This chapter shall be known as the "Land Use
Ordinance of the Township of Boonton."
The purpose of this chapter shall, in general
and where applicable to local conditions in the Township of Boonton,
be the purpose of the Municipal Land Use Law, Chapter 291 of the Laws
of 1975, as set forth in Section 2 (N.J.S.A. 40:55D-2) of said law.
A.Â
It is not intended by this chapter to repeal, abrogate,
annul or in any way impair or interfere with existing provisions of
other laws or ordinances, except those specifically or impliedly repealed
by this chapter, or any private restrictions placed upon property
by covenant, deed or other private agreement unless repugnant hereto.
B.Â
Where this chapter imposes a greater restriction upon
the use of buildings or premises, or upon the height of buildings
or lot coverage, or requires greater lot area or larger yards or other
open spaces than imposed or required by such rules, regulations or
permits or by such private restrictions, the provisions of this chapter
shall control.
As used in this chapter, the terms below shall
have the meanings indicated. Certain terms may have specific reference
to specific Parts, but may also have application generally or to other
provisions. The terms having specific reference to certain Parts are
identified with symbols referencing the Parts as follows:
The Agricultural Management Practices recommended or endorsed
by the State Agriculture Development Committee, plus those practices
complying with a Conservation Plan.
A subordinate building or structure on the same lot with
a principal building, occupied or devoted exclusively to an accessory
use. Where an accessory building or structure is attached to a principal
building in a substantial manner by a wall or roof, such accessory
building or structure shall be considered part of the principal building.
A use naturally and normally incident and subordinate to
the main use of the premises or lot.
The Township Clerk, less otherwise stated or intended by
this chapter.
Rent, including utilities, which does not exceed 30% of the
maximum gross monthly income of a low- or moderate-income household,
as applicable, based upon the following criteria:
Efficiency units shall be affordable to one-person
households.
One-half of all one-bedroom units shall be affordable
to one-person households and one-half affordable to two- person households.
One-half of all two-bedroom units shall be affordable
to two-person households and one-half affordable to three- person
households.
One-half of all three-bedroom units shall be
affordable to four-person households and one-half affordable to five-
person households.
The sales price of a housing unit such that after a down
payment of 5%, the monthly principal, interest, taxes, insurance and
condominium fees, if any, for the unit do not exceed 28% of the maximum
gross monthly income in accordance with the unit and household size
criteria contained in the definition of "affordable rent."
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
where the head of the household is a minimum age of either 62 years,
or 55 years and meets the provisions of 42 U.S.C. § 3601
et seq., except that due to death, a remaining spouse of less than
55 years of age shall be permitted to continue to reside.
[Added 3-14-2016 by Ord.
No. 845]
The production principally for the sale to others of plants,
animals or their products, including but not limited to forage and
sod crops, grain and feed crops, dairy animals and dairy products;
livestock, including dairy and beef cattle, poultry, sheep, swine,
horses, ponies, mules and goats; including grapes, nuts and berries;
vegetables; nursery, floral, ornamental and greenhouse products; and
other commodities as described in the Standard Industrial Classification
for agri-culture, forestry, fishing and trapping. "Agriculture" shall
not include intensive poultry or swine production or extensive animal
feedlot operations.
A change in the supporting members of a building, an addition
to or diminution of a building, a conversion of a building or a part
thereof, a removal of a building from one location to another or a
change in use.
An organization issued a permit, conditional permit, and/or
a vertically integrated permit pursuant to the Jake Honing Compassionate
Use Medical Cannabis Act, P.L. 2009, C. 307 (N.J.S.A. 24:6I-1 et seq.)
to operate as a medical cannabis cultivator, medical cannabis manufacturer,
medical cannabis dispensary or clinical registrant prior to February
22, 2021; and includes any alternative treatment center deemed pursuant
to Section 7 of the Jake Honing Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator
permit, a medical cannabis manufacturer permit, and a medical cannabis
dispensary permit and/or any alternative treatment center deemed to
concurrently hold any one or more class(es) of cannabis licensed marketplace
license(s) pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:6I-46,
and P.L. 2021, c.16 §34, amending N.J.S.A. 24:6I-7.
[Added 8-9-2021 by Ord. No. 898]
A dwelling unit located in one floor of a building containing
similar units, adjoining said similar units above, below or to the
side, which units may share in common facilities such as entryways,
hallways and utility systems.
A request for a review of the Planning Board's interpretation
of any provision of Part 7, or a request for a variance.
A developer submitting an application for development, land disturbance activity or construction for which approval is required under the terms of this chapter, including a person applying for financial assistance for housing rehabilitation pursuant to Part 10.
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 this chapter.
A plan which has been approved by the appropriate authority
(the Planning Board, Zoning Board or Township Committee) under the
terms of this chapter.
The Planning Board unless a different agency is designated
by this chapter when acting pursuant to the authority of P.L. 1975,
c. 291.[1]
A geologic formation that contains sufficient saturated permeable
material to yield significant quantities of water to wells and springs.
The land in the floodplain within the community subject to
a one-percent or greater chance of flooding in any given year.
Senior housing and beds to accommodate uses such as congregate
housing, intermediate care and nursing homes.
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A roof-like cover that projects from a building wall for
the purpose of shielding a window or doorway from the elements or
for ornamental purposes and which may be used as background for a
sign as herein permitted and regulated.
[Added 9-24-2001 by Ord. No. 644]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A portion of the building partly underground but having less than 1/2 its clear height below the average grade of the adjoining ground. (See "cellar.") As used in Part 7 of this chapter, any area of the building having its floor subgrade (below ground level) on all sides.
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
The minimum, required front yard setback line.
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 8-9-2021 by Ord. No. 898]
Shall mean and refer to a “cannabis consumption area"
as defined under P.L. 2021, c. 16 § 3, N.J.S.A. 24:6I-33, of
the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act.
[Added 8-9-2021 by Ord. No. 898]
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 8-9-2021 by Ord. No. 898]
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 8-9-2021 by Ord. No. 898]
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 8-9-2021 by Ord. No. 898]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer, or a cannabis distributor.
[Added 8-9-2021 by Ord. No. 898]
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
[Added 8-9-2021 by Ord. No. 898]
[Added 8-9-2021 by Ord. No. 898]
A license issued under relevant state law including a license
that is designated as either a:
The term shall also include a conditional license for a designated
class, except when the context of the provisions of relevant state
law otherwise intend to only apply for a license and not a conditional
license.
The term shall also include any activity related to cannabis
cultivation, cannabis manufacturing, cannabis wholesale, cannabis
distribution, cannabis retail and/or cannabis delivery service by
a preexisting alternative treatment center deemed to concurrently
hold any one or more class(es) of the above-listed cannabis license(s)
pursuant to PL. 2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L.
2021, c.16 §34 of the Act, amending N.J.S.A. 24:6I-7; but shall
not include the preexisting alternative treatment center's activities
related to medical cannabis cultivation, medical cannabis manufacturing,
medical cannabis processing and/or medical cannabis dispensing by
a preexisting medical cannabis alternative treatment center pursuant
to a license or conditional licensed issued by the State of New Jersey
pursuant to the Jake Honing 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.).
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 8-9-2021 by Ord. No. 898]
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 8-9-2021 by Ord. No. 898]
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 8-9-2021 by Ord. No. 898]
A structure, either freestanding or attached to a building
wall, having horizontal or nearly horizontal top and bottom surfaces,
and which is intended to serve as a covering over the ground below
and the objects thereon.
[Added 9-24-2001 by Ord. No. 644]
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade or adjoining
ground. (See "basement.")
The use of a building or land which is any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, but not including a change in ownership
or occupancy unless the nature of the use, as described above, is
changed.
The bed and banks of a river, stream, drainage ditch, watercourse
or any other body of water which conveys the normally occurring flow.
Any facility, by whatever name known, which is maintained
for the care, development and supervision of six or more children
under six years of age who attend the facility for less than 24 hours
a day. This term shall include but shall not be limited to such programs
as child-care centers, day-care centers, drop-in centers, day nursery
school, play schools, cooperative child centers, centers for children
with special needs, infant-toddler programs, employment-related centers,
child-care centers that have already received approval from the Department
of Human Services prior to the enactment of the Child Care Center
Licensing Act and kindergarten through sixth. The term shall not include
any facility excluded from the definition of "child-care centers"
in the Manual of Standards for Child Care Centers, State of New Jersey,
Department of Human Services.
The use of a common wireless telecommunications towers or
a common site by two or more wireless license holders or by one wireless
license holder for more than one type of communications technology
and/or placement of a wireless telecommunications towers on a structure
owned or operated by a utility or other public entity.
[Added 8-21-2000 by Ord. No. 615]
Every type of vehicle used for commercial purposes, including
but not limited to vehicles used to transport persons or property
for compensation or used in the furtherance of and/or performance
of a specific job or work function. The term "commercial vehicle"
shall not include vehicles used for private or personal transportation.
Includes but is not limited to facilities for the common
use of two or more units such as roads, sidewalks, swimming pools,
playgrounds, trees, greens, fairways and parking areas.
That open space shown on a recorded subdivision or map or
the common use of two or more units.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property as joint
tenants, as tenants by the entirety or as tenants in common.
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
A facility providing housing units and services for senior
citizens which may include meals, housekeeping and personal care assistance.
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service
and approved by the Morris County Soil Conservation District.
A lot at the junction of and having frontage on two or more
intersecting streets, or a lot bounded on two or more sides by the
same street.
Any area which should not be disturbed by uses incompatible
with the paramount public interest in the management of surface water
runoff and attendant environment damage. Examples of critical impact
areas include, but are not limited to, lakes, ponds, floodplains and
flood hazard areas designated as stream corridors, steep slopes, highly
erodible soils, swamps, marshes, bogs, watercourses, identified aquifer
recharge and discharge areas and heavily wooded areas, including but
not limited to the water resource conservation areas within the Township
of Boonton.
Any street or combination of streets having only one outlet
or connection to another street having more than one outlet or means
of access.
The permitted number of dwelling units per gross area of
land to be developed.
The Morris County Department of Community Development.
Shall mean and refer to a "designated caregiver" as defined
under the Jake Honing Compassionate Use Medical Cannabis Act, P.L.
2009, C. 307 (N.J.S.A. 24:6I-1 et seq.).
[Added 8-9-2021 by Ord. No. 898]
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.
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; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter. As used in Part 7, the term "development" shall also include any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communications satellites.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
A building or part thereof used as the residence of and providing
complete living facilities for a family as defined in this chapter.
A building containing one dwelling unit.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.[2]
A restriction established in a deed or duly recorded instrument
or on a duly recorded or filed map to permit the use of land by the
public or by particular persons, corporations or other legal entities
for specified uses.
Any and/or all physical and/or natural and cultural-social
factors affecting the community's general welfare and goals.
An informational document which is intended to provide pertinent
data to aid in evaluating the significance of the potential environmental-social
impact of a proposed project.
A documented systematic approach, ensuring the integrated
use of the natural and social sciences and the environmental design
arts in planning, to aid decisionmakers where man's environment may
be impacted.
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing surfaces of land prior
to grading, excavation or other land disturbance.
A person or any number of persons living together as a single,
nonprofit housekeeping unit.
An area of land made up of single or multiple contiguous
or noncontiguous parcels which is organized as a management unit actively
devoted to agricultural or horticultural use, including but not limited
to cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and other farm buildings and other enclosures related
to agricultural pursuits, which occupies a minimum of five acres,
exclusive of the land upon which the farmhouse is located and such
additional land as may actually be used in connection with the farmhouse
as provided in the Farmland Assessment Act of 1965, N.J.S.A. 54:4-23.3,
54:4-23.4, 54:4-23.5 and 54:4-23.11.
A plan which provides for use of land within its capabilities
and treatment, within practical limits, according to chosen use to
prevent further deteriorations of soil and water resources.
A vertical structure erected as a barrier, enclosure or screening
and extending or suspended between posts or other supports. As used
in this chapter, the term "fence" shall include the term "wall."
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 guaranties have been
properly posted for their completion, or approval conditioned upon
the posting of such guaranties.
The map or maps of a subdivision application for which final
approval is sought pursuant to this chapter.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A designated contour line measured in feet above mean sea
level (or chords connecting points on such a designated contour) along
streams, watercourses and the shorelines of bodies of water, below
which no development shall take place without a state permit.
The land included within the area of special flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Floodway Map and the water surface elevation of the base
flood.
That area composed of the channel, floodway and floodway
fringe as determined by the base flood.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 of one foot as a result of encroachment.
The area between the floodway as defined and the area that
would be flooded by a base flood if no encroachment were permitted.
The aggregate area of all floors in a building enclosed by
exterior walls, excluding, however, attic and basement floors, open
porches, open breezeways and garages.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support and
that under normal circumstances does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation, as designated by the Department of
Environmental Protection pursuant to the New Jersey Freshwater Wetlands
Protection Act, N.J.S.A. 13:9B-1 et seq.
A detached accessory building or portion of a main building
for the parking of or temporary storage of automobiles of occupants
of the main building.
A farm where garbage or food wastes are fed to livestock.
The Township Committee of the Township of Boonton.
A topographical site map showing two-foot contour lines for
both existing and proposed finished grades for the premises to be
affected and also for all adjoining land within 200 feet of any boundary
of the premises to be affected, which map shall be on a scale of one
inch equals 50 feet, if the premises be 10 acres or less, and one
inch equals 100 feet, if the premises be more than 10 acres.
Any stripping, cutting, grubbing or stockpiling of land,
or any combination thereof.
The water that would normally percolate to the water table
if not removed by sanitary and storm sewers and other diversionary
means.
Any waste or combination of wastes included in the current
listing of hazardous wastes published and as amended by the New Jersey
Department of Environmental Protection Bureau of Solid Waste Management,
with notice in the New Jersey Register, and also as listed in Publication
91-596 (Occupational Safety and Health Administration) and Part 172,
Title 49, of the Code of Federal Regulations (DOT) as amended.
An establishment or part thereof providing facilities for
physical exercise, whether individual activity or group session, including
but not necessarily limited to gymnasiums, aerobic centers, exercise
salons, dance studios and any combination thereof.
The vertical distance measured from the lowest finished grade
at any distance within 15 feet of the foundation of any section of
a structure to the top of the highest roof beams of a flat roof or
the mean level of the highest gable of a sloping roof. The finished
grade shall be calculated by averaging the highest and lowest grades
from each exterior foundation wall of the particular section of the
structure. A "section of a structure" is any portion of the structure
having a common roof.
[Amended 9-25-2000 by Ord. No. 622]
A business or commercial activity carried on within a dwelling
by a member or members of the family occupying the dwelling, which
activity is clearly incident and subordinate to the residential purpose
and character of the dwelling.
A nonprofit residential facility providing care for the terminally
ill and having a full-time, licensed medical staff.
The Housing Region in which Boonton Township is located,
as established by COAH.
The Department of Housing and Urban Development.
The person designated by the Township Committee to administer
the provisions of Part 10.
Buildings, structures, pavement and other land improvements
which prevent or are likely to prevent normal groundwater absorption.
A residential housing development in which a substantial
percentage of the housing units are provided for a reasonable range
of low- and moderate-income households.
Shall mean and refer to an "institutional caregiver" as defined
under the Jake Honing Compassionate Use Medical Cannabis Act, P.L.
2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
[Added 8-9-2021 by Ord. No. 898]
A facility providing beds and/or dwelling units for continuous
health and personal care for senior citizens who are in need of assistance
in performing daily routines.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion, including but not limited to housing and other
buildings, farming, mining and logging.
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I- 31 et seq.) including a license that
is designated as either a Class 1 cannabis cultivator license, a Class
2 cannabis manufacturer license, a Class 3 cannabis wholesaler license,
a Class 4 cannabis distributor license, a Class 5 cannabis retailer
license, a Class 6 cannabis delivery license, and also includes: a
person or entity that holds a conditional license for a designated
class; a person or entity holding a preexisting medical cannabis cultivator
license, preexisting alternative treatment center permit first issued
by the State of New Jersey, Department of Health, Division of Medicinal
Marijuana in accordance with the provisions of the Jake Honing 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.) prior to February
22, 2021, and approved by the Township to hold a concurrent municipal
license to operate as a Class 1 cannabis cultivator, Class 2 cannabis
manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis
distributor in accordance with the provisions hereinafter and P.L.
2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L. 2021, c.16 §34,
(amending N.J.S.A. 24:6I-7) of the Act; and/or any other person or
entity holding a local annual cannabis license issued by the Township
pursuant to this Code.
[Added 8-9-2021 by Ord. No. 898]
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
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.
The total square unit contents of any lot as measured within
the lot lines.
See "corner lot."
A portion of a lot occupied by a building or buildings, or
by other site improvements, and, in the case of buildings, determined
by the footprint formed by the outer perimeter of the foundation and
any building wall extending more than two feet beyond the foundation.
Lot coverage is usually expressed in square feet or as a percentage
of the total lot area.
In the case of a lot running through from one street to another,
the front of such lot shall, for the purposes of this chapter, be
considered that frontage upon which the majority of the buildings
in the same block front, but, in case there has been no clearly defined
frontage established, the owner may, when applying for a building
permit, specify on his permit application which lot line shall be
considered the front lot line.[3]
The lowest floor of the lowest enclosed area, including the
basement. An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of other applicable nonelevation design requirements.
A household with a gross household income equal to 50% or
less of the median gross household income adjusted for household size
for Morris County as set forth on the Schedule of Section 8 Income
Limits, published by the Federal Department of Housing and Urban Development.
Any security which may be accepted by a municipality for
the maintenance of any improvement required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256, and cash.[4]
Any subdivision not classified as a minor subdivision, except
that a subdivision, otherwise classifiable as a minor subdivision,
proposed to be made from a tract of land on which a minor subdivision
has been approved within the five years preceding the application
shall be treated as a major subdivision.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
[Added 8-9-2021 by Ord. No. 898]
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted pursuant
to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).
A site plan intended to show, in composite form, the development
of a site and the building or buildings thereon for two or more principal
uses, along with off-street parking and loading and other supporting
or accessory facilities serving each use, all as may be required by
this chapter.
Cannabis dispensed to registered qualifying patients or their
designated or institutional care giver(s) pursuant to the Jake Honing
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.).
"Medical cannabis" does not include any cannabis or cannabis item
that is cultivated, manufactured, produced, processed, distributed.
delivered, sold and/or resold for the ultimate purpose of recreational
consumption by persons that are not registered qualifying patients.
[Added 8-9-2021 by Ord. No. 898]
Any structure, enclosure or shelter which is constructed
of canvas or pliable material supported in any manner.
[Added 9-14-1998 by Ord. No. 576]
Any street not identified in the circulation plan element
of the Master Plan as a county road, a primary Township road or a
secondary Township road.
A distance as specified in this chapter, measured from and
parallel to a street right-of-way, within which the required minimum
lot size must be measured.
Except as provided under the definition of "major subdivision"
hereinabove, any subdivision containing not more than three lots fronting
on an existing accepted street or on a private street approved by
the Planning Board or otherwise approved by the governing body for
purposes of issuing building permits not involving 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.
A household with a gross household income equal to or more
than 50% but less than 80% of the median gross household income adjusted
for household size for Morris County as set forth on the Schedule
of Section 8 Income Limits, published by the Federal Department of
Housing and Urban Development.
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.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
[Added 5-12-2008 by Ord. No. 752]
The Planning Board, the Board of Adjustment or the Township
Committee of the Township of Boonton.
The existing ground surface of land prior to any grading,
excavation or other land disturbance.
Structures for which the start of construction commenced
on or after the effective date of Part 7.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.).
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot of record existing at the date of the passage of this
chapter which does not conform to the regulations of this chapter
for the zone in which it is located.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Any private action which unreasonably interferes with the
comfortable enjoyment of another's property, which may be enjoined
or abated and for which the injured or affected property owner may
recover damages.
A facility providing beds for a range of personal and medical
care services to chronically ill and disabled individuals who are
unable to care for themselves.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291.[5]
An improvement which is not located on the property which
is the subject of an application for development nor on a contiguous
portion of a street or right-of-way.
Any improvement, the installation of which may be required
as part of an application for development and which is to be located
on the property which is the subject of an application for development
or on a contiguous street or right-of-way.
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.
The keeping, outside the confines of a building, of goods,
supplies, equipment, materials and merchandise of any kind intended
for use or sale on the premises.
Any individual, firm, association, syndicate, copartnership
or corporation, trust or other legal entity having a sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
An open area other than a street or other public road or
way used for the parking of motor vehicles, including access drives
or aisles for ingress and egress thereto and therefrom.
An accommodation for the off-street parking of a motor vehicle,
which space shall have an area required by this chapter.
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in section 16 of P.L. 1991, c. 256, and cash.[6]
The purchase, sale, possession, and/or consumption of cannabis
items by person(s) who are not a registered qualifying patient under
the Jake Honing 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.).
[Added 8-9-2021 by Ord. No. 898]
A building wherein persons regularly assemble for religious
worship, which is used for such purposes and those necessary activities
as are customarily associated therewith, and for which the use qualifies
for tax exemption as a nonprofit religious institution.
The map or maps of a subdivision.
A roofed structure extending from the entrance of a building
over an adjacent driveway and sheltering those getting in or out of
vehicles.
[Added 9-24-2001 by Ord. No. 644]
The conferral of certain rights pursuant to Sections 34,
36 and 37 P.L. 1975, c.291 (N.J.S.A. 40:55D-46; N.J.S.A. 40:55D-48;
and N.J.S.A. 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.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in schematic form
its scope, scale and relationship to its site and immediate environs.
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Planning Board for consideration
and preliminary approval.
A lot, including buildings, structures and improvements thereon.
Regarding cannabis, the following areas of a location licensed
under P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.): all public and private
enclosed areas at the location that are used in the business operated
at the location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
[Added 8-9-2021 by Ord. No. 898]
A structure arranged, adapted or designed for the predominant
or primary use for which a lot may be used.
The primary or predominant use of the premises.
Any artificially constructed and lined basin for the holding
of water for use by the possessor, his family or guests for swimming,
diving and other aquatic sports and recreation. The term "swimming
pool" does not include any plastic, canvas or rubber pool temporarily
erected upon the ground holding less than 1,500 gallons of water.
Visible from a public thoroughfare, public lands or buildings,
public pathways, trails or bicycle paths and navigable waterways.
[Added 8-21-2000 by Ord. No. 615]
Space allocated for collection and storage of source-separated
recyclable materials.
[Added 5-12-2008 by Ord. No. 752]
Shall mean and refer to a qualifying patient or patient registered
under the Jake Honing Compassionate Use Medical Cannabis Act.
[Added 8-9-2021 by Ord. No. 898]
The restoration of a substandard unit to a decent, safe and
sanitary condition by eliminating the condition(s) making the unit
deficient.
An establishment in which food is prepared and served onsite
for consumption on the premises to patrons seated at tables, booths
and/or counters within the confines of the building by waiters and/or
waitresses.
[Added 6-13-2005 by Ord. No. 703]
Any establishment or part thereof whose primary normal and
usual function is the sale of food and beverages prepared for immediate
consumption and packaged/wrapped in paper or other disposable containers
for sale over the counter or at a drive-up window to customers for
consumption within the building, parking lot and/or off premises.
[Added 6-13-2005 by Ord. No. 703]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines and other periodicals,
sandwiches, and other freshly prepared hot and/or cold foods for off-site
consumption. In addition to convenience store uses, any retail food
establishment as defined herein with extended or twenty-four-hour
operations shall be considered as a retail convenience store.
[Added 6-13-2005 by Ord. No. 703]
Establishments located within a building in which food and
drink is offered or prepared primarily for retail sale with consumption
off site.
[Added 6-13-2005 by Ord. No. 703]
A building or part thereof in which or from which a service
is rendered directly to the ultimate consumer.
[Added 5-21-2001 by Ord. No. 637; amended 6-13-2005 by Ord. No.
703]
A building or part thereof in which or from which merchandise
is sold directly to the ultimate consumer.
[Added 5-21-2001 by Ord. No. 637]
See "street."
See "dish antenna."
A schedule of income limits that defines 50% and 80% of the
median income by household size. When used herein, Section 8 income
limits shall refer to the uncapped schedule published by COAH.
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.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
The required yard or distance between buildings and property
lines.
A triangular area outside of the street right- of-way abutting
two intersecting streets and driveways. The sight triangle is formed
by the intersecting street center lines as outlined herein for the
purpose of providing sight distances for vehicular and pedestrian
traffic.
Includes any device, freestanding or attached to a building
or structure or erected, painted, represented or reproduced upon or
in any building or structure, which displays, reproduces or includes
any letter, word, name, number, model, insignia, design, device or
representation used for one or more of the following purposes: to
identify the premises or occupant or owner of the premises; to advertise
any trade, business, profession, industry, service or other activity;
to advertise any product or item; to advertise the sale or rental
or use of all or any part of any premises, including that upon which
it is displayed; to direct vehicular or pedestrian traffic other than
state, county or municipal highway and roadway markers; and shall
include any announcement, declaration, demonstration, display, illustration,
insignia or any representation used to advertise or intended to advertise
or promote the interests of any person.
A sign suspended from the underside of a canopy or portico
above a sidewalk adjoining a building and erected perpendicular to
the building wall near the public entry of the establishment it identifies.
[Added 5-21-2001 by Ord. No. 367; amended 9-24-2001 by Ord. No.
644]
A sign receiving its support from the ground, whether by
solid base, uprights, braces, poles or other means, and not attached
to any other structure.
A sign lighted by or exposed to artificial lighting either
from within the sign or directed toward the sign.
Ownership of a single lot without any abutting property owned
by the owner of said lot in which the ownership is by one person or
jointly by two or more persons, whether as joint tenants, tenants
by the entirety or tenants in common.
Any plot, lot, tract or parcel of land.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; 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
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
The diffused lighting/glow of the night sky in the general
area overhead surface lights; the perceived intensity and area of
glow varying with atmospheric conditions.
All unconsolidated mineral and organic material of any origin,
including earth, sand, clay, loam, muck, gravel, stone, humus, rock
or dirt, that overlies bedrock and can be readily excavated, including
both surface (top) soil and subsoil.
The Morris County Soil Conservation District, or its successor,
which is a governmental subdivision of this state organized in accordance
with the provisions of Chapter 24, Title 4, of the New Jersey Statutes
(N.J.S.A. 4:24-1 et seq.)
A plan which fully indicates necessary land treatment measures,
including a plan of procedure and time schedule for their installation,
which will effectively minimize soil erosion and sedimentation. Such
measures shall be equivalent to or exceed standards for soil erosion
and sediment control currently adopted by the New Jersey State Soil
Conservation Committee.
The removal from or import of soil to any premises within
the Township.
A building or enclosure used for sporting events, competitive
sports and sport performances, partly or completely surrounded by
tiers of seats for spectators.
The amount of water that would not be retained by absorption
and percolation and would, therefore, flow to and increase streams
and watercourses temporal water level heights during and after a given
storm.
That portion of a building included between the surface of
any one floor, exclusive of any basement, and the surface of the floor
next above it or, if there is no floor above it then that portion
of the building included between the surface of any floor and the
ceiling above it.
A portion of a building situated above a story, where the
walls meet a sloping roof and having a minimum average height of five
feet.
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the ap-pointment of a Planning Board and the grant to such
Board of the power to review plats, and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines.
Any activity which significantly disturbs a vegetated or
otherwise stabilized soil surface, including clearing and grubbing
operations.
An object consisting of one or more fabricated or natural
materials which is constructed, erected or placed below, upon or above
ground level and shall include any building, edifice, construction
or piece of work, or any part thereof, or any combination of related
parts, including an object attached thereto. The term "structure"
shall include the term "building."
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be agricultural
purposes, where all resulting parcels are five acres or larger in
size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instruments; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons, and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
All soil beneath the top layer of soil, be it sand, gravel,
clay, boulders, stone aggregate, dirt or a combination of one or more
of the foregoing, or otherwise, down to bedrock.
A dwelling unit that is unsafe and/or unsanitary based upon
one or more of the following characteristics:
It is inhabited by 1.01 or more persons per
room.
Absence of a private entranceway to the dwelling
unit.
Absence of complete plumbing facilities and
adequate kitchen facilities, including a sink with piped water, a
stove and a refrigerator.
Absence of central heat.
One or more major code violations, including
one of the following major systems must be replaced or extensively
repaired: plumbing, heating, roof, electrical or major load-bearing
structural systems.
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 or a State Inventory of Historic
Places.
See "private swimming pool."
A committee consisting of the Township Engineer, the Planning
Board Attorney, the Secretary of the Planning Board and such other
professionals or individuals as may be appointed by the Chairman of
the Board, established for the purpose of determining completeness
of duplications for development, conducting initial review of applications
for development and performing such other duties relating to subdivisions
and site plans as may be conferred upon it by the Board.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more by weight of organic matter
and has the ability to support vegetation.
A single-family dwelling attached by a common wall between
it and the adjacent unit or units extending from the basement to the
roof together with individual front and rear entrances and yards designated
as an integral part of each unit.
The Township of Boonton, Morris County, New Jersey.
A perennial woody plant having a single self-supporting trunk.
A plan pertaining to trees three or more inches in diameter
at breast height (i.e., measured 4Â 1/2 feet above ground level)
for retention or removal of such trees selectively as the same may
be required by the Tree Protection and Removal and Soil Erosion and
Sediment Control Ordinance.
Permission to depart from the literal requirements of a zoning
regulation.
A vertical structure erected as a barrier, enclosure or screening
or for the purpose of retaining earth and continuously attached to
or supported by the ground.
Any natural or artificial body of water, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, gully, ravine, swale,
wash or other waterway in which water flows in a definite direction
or course, either continuously or intermittently, within a definite
channel, and shall include any area adjacent thereto subject to inundation
by reason of overflow of floodwater.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
[Added 8-9-2021 by Ord. No. 898]
A system of electrical conductors that transmit or receive
radio frequency signals for wireless telecommunications towers.
[Added 8-21-2000 by Ord. No. 615]
Accessory facilities serving and subordinate in area, extent
and purpose to and on the same lot as a wireless telecommunications
tower or antenna. Such facilities include transmission equipment,
storage sheds, storage buildings and security fencing.
[Added 8-21-2000 by Ord. No. 615]
A fenced-in area which houses wireless telecommunications
equipment buildings, antennas, equipment and towers.
[Added 8-21-2000 by Ord. No. 615; 12-27-2000 by Ord. No.
616]
A freestanding vertical structure designed to support one
or more wireless telecommunications antennas, including monopoles,
guyed towers, lattice towers and similar structures.
[Added 8-21-2000 by Ord. No. 615]
FRONT YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending across the full width of any lot and lying between the front street sideline and the nearest line of any building on said lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the Master Plan of the Township of Boonton, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on said Master Plan rather than from the existing front street sideline.
REAR YARDAn open, unoccupied space, unless occupied by an accessory building or use hereinafter specifically permitted, extending across the full width of any lot between the rear line of any main building thereon and the rear lot line of said lot; provided, however, that the rear yard of any lot that abuts any river shall be measured from said rear building line to the nearest point of the high water mark of the river.
SIDE YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the sideline of the main building nearest thereto; provided, however, that the side yard of any lot that abuts any river shall be measured from said side building to the nearest point of the high water mark of the river.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 58:1A-3 et seq.
[3]
Editor's Note: The former definition of "lot
size averaging," which immediately followed this definition, was repealed
4-12-1999 by Ord. No. 591.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-53.5.
Whenever a term is not defined in this chapter,
it is intended to have the meaning set forth in P.L. 1975, c. 291
(N.J.S.A. 40:55D), if defined by that statute. In the event of conflict
between the definition in this chapter and that contained in said
statute, the definition in said statute shall apply.
Words in the present tense include the future;
words in the singular include the plural number and words in the plural
number include the singular; the word "lot" includes the words "plot"
and "parcel"; the word "shall" is mandatory and not directive; the
word "person" includes a corporation as well as an individual; and
the words "used" and "occupied" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied
or offered for occupancy." The term "such as," where used herein,
shall be considered as introducing a typical or illustrative, rather
than an entirely exclusive or inclusive, designation of permitted
or prohibited uses, activities, establishments or structures. The
words "zone" and "district" are synonymous.
