to any permitted use which can be classified as being in a category
lower on the following list than was the original use:
(6)
Other business and commercial.
CHURCH
See "place of worship."
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or trans-shipment points.
CITY ENGINEER
The licensed New Jersey professional engineer appointed by
the Mayor in accordance with N.J.S.A. 40A:9-140 to render engineering
services and advice to the City. "City Engineer" shall also be interpreted
to include the Planning Board Engineer where the Board has jurisdiction.
CITY SURVEYOR
The licensed New Jersey professional land surveyor appointed
by the Mayor to render surveying services and advice, including maintenance
and certification of tax maps, pursuant to N.J.S.A. 45:8-36, 45:8-41,
and 45:8-43; N.J.S.A. 46:23-9.9 et seq., and N.J.A.C. 13:40-5.1.
CLEAR SIGHT DISTANCE
The clear sight distance measured along a line perpendicular
to the midpoint of a window sill and 60° radial from that line
at the window sill in all directions vertical and horizontal forming
a cone of vision.
CLINIC
A facility for the diagnosis and treatment of outpatients
and/or a group practice in which several physicians work cooperatively.
CLUBHOUSE
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT
A permit issued for specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in
accordance with rules and regulations promulgated thereunder in the
New Jersey Administrative Code, N.J.A.C. 7:7-1.1 et seq.
COASTAL WETLANDS
The coastal wetland designated by the New Jersey Wetlands
Law (N.J.S.A. 13:9A-1 et seq.).
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 owners of the development. 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.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility housing licensed pursuant
to N.J.S.A. 30:11B-1 et seq. providing food, shelter, and personal
guidance under such supervision as required, not to exceed 15 developmentally
disabled persons who require assistance, temporarily or permanently,
in order to live independently in the community. Such residences shall
not be considered health-care facilities within the meaning of the
Health Care Facilities Planning Law (N.J.S.A. 26:2H-1 et seq.) and
shall include, but not be limited to, group homes, halfway houses,
supervised apartments and hotels.
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 Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to 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 for development which complies in all respects
with the appropriate submission requirements set forth in this chapter.
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 Article
X of this chapter, and upon the issuance of an authorization thereof by the Planning Board.
CONDOMINIUM
A.
An ownership arrangement, not a land use; therefore,
it is allowed in any zone and under the same restrictions as the land
uses that it comprises. A condominium shall not negate lot nor other
requirements intended to provide adequate light, air, and privacy.
A condominium dwelling unit has all of the following characteristics:
(1)
The unit (the interior and associated exterior
areas designated for private use in the development plan) is owned
by the occupant.
(2)
The unit may be any permitted dwelling type.
(3)
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the provisions for open space, roads, or other development features
as specified in this chapter.
B.
Condominium ownership of structures and areas
may be applied to offices, retail, wholesale, industrial and other
types of uses.
COOPERATIVE
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by said corporation or association, or to lease or purchase a dwelling
constructed or to be constructed by said corporation or association.
COUNTY MASTER PLAN
A composite of the comprehensive plan or master plan for
the physical development of Atlantic County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
COURT or COURTYARD
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by the exterior walls of a
building or by exterior walls and lot lines.
COVERAGE
Has the same meaning as "lot coverage."
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
CURB GRADE OR LEVEL
The officially established grade of the curb in front of
the midpoint of the front lot line. Where no curb grade has been established,
the City Engineer shall establish such curb level or its equivalent
for the purpose of this chapter.
DAY CAMP
A licensed, organized and supervised daytime facility used
for recreational purposes.
DAY-CARE CENTER
A state-certified facility which provides care for children.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed and includes the number of dwelling units per
gross acre of residential land, including streets, easements and open
space portions of a development.
DETENTION BASIN
A man-made or natural depression below ground level designed
to collect surface and subsurface water so that it might impede its
flow and to gradually release the same at a rate not greater than
that prior to the development of the property, into natural or man-made
outlets (i.e., the storm sewer system or stream).
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 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, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq., and this chapter.
DEVELOPMENTALLY DISABLED
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services in accordance with N.J.S.A.
30:11B-2.
DEVELOPMENT PERMIT
A document signed by the Zoning Officer which:
A.
Is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; and
B.
Acknowledges that such use, structure or building complies with
the provisions of this chapter or variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
DEVELOPMENT REGULATION
This chapter, official map, ordinance, or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DISTRICT
Has the same meaning as "zone" or "zoning district."
DIVISION
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
to provide for "drainage" as defined above.
DRIVEWAY
A private road connecting a house, building, garage, accessory
building or parking area with the street.
DWELLING
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
DWELLING, MULTIPLE
A building designed for or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced except for access to the outside or
a common cellar.
DWELLING, SINGLE-FAMILY
A detached building designed for the use of a single household,
including two or more people living as a family, wherein not more
than one person is sheltered and fed for profit.
DWELLING, TWO-FAMILY
A detached building designed for or containing two dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floor, unpierced except for access to the outside or
a common cellar.
DWELLING UNIT
A building or part thereof having cooking, sleeping, and
sanitary facilities designed for or occupied by one family, and which
is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced except for access
to the outside or a common cellar.
EASEMENT
The right of the City, county, state, utilities authority
or other public or quasi-public agency, their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
EDUCATIONAL USE
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
for compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as educational uses or accessories
to such uses, nor shall a school or college giving special or limited
instruction such as a business, art, music or dancing school. Duly
accredited colleges and universities shall also be considered educational
uses.
EDUCATIONAL USE, PROPRIETARY
The activity or corporation engaged in the instruction of
children or adults for personal gain and not as an integral part of
a public, parochial or private elementary or secondary school, or
college or institution of higher learning or of an established religious
or charitable organization.
ELECTRONIC MESSAGE BOARD
A sign whose messages change by mechanical or electronic
means.
[Added 10-9-2012 by Ord. No. 9-2012]
ELEEMOSYNARY
The giving of money and/or services to a charitable or philanthropic
organization.
ENVIRONMENTAL IMPACT REPORT (EIR)
A compilation of studies, reports, documents and findings of fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in §
215-94. An Environmental impact statement meeting the requirements of the N.J.S.A. 13:19-1 et seq., the Coastal Area Facility Review Act, and specifically outlined in N.J.A.C. 7:7-1.1 promulgated in compliance with said Act may be accepted in lieu of the EIR.
[Amended 4-24-2012 by Ord. No. 3-2012]
EQUAL DEGREE OF ENCROACHMENT
The delineation of floodplain limits so that floodplain lands
on both sides of a stream are capable of conveying a proportionate
share of floodflows. This is determined by considering the effect
of encroachment on the hydraulic efficiency of the floodplain along
both sides of a stream for significant reach.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Council and administered by the Cape Atlantic
Conservation District in conformance with N.J.S.A. 40:55D-120.
[Amended 4-24-2012 by Ord. No. 3-2012]
ESSENTIAL SERVICES
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including normal aboveground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, and hydrants, and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include, but are not limited to, curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base course,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-
way. For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter, including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
EXEMPT DEVELOPMENT
Site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
A.
Construction, additions, or alterations related
to single-family detached dwellings or their accessory structures
on individual lots, including private swimming pools.
B.
Interior alterations which do not increase the
required number of off-street parking spaces and which conform to
the performance standards of this chapter.
C.
Any change in occupancy which is not a "change
in use" (as herein defined).
D.
Individual applications for accessory mechanical
equipment, accessory storage structures, and accessory uses not exceeding
500 square feet in area, whose operation and location conforms to
the design and performance standards of this chapter, and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.
E.
Sign(s), which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required, and provided such sign(s) conforms to the applicable design and zoning district regulations of this chapter, and a permit is obtained. (See §
215-113B.)
F.
Construction of a parking lot or an addition
to an existing parking lot, provided that the new lot or the proposed
addition contains three spaces or fewer, the location and design of
which conform to the standards and zoning district regulations of
this chapter.
G.
Division of property and conveyances so as to
combine existing lots, which are not considered to be subdivisions
in accordance with the definition of "subdivision" contained within
this article.
H.
Farm and accessory farm buildings and structures,
provided such buildings and structures are located on, operated in
conjunction with, and necessary to the operation of a farm as defined
by this chapter.
FAMILY
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
FARM
Any parcel of land, three acres or larger in size, which
is used for gain in the raising of agricultural products, livestock
or dairy products.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with and necessary to the operation of
a farm as defined by this chapter.
FENCE
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier, or boundary.
FENCE, OPEN
A fence in which 2/3 of the area, between grade level and
the top cross member (wire, wood or other material), is open.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FINAL PLAT
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter and which, as approved, shall
be filed with the proper county recording officer.
FLOOD DAMAGE POTENTIAL
The susceptibility of a floodplain use at a particular site
to damage by potential floods at that site, as well as increased off-site
flooding or flood-related damages caused by such floodplain use.
FLOOD FREQUENCY
The average frequency, statistically determined, for which
it is expected that a specific flood level or discharge may be equaled
or exceeded.
FLOOD HAZARD AREAS
The floodway and flood fringe areas determined by the Department
under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c.
359; N.J.S.A. 58:16A-51).
FLOOD HAZARD AREA OBSTRUCTION
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure or matter
in, along, across, or projecting into any channel, watercourse, or
regulatory flood hazard area which may impede, retard or change the
direction of the flow of water, either in itself or by catching or
collecting debris carried by such water, or that is placed where the
flow of water might carry the same downstream to the damage of life
or property.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance and Mitigation
Administration has delineated both the areas of special flood hazards
and the risk-premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance
and Mitigation Administration has provided flood profiles, as well
as the Flood Boundary Floodway Maps and the water surface elevation
of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A.
The overflow of inland or tidal waters; and/or
B.
The unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODPLAIN
The flood hazard area of any natural or man-made delineated
stream, pond, lake, river, or any other body of water and areas inundated
by the one-hundred-year flood in nondelineated areas. This includes,
but is not limited to, those areas delineated by the floodplain maps
prepared by the NJDEP, the Federal Emergency Management Agency or
by other agency or professional engineer upon review and acceptance
by the City Engineer.
FLOODWAY
The channel of a river, natural stream or other watercourse
and the portions of the flood hazard area adjoining the channel which
are reasonably required to carry and discharge the floodwater or floodflow.
FLOOR
A story of a building.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the outside face of exterior
walls.
A.
In the case of residential structures, such
area shall be finished in accordance with the requirements of the
Building Code. Any cellar, garage, crawl space, unfinished attic or
space of any nature, or accessory building shall not be included.
Any space with a clear ceiling height of four feet or more, but less
than the minimum ceiling height prescribed in the Building Code for
the type of building concerned, shall not be included when in excess
of 10% of the floor area which complied with such prescribed ceiling
heights. In the case of a bilevel, multistory building, the first-floor
area shall be considered to be the first level or levels of the structure
over the full perimeter of the structure which are above the average
finished grade of the adjoining ground, and constructed on other than
a concrete slab or other such floor.
B.
Any floor area which is located at grade or
on such a slab may, however, be included in the calculations of gross
floor area, provided it complies with the other terms of this definition.
C.
In the case of all multistory buildings, the
first-floor area shall be considered to be the first level or levels
of the structure extending over the full perimeter of the structure
and which is above the average finished grade of the adjoining ground,
whether or not such level is constructed on a concrete slab or other
such floor.
FLOOR AREA, HABITABLE
The sum of the gross horizontal areas of the floor or several
floors of a dwelling measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units,
having a clear ceiling height of seven feet, four inches, or greater,
but not including any unfinished attic, cellar, or accessory building
space, but including the floor area of roofed porches, balconies,
terraces and patios. (Also see "habitable room.")
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
FLOOR AREA, SALES
The sum of the gross horizontal areas of the floor or several
floors of a commercial building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases, or display racks, and any aisles, entranceways, arcades,
or other such public areas.
FRONT BUILDING FACADE AREAS
The total wall surface, including door(s) and window(s),
of the principal face of a building which corresponds to the street
address of the facade area. In the case of a corner building which
fronts on more than one street, the total facade area shall be composed
of all frontal areas that have frontal access to the street(s).
FUNERAL HOME or MORTUARY
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 45:7-47 et seq. A funeral home or mortuary
shall not be considered a "professional office."
GARAGE
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
GARAGE, PRIVATE
An enclosed building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
GARAGE, PUBLIC
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire. The rental of storage space, either enclosed
or open, for more than two motor vehicles not owned by occupants of
the premises shall be deemed a public garage.
GAS STATION
Has the same meaning as "motor vehicle service station."
GOLF COURSE
An area of 100 or more acres not designated as tidal wetlands
by the Wetlands Act, N.J.S.A. 13:9A-1 et seq., containing at least
18 holes, together with the necessary and usual accessory uses and
structures.
GRADE, EXISTING
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
GRADE, FINISHED
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
GROSS DENSITY
The total number of units divided by the total area of land
within the boundaries of the particular area, excluding nothing.
HABITABLE ROOM
Any room within a building used for the purpose of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings, or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation, and heat. Garages, bathrooms,
closets, storage areas, hallways, and stairs are not considered to
be habitable rooms. (Also see "floor area, habitable.")
HAZARDOUS MATERIALS
Include, but are not limited to, inorganic mineral acids
of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel, and mercury and
their inorganic salts or metallo-organic derivatives; coal tar acids,
such as phenols and creosols, and their salts; petroleum products;
and radioactive materials.
HEALTH-CARE FACILITY
A facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended-care facility,
skilled nursing home, nursing home, intermediate bioanalytical laboratory
(except as specifically excluded hereunder), or central services facility
serving one or more such institutions; but excluding institutions
that provide healing solely by prayer and excluding such bioanalytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health-care facilities, and the
predominant source of business of which is not by contract with health-care
facilities within the State of New Jersey and which solicit or accept
specimens and operate predominantly in interstate commerce.
HIGH WATER LINE
A line showing the upper inland wetlands boundary (a biological
"high water line") on a series of maps prepared by the State of New
Jersey Department of Environmental Protection for Lake's Bay and its
tributaries in accordance with the provisions of the Wetlands Act
of 1970, N.J.S.A. 13:9A-1 et seq., said line being established from
photographs and each of these maps being on file in the Office of
the City Clerk, the County Clerk, and the New Jersey Department of
Environmental Protection.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE OR STRUCTURE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being of historical,
archeological, cultural, scenic or architectural significance.
HOME OCCUPATION
Any use customarily conducted for profit entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes, and does not change the character thereof, provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing in the dwelling; and provided,
further, that no machinery or equipment is used which will cause electrical
or other interference with radio and television reception in adjacent
residences, or cause offensive noise or vibration. Such activities
as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist
homes, animal hospitals, nursery schools, and music or dancing schools
other than for individual instruction shall not be deemed home occupations
under the terms of this chapter.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
A.
Each lot owner, condominium owner, stockholder under a cooperative
development, or other owner of property or interests in the project
shall be a member;
B.
Each occupied dwelling unit is subject to a charge for proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association or
the municipality; and
C.
Each owner and tenant has a right to use a common property.
HOME PROFESSION
The practice of a profession within a "professional office,"
as defined by this chapter, conducted entirely within a dwelling which
is the bona fide residence of the principal practitioner.
HOSPITAL
A building or series or buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.
HOTEL
A building containing six or more guest rooms designed for
occupancy as the temporary residence for individuals who are lodged,
with or without meals, and in which no provision shall be made for
cooking in any individual room or suite.
IMPERVIOUS SURFACE
Any natural or man-made surface which does not permit infiltration
of water and causes surface runoff. All buildings, parking areas,
driveways, roads, sidewalks, and any areas in concrete and asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the engineer to be impervious
within the meaning of this definition will also be classed as impervious
surfaces. For purposes of building and impervious surface coverage
calculations required in this chapter, porous asphalt and concrete
shall be deemed to be impervious surfaces.
IMPERVIOUS SURFACES RATIO
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
IMPROVED STREET
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the City Engineer
upon approval and acceptance by the City Council, Atlantic County
or the State of New Jersey.
INTERESTED PARTY
A.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
B.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose rights to use, acquire,
or enjoy property is or may be affected by any action taken under
this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D-1
et seq. or under any other law of this state or of the United States
or have been denied, violated or infringed by an action or failure
to act under N.J.S.A. 40:55D-1 et seq. or this chapter.
INTERIOR STREET OR ROAD
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
INTERNAL STREET OR ROAD
A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. Internal streets may be private and not dedicated
or deeded to the public, subject to approval by the Planning Board
and by the City Engineer.
JUNKYARD
Space, inside or outside a building, used for the storage,
keeping, or abandonment of automobiles, junk, cloth, paper, or waste,
including scrap materials or other scrap materials, or for the dismantling,
demolition, or abandonment of automobiles or other vehicles or machinery
or parts thereof or the keeping of more than one inoperable vehicle
on a lot.
KENNEL
Any structure or premises wherein or whereon the business
of selling or boarding dogs, or breeding dogs for sale, is carried
on or where more than three dogs are kept.
LAKES AND PONDS
Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface area greater than
two acres, measured under ten-year storm conditions. The shoreline
of a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
professional land surveyor, and approved by the City Surveyor.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Such term also includes improvements and fixtures on, above or below
the surface.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting,
or filling of land, and any other activity which causes land to be
exposed to the danger of erosion.
LANDSCAPE; LANDSCAPING
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices and the requirements of this chapter, including, but not limited to, §
215-100.
LIGHT MANUFACTURING
Fabrication, assembly or processing of goods or materials,
or the storage of bulk goods and 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.
LOADING SPACE
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress from and egress to a public
street at all times.
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. A lot is land occupied or to be occupied
by a building, structure and permitted accessory uses, or by a dwelling
and its accessory uses together with such open spaces as are specified
and required under the provisions of this chapter, having not less
than the minimum area required by this chapter for a lot in the zone
district in which such a lot is situated, and having the required
frontage on a street.
LOT AREA
The acreage and/or square footage of a lot contained within
the lot lines of the property. No portion of a lot included in a street
right-of-way shall be included in calculating lot area. Portions of
lots encumbered by easements shall be included in calculating lot
area.
LOT, CORNER
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
If the interior angle exceeds 135°, the lot shall be deemed to
be an interior lot.
LOT COVERAGE
The area of a lot covered by buildings and structures and
accessory buildings or structures and expressed as a percentage of
the total lot area. For the purpose of this chapter, lot coverage
shall include all parking areas and automobile access driveways and
internal roadways, whether covered by an impervious or pervious material,
and all other impervious surfaces except for the following:
A.
Exterior walkways and plazas designed exclusively
for pedestrian use as part of a commercial, industrial, or office
development and which are part of an overall landscaping plan acceptable
to the Planning Board.
B.
Unroofed patios, terraces, decks and pedestrian
walks which are accessory to a single-family dwelling.
LOT DEPTH
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line, provided that, in triangular lots having no rear lot line,
the distance shall be measured to the midpoint of a line parallel
to the front lot line, which shall be not less than 10 feet in length
measured between its intersections with the side lot lines. On corner
lots, one side lot line shall be considered a rear lot line for the
purpose of determining lot depth only.
LOT FRONTAGE
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, said lot lines shall be assumed to parallel the center
line of the street at a distance of 50% of the statutory street right-of-way
width therefrom. For the purpose of this chapter, only continuous,
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
LOT LINE
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
A.
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
B.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line. (See §
215-34C,
D and
E.)
LOT WIDTH
The shortest distance between the side lot lines, measured
at street line, or if no setback line is established, the mean width
of the lot measured at right angles to its depth. The minimum lot
width as required by this chapter shall be maintained for at least
75% of the minimum depth as measured continuously from the front line
except for lots which front the turnaround of a cul-de-sac, in which
case lot width at the street line may be reduced to 50% of the required
width. However, the lot width measured at the front setback line must
be equal to or greater than 75% of the required lot width.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq. and this chapter.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one
or more acres of land or increasing impervious surface by 1/4 or more.
"Disturbance," for the purpose of this rule, is the placement of impervious
surface or exposure and/or movement of soil or bedrock or clearing,
cutting, or removing of vegetation. Projects undertaken by any government
agency which otherwise meet the definition of "major development"
but which do not require approval under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., are also considered "major development."
[Added 5-30-2017 by Ord.
No. 6-2017]
MAJOR SITE PLAN
Any site plan not classified as a "minor site plan" or "exempt
site development."
MANUFACTURING
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
MARINE ACTIVITIES
Any facility or activity associated with fishing or boating,
either for sport or for commercial gain.
MASSAGE PARLOR
Any establishment devoted to the providing of massage services
to persons not in connection with any medical, osteopathic, chiropractic,
prescribed therapeutic or athletic or calisthenic activities.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the City as set forth in and adopted by the Planning
Board pursuant to N.J.S.A. 40:55D-28 and including all subsequent
amendments thereto.
MAYOR
The Mayor of the City of Northfield.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-27.2 to such an extent that the person so afflicted
requires care and treatment for his own welfare, or the welfare of
others, or of the community, but shall not include a person who has
been committed after having been found not guilty of a criminal charge
or unfit to be tried on a criminal charge by reason of insanity.
METHADONE CLINIC
A business or commercial operation or functional equivalent
thereof, and shall not be construed, for zoning purposes, as ancillary
or adjunct to a doctor's professional office.
[Added 8-14-2001 by Ord. No. 14-2001]
MINOR SITE PLAN
A development plan for one or more lots which are subject
to development which:
A.
Requires site plan approval; and
B.
Meets the requirements set forth in §
215-62 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
C.
Meets the following conditions:
(1)
The construction of drainage facilities is not
required either on- or off-site.
(2)
New building construction and/or building additions
do not exceed 1,000 square feet of gross floor area.
(3)
The proposed development does not increase parking
requirements by more than three spaces, nor entail or propose the
construction of a total of more than five parking spaces.
(4)
The proposed development conforms to the floodplain management standards set forth in §
215-36 of this chapter.
(5)
The proposed development conforms to the performance standards set forth in §
215-44 of this chapter.
(6)
The proposed development will not require the
issuance of a CAFRA permit.
(7)
The proposed development does not involve planned
development.
(8)
The proposed development does not involve any
new street or the extension of any existing street.
(9)
The proposed development does not involve the
extension or construction of any off-tract improvement, the cost of
which is to be pro rated pursuant to N.J.S.A. 40:55D-42.
MINOR SUBDIVISION
A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot, provided such subdivision
does not involve a planned development, any new street, 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, and provided that the municipal agency
or the Subdivision Committee of the Planning Board finds that all
the following conditions have been met:
A.
That curbs and sidewalks have been installed
or that the developer agrees to install and post performance guarantees
for curbs and sidewalks.
B.
That the subdivision does not require the extension
of municipal facilities at the expense of the City.
C.
That the subdivision and construction resulting
therefrom will not adversely affect drainage patterns of the basin
in which the lots are situated.
D.
That the subdivision will not adversely affect
the development of the remainder of the parcel of the adjoining property.
E.
That the subdivision is not in conflict with
any provision or portion of the Master Plan, Official Map or this
chapter or that appropriate variances have been obtained (or must
be obtained as a condition of approval).
F.
That in the event a drainage fund has been established
by the City of Northfield or Atlantic County, an assessment has been
charged to the lots and has been paid.
G.
That no portion of the lands involved have constituted
a part of a minor subdivision within three years preceding the application.
MOTEL; MOTOR COURT; MOTOR HOTEL
A hotel or attached rental units where each unit has individual
entrances from the exterior of the building to each unit with convenient
access to a parking space or parking spaces for the use of the unit's
occupants, operated as a single business for the purpose of providing
lodging to transient guests. An office unit must be provided in conjunction
with the operation of a motel.
MOTOR VEHICLE SERVICE STATION
A.
A building, premises or portions thereof that contain service
bays with or without hydraulic lifts and which may or may not include
facilities for changing tires, oil changes, greasing, front end alignment,
installing shock absorbers, and/or washing or servicing such motor
vehicles, except for facilities used for vehicles registered to the
mercantile licensed or the owner of the mercantile license of the
business premises; e.g., repairs to a vendor's own delivery vehicle;
or
B.
Facilities for the sale of motor vehicle fuel; or
C.
Both Subsections
A and
B.
MULCHING
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
MULTIFAMILY BUILDING
Any building containing two or more dwelling units, including
townhouses, within a lot. Dwelling units within multifamily buildings
are classified as multifamily dwellings.
MUNICIPAL AGENCY
The Planning Board or City Council of the City of Northfield
when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
NONCONFORMING LOT
A lot the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
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.
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.
NON-POINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
NURSERY SCHOOL
A school designed to provide daytime care of three or more
children from two years of age to six years of age, inclusive, and
operated on a regular basis.
NURSING HOME
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care for illness or infirmity
to individuals who are unable to care for themselves.
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established from time to time by resolution of the Board of Chosen
Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq.
OFF-SITE
Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
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 PORCH OR STEPS
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no side wall other than the wall of
the structure to which it is attached.
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 other improvements that are designed to be incidental to the natural
openness of the land. Impervious surfaces within open space areas
shall be limited to improvements associated with recreation and drainage
facilities and underground utilities. Open space may include farmland
set aside in perpetuity intended for the preservation of the farming
use.
OPEN SPACE RATIO
A measure of the inverse intensity of land use. It is arrived
at by dividing total amount of open space within the site by the site
area.
OPEN SPACE, UNOCCUPIED
An unoccupied area, including natural and man-made watercourses,
streams, lakes, ponds, and grassed, wooded or landscaped areas, open
to the sky on the same lot with a principal and/or accessory building.
Improved sidewalks, paved paths or other pedestrianways within an
unoccupied open space area, which exceed four feet in width, shall
be deducted in determining the unoccupied open space area.
OWNER
Any individual, family group, firm, association, syndicate,
copartnership or corporation having proprietary interest in land which
is the subject of a development proposal.
PARKING AREA
An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements such as curbing, drainage, lighting,
and signing.
PARKING AREA, PRIVATE
An open area for the parking of privately owned motor vehicles
and not for public use.
PARKING AREA, PUBLIC
A paved open area, other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle,
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
PATIO
An area of land not used for receiving and storing material
where the ground has been surfaced with construction material such
as brick, stone, cement or lumber, which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
PEEP SHOW
Any establishment showing to patrons in private or semi-private
viewing areas the live or photographic or magnetically recorded depictions
of persons engaged in the representation and exploitation of illicit
sex, lust, passion, depravity, violence, brutality, nudity, immorality
and other obscene subjects.
PERFORMANCE GUARANTEE
Any security which may be accepted by the City, including
cash, provided that the City shall not require more than 10% of the
total performance guarantee in cash, in lieu of a requirement that
certain improvements be made before the municipal agency approves
an application for development.
PERSONAL SERVICE
An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
repair, storage or distribution of products or goods except for cleaning
and repairing of clothing and similar personal accessories.
PLACE OF WORSHIP
A building or group of buildings, congregations, for public
worship, including cathedrals, chapels, churches, meeting houses,
mosques, synagogues, temples, and similarly used buildings, as well
as accessory uses such as Sunday schools, social halls, parish houses,
and similar types of buildings.
PLANNED COMMERCIAL DEVELOPMENT
An area of 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
commercial or office uses, or both, and any residential or other uses
incidental to the predominant use as may be permitted by this chapter.
PLANNING BOARD
The City of Northfield Planning Board established pursuant
to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter
also means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.
PLANNING BOARD ENGINEER
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the City Engineer (with
consent of the Board) to render engineering services and advice to
the Board. In the absence of the specific appointment of a Planning
Board Engineer, the City Engineer may assume the duties of the office.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. "Final
plat" shall also include and be synonymous with the term "final site
plan."
PLAT, PRELIMINARY
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. "Preliminary
plat" shall also include and be synonymous with the term "preliminary
site plan."
PORTABLE HOME STORAGE UNITS (PODS)
A portable shed or storage container, storage unit, shed-like
container or other portable structure that can or may be used for
storage of personal property of any kind and which is located for
such purposes outside an enclosed building, other than an accessory
structure. "PODS®" is a brand container. "Portable Home Storage
Units" and "PODS" are synonymous with the term "Portable On-Demand
Storage."
[Added 10-9-2012 by Ord. No. 9-2012]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
PREMISES
A lot or tract of land or any combination thereof held under
a single ownership or control.
PROFESSIONAL OFFICE
The office of a member of a recognized profession as hereinafter
indicated when conducted on a residential property, which shall be
conducted by a member or members of the residential family entirely
within a residential building and shall include only the offices of
doctors, ministers, architects, professional engineers, lawyers, real
estate brokers and such similar professional occupations. The practice
of such occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone in which it is located to
a greater extent than for the professional activities listed herein.
The issuance of a state or local license for regulation of any gainful
occupation shall not be deemed indicative of professional standing.
PROFESSIONAL OFFICE BUILDING
A building, the occupancy of which is limited to professionals
such as doctors, dentists, ministers, architects, engineers, lawyers,
real estate brokers, accountants, or such other similar professional
occupations which may be so designated by the municipal agency upon
finding that such occupation is truly professional in character by
virtue of the need for similar training and experience as a condition
for practice.
PROHIBITED USE
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70D would be necessary in order to provide that use in that
particular zone.
PROJECTING SIGN
A sign, other than a facade sign, suspended from or attached
to a building or wall in a manner which is other than parallel to
the building or wall, including a sign hung under a canopy.
PUBLIC AREAS
A.
Public parks, playgrounds, trails, paths and other recreational
areas;
B.
Other public open spaces;
C.
Scenic and historic sites; and
D.
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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 biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen non-point
pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
City, Board of Education, federal, state, or county agency, or other
public body for recreation or conservation uses.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RADIOACTIVE USE
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
REACH
A hydraulic engineering term to describe longitudinal segments
of a stream or river. A reach will generally include the segment of
the flood hazard area where flood heights are influenced by a man-made
or natural obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would typically
constitute a reach.
RECHARGE
The replenishment of underground water reserves.
RECHARGE BASIN
A detention basin designed not only to relocate water gradually
into a natural or man-made outlet, but also to percolate into the
ground consistent with subsurface strata. Such basins are designed
for sandy or gravel soil with little evidence of fines (soil that
passes through a No. 200 sieve).
RECREATIONAL VEHICLE
A vehicular-type portable structure without a permanent foundation,
which can be towed, hauled, or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RECREATION AREA
Facilities and open space areas set aside, designed and/or
improved, and used for recreational purposes, and may include, but
shall not be limited to, playfields, playgrounds, swimming pools,
tennis courts, and other court games, tot lots, parks, picnic areas,
nature preserves, boating and fishing areas and facilities.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY, NET
The number of dwelling units which may be or are developed
per acre of land, exclusive of areas used for streets, easements and/or
open space portions of a development.
RESOURCE PROTECTION AREA
Any natural area or feature containing natural resources
protected by this chapter, where improvement and/or alteration may
be restricted or prohibited or where conservation is required. Resource
protection areas may include wooded areas, floodplains, natural drainage
areas, watercourses, ponds, lakes, stream corridors, riparian lands,
wetlands, marshland, wildlife habitats, archeological sites, and steep
slopes.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield or park operated solely by the agency or group
operating the recreation facilities, and for the convenience of patrons
of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN
An establishment where the majority of the patrons purchase
food, soft drinks, ice cream, and similar confections for take-out
or consumption on the premises but outside the confines of the principal
building, or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
RESTAURANT, FAST FOOD
An establishment that offers quick food service, accomplished
through a limited menu, providing over-the-counter and/or drive-through
service. This term is synonymous with the term "fast-food service
establishment."
[Added 10-9-2012 by Ord. No. 9-2012]
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 to
combine existing lots by deed or by other instrument.
RETAINING WALL
A structure more than 18 inches high 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 man-made or natural body of water of a depth of not less
than four feet designed to contain water at all times, the level of
which will be increased as a result of the flow into it of surface
and subsurface water, collected therein and released gradually into
natural or man-made outlets.
REVERSE FRONTAGE
A through lot which is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
REVETMENT
A facing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
ROOMING HOUSE
Has the same meaning as "boarding- or lodging house."
SCHOOL
Has the same meaning as "educational use."
SCIENTIFIC RESEARCH LABORATORY
A building or group of buildings in which activities are
limited to experiment, testing, and other forms of research such as
product design and development, provided that the use shall not include
any processing or manufacturing except as may be incidental to the
research or testing process. There shall be no commercial production
of goods, materials, or any other substances for sale, except as may
be produced by a small pilot facility necessary to the research activity.
SCREENING
Any concentration or grouping of trees or shrubbery as may
be required by this chapter.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
SERVICE ACCESS
That portion of any required yard area which is set aside
for the sole purpose of access from the road adjoining the premises
to the loading or unloading area on the premises, to service the building
erected for the use conducted thereon.
SETBACK
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
SHOPPING CENTER
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and auditoriums, housed
in an enclosed building or buildings, utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities and sanitary facilities and having a minimum total
floor area of 30,000 square feet.
SIGHT TRIANGLE
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each such line located a designated
distance from the intersection of the street lines.
SIGN
A name, identification, description, display, illustration
or any other device observable from out-of-doors, which is affixed
to, pointed on, or represented directly or indirectly upon a building,
structure, including motor vehicles or piece of land, and which directs
attention to an object, product, place, activity, person, institution,
organization, or business, regardless of whether such device is located
indoors or outdoors. Lighting used to outline any part of a building
shall not be deemed to be a sign if the lighting is used as an architectural
treatment. However, a sign shall not include any display of official
court or public office notices, any official traffic control device,
nor any flag, badges, or insignia of any public, quasi-public, civic,
charitable, or religious group.
[Amended 10-9-2012 by Ord. No. 9-2012]
SIGN, ADVERTISING
A sign off-site which directs attention to a business, commodity,
or service conducted, sold or offered elsewhere than on the premises
where the sign is located.
SIGN AREA
The area defined by the outside edge of the frame surrounding
the sign or by the edge of the sign if no frame exists. Where no frame
or edge exists, the area shall be defined by a projected enclosed
four-sided (straight lines) geometric shape which most closely outlines
the sign.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted on or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located.
SIGN, FACADE
Any sign placed or inscribed upon the face of a building.
SIGN, FREESTANDING
Any sign supported by uprights or braces placed upon the
ground and not attached to any building.
SITE
Any plot, parcel or parcels of land.
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, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
C.
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter requiring review and approval of site plans by the Planning
Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined in §
215-27.1 of this chapter, that is used to generate electricity; and has a nameplate capacity of 10 kilowatts or less.
[Added 10-9-2012 by Ord. No. 9-2012]
SOIL
All unconsolidated mineral and organic material of any origin
and overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
The Cape Atlantic Conservation District, a governmental subdivision
of the state, which encompasses the City of Northfield and which was
organized in accordance with the provisions of N.J.S.A. 4:24-2 et
seq.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 10-9-2012 by Ord. No. 9-2012]
SOLAR PANEL
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
or heat.
[Added 10-9-2012 by Ord. No. 9-2012]
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials.
SPECIFIED ANATOMICAL AREAS
[Added 4-24-2012 by Ord. No. 3-2012]
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock and female breast below a point immediately above
the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or 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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
The classification of land uses and economic activities in
the City of Northfield in accordance with the Standard Industrial
Classification Manual prepared by the United States Office of Management
and Budget dated 1972 and updated by supplements thereto.
STEEP SLOPES
Areas where the average slope exceeds 8%, which, because
of this slope, are subject to high rates of stormwater runoff and
erosion.
STORY
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A "split level" story shall be considered
a secondary story if its floor level is six feet or more above the
level of the line of the finished floor next below it, except a cellar.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story and
if less than two feet below the top plate, it shall be counted as
a half-story, provided not more than 60% of the floor area is used
for rooms, baths or toilets; otherwise, it shall be counted as that
fraction of a story which its floor area in rooms, baths or toilets
bears to the entire floor area.
STORY, HALF
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half-story. A basement
shall also be included as a half-story.
STREAM CORRIDORS
Those areas which include the floodway and permanent channel
of brooks and streams.
STREET
Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way which is an existing state, county or City roadway; or which is shown upon a plat hereto approved pursuant to law; or which is approved by official action as provided N.J.S.A. 40:55D-1 et seq.; or which is shown on a plat duly filed and recorded in the office of the county recording Officer prior to the appointment of a Planning Board and grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. (Streets are classified by function and type by §
215-118.)
STREET, IMPROVED
A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in §
215-118 of this chapter.
STREET LINE
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street; as distinct from a sidewalk line, curbline, or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
City of Northfield, the street line shall be considered to be the
proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the street line shall be assumed to be at
a point 25 feet from the center line of the existing pavement.
STREET, UNIMPROVED
A street that does not have an all-weather pavement in accordance with §
215-118, Street design and construction. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the even that the Construction Official or other City official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the City Engineer for his evaluation and written determination.
STRIPPING
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
STRUCTURE
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 and including, among other things: display stands,
fences and walls, gasoline pumps, gates and gate posts, mobile dwellings,
outdoor bins, pagodas, platforms, pools, porches, reviewing stands,
sales stands, signs, stadiums, staging, standpipes, tanks of any kind,
tents, towers of any kind, including radio and television towers and
antenna trellises. The word "structure" shall be construed as though
followed by the words "or part thereof."
SUBDIVIDER
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
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.
A.
The following shall not be considered subdivisions within the
meaning of this chapter, if no new streets are created:
(1)
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
(2)
Divisions of property by testamentary or intestate provisions;
(3)
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure;
(4)
Consolidation of existing lots by deed or other recorded instrument;
and
(5)
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 development contained in this chapter and are
shown and designated as separate lots, tracts, or parcels on the official
tax map of the City.
B.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION AND SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and having such
further duties relating to land subdivision or site plan as may be
conferred on this Committee by the Board.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or if
the structure has been damaged, and is being restored, before the
damage occurred. For the purposes of this definition, "substantial
improvement" is 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 any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places, the State Inventory
of Historic Places, or by the Northfield Bicentennial Committee.
SWIMMING POOL, COMMERCIAL
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee, or operated
as a service rendered by a hotel, motel, or apartment development
whose units are rented to transient or permanent residents and having
appropriate dressing room facilities, recreational facilities and
off-street parking areas.
SWIMMING POOL, PRIVATE
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and said pool is
utilized with no admission charges and not for the purpose of profit.
TEMPORARY PRODUCE SALES STRUCTURES
A portable or semi-portable table, platform or structure
from which fruits, vegetables, or similar agricultural products are
intended to be sold at retail to passing motorists or pedestrians.
TIDELANDS
Lands which are washed by tidal flows in accordance with
the NJDEP Tideland Council maps which are on file with the NJDEP and
City Clerk.
TOWNHOUSE
A dwelling unit having one or more common walls with adjoining
dwellings in the same building which consist of one or more stories,
and have two doorways which provide immediate entrance to and exit
from the dwelling at ground level.
TRACT
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. "Tract" is interchangeable with the words "development area,"
"site" and "property."
TRACT AREA, GROSS
The total area of land, determined by a certified boundary
survey, excluding any public rights-of-way and/or lands shown as part
of another previously approved or designated permanent open space.
TRACT AREA, NET or NET TRACT AREA
The gross tract area less the total of any areas within the
tract contained in:
A.
Riparian lands, tidelands and tidal wetlands.
B.
Wetlands and areas with shallow depth to water
table.
C.
The one-hundred-year floodplain.
E.
Stream corridors and floodways.
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.
TRANSCRIPT
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the municipal agency.
USE
The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
UTILITIES
Essential services including, but not limited to, sewers,
water, electricity, natural gas, telephone and cable providers, regulated
by the State of New Jersey or by the Federal Government.
UTILITY SHED
A type of accessory building used only for the storage of
the owner's or occupant's personal property, excluding motor vehicles,
and having a maximum square footage of 144 square feet.
VARIANCE
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b and N.J.S.A.
40:55D-70c and 40:55D-70d.
VERTICAL PARKING GARAGES
A multilevel structure constructed for use as a facility
for vehicular parking or storage. The levels can be above grade or
below grade, or both, but in no case shall exceed the maximum height
limitation for the district in which the structure is located.
WALKWAY or SIDEWALK
A way for carrying pedestrian traffic and may be located
within the right-of-way provided for a street, or may be located adjacent
to a property line, between lots, and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
WAREHOUSE
Any structure designed or utilized primarily for the storage
of goods and materials. The term shall include self-storage, mini,
or other forms of commercial warehouse activities.
WETLANDS (TIDAL)
Areas known as marshes, swamps or other lowland subject to
tidal action, or any area now or formerly connected to tidal waters,
whose surface is at or below an elevation of one foot above local
extreme high water and on which vegetation unique to tidal marshes,
swamps or lowlands has become adapted. This definition shall include,
but is not limited to, all the mapped New Jersey state wetlands in
accordance with the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.;
to wetlands defined in accordance with the New Jersey Coastal Development
Policies, N.J.A.C. 7:7D-1.0 et seq.; or by the U.S. Army Corps of
Engineers.
WETLANDS (NONTIDAL)
Areas known as marshes, swamps, or other saturated lowland,
wherein standing water is retained for 24 or more consecutive hours
and to which vegetation unique to such marshes, swamps, or wetlands
has become adapted. This definition shall include, but is not limited
to, all the mapped New Jersey state wetlands or to wetlands as defined
in accordance with the New Jersey Coastal Development Policies (N.J.A.C.
7:7D-1.0 et seq.) or by the U.S. Army Corps. of Engineers.
WET SOILS and HIGH PERMEABILITY MOIST SOILS
Soils with a depth to seasonal high water table less than,
or equal to, three feet (as delineated by the U.S. Natural Resources
Conservation Service in a National Cooperative Soil Survey) unless
the soils are loamy sand or coarser, in which case they are soils
with a depth to seasonal high water table less than, or equal to,
five feet. Wet soils found in the City of Northfield are Atsion (Ac.),
Berryland (bp), Muck (mu), Pocomoke (Po), and Tidal Marsh (Td) as
mapped by the U.S. Department of Agriculture, Natural Resources Conservation
Service.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 10-9-2012 by Ord. No. 9-2012]
WIND TURBINE
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Added 10-9-2012 by Ord. No. 9-2012]
WOODED AREA
Any area within a tract covered by trees, woods or forests,
including closely grouped or stands of 10 or more mature or specimen
trees of six-inch caliper or greater; or individual shade and specimen
trees of twelve-inch caliper or greater, or individual ornamental
trees of four-inch caliper or greater.
YARD
An open space which lies between a principal building or
building group, for the full length of the lot and the nearest lot
line. A yard is to be unoccupied and unobstructed from the ground
upward except as herein permitted. All yards will be identified as
either "front yard," "side yard," or "rear yard."
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The depth of the front yard shall be measured at right angles to the
front line of the lot.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The depth of a rear yard shall be measured at right angles to the
rear of the lot in the same manner as specified herein for the measurement
of lot depth.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard or, in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
ZONE or ZONING DISTRICT
Any part of territory of the City of Northfield which is
designated as a zone or zoning district on the Official Zoning Map
on file with the City Clerk and to which certain uniform regulations
and requirements of this chapter apply.