[Amended 4-12-1995 by Amendment 9]
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
ACCESSWAY
A way for vehicular and foot traffic leading from any street.
ACT
The New Jersey Municipal Land Use Law, Chapter 291 of the
Laws of 1975, as supplemented and amended from time to time.
ADMINISTRATIVE OFFICER
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
AGRICULTURE
The science and art of farming and herein specifically refers
to the work of cultivating the soil in or outside a structure, such
as a greenhouse, producing and harvesting crops and breeding and raising
livestock. Livestock encompasses animals of all kinds. Processing
of livestock, meaning freezing, canning, drying or salting, and large-scale
feed lots are specifically excluded as not constituting agricultural
activities.
[Amended 7-13-1988 by Amendment 1]
AGRICULTURAL SOILS
Soils classified in the Soil Survey of Hunterdon County,
New Jersey, United States Department of Agriculture, Soil Conservation
Service, November, 1974. The term, unless otherwise specified, refers
to land capability Classes I, II and III; those soils which may be
considered prime agricultural soils.
ALLEY or SERVICE STREET
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
ALTERATIONS
Alterations include, but are not limited to, the following:
A.
All incidental changes or replacements in the
nonstructural parts of a building or other structure.
B.
Minor changes or replacements in the structural
parts of a building or other structure, including but not limited
to the following examples:
(1)
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
(2)
Alteration of interior partitions in all other
types of buildings or other structures.
(3)
Constructing windows or doors in exterior walls.
(4)
Strengthening the load-bearing capacity in not
more than 10% of the total floor area to permit the accommodation
of a specialized unit of machinery or equipment.
(5)
Removal of the blinding from one location to
another.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or
Section 27 (N.J.S.A. 40:55D-36) of the Act.
APPROVING AUTHORITY
The Alexandria Township Planning Board, unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Act.
AREA OF A SIGN
The total area of a sign, including all borders and trim
but not structural elements.
BASEMENT
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 1/3 of the perimeter walls
are five feet or more above grade and if the net area of the door
or window openings in the exterior ways is equal to at least 10% of
the enclosed floor area.
BOARD OF ADJUSTMENT
The Alexandria Township Land Use Board, established pursuant
to N.J.S.A. 40:55D-25(c)(1).
[Amended 6-14-2017 by Ord. No. 2017-01]
BOARDER
A person occupying any room or group of rooms forming a single,
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to the owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified for the purposes of
this chapter not as a roomer, boarder or lodger, but as a guest of
a commercial lodging establishment (motel, hotel, tourist home).
BUFFER YARD
A strip of required yard space adjacent to the boundary of
a property, district, road, street or highway, not less in width than
is designated in this chapter, and on which is placed year-round shrubbery,
hedges, evergreens or other suitable plantings of sufficient height
and density to constitute an effective screen and to give maximum
protection and immediate screening to an abutting property or district.
A buffer yard may include a wall or fence or a solid wall or fence,
provided that such wall or fence is screened or constructed in such
a manner that it will not conflict with the character of the abutting
district.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
The sum of the area of the plan projection of all buildings
on a site compared to the base site area, as expressed as a ratio.
[Added 6-9-2004 by Amendment 22]
BUILDING SETBACK LINE
The line parallel to the proposed right-of-way line at a
distance therefrom equal to the depth of the front yard required for
the district in which the lot is located, provided that, in the case
of a lot where the side lines are not parallel, the building setback
line shall be where lot width first coincides with the required minimum
lot width but in no case closer to the street than the required front
yard.
BULK
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas, such
as yards, and to lot lines and therefore including:
A.
The size, including height and floor area, of
a building or other structure.
B.
The relation of the number of dwelling units
in a residential building to the area of the lot.
C.
All open areas in yard space relating to buildings
and other structures.
CALIPER
A measurement of the size of a tree equal to the diameter
of its trunk measured four feet above natural grade.
[Amended 7-13-1988 by Amendment 1]
CANNABIS CULTIVATOR
Any person or entity holding a Class 1 Cannabis Cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, 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 7-14-2021 by Ord.
No. 2021-006]
CANNABIS DELIVERY
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes the use by a licensed
cannabis retailer of any third party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
[Added 7-14-2021 by Ord.
No. 2021-006]
CANNABIS DELIVERY SERVICE
Any person or entity holding a Class 6 Cannabis Delivery
license issued by the State of New Jersey 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 7-14-2021 by Ord.
No. 2021-006]
CANNABIS DISTRIBUTOR
Any person or entity holding a Class 4 Cannabis Distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 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 7-14-2021 by Ord.
No. 2021-006]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-14-2021 by Ord.
No. 2021-006]
CANNABIS MANUFACTURER
Any person or entity holding a Class 2 Cannabis Manufacturer
license issued by the State of New Jersey, 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 7-14-2021 by Ord.
No. 2021-006]
CANNABIS RETAILER
Any person or entity holding a Class 5 Cannabis license issued
by the State of New Jersey 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 7-14-2021 by Ord.
No. 2021-006]
CANNABIS WHOLESALER
Any person or entity holding a Class 3 Cannabis Wholesaler
license issued by the State of New Jersey 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 7-14-2021 by Ord.
No. 2021-006]
CELLAR
A story, partly underground, and having more than 1/2 of
its height, measured from floor to ceiling, below the average level
of the adjoining ground or a floor-to-ceiling height of less than
6 1/2 feet. A cellar should not be considered in determining
the permissible number of stories or square footage, nor shall it
be used for dwelling purposes.
CERTIFICATION
A written endorsement of a plan for soil erosion and sediment
control by the Township Engineer which indicates that the plan meets
the Standards for Soil Erosion and Sediment Control in New Jersey,
as promulgated by the State Soil Conservation Committee.
CHANNEL
The bed and banks of watercourses which confine and convey
the normal flow of the water, either continuously or intermittently.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, 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 transshipment points.
CLEAR-SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street right-of-way lines.
CLEAR ZONE
An area within an Airport Hazard Area extending 1,000 feet
from the end of the runway with a base width of 250 feet at the end
of the runway subzone and a final width of 450 feet as described in
the Air Safety and Hazardous Zoning Act of 1983 (P.L. 1983, c. 62),
as amended April 11, 1989.
[Added 6-13-1990 by Amendment 6]
CLUSTER or CLUSTERING
A site planning technique that concentrates buildings and
structures in specific areas on a lot, site, or parcel to allow the
remaining land to be used for agriculture, recreation, open space,
and/or preservation of features and/or structures with environmental,
historical, cultural, or other significance.
[Added 2-8-2006 by Amendment 28]
COMMERCIAL VEHICLE
Any vehicle registered with the State of New Jersey or any
other state as a commercial vehicle and displaying commercial plates.
CONCEPT PLAN
A general plan, sufficiently detailed for discussion purposes.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
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.
CONDOMINIUM
As defined within the State Condominium Act. Real estate, portions of which are designed for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the included interests in the common elements are vested in
the unit owners.
CONTIGUOUS
Immediately adjacent, abutting, bordering and/or sharing
a common property line.
CORNER LOT
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot fronting upon a curved
street or streets shall be considered a corner lot if the tangents
to the curve at points within the lot or at the points of intersection
of the side lot lines with the street line intersect at an angle of
less than 135°. Front yards are required on both streets; the
remaining yards are to be side yards.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of Hunterdon 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.
COUNTY PLANNING BOARD
The Hunterdon County Planning Board, as defined in Section
1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
CUL-DE-SAC
A street which intersects another street at one end and terminates
at the other end in a vehicular turnaround.
DEDICATION
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or a less than fee interest, including an easement.
DENSITY, GROSS
A measure of the number of permitted dwelling units per unit
per gross area of land to be developed. It shall be expressed in dwelling
units per acre. The measure is arrived at by dividing the number of
dwelling units by the base site area. This is the maximum density
permitted on the buildable portion of the site.
DENSITY RATIO, GROSS
A measure of the permitted dwelling units per gross acre
of land to be developed expressed in dwelling units per acre. The
maximum density permitted on a specific parcel shall be calculated
by multiplying the gross density ratio by the base site area.
[Added 6-9-2004 by Amendment 22]
DETENTION BASIN or POND
A natural or man-made area in which stormwater is temporarily
detained (for more than six hours following a ten-year storm) and
from which said water is slowly released at a rate compatible with
sound soil management practices as approved by the Township Engineer.
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, 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 the Act.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance or other municipal regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to this chapter.
DISTURBANCE
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
DIVERSION
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
DRIFTWAY
A roadway or passageway which is not a street as defined
herein, but which prior to adoption of this chapter has become an
established use for owners of abutting lands, having no frontage on
any existing state, County or municipal road for ingress or egress
over the property of others, between a public street and the abutting
properties. Private roads or lanes entirely situated on a single property
shall not be considered a driftway.
DRIVEWAY
A private strip of land, generally graded, intended for use
as a means of vehicular or pedestrian access to an individual lot.
DRIVEWAY, COMMON
A shared vehicular access to more than one property. All
proposed common driveways shall be located within an easement specifically
created to allow and assure continued access to the several properties
sharing the accessway.
[Added 6-10-1998 by Amendment 11]
DUMP
A lot or part thereof used for disposal by abandonment, dumping,
burial, burning or any other means and for whatever purpose of garbage,
offal, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof, or standardized products.
DWELLING
A building designed and occupied for residential purposes,
excluding hotels, rooming houses, tourist homes, institutional homes,
residential clubs, mobile home parks and the like.
C.
MULTIFAMILY DWELLINGSBuildings designed for, occupied or used for dwelling purposes by three or more families living independently of one another.
DWELLING UNIT
One or more rooms for living purposes, together with cooking
and sanitary facilities, which are used or intended to be used by
one or more persons living together and maintaining a common household.
Each shall be accessible from the outdoors either directly or through
an entrance hall shared with other dwelling units.
EASEMENT
A right-of-way or restriction granted for limited use of
private land within which the owner of the property may be restricted
from erecting permanent structures, but shall have the right to make
any other use of the land which is not inconsistent with the rights
of the grantee.
EAVES
The lowest horizontal line of a sloping roof.
ECHO (Elder Cottage Housing Opportunity) HOUSING
A small, removable residential unit designed to provide temporary
housing for immediate, elderly relatives in an accessory residential
structure on a lot containing a principal residential structure.
[Added 10-8-2003 by Amendment 20]
EMBANKMENT
A man-made deposit of soil, rock or other materials.
EMPLOYEE
A term referred to in the parking standards as a measure
of the number of parking spaces required. It shall refer to the maximum
number of employees on duty at any time, whether the employees are
full- or part-time. If shifts are involved in which two shifts overlap,
it refers to the total of both shifts.
ENFORCEMENT OFFICER
The Zoning Officer, Building Inspector or other individual
appointed by the municipality to enforce this chapter within the jurisdiction
of the municipality.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EXCAVATION or CUT
An act by which soil or soils are cut into, dug, quarried,
uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing ground surface prior
to cutting or filling.
EXPANSION
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
FACADE
The exterior wall, face or plane of a building. The area
of the facade is computed by multiplying the distance between the
corners of the facade by the distance from the average level of the
finished grade of the ground to the eaves or parapet of the facade.
FAMILY
One or more persons related by blood, foster relationship,
marriage or adoption and, in addition, any domestic servants or gratuitous
guests thereof, or a group of not more than five persons who need
not be so related and, in addition, domestic servants or gratuitous
guests thereof who are living together in a single dwelling unit and
maintaining a common household with single cooking facilities. A roomer,
boarder or lodger shall not be considered a member of the family.
[Amended 7-13-1988 by Amendment 1]
FARM
A lot of at least five acres used solely for agricultural
purposes, exclusive of the minimum lot area required for a building
intended for habitation.
FARMING
The same as agriculture. The existence of a vegetable garden
for home consumption or the presence of not to exceed five animals
as pets is not construed as farming.
FINAL PLAT
The final map of all or portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Hunterdon County Recording Office.
FINISHED GRADE
The final elevation of the ground surface conforming to the
proposed design.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source. A one-hundred-year flood is one
that, on the average, is likely to occur once every 100 years (i.e.,
that has a one-percent chance of occurring each year), although the
flood may occur more frequently. A fifty-year flood is one which,
on the average, is likely to occur once every 50 years (i.e., that
has a two-percent chance of occurring each year), although the flood
may occur more frequently. A ten-year flood is one which, on the average
occurs every 10 years (i.e., that has a ten-percent chance of occurring
each year), although the flood may occur more frequently. A five-hundred-year
flood is one which, on the average, is likely to occur once every
500 years (i.e., that has a two-tenths-percent chance of occurring
each year), although the flood may occur more frequently.
FLOOD-FRINGE
That portion of the flood hazard area outside the floodway. The boundaries of the flood-fringe are delineated on the Flood Insurance Study for the municipality and on the Flood Boundary and Floodway Maps (as further defined in Article
VI herein), such maps being a part of the Flood Insurance Study. The Flood Boundary and Floodway Maps are hereby incorporated into this chapter and shall be as much a part of this section as if all were fully described herein.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation,
and/or an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source. The boundaries of the floodplain
are delineated on the Flood Insurance Study and the Flood Boundary
and Floodway Maps.
FLOODPLAIN DISTRICTS, DESIGNATED
Those Floodplain Districts specifically designated in each
municipality as being inundated primarily by the one-hundred-year
flood. Such areas include the Floodway District, the Flood-Fringe
District and the Approximated Floodplain District.
FLOODPLAIN SOILS
Areas subject to periodic flooding and listed in the Soil
Survey of Hunterdon County, New Jersey, U.S. Department of Agriculture,
Soil Conservation Service, November 1974, as being on the floodplain
or subject to flooding. The following soil types are floodplain soils:
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the flood of the one-hundred-year magnitude without causing more than a 0.2 foot rise above the current natural conditions. The boundaries of the floodway are delineated on the Flood Insurance Study and the Flood Boundary and Floodways Maps referred to in Article
VI herein.
FLOODPROOFING
Structural or other changes or adjustments to properties
or obstructions for the reduction or elimination of flood damages
to such properties and obstructions or to the contents of the structure.
FLOOR AREA
The sum of the areas of the several floors of a building
measured from the outside face of the exterior walls or from center
lines of walls separating two buildings. In particular, floor area
includes but is not limited to the following:
A.
Basement space, if it meets the requirements
of a building story.
B.
Elevator shafts, stairwells and attic space
(whether or not a floor has been laid) providing structural headroom
of eight feet or more.
C.
Roofed terraces, exterior balconies, breezeways
or porches, provided that over 50% of the perimeter of these is enclosed.
D.
Any other floor space used for dwelling purposes,
no matter where located within the building.
E.
Accessory buildings, excluding space used for
off-street parking or loading berths.
F.
Any other floor space not specifically excluded,
excluding space used for air-conditioning machinery or cooling towers
and similar mechanical equipment serving the building and cellar space.
FLOOR AREA RATIO
The sum of the area of all floors of buildings and structures
compared to the base site area, as expressed as a ratio.
[Amended 6-9-2004 by Amendment 22]
FORESTRY
Forestry is the ongoing program of clearing or cutting timber
resources within the forested or wooded areas and coordinated with
a reforestation program. Forestry does not include authorized clearing
in accordance with plans approved pursuant to this chapter, the issuance
of a building permit nor the removal of sick or dead trees.
FREEBOARD
A margin of safety, expressed in feet above the one-hundred-year
flood elevation.
GOVERNING BODY
The Township Committee, the chief legislative body of the
municipality.
GRADING
Any stripping, cutting, filling, stockpiling or any combination
thereof and shall include the land in its cut or filled condition.
GRADE PERMIT
A permit issued to authorize work to be performed under this
chapter in a situation not requiring subdivision or site plan approval.
GRASSED WATERWAY
A natural or constructed path, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from a field diversion or other site feature.
GROUND FLOOR
The first floor of a building other than a cellar or basement.
HEIGHT OF BUILDING
The vertical distance measured from the average level of
the finished grade along all the exterior walls of a building to:
A.
The highest point of the roof, in the case of
a flat roof.
B.
One-half the distance between the top of the
uppermost plate and the highest point of the roof, in the case of
sloping roofs.
C.
The highest point of any accessory structure
or other irregularity which rises wholly or partly above the general
or average roofline and whose area equals or exceeds 10% of the ground
floor area of the building which supports it.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the state,
its communities or the nation, or so identified in the Alexandria
Township Master Plan, and has been so designated pursuant to the Act.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a cluster
or planned development under recorded land agreements through which:
A.
Each lot owner is automatically a member.
B.
Each occupied dwelling unit is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities and maintenance, including any maintenance
costs levied against the association by the Township.
C.
Each owner and tenant has the right to use the
common property.
IMPERVIOUS SURFACES
Those surfaces which do not absorb rain. All buildings, parking
areas, driveways, roads, sidewalks and any areas in concrete, asphalt
and packed stone shall be considered impervious surfaces within this
definition. In addition, other areas determined by the Municipal Engineer
to be impervious within the meaning of this definition will also be
classed as impervious surfaces.
IMPERVIOUS SURFACE 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 base site area.
[Amended 6-9-2004 by Amendment 22]
IMPROVEMENTS
Buildings for public or quasi-public use, grading, paving,
streetlights and signs, fire hydrants, water mains, sanitary sewers,
storm drains, sidewalks, crosswalks, bridges, culverts, monuments,
retaining walls and shade trees as proposed or required and intended
for dedication to the municipality.
INTERESTED PARTY
A.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
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
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter, or whose rights to use, acquire or
enjoy property under this chapter or any other law of this state or
of the United States have been denied, violated or infringed by an
action or a failure to act under the Act.
ISOLATED LOT
An undeveloped substandard lot in separate ownership from
surrounding property.
LAKES and PONDS
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the permanent pool elevation. Lakes are bodies of water two or more
acres in extent. Ponds are any body less than two acres in extent.
LAND
Includes improvements and fixtures on, above or below the
surface.
LOADING BERTH
An area abutting the building especially designated for the
loading and unloading of vehicles and which has convenient access
to a storage location for the goods, loaded or unloaded, such access
being furnished by an elevated floor, a recessed vehicle parking area,
a ramp or other facility of like purpose.
LOOP STREET
A street which has two points of intersection with the same
road. In its simplest form, a loop street enters a tract, follows
a course through it and returns to the same road at some distance
from the other intersection.
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 AREAThe area contained within the property lines of a lot, as shown on the development plan, excluding space within an existing or future street right-of-way and within all permanent drainage easements, but including the areas of all other easements assigned an individual owner or to a given collective use by means of a subdivision of land. Open space required under this chapter shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit.
C.
LOT DEPTHThe mean distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.
D.
LOT WIDTHThe distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.
F.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot, the yard setbacks will be determined by averaging the rear and side yard setback requirements for the district wherein the lot is located.
LOT CIRCLE
The diameter of the circle which can be inscribed within
the lot lines.
[Added 12-12-2012 by Ord. No. 2012-11-26]
LOT SIZE AVERAGING
A form of subdivision development that permits a reduction
in individual lot areas and bulk requirements, provided that the number
of lots remains the same as permitted without lot averaging.
[Added 12-12-2012 by Ord. No. 2012-11-26]
LOWEST FLOOR
Lowest floor of the enclosed area, including basement.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvement required by the Municipal
Land Use Law, Chapter 291 Laws of New Jersey, 1975.
MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A system of solar or photovoltaic modules, panels or array
and associated equipment for the production of energy that is not
a minor solar or photovoltaic energy facility or structure. Commonly
referred to as a "direct grid-connected system."
[Added 12-12-2012 by Ord. No. 2012-10-24]
MANUFACTURED HOME
A.
A unit of housing which:
(1)
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site.
(2)
Is built on a permanent chassis.
(3)
Is designed to be used, when connected to utilities,
as a dwelling on a permanent foundation.
(4)
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, Pub. L. 93-383 (42 U.S.C. § 5401 et seq.) and the
standards promulgated for a manufactured mobile home by the commissioner
pursuant to the State Uniform Construction Code Act. P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.).
B.
For the purpose of this chapter, it shall be
treated the same as a single-family detached dwelling and shall be
constructed on a full permanent foundation.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 (N.J.S.A. 40:55D-28) of the Act.
MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A system of solar or photovoltaic modules, panels or arrays
for the production of electrical energy that:
[Added 12-12-2012 by Ord. No. 2012-10-24]
A.
Generates electrical power by converting solar radiation into
electricity;
B.
Is located on the power beneficiary's premises;
C.
Is designed and intended primarily to offset part or all of
the beneficiary's requirements for energy consumption on site;
D.
Is secondary to the beneficiary's use of the premises for other
lawful purpose(s);
E.
Is intended to mitigate electrical system improvement requirements;
and
F.
Qualifies as a "net-metering" system as determined by the electric
distribution retailer serving the area in which the property upon
which the system is located.
MINOR SUBDIVISION
A subdivision of land for the creation of not more than one
lot with lands remaining within any eighteen-month period from date
of any previous subdivision approval, provided that 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 no more than three new lots per
property shall be allowed as minor subdivisions from the date of this
chapter adoption. All three new lots shall have a slope of 15% or
less. Any subsequent subdivision beyond the three lots permitted shall
constitute a major subdivision.
[Amended 7-13-1988 by Amendment 1]
MINOR SUBDIVISION RURAL ESTATE RESIDENCE (B-16)
A B-16 subdivision for the creation of not more than 10 B-16
lots, including lands remaining, provided that there are no new public
roads or the extension of any off-tract improvement.
[Added 10-12-1994 by Amendment 8]
MULCHING
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
MUNICIPAL AGENCY
A municipal planning board, or board of adjustment or a governing
body of a municipality when acting pursuant to the Act and any agency
which is created by or responsible to one or more municipalities when
such agency is acting pursuant to the Act.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the 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 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.
NONCONFORMING USE
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.
OBSTRUCTION
Any structure or assembly of materials, including fill above
and below the surface of land or water, and any activity which might
impede, retard or change flood flows. The planting, cultivation and
harvesting of field and orchard crops or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
shall not be considered any obstruction under this definition and
shall not be subject to regulation under these regulations.
OCCUPANT or OCCUPANCY
The legal occupant of a building or premises licensed to
engage in a business, residence or profession, or exempt from license
due to governmental, educational, religious or other privileged status.
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 the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance of the Township of Alexandria
pursuant to Article 5 (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 part) which is the subject
of a development application or 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 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 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 off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land.
A.
OPEN SPACE, COMMONAn open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of the residents and owners of the development. "Common open space" means the portion of the site set aside in perpetuity as open space. 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 not including streets, off-street parking areas and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive open space).
[Amended 2-8-2006 by Amendment 28]
B.
OPEN SPACE, DEVELOPED (ACTIVE)Land without resource restrictions which is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts and areas for water management (storm, waste, potable supply).
C.
OPEN SPACE, UNDEVELOPED (PASSIVE)Land used for passive recreation, agriculture, resource protection, freshwater wetlands, floodplains or flood hazard areas, stream corridors, prime agricultural lands, habitats of endangered wildlife as identified on applicable federal or state lists, historical or cultural features, archaeological sites, amenity or buffers, or other elements to be protected from development by the provisions of this chapter to ensure that it remains as open space.
[Amended 2-8-2006 by Amendment 28]
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
PARAPET
The top of a building wall or facade which is raised above
the roof.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.
PERFORMANCE SUBDIVISION
A subdivision in which mixed residential types are encouraged
in order to promote sound land planning and to provide a variety of
housing choices and to encourage clustering to provide open space.
PLANNING BOARD
The Alexandria Township Land Use Board, established pursuant
to N.J.S.A. 40:55D-25(c)(1).
[Amended 6-14-2017 by Ord. No. 2017-01]
PLAT
A map or maps of a subdivision or site plan.
POLLUTION
The contamination of any waters such as will create a nuisance
or to render such waters harmful, detrimental or injurious to public
health, safety or welfare; or to domestic, municipal, commercial,
industrial, agricultural, recreational or other legitimate beneficial
uses; or to livestock, wild animals, birds, fish or other aquatic
life, including but not limited to such contamination by alteration
of the physical, chemical or biological properties of such waters,
or change in temperature, taste, color or odor thereof, or the discharge
of any liquid, gaseous, radioactive, solid or other substances into
such waters.
PRELIMINARY PLAT
The preliminary plat indicating the proposed layout of the
subdivision which is submitted to the Secretary of the Planning Board
for Planning Board consideration and tentative approval, and meeting
the requirements of this chapter.
PREMISES
Any tax parcel within a municipality.
PRINCIPAL USE
The main purpose for which a lot or building, or portion
of a lot or building, is used.
PUBLIC AREA
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
[Amended 7-13-1988 by Amendment 1]
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 UTILITY OPERATING FACILITY
Any building or structure or extension thereof used, or to
be used, by a public utility corporation or authority for public utility
purposes.
QUORUM
The majority of the full authorized membership of a municipal
agency.
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
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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 so
as to combine existing lots by deed or other instrument.
REVERSED FRONTAGE LOT
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the minor street.
RIGHT-OF-WAY
A.
RIGHT-OF-WAYLand set aside for use as a street, alley or other means of travel.
B.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the State of New Jersey or other appropriate governing authority and currently in existence.
C.
ULTIMATE RIGHT-OF-WAYThe right-of-way deemed necessary by the Comprehensive Master Plan for Alexandria Township or approved plans of Hunterdon County or the State Department of Transportation.
ROAD CLASSIFICATION
The classification of roads as described in the Comprehensive
Master Plan for Alexandria Township or approved plans of Hunterdon
County or the State Department of Transportation.
ROOFLINE
The highest continuous horizontal line of a roof. On a sloping
roof, the roofline is the principal ridge line or the highest line
common to one or more principal slopes of roof. On a flat roof, the
roofline is the highest continuous line of the roof.
SEDIMENTATION
The deposition of solid material, both mineral and organic,
that was in suspension and 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 across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
SEDIMENT POOL
A reservoir space allotted to the accumulation of submerged
sediment during the life of a structure.
SEWER FACILITY
Any municipally or privately owned sewer system in which
sewage is collected from several buildings on a single property or
from several lots and treated at a common plant. The design, operation
and location of the sewer plant shall be in accordance with the wastewater
policies of Alexandria Township, participating municipalities and
the State Department of Environmental Protection. For the purposes
of this chapter, community sewage systems shall be defined in accordance
with the administrative regulations of the Department of Environmental
Protection.
SIGN
A.
SIGNAny letter, number, symbol, figure, character, mark, plane, design, picture, stroke, strike, trademark or combination of these which is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, which is used to the attraction of the public to any place, subject, person, firm, corporation, public performance, article or merchandise, and which is displayed in any manner whatsoever so that it can be seen from the right-of-way of a public street or highway, including permanent window signs placed inside windows to attract attention of those outside in the public right-of-way.
B.
SIGN, OFFICIAL TRAFFIC AND HIGHWAYOfficial highway route number signs, street name signs, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.
C.
SIGN, OUTDOOR ADVERTISINGA type of freestanding sign which directs attention to a business, industry, profession, commodity, service or entertainment, not necessarily sold or offered on the premises where the sign is located.
D.
SIGN, PORTABLEAny sign used for a short duration of time, including sandwich boards, posters, bunting and signs on wheels.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot, tract or parcel of land by one or
more persons, partnerships, corporations or other legal entities which
is separate and distinct from the ownership of any abutting or adjoining
lot, tract or parcel. Separate and distinct means that the lot, tract
or parcel owned does not abut or adjoin any other lot, tract or parcel
of land under the ownership or control of the same one or more persons,
partnerships, corporations or other legal entities.
SITE AREA
A.
SITE AREA, BASEThe remainder of the gross site area after subtracting the area of all lands within existing roads or their ultimate rights-of-way and the area of all land subject to restrictive covenants, easements and/or rights-of-way that preclude development, such as land within conservation easements; land within above-, or below-ground utility easements or rights-of-way; freshwater wetlands and wetlands transition area as determined by NJDEP; stream encroachment areas as determined by NJDEP; flood hazard areas; and lakes, ponds, and watercourses.
[Amended 6-9-2004 by Amendment 22]
B.
SITE AREA, GROSSAll land area within the site as defined in the deed. Area shall be determined from an actual site survey rather than from a deed description.
C.
SITE AREA, NET BUILDABLEThat part of the base area remaining for development after the amount of open space necessary for resource protection and recreation has been calculated.
SITE PLAN
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 other signs,
lighting and screening devices; and any other information that may
be reasonably required in order to make an informed determination
concerning the adequacy of the plan in accordance with the requirements
of this chapter.
A.
MINOR SITE PLANA development plan of one or more lots which proposes new development within the scope of development specifically permitted by ordinance as a minor site plan, does not involve planned development, any new street or extension of any off-tract improvement, is less than 2,000 square feet in size and requires fewer than five parking spaces and contains the information reasonably required in order to make an informed decision pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board or Zoning Board of Adjustment.
SKETCH PLAT
The sketch map of a subdivision used for the purpose of classification
and meeting the requirements of this chapter.
SLOPE
Degree of deviation of a surface from the horizontal, usually
expressed in percent.
SOIL
All unconsolidated mineral and organic matter of whatever
origin that underlies bedrock and which can be readily excavated.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule for the timing of their installation, which will
effectively soil erosion and sedimentation. Such measures shall be
in accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey as promulgated by the State Soil Conservation Committee.
START OF CONSTRUCTION
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction or improvement was within 180 days of the permit
date. The actual start means the first placement of permanent construction
of a structure (other than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage of excavation.
STORY
That part of a building located between the surface of any
floor and the floor or roof next above. The first story of a building
is the lowest story having 50% or more of its area above grade level
or having the floor at the level of the exterior grade on one or more
sides. A half-story is a story 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. Also see "basement" herein.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, County or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to the
law, or which is approved by official action as provided by this Act,
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 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, curbs, sidewalks, parking
areas and other areas within the street lines. The specific classification
for each street is shown on the Functional Classification Maps in
the Master Plan and is hereby made a part of this chapter.
A.
THOROUGHFARES:
(2)
MAJOR COLLECTORA route which should link places of traffic generation with nearby larger towns or with more important intracounty corridors.
(3)
MINOR COLLECTORA route which is provided at intervals, consistent with population density, to collect traffic from local streets.
B.
LOCAL STREETS:
(1)
RURAL LOCAL ROAD or FEEDER STREETDesigned to function as an intersector and intraTownship facility, serving as a feeder route to the arterial system and also serving interTownship travel.
(2)
RESIDENTIAL COLLECTORA street which carries residential neighborhood traffic, but which provides no or limited residential frontage.
(3)
RESIDENTIAL SUBCOLLECTORA street providing access to abutting properties and may also conduct traffic from residential streets that intersect it.
(4)
RESIDENTIAL ACCESSDesigned to serve the properties fronting thereon, generally to discourage through traffic.
(5)
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(6)
DRIVEWAYGenerally a private way for vehicular and pedestrian access between a public street and a parking area within a lot or property.
(7)
CUL-DE-SACA local street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
(8)
HALF OR PARTIAL STREETA street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for movement and use of the street.
(10)
PRIVATE ROADSA street owned and maintained by one or more individual landowners not accepted by the Township into the municipal road system.
[Amended 6-10-1998 by Amendment 11]
STREET LINE
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
an ultimate right-of-way width for a road or street has been established
in the adopted Master Plan or Official Map, that width shall determine
the location of the street line.
STRIPPING
Any activity which removes or disturbs the vegetative surface
cover, 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. Among other things, structures include buildings,
swimming pools, mobile homes, billboards and poster panels, but shall
exclude fences, posts, wires and their supporting poles or frames
of electric or telephone utilities or other service facilities and
school bus waiting shelters whose location and design have been approved
before erection by the Board of Education of the Township of Alexandria.
STORMWATER DETENTION
Any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to affect a subdivision of land hereunder for himself
or herself or for another with the written consent of the owner according
to the provisions of this chapter.
SUBDIVISION
A 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 Chairperson to be for agricultural purposes where
all resulting parcels are five acres or larger in size; divisions
of property by testamentary or interstate provisions; divisions of
property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument, 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.
SUBSTANTIAL IMPROVEMENTS
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 the 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 to a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
SWIMMING POOL
A.
SWIMMING POOL, PERMANENTA pool which by the nature of its construction attaches to and becomes part of the realty upon which it is constructed, regardless of whether it is below ground, partially above the ground surface or completely above the ground surface. All artificial bodies of water will fall within this classification if their construction normally requires excavation, except for exemptions for ornamental pools as noted in Article
V.
B.
SWIMMING POOL, SEMIPERMANENTA pool which by the nature of its construction is erected above ground level and is reasonably capable of being dismantled on a seasonal basis. A pool capable of being filled to a depth of more than 36 inches at the deepest or lowest point is within the classification of permanent swimming pool.
C.
SWIMMING POOL, PRIVATE, RESIDENTIALArtificially constructed pools, whether located above or below the ground, having depth of more than two feet and/or a water surface of 40 square feet, designed and maintained for swimming and bathing purposes by an individual for use and shall include all accessory buildings, structures and equipment.
USE
The specific purpose for which land or a building or a structure
thereon is designed, arranged or intended, or for which it may be
occupied or maintained.
A.
USE, ACCESSORYA use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with the principal use.
B.
USE, PRINCIPALA main use; a use which is not incidental or subordinate to another use on the same lot.
UTILITIES
Those services customarily rendered by public utility corporations,
municipalities or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles and the like).
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d.
(N.J.S.A. 40:55D-40b., N.J.S.A. 40:55D-70c. and N.J.S.A. 40:55D-70d.)
of the Act.
VEGETATIVE PROTECTION
Stabilizations of erosive or sediment-producing areas, by
covering the soil with permanent seeding, producing long-term vegetative
cover; short term seeding producing temporary vegetative cover; or
sodding, producing areas covered with turf of perennial sod-forming
grass.
WATERCOURSE
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, culvert, drain, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow of floodwater.
WETLANDS
Areas known as marshes, swamps or wetlands, including all
areas with a slope of less than 0.5% or less and greater than 0.25%
of an acre where standing water is retained for a portion of the year
and unique vegetation has adapted to the area.
WOODLANDS
Areas, groves or stands of mature or largely mature trees
(i.e., greater than six inches caliper as measured at a point four
feet above grade) covering an area greater than 1/4 acre; or groves
of mature trees (greater than 12 inches caliper as measured at a point
four feet above grade) consisting of more than 10 individuals. Woodlands
consist of three different associations which can be determined by
field survey in combination with air photo interpretation.
A.
FLOODPLAIN ASSOCIATIONThis type of woodland association occurs primarily on floodplain soils. Mature trees within this association consist of:
(1)
Silver maple/black walnut/sycamore.
(3)
Red maple/white oak/pin oak.
(5)
Silver maple/sycamore/elm.
B.
MEISIC ASSOCIATIONThis type of woodland association occurs on poorly drained soils. Over time these woodlands will consist mostly of beech trees. Mature trees within this association consists of:
(2)
Red maple/ash/tulip poplar.
(4)
Oak/red maple/ash/tulip poplar.
C.
UPLAND ASSOCIATIONThis type of woodland association occurs on slightly drier and more well drained soils. Over time these woodlands will consist mostly of mixed oaks. Mature trees within this association consists of: black locust or oak/hickory.
WOODED LOT
A wooded lot is any area with more than 10 trees greater
than six inches in caliper, measured at a point four feet above grade
on any half acre of a subdivided lot for single-family detached dwelling.
YARD
An open space unobstructed from the ground up, on the same
lot with a structure, and extending along the lot line or street line
inward to the structure. The size of a required yard structure and
a lot line or street line.
A.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a lot that fronts on more than one street, the yards extending along all streets are front yards.
B.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
C.
YARD, SIDEA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
ZONING PERMIT
A document signed by the administrative officer which 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 which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to Sections 47 and 57 (N.J.S.A. 40:55D-60
and N.J.S.A. 40:55D-70) of the Act.