Word usage. For the purpose of this chapter, all words used in the present tense include the future tense. All words used in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall' is mandatory and directory. The word "used" includes "designed, intended or arranged to be used." Any word or term not defined herein shall be used with a meaning of standard usage, unless such word or term is defined in the Municipal Land Use Law, and then that definition shall apply.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purpose of this chapter, the terms used herein are defined as follows:
- ACCESSORY BUILDING, STRUCTURE OR USE
- A subordinate use clearly incidental and related to the principal structure, building or use of the land and located on the same lot as that of the principal structure, building or use. (See § 250-22A.)[Amended 11-10-1998 by Ord. No. 20-1998]
- The growing and harvesting of crops or the raising and breeding of livestock, with accessory buildings incidental to agricultural uses.
- ALTERATIONS OR ADDITIONS, STRUCTURAL
- Any change in supporting members of a building or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers or the moving of a structure; any enlargement, whether by extension of a side or by increased height.
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required by the provisions of this chapter or the Township's Subdivision Ordinance or Site Plan Ordinance or by the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., as heretofore or hereafter amended, which may be required for the approval of a subdivision plot, site plan, conditional use, zoning variance or direction for the issuance of any permit for development approval.
- A portion of a residential dwelling containing sleeping accommodations
without individual cooking facilities which are used, let or hired
out for compensation for the use of temporary guests. A central dining
area may be utilized to furnish meals only to the guests, but individual
kitchen facilities and restaurant service to the general public are
prohibited. The owner of the establishment must reside on the premises.[Added 11-10-1998 by Ord. No. 22-1998]
- Any structure having a roof, supported by such things as columns, posts, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or having other supports.
- BUILDING AREA (GROUND COVERAGE)
- The area occupied by all the buildings on a lot, measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
- BUILDING HEIGHT
- The vertical distance measured to the highest point of the building or structure from the average elevation of the finished grade at the perimeter of the foundation. No building or structure shall exceed 35 feet in height, with the exception of the following structures, provided that such structures are compatible with uses in the immediate vicinity: silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flagpoles, masts, aerials, solar energy facilities and other similar structures required to be placed above the roof level and not intended for human occupancy. The height of multifamily housing where low- and moderate-income housing is provided shall be governed by those specific provisions.
- BUILDING LINE
- A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.
- A story partly or completely underground, having more than 1/2 of its clear height below the average level of the finished grade at the perimeter of the building. A cellar shall not be considered a half-story.
- CERTIFICATE OF OCCUPANCY
- A paper certifying that the premises complies, both as to construction and use, with the provisions of the Zoning Ordinance and Building Code of the Township of Westampton. No certificate of occupancy will be issued until the finished grading of the lot has been completed and verified by the Township Engineer and until the asphalt base course for the street abutting the lot has been installed, in a manner satisfactory to the Township Engineer, the subbase for the drive has been installed and all curbs, aprons, utilities, if any, gutters, other necessary storm drainage to ensure proper drainage of the lot and surrounding land and sidewalks to serve the lot and structure for which the permit is requested have been installed. Verification of the grading and improvements shall be made either by the Township Engineer making a field inspection or by the developer's engineer furnishing an as-built drawing, which drawing is approved by the Township Engineer. The sight triangle shall be cleared, and measures taken for soil stabilization, including topsoil and seeding, are required.
- 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 the Zoning Ordinance, and upon the issuance of an authorization therefor by the Land Development Board. The term "conditional use" was previously referred to as a special exception or a use permitted with a special use permit.
- CONFERENCE CENTER
- A building or combination of buildings with meeting rooms,
dining facilities and guest rooms and accessory uses such as recreation
areas, pools and spas in which the guest rooms are occupied only by
those who are attending the conference or using the meeting rooms.[Added 4-28-1998 by Ord. No. 8-1998]
- CONVENIENCE STORE
- A food market containing not more than 6,000 square feet
where prepared foods, magazines and newspapers, cigarettes, dairy
products and/or similar foods and items sold for consumption or use
elsewhere, including those establishments where, as an accessory use
of the premises, prepared foods (e.g., meats, cheeses, soups, salads
and like products) may be sold over the counter in sandwiches or are
packaged to take out. The retail sale of gasoline and fuel to the
motoring public when combined with the convenience store use shall
constitute the operation of a service station and shall be considered
a principal use of a lot. When combined with a motor vehicle service
station, the minimum lot size of the convenience store and service
station shall be two acres.[Added 5-8-2001 by Ord. No. 13-2001; amended 3-6-2017 by Ord. No. 1-2017]
- A flat open platform usually constructed of wood.[Added 7-22-1997 by Ord. No. 15-1997]
- DECK, ATTACHED
- If constructed more than 30 inches above finish grade and attached to the principal building, shall be subject to the setback requirement as outlined in § 250-7, Schedule of Yard, Area and Bulk Requirements, for that zone for the principal building.[Added 7-22-1997 by Ord. No. 15-1997]
- DECK, DETACHED
- If constructed more than 30 inches above finished grade, but not attached to the principal building, the deck shall be subject to § 250-7, Schedule of Yard, Area and Bulk Requirements, for that zone as an accessory structure.[Added 7-22-1997 by Ord. No. 15-1997]
- DECK, GRADE LEVEL
- If constructed less than 30 inches in height above grade (measured from finished grade to the top of the deck), not covered by a permanent roof, is not subject to § 250-7, Schedule of Yard, Area and Bulk Requirements, for that zone.[Added 7-22-1997 by Ord. No. 15-1997]
- DWELLING, DETACHED
- A building detached from other buildings for residence purposes by one family and which has its own cooking, sleeping, sanitary and general living facilities.
- DWELLING, MULTIPLE
- A building containing two or more dwelling units.
- DWELLING, ONE-FAMILY
- A detached building and dwelling unit designed for and occupied
by one family.[Amended 2-13-1996 by Ord. No. 1-1996]
- ESSENTIAL UTILITIES
- The erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewerage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire company alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities, telephone companies or municipal or other government agencies or for the public health, safety or general welfare.
- One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a stable and
permanent living unit, being a traditional family unit or the functional
equivalent thereof.[Amended 2-13-1996 by Ord. No. 1-1996]
- One or more adjoining lots with at least five acres used for agricultural purposes, including the residence and associated outbuildings necessary for farming.
- FARM STANDS
- Farm stands for the sale of agricultural products raised
on the premises may be established, provided that the setback of the
stand is at least 30 feet from the curbline or edge of pavement and
that off-street parking is provided for at least three vehicles. One
temporary sign of not more than 24 square feet shall be permitted
only when stand is in operation and shall be placed in a position
which creates no traffic hazard or impediment.[Added 4-22-2003 by Ord. No. 12-2003]
- FENCE and WALL
- A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.
- FLOOR AREA RATIO
- The sum of the area of all floors of buildings or structures
compared to the total area of the site.[Added 4-28-1998 by Ord. No. 8-1998]
- GARAGE, PRIVATE
- A building or space accessory to a residence which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
- GRADE, FINISHED
- The completed surfaces of lawns, walks and roads brought to grades as shown on official plans. No certificate of occupancy will be issued until the finished grade has been completed.
- GROSS ACRES
- All of the acres within the boundaries of a site or tract
of land.[Added 6-14-2005 by Ord. No. 16-2005]
- HISTORIC RESOURCE
- Any site, building, area, structure or object significant in American history, architecture, archaeology and culture at the national, state, county, local or regional level.
- HOME OCCUPATION
- An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by the resident occupants of the residential building, except that no more than one person not a resident of the building may be employed, and provided also that no more than 900 square feet or the equivalent of the first-floor area of the building, whichever is smaller, shall be used for such purposes. No display of products shall be visible from the street; the residential character of the building shall not be changed; no sign shall be displayed exceeding a maximum of two square feet; no occupational sounds shall be audible outside the buildings; no article shall be offered for sale from the premises nor shall any article be displayed outside; no machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences; and the use shall not reduce the parking or yard requirements of the principal residential use.
- IMPERVIOUS COVERAGE
- Buildings, structures and paved surfaces which reduce the
natural absorption of water.[Added 4-28-1998 by Ord. No. 8-1998]
- INDUSTRIAL PARK
- A tract comprehensively planned for industrial uses, whether or not the buildings are erected in one development stage or over a period of time.
- Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof of any material whatsoever.
- Includes the surface and the subsurface of the earth, as well as improvements and fixtures on, above or below the surface and any water found thereon.
- Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land may file an application as the landowner for the purposes of this chapter.
- LIGHT INDUSTRY
- An activity which involves the fabrication, reshaping, reworking,
assembly or combining of products from previously prepared materials
and which does not involve the synthesis of chemicals or chemical
products or the processing of any raw materials. This category includes
light industrial operations such as electronic, machine parts and
small component assembly.[Added 4-28-1998 by Ord. No. 8-1998]
- LOADING SPACE
- An off-street berth within a structure or in the open, but on the same lot with a building or group of buildings, for the temporary parking of a vehicle while loading or unloading. Such space will have dimensions of not less than 12 feet in width, 35 feet in length and 14 feet in height.
- A parcel of land abutting a street, but not including any portion of a street, which is separate from any other parcel of land. Any lot which is to be offered for sale and which is part of an approved subdivision must adhere to the same standards for cleanliness and removal of debris as are set forth under the definition of "open space," which is part of this chapter.
- LOT AREA
- The area contained within the lot lines. Minimum lot area
for a single-family detached dwelling shall be computed excluding
any existing lakes, streams, floodways, floodplains, flood hazard
areas, wetlands, environmentally sensitive land, slopes exceeding
20%, areas of the tract which contain an historic resource and/or
areas of the tract encumbered by either easement or deed restriction
which would prohibit construction of structures normally allowed as
either a principal or accessory use in that zoning district.[Amended 5-15-1989 by Ord. No. 1989-9]
- LOT, CORNER
- A lot bounded on two or more sides by a public right-of-way. Yards on both streets shall meet the front yard requirements for that particular zone. The other two yards shall meet the side yard requirements.
- LOT DEPTH
- A mean horizontal distance between the front and rear lot lines, measured at right angles to a chord connecting the intersectional points of the side lot lines and the front lot line.
- LOT FRONTAGE
- The distance between the side lot lines, measured along the
street line. The minimum lot frontage shall be 50 feet for a single-family
detached residence.[Amended 9-21-1987 by Ord. No. 15-1987]
- LOT LINE, FRONT
- The line of a street on which a lot fronts or abuts.
- LOT LINE, REAR
- A lot line other than another front lot line on another street and which is the farthest lot line from the street. Where there is any question, the Building Inspector shall designate the rear lot line.
- LOT LINE, SIDE
- Any lot line not a front lot line or a rear lot line, including a lot line of the offset portion of a lot.
- LOT WIDTH
- The distance between the side lot lines, measured at right
angles to its depth at the building line. No lot shall be less than
50 feet at the street line for a single-family detached residence.[Amended 9-21-1987 by Ord. No. 15-1987]
- MANDATORY DEVELOPMENT FEE
- The fee paid pursuant to a mandatory fee ordinance.[Added 12-14-2004 by Ord. No. 21-2004]
- MANDATORY FEE ORDINANCE
- An ordinance that prohibits development pursuant to an existing
permitted use in this chapter or pursuant to a variance therefrom
without compelling the affected developer to contribute monies to
the municipality’s affordable housing fund.[Added 12-14-2004 by Ord. No. 21-2004]
- MOTOR VEHICLE SERVICE STATION
- A place where gasoline or other motor fuel or lubricating
oil or grease for operating motor vehicles is offered for sale at
retail to the public, which may include, but is not required to include,
the sale of accessories, oiling, greasing, washing and light motor
vehicle repairs on the premises; provided, however, that automobile
wrecking, major repairing of automobiles, including paint spraying
or body fender work, parking or storing of automobiles at the site,
shall be deemed part of the principal use or a permissible accessory
use of a motor vehicle service station. The term shall include a "gas
and go" or any other gasoline dispensing use where gasoline and/or
alternate fuels, including but not limited to diesel fuel, are sold
from pumps at retail to the motoring public even if no further service
is provided for the vehicle at the site. When combined with a convenience
store, a motor vehicle service station shall be presumed the principal
use on the lot upon which it is located.[Added 5-8-2001 by Ord. No. 13-2001; amended 3-6-2017 by Ord. No. 1-2017]
- NET ACRES
- Gross acres of a site or tract of land minus existing ponds,
lakes or streams; land containing slopes exceeding 15%; and land classified
as freshwater wetlands or wetland buffer acres based on a wetlands
delineation conducted in accordance with the rules and regulations
of the New Jersey Department of Environmental Protection.[Added 6-14-2005 by Ord. No. 16-2005]
- NONCONFORMING BUILDING OR STRUCTURE
- A building or structure whose location upon a lot or size does not conform to the regulations of this chapter.
- NONCONFORMING LOT
- A lot of record not having the minimum width, frontage, depth or area for the zone in which it is located.
- NONCONFORMING USE
- A use occupying a building, structure or lot which does not conform to the use regulations of this chapter.
- OFF-SITE COMMERCIAL ADVERTISING SIGN
- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
- OFF-TRACT IMPROVEMENTS
- Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as the result of the proposed development.
- OPEN SPACE
- Open space, as defined in the Municipal Land Use Law, which is to be offered to the Township for dedication or presented to a homeowners' organization must, in either case, be improved with good-quality grass rather then weeds. The property must be cleaned, and all low brush, briars and debris must be removed. No dead trees shall either be standing or lying on the site. In some cases, appropriate compensatory plantings and/or landscaping may be necessary, particularly where active recreation facilities are proposed to be installed by the developer on the open space. If any of the aforesaid open space includes either ponds or streams, or both, said ponds or streams must be cleaned and desilted prior to their offer of dedication to the municipality or presentation to the homeowners' organization.
- PARKING SPACE
- An area either within a structure or in the open for the parking of motor vehicles. The area of a parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other and shall be as required by the provisions of this chapter, regardless of the angle of the parking space to the access aisle or driveway.
- PERFORMANCE GUARANTY
- Any security which may be accepted by the Township Committee to guarantee the completion of the required improvements before approval of the proposed development, including performance bonds with responsible surety authorized to do business in the State of New Jersey, irrevocable letters of credit or escrow agreements secured by cash or certified check.
- (a) Ponds, streams and detention and retention basins offered for dedication to the municipality or presented to the homeowners' association must be cleaned and desilted prior to their dedication or presentation. On any pond constructed in the municipality for either detention, retention as an aesthetic amenity or for recreational purposes, banks shall be no steeper than 1 to 5, unless the developer can present during the presentation of the plan sufficient reasons for deviation from these standards.
- (b) It is the municipal policy not to accept for dedication man-made structures made necessary by the development for detention and retention. These structures should be proposed for dedication to a homeowners' association to be formed within the development which the drainage structure serves or should be a part of one or more lots with maintenance responsibility solely upon those residential building lots on which the drainage structure is located or to be undertaken by the homeowners' association. Appropriate documentation assuring the continued maintenance of these structures must be presented to the Land Development Board and reviewed and approved by its Solicitor at the time of preliminary plat submission and prior to approval of the preliminary plat. Documentation must include the right of the Township to go onto the lands in question, providing for adequate access, to correct a deficient situation. It must be clearly expressed that the municipality has the right but not the responsibility to make said correction and that any costs incurred by the municipality will constitute a lien upon those lands encumbered by the maintenance responsibility.[Amended 11-10-1998 by Ord. No. 24-1998]
- PORTABLE STORAGE UNIT
- A unit greater in dimension than three feet in length by
three feet in width by three feet in height rented or owned or for
use by the property owner or occupant for storage of personal items
or used for the packing or storage of items for permanently moving
to or from the residence or for temporarily storing items during a
renovation to the main residences or for the disposal of demolition
debris. Portable storage units include, but are not limited to, sea
boxes, bulk storage containers, portable on-demand storage containers,
store-to-door mobile transportation storage containers, roll-off containers
or other such similar containers. For purposes of this chapter, trash
dumpsters shall be deemed a portable storage unit.[Added 11-10-2009 by Ord. No. 14-2009]
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which said building is situated. Commercial and industrial developments and multifamily housing developments may have more than one principal building per lot. Any other form of residential development containing buildings used for residential use may not have more than one principal building per lot.
- PRINCIPAL USE
- A use which is the main or principal use of the lot; it is
the lot's first, chief or most important use. While commercial
or industrial developments and multifamily housing developments may
have more than one principal building per lot, they may have only
one principal use; however, mixed uses of more than one principal
commercial or industrial use may be located on one lot if the Planning
Board finds that the uses are part of a single site plan, with cross
easements for utilities and stormwater management, and access, ingress
and egress utilizing shared, common driveways.[Added 5-8-2001 by Ord. No. 13-2001; amended 3-6-2017 by Ord. No. 1-2017]
- PUBLIC DEVELOPMENT
- Development, including subdivision, by any Township or other governmental agency.
- PUBLIC PURPOSE
- The use of land by the Township Committee, School Board or some officially created municipal agency or authority.
- RECREATIONAL VEHICLES
- Boats, campers, trailers, self-propelled mobile homes and related vehicles.
- The total width and length of the course of property along a street, watercourse, utility alignment or other way and within which all improvements and rights-of-access are confined.
- The location of a building, as measured from the foundation line of a building, including chimney and covered porches, to the foundation line of another building or to the front, side and rear yard property lines, whichever the case may be, the distances being hereinafter specified.
- Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in a position to be seen by the general public from any street or public way.
- SIGN, AREA OF
- The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
- SOIL QUALITY
- Due to the highly acidic soil frequently found in the Township of Westampton, the following requirements must be met with respect to all development in those locations where yards or open space is proposed or required. Neutralizing highly acidic soil with lime is not possible when pH levels are below 4.0. The soil must be covered with 12 inches of soil having a pH of 5.0 or higher. "Highly acidic soil" is soil defined as soil with a pH level below 4.0. Soil tests will be required for each lot of a development where dark clay soil, which is indicative of low pH, appears to exist or on any lots which are filled with excavated material.
- 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.
- Any street, avenue, boulevard, road, lane, 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 pursuant to the Municipal
Land Use Act, N.J.S.A. 40:55D-1 et seq., as amended, or a street or
way on a plat duly filed and recorded in the office of the County
Clerk prior to the appointment of a Land Development Board and the
grant to such Board of the power to receive plats. It shall include
the lands between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. Street classifications
shall be those set forth in the adopted Master Plan.[Amended 11-10-1998 by Ord. No. 24-1998]
- STREET LINE
- The edge of the street right-of-way forming the dividing line between the street and a lot.
- Anything constructed, assembled or erected with a fixed location above, on or below the ground or an attachment to something having such fixed location.
- SWIMMING POOLS
- Facilities constructed above or below ground having a depth of more than two feet or a water surface of 100 square feet or more and designed and maintained for swimming purposes. "Swimming pools" shall include all buildings, structures, equipment, aprons and appurtenances, all of which shall be considered part of the total improvement constructed on the site.
- TEMPORARY BUILDING
- An enclosed or semienclosed structure utilized by contractors, architects or materialmen during the construction of projects. The use of said building must be affiliated with the construction of the project and shall not be a temporary use for the use which will ultimately occupy the permanent building. In no event shall the use made of such temporary building be residential. "Temporary buildings" may include construction trailers. No temporary building or construction trailer shall be present on the site for a period which exceeds six months from its inception. If a longer period of time is deemed necessary by the contractor or developer, a use variance for such extended period of time must be obtained.
- Those areas which are designated as such by either the United
States Fish and Wildlife Service National Wetlands Inventory or which
meet the definition for wetlands set forth by the State of New Jersey
in either statute or administrative regulation.[Amended 5-15-1989 by Ord. No. 9-1989]
- An open space extending between the closest point of any building and a lot line or street line. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades. The front yard shall be the area extending across the full width of a lot line between the street line and the building. The rear yard is the open space extending across the full width of the lot between the rear lot line and the building. The side yard is an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of a building.
General. Any word or term not defined above but defined in §§ 3, 3.1, 3.2, 3.3 and 3.4 of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-3 to 40:55D-7), shall be defined as the same is defined in those sections. In the case of conflict with this chapter, the definitions contained in the Municipal Land Use Law shall prevail.