For purposes of this chapter, phrases and words are defined as follows:
ACCESSORY BUILDING, STRUCTURE OR USE(1) Is subordinate to and serves a principal building or a principal use.
Is subordinate in area, extent and purpose to the principal building or a principal use.
Is ordinarily and customarily associated with the principal use and contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal building or principal use served.
Is located on the same lot as the building or principal use served, except as otherwise expressly authorized by the provisions of this ordinance.
ADDITIONImprovements which increase the square footage of the structure.
[Added 12-4-2007 by Ord. No. 07-20]
For the purpose of the determination of completeness of development applications, the Planning Board or Zoning Board of Adjustment Engineer; for the purpose of certification of conformity of a lot to development regulations, the Zoning Officer; for the purpose of maintaining maps and documents for public inspection, the Zoning Officer, Township Clerk, or Planning Board Engineer; for purposes of obtaining certified property lists, the Chief Financial Officer; for all other purposes, the Township Clerk.
ADOPTED SEWER SERVICE AREAThe area designated in the applicable adopted water quality management plan, as updated by modifications adopted in accordance with the Water Quality Management Plan rules at N.J.A.C. 7:15, within which wastewater that is generated is to be conveyed to the wastewater treatment facility associated with the sewer service area.
[Added 9-15-2015 by Ord. No. 15-10]
Average daily traffic.
ADULT BOOK AND/OR GIFT STOREAn establishment having a substantial or significant portion of its trade and stock in gifts, devices, photographs, pictures, films, books, magazines and other periodicals, which are distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas, and an establishment with a segment or section devoted to the sale, display or distribution of such material.
ADULT MOTION-PICTURE THEATERA building or area used predominantly for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas presented for observation by patrons thereof.
ADVERSE EFFECTDevelopment designs or existing features on a developer's property, or nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities, such as water, drainage, shade trees, and sewerage; unsuitable size, shape and location of any area reserved or dedicated for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this ordinance.
AGRICULTURAL SUBDIVISIONA form of exempt subdivision (determined by the Planning Board) that is five acres or larger, will not contain a dwelling unit on the designated agricultural tract, and will be deed-restricted to agriculture.
AGRICULTURAL USE/PURPOSE(1) Land devoted, but not limited to forages; sod crops; grain and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including the breeding and raising of such animals; bees and apiary products; trees and forest products; or land devoted to and meeting the requirements for compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. For purposes of this ordinance, agricultural use does not include a dwelling. (See definition of "farm.") Agricultural use shall include the following activity's subject to the standards and regulations for intensive fowl or livestock use and applicable health and sanitary codes, but not by way of limitation:
(a) Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors and other equipment.
Use of necessary farm laborers.
The application of chemical fertilizers, insecticides and herbicides in accordance with manufacturers' instructions and the application of manure.
The grazing of animals and use of range for fowl subject to the standards and regulations for intensive fowl and livestock use.
Construction of fences for these animals and livestock.
The traveling and transportation of large slow-moving equipment over roads within the Township.
The control of vermin and pests, provided that such control is practiced under applicable state fish and game laws.
The use of land for recreational use, e.g. snowmobiling, trail riding, hunting, etc., shall be done only with the permission of the farm owner. Any recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual site plan review, variance application and all permits where otherwise required.
The purpose of these rights is to produce agricultural products, e.g., vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers, seeds.
The foregoing uses, activities and rights when reasonable and necessary for farming, livestock, or fowl production and when conducted in accordance with generally accepted agricultural practices may occur on holidays, Sundays, and weekends by day or night and includes the attendant and incidental noise, odors, dust, and fumes associated with these practices.
It is hereby determined whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits from farming to the neighborhood community and society in general by preservation of open space, the beauty of the countryside, and clean air. The preservation and continuance of farming operations in Pohatcong Township and New Jersey is a source of agricultural products for this and future generations and saves a nonreplenishable source, e.g., the land.
ANIMAL KENNELAny building, structure or premises in which one or more animals are kept, boarded, bred or trained for commercial gains. Medical and surgical services, if any, shall be limited to incidental services provided solely for animals being boarded, bred or trained on the premises.
ANIMAL PENA structure and/or fenced area designed to contain or provide shelter for domestic pets which are the property of the resident.
ANIMAL SHELTERA place where one or more animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to the medical or surgical use.
ANIMAL UNITOne thousand pounds of nonhousehold animals including livestock such as horses, cattle, llamas, alpacas, sheep, goats, ostrich, emu etc., but excluding pigs and fowl. Information from the various breeders' associations on the mature weight and the time required for each animal to reach adult weight shall be used to determine numbers of animal units.
[Added 10-2-2001 by Ord. No. 01-9]
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), television signals.
[Added 4-11-2000 by Ord. No. 99-10]
Any retail shop which deals in goods and objects (such as furniture, textiles, silverware, glass, jewelry and baskets) made in a former period and considered to be of value due to their quality, style, appearance or age. At least 90% of the goods and objects offered for sale must be 50 years or older.
APARTMENT BUILDINGA building containing a minimum of three dwelling units and not exceeding three stories and 35 feet in height. Each apartment unit must consist of a room or a series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for a single housekeeping unit. The dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
APPEALA request for a review of the Planning Board's or the Board of Adjustment's interpretation of any provision of this ordinance or a request for a variance.
APPLICATIONSubmission of an application form provided by the Township and completed by the applicant together with all accompanying documents required by this ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the approving authority may require such additional information not specified in the ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for the development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the approving authority, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.
APPROVING AUTHORITYThe Planning Board unless a different agency is designated in this ordinance pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
ASSISTED LIVING RESIDENCESResidences for the elderly that provide rooms, meals, personal care and supervision of self-administered medication. The facility may also include such services as recreation, financial services and transportation for facility residents. For the purpose of determining density, the dwelling unit for assisted living residences shall be the bedroom.
[Added 2-16-2010 by Ord. No. 10-1]
A form of housing where at least two, but not more than four, dwelling units are designated within one structure. The dwelling units would share common walls.
AUTO BODY SHOPAny building, premises and land in which, or upon which, a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
AUTOMATIC CAR WASHA structure containing facilities for washing automobiles using a chain conveyer or other method of moving the cars along, and automatic or semiautomatic equipment for cleaning and drying.
AUTOMOBILE SERVICE STATIONLand and building providing for the sale of fuel, lubricants and automotive accessories and for maintenance and minor repairs for motor vehicles, excluding body repairs or the storage of inoperable or wrecked vehicles.
AUTOMOBILE WASHAny building or premises or portions thereof used for washing automobiles.
BARNAny building accessory to an agricultural use and used for the housing, storage or preparation for marketing of plants or animals, provided that a barn is permitted only where the use of the plants or animals to be housed, stored or prepared for marketing is an otherwise permitted use under this ordinance.
BASEMENTAn area of the building having its floor subgrade (below ground level) on all sides.
BED-AND-BREAKFAST INNA single-family dwelling licensed by the State of New Jersey as a bed-and-breakfast inn and occupied by a resident owner and family in which home-style overnight accommodations and a morning meal are provided to transients for compensation on a daily basis.
[Amended 3-15-2005 by Ord. No. 05-3]
The arrangement of a sedimentary rock in layers of varying thickness and character.
BEDROCKA general term for the rock that underlies soil or other unconsolidated material.
BERMA mound of soil, either natural or man-made.
BILLBOARDA freestanding sign structure and/or sign utilized for advertising a business, establishment, activity, product, service, entertainment, or message, which is operated, located, performed, produced, manufactured, or available at a place or location other than on the property on which the sign structure and/or sign is located.
[Amended 5-4-2010 by Ord. No. 10-5]
The Zoning Board of Adjustment of Pohatcong Township, Warren County, New Jersey.
BREAKAWAY WALLA wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING COVERAGEThe portion of a lot which is covered by principal and accessory buildings.
BUILDING PERMITA certificate issued by the Construction Code Official authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans.
BUFFERA transitional portion of a lot devoted to lessening adverse impacts such as visual and noise conditions from one area to another usually by providing unusual land, woods, landscaped areas, fencing or similar screening technique(s).
CABARETAn establishment or use which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
CAPITAL IMPROVEMENTS PROGRAMA proposed schedule of all future capital improvements listed in order of construction priority including cost estimates and the anticipated means of financing each project.
CARBONATE ROCKRock consisting chiefly of calcium and magnesium carbonates.
CARTWAYThe hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CAVEA natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.
CERTIFICATE OF OCCUPANCYA certificate issued by the Construction Code Official upon completion of construction, alteration or change in occupancy or use of a building certifying that all requirements of the Construction Code and all requirements of the land development regulations, except as modified by the approving authority, have been satisfied and that the approval of the building is in conformance with the permitted uses in the zone in which it is located.
CLOSED DEPRESSIONA shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.
CLUBA private organization established principally for the enjoyment of outdoor recreation, such as golf, tennis, swimming, riding, hiking and fishing. Accessory facilities may be included if clearly subordinate to the outdoor use, such as covered tennis courts fewer in number than open courts, year-round pools, lockers and incidental eating and social facilities.
CLUSTER RESIDENTIAL DEVELOPMENTA planned development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is then clustered onto one or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.
COMMERCIAL VEHICLESCommercially licensed vehicles of any kind, except passenger cars and station wagons which do not have commercial advertising, lettering, signs or names and addresses on the exposed portions thereof.
COMMON PROPERTYLand or water, or a combination, together with improvements, within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY SEPTIC SYSTEMA subsurface disposal system which serves five or more realty improvements or one or more realty improvements where the design flow is greater than 2,000 gallons per day (gpd) as regulated by the New Jersey Department of Environmental Protection.
COMMUNITY SHOPPING CENTERA center which provides principal anchor tenants, discount or off-price department store, large specialty stores, such as but not limited to home improvement centers, garden center or supermarkets. No single tenant shall exceed 80,000 square feet.
COMPLETE APPLICATIONSubmission of an application form provided by the Township and completed by the applicant, together with all accompanying documents required by this ordinance for approval of the application for development, the payment of required fees, and including requests for waivers from one or more of the application requirements. An application shall be certified as complete within 45 days upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the approving authority, and shall be deemed complete as of the day it is so certified by the administrative officer for the purposes of the commencement of the time period for action by the approving authority.
CONSERVATION (GREENWAY) EASEMENTAn easement generally prohibiting the construction of buildings and intended for protection of environmentally sensitive areas, including mature tree stands, floodplains, important views and critical areas as defined by this ordinance.
CONTIGUOUS LANDLand which is connected or adjacent to other land so as to permit the land to be developed and used as a functional unit, provided that separation by lot lines, streams, dedicated municipal roads, rights-of-way, and easements shall not affect the contiguity of land unless such condition(s) prevents the land from being developed and used as a functional unit.
CONVENIENCE STOREA retail store or shop located on a highway or oriented to highway traffic, which sells items such as dairy products, auto products, beverages, small quantities of vegetables and fruit, magazines, newspapers and other printed periodicals, baked goods, etc. The store is not intended to serve a specific neighborhood.
CRAWL SPACEAn enclosed area beneath the building’s lowest finished floor, in which the vertical distance between the floor of the enclosed area and the building’s lowest finished floor is no more than six feet.
[Added 12-4-2007 by Ord. No. 07-20]
Water bodies (including streams, ponds and lakes), floodplains, wetlands and slopes over 25%.
[Amended 12-4-2007 by Ord. No. 07-20]
A dead-end street, with a turnaround area at the end.
DECKA structure, usually wooden, raised above ground level. It may be attached to a residence or freestanding.
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DETENTION BASINA man-made or natural water collection facility, designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
DEVELOPMENT[Amended 3-21-2006 by Ord. No. 06-6; 12-4-2007 by Ord. No. 07-20]
(1) For the purposes of flood damage prevention, "development" means construction of a new structure, including a building addition, substantial improvements and also means man-made change to the property, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the floodplain.
In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board and the State Agricultural Development Committee, and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
For all other purposes, "development" means 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 filling, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DISSOLUTIONA space or cavity in or between rocks, formed by the solution of part of the rock material.
DOLOMITEA carbonate rock that contains more than 15% magnesium carbonate.
DRAINAGEThe process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.
DWELLING, DUPLEX or TWO-FAMILY DWELLINGA building containing two dwelling units only, each having entrances on the first floor, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to outside or to a common basement.
DWELLING, QUADPLEXFour attached units with a common interior wall, with separate ground floor access for each unit. Units are joined side to side, but are not located one above another.
DWELLING, SEMIDETACHEDA one-family dwelling attached to not more than four other dwelling units where the common wall is the garage only, or a similar nonliving space.
DWELLING, TRIPLEXAn attached unit with all of the front facades on the same side, attached by common walls in groups of three.
DWELLING UNITA room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.
DWELLING UNIT, MULTIFAMILYA dwelling unit in a building having two or more dwelling units where entranceways, hallways, basements, attics, storage areas, heating systems, yards and similar services in the building may be shared in common, singly or in combination.
[Added 2-16-2010 by Ord. No. 10-1]
The right afforded the public or another person to make limited use of another person's real property such as a conservation, preservation, drainage, access or utility easement.
ELEVATED BUILDINGA nonbasement building i) built, in the case of a building in a floodplain, to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the regulatory flood. In a floodplain, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
[Amended 12-4-2007 by Ord. No. 07-20]
A written and graphic submittal meeting the requirements of Chapter
140, Environmental Impact Statement, of the Code of the Township of Pohatcong.
The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADEThe vertical location of the existing ground surface prior to cutting or filling.
FAAThe Federal Aviation Administration.
[Added 4-11-2000 by Ord. No. 99-10]
One or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit.
FAMILY CHILD-CARE CENTERA child-care facility provided by a homeowner for six to 15 children, exclusive of family members, within the homeowner's residence and licensed by the State Department of Human Services, Division of Youth and Family Services.
FARMAny parcel of land which is used for gain in the raising of agricultural products, including crops, livestock, rabbits, poultry or dairy products. It can include a farm dwelling, other farm buildings required for the housing of animals or equipment, outside equipment storage areas, and other structures such as silos, cribs etc., generally necessary for the operation of a farm. It excludes the raising of fur-bearing animals, riding academies and dog kennels.
[Amended 10-2-2001 by Ord. No. 01-9]
Any building used for the housing of agricultural machinery, agricultural products, feedstuffs and more than two animal units, provided that such building is located on, operated in conjunction with, and necessary to the operation of a farm as defined by this section.
[Added 10-2-2001 by Ord. No. 01-9]
Any building used for the housing of agricultural machinery, agricultural products, feedstuffs and up to two animal units, provided that such building is located on, operated in conjunction with, and necessary to the operation of a farm as defined by this section.
[Added 10-2-2001 by Ord. No. 01-9]
A structure, either permanent or portable (e.g. wagon), located on a farm and in conjunction with a farm use for the purpose of selling farm produce, all of which is grown on the property owned or under the control of the owner of the farm on which the stand is located, open only nine months per year.
FAULTA surface or zone of rock fracture along which there has been noticeable differential movement.
FCCThe Federal Communications Commission.
[Added 4-11-2000 by Ord. No. 99-10]
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FILLTo deposit or place material on the surface of the ground and/or under water. "Fill" also means material being deposited or placed. "Fill" includes, but is not limited to, concrete, earth, pavement, rock, sand, soil, structures or any stored material such as building material, construction equipment, landscaping material, piles of soil, stone or wood, trash, vegetation in planters and/or root balls, and vehicles. "Fill" does not include vegetation rooted in the ground, whether naturally occurring or planted.
[Added 12-4-2007 by Ord. No. 07-20]
The final grade or elevation of the ground surface conforming to the proposed design.
FISSUREAn extensive crack, break, for fracture in the rock.
FLAG LOTA lot whose area, exclusive of its access drive, meets the zoning requirements. The lot's configuration is one of reduced frontage on an approved street with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive.
FLOOD-DAMAGE-RESISTANT MATERIALSAny construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.
[Added 12-4-2007 by Ord. No. 07-20]
The flood used in state-adopted flood studies. It is the flood resulting from the one-hundred-year flood discharge increased by 25%.
[Added 12-4-2007 by Ord. No. 07-20]
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Insurance Administration has delineated both the one-hundred-year floodplain and the risk premium zones applicable to the community.
[Amended 12-4-2007 by Ord. No. 07-20]
The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the one-hundred-year flood.
[Amended 12-4-2007 by Ord. No. 07-20]
The area inundated by the regulatory flood, including the watercourse that creates it.
[Amended 12-4-2007 by Ord. No. 07-20]
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
[Amended 12-4-2007 by Ord. No. 07-20]
The zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFINGAny combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
[Amended 12-4-2007 by Ord. No. 07-20]
The channel and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the regulatory flood. For purposes of this ordinance, the term “floodway” shall refer to both the delineated floodway on state-adopted studies and the area between the encroachment lines located on both sides of a nondelineated watercourse.
[Amended 12-4-2007 by Ord. No. 07-20]
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FOOTCANDLEThe illuminance on a surface of one foot in area in which there is uniformly distributed a light flux of one lumen.
FOWLChicken, geese, ducks, guineas, pheasants, peacocks, excluding large birds such as ostrich and emu.
[Added 10-2-2001 by Ord. No. 01-9]
A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.
FREESTANDING SOLAR ARRAYA solar energy system, as defined herein, that is elevated off the ground to allow clearance of at least 16 feet with parking or other impervious surfaces beneath.
[Added 5-3-2011 by Ord. No. 11-06]
A raised concrete island in a service station which contains one or more fueling positions to service one or more vehicles.
FUELING POSITIONA location for dispensing of motor fuel, whether gasoline or diesel. Each fueling position can only dispense fuel to one vehicle at a time; however, there may be more than one fueling position operated from one fueling island.
FUELING STATIONThe building, premises, and land in which, or upon which, automobile and truck fuels are dispensed, stored and sold.
GARAGEA building, structure or any portion thereof used for housing or repairing motor vehicles, with at least one wall at grade.
[Amended 12-4-2007 by Ord. No. 07-20]
A program which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
GLAREThe sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
GRADINGThe movement of soil or other material on the surface of the ground by humans resulting in a change of topography.
[Added 12-4-2007 by Ord. No. 07-20]
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GROSS FLOOR AREAThe total floor area in a structure measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of interior walls and the outside of exterior walls. In residential uses the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment but shall include all other areas including cellars, warehousing and storage areas, regardless of ceiling height.
GROUND-MOUNTED SOLAR ARRAYA solar energy system, as defined herein, that is mounted on armatures anchored to the ground with groundcover beneath.
[Added 5-3-2011 by Ord. No. 11-06]
A building that is intended for regular human occupation. Examples of a habitable building include a private residence, a public building such as a nursing home, day-care center, hospital, medical clinic, police station, fire station, public shelter, residential rental unit of three or more units or school, a commercial building such as a retail store, restaurant, office building or gymnasium, and appurtenant structure that is regularly occupied, such as a garage, barn or workshop, and any other building that is regularly occupied such as a house of worship, community center or meeting hall. Examples of nonhabitable buildings include a bus stop shelter, utility building, storage shed, self-storage unit or an individual shelter for animals such as a doghouse.
[Added 12-4-2007 by Ord. No. 07-20]
A facility or institution principally engaged in providing services for health maintenance and the treatment of medical conditions. This use may include rehabilitation centers, extended care facilities, or long-term care facilities. This use shall not mean hospitals and diagnostic or treatments centers.
[Added 2-16-2010 by Ord. No. 10-1]
Establishments providing support to medical professionals and patients, such as medical and dental laboratories, medical imaging, and medical supplies and services.
[Added 2-16-2010 by Ord. No. 10-1]
When referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antennae or other appurtenances.
[Added 4-11-2000 by Ord. No. 99-10]
The vertical distance of a building, measured from average grade to the highest point of the roof. For other structures, the vertical distance measures from grade to its highest point; provided, however, that no height limitation in this ordinance shall apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: church spires; monuments; water towers; fire observation towers; silos and other agricultural buildings; windmills; chimneys not exceeding three feet above height of building or structure; flagpoles not exceeding 10 feet above height permitted in the applicable zone.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 12-4-2007 by Ord. No. 07-20]
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITEAny real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HISTORIC STRUCTUREAny structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONA customary personal service occupation such as, but not limited to, clerical services, word processing, accounting, computer-based services, telephone-related services, hobbies, crafts, and other related activities; provided, however, that such activities shall be conducted solely within the residence, only, shall engage no employees other than members of the family in residence in the dwelling house, shall not occupy more than 50%, or the equivalent, of the area of one floor of said residence or 500 square feet, whichever is less, and further provided that no display of products or goods shall be visible from the street, no stock-in-trade shall be kept and no signs shall be displayed.
[Amended 5-20-2003 by Ord. No. 03-5]
The office or studio of a recognized profession, such as physician, dentist, lawyer, architect, engineer or teacher who is a resident of the dwelling, provided that no more than three persons are employed who are not members of the family and that such office shall be in the main building.
HOMEOWNERS' ASSOCIATIONA nonprofit corporation established in accordance with standards contained in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) for the control and maintenance of common areas and open space in conjunction with a planned development.
HORTICULTUREThe growing or raising of nursery plants for sale for landscape purpose.
HOTEL or MOTELAn establishment providing lodging and usually meals for the general public, especially transient guests. It may include such uses incidental to the operation as follows: rest rooms, offices, meeting rooms, restaurants, cocktail lounges, beauty parlors, barbershops, apparel stores, confectionery shops and the like. Such incidental uses shall be conducted solely within the primary building.
HOUSE OF WORSHIPA building or group of buildings, including customary accessory buildings, designed or intended for public worship or religious education. For the purposes of this chapter, the words, "house of worship" shall include chapels, congregations, cathedrals, temples, mosques and similar designations as well as parish houses, convents and such accessory uses.
IMPERVIOUS SURFACEA surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. This includes buildings, sidewalks and all paved surfaces.
IMPERVIOUS SURFACE RATIOA measure of the coverage of a piece of land measured by dividing the total area of all impervious surfaces within the site by the total lot area.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM or ISSDSA system for the disposal of less than or equal to 2,000 gallons per day of sanitary sewage into the ground. Typically such systems are designed and constructed to treat sanitary sewage in a manner that will retain most of the settleable solids in a septic tank and discharge the liquid effluent to a disposal field, but similar designs are also included (for example, those that include seepage tanks or pits for effluent disposal and cesspools that may have been constructed prior to current codes).
[Added 9-15-2015 by Ord. No. 15-10]
A tract comprehensively planned for industrial or office uses whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots are approved and constructed or guaranteed for the entire tract prior to construction of any portion of any building on the tract. Parks with no subdivided lots shall have buildings spaced so the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this ordinance for such matters as building setbacks, buffers, driveway locations and distances between buildings.
INDUSTRY or INDUSTRIALStorage, manufacturing, preparation, processing or repair of any article, substance or commodity and the conduct of the industrial trade, but not including such preparation, processing or repair as is customarily applied to articles, substances or commodities in retail businesses or trade for on-the-premises transactions.
INSTITUTIONAL USEA nonprofit public, private or quasi-public use, such as a church, school, library, hospital, club or lodge or a fraternal, civic, service or charitable organization.
JOINTA fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.
JUNKYARDAny 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, recycling, sale or other use or disposition thereof of any material whatsoever.
KARSTA type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.
LANDThe surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
LAND, CONTIGUOUSLand which is connected or adjacent to other land so as to permit the land to be developed and used as a functional unit, provided that separation by lot lines, streams, dedicated municipal roads, rights-of-way, and easements shall not affect the contiguity of land unless such condition(s) unreasonably limits the land from being developed and used as a functional unit.
LANDLOCKEDProperty which has no ownership adjacent to a public street and is surrounded by lands belonging to another.
LANDOWNERAn 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 for the purposes of this ordinance.
LIGHT MANUFACTURINGManufacturing or assembly of semi-finished products, not including chemical or physical change of raw materials into products.
LIGHT TRESPASSAny form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.
LIMESTONEA carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least 80% calcium or magnesium carbonate. In this ordinance the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marbles.
LINEATIONAny straight line or alignment of natural features seen on an aerial photograph or any geographically-referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.
LOADING SPACEAn off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.
LOT AREAAn area of land, which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way or the access or "flagstaff" of a flag lot, shall not be included in calculating the minimum required lot area.
LOT, CORNERA lot at the junction of and having frontage on two or more intersecting streets.
LOT DEPTHThe shortest horizontal distance between the front and rear lot lines measured from the midpoint of the front line to the midpoint of the rear lot line.
LOT FRONTAGEThe horizontal distance between the side lot lines measured along the street lines.
LOT LINEAny line, including the street line, forming a portion of the exterior boundary of a lot.
LOT SIZE AVERAGING RESIDENTIAL DEVELOPMENTA planned development technique designed to encourage and promote flexibility, economy and environmental soundness in layout and design by varying, within a conventional subdivision, the lot areas and dimensions, as well as the yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations, provided that such standards shall be appropriate to the type of development permitted.
LOT SIZE REDUCTIONIn order to encourage and promote flexibility, economy and environmental soundness in layout and design, the Planning Board may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations, provided that such standards shall be appropriate to the type of development permitted.
LOT SUITABILITYIn any development application (including but not limited to lot size averaged and cluster developments), no residential building lot with a private well and individual septic system shall contain less than 22,500 contiguous square feet of uplands for a building site, one side of which must measure at least 100 feet. Where public sewer and water are available, there shall be 4,000 contiguous square feet of uplands for the building site.
LOT WIDTHThe distance between side lot lines measured parallel to the street line at the minimum required front yard building setback lines.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.
LOW-INCOME HOUSINGHousing which is affordable according to the New Jersey Council on Affordable Housing (COAH) or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located.
LUMENA unit of measure of the quantity of light which falls on an area of one square foot every point of which is one foot from the source of one candela (candle). A light source of one candela emits a total of 12.57 lumens.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURINGThe production of articles or finished products from previously refined raw materials by giving them new forms or qualities.
MARBLEA metamorphic rock consisting chiefly of crystallized limestone or dolomite.
MARGINAL ACCESS ROADA road parallel to an arterial or collector street with a planted buffer strip separating both streets (the planted strip being at least 10 feet wide). Individual lot access shall be limited to the marginal access road. The purpose of the marginal access road is to control the number of driveway entrances and street intersections with arterial and collector streets and is an alternative to reverse frontage subdivision design.
MASSAGE PARLORSAn establishment, business or use which provides the services of massage and body manipulation, including exercise, heat and light treatments of the body and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the State of New Jersey.
MEDICAL PROFESSIONAL OFFICEA group of rooms used for conducting the affairs of medical and dental care and generally furnished with waiting rooms, examination rooms, patient files and other office areas.
[Added 2-16-2010 by Ord. No. 10-1]
The consolidation of two or more lots into a single lot by the removal of the lot lines.
MININGThe extraction or quarrying of minerals, rocks and other solid material, including operations of milling, crushing, screening, washing, flotation and other preparation customarily done at the mine site or as part of the mining activity.
MINOR SUBDIVISIONAny subdivision of land that does not involve:
(1) The creation of more than two new lots plus a remainder, for a total of three lots, within any five-year period.
Any new street or the extension of Township facilities.
The extension of any off-tract improvements.
An adverse effect on the development of the remainder of the parcel or adjoining property.
MIXED USEA development which includes residential, public, quasi-public, commercial, office and open space uses, and which has significant functional and physical integration of project components, including uninterrupted pedestrian connections, and which is in conformance with a comprehensive design plan.
MOBILE HOMEAny vehicle or combination thereof used, designed or intended for use for permanent occupancy as living quarters for one or more persons, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, whether propelled by its own power or by the power of another vehicle to which it may be attached and whether the axle or carriage to which the wheels may be affixed is detachable or detached and irrespective of the name or title assigned or designated by the manufacturer of the unit or any other person.
MODERATE-INCOME HOUSINGHousing which is affordable according to the New Jersey Council on Affordable Housing (COAH) or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located.
MULCHA layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.
NEIGHBORHOOD STOREA retail store or shop which sells dairy products, beverages, small quantities of vegetables and fruit, magazines, newspapers, other printed periodicals and baked goods. The store is intended to serve its immediate surrounding neighborhood, a village, or a hamlet. In addition, the store may include prepared foods sold over the counter for immediate consumption at the counter, or in the purchaser's automobile.
NEW CONSTRUCTIONFor purposes of flood damage prevention, structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
NONCONFORMING STRUCTUREA building or structure the size, dimension, or location of which was lawful prior to the adoption, revision or amendment of Chapter
285, Zoning, 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.
A use or activity which was lawful prior to the adoption, revision or amendment of Chapter
285, Zoning, 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.
Land or greenhouses used to raise flowers, shrubs and plants for sale.
OBJECTIONABLE DIRECT LIGHT EMISSIONDirect light emissions offensively visible at a height of three feet or anything greater at the property line. A bulb, reflective device, refractive lens device, globe, or diffuse panels shall be considered a direct light emission source.
OBSTRUCTIONFor flood damage prevention purposes, material placed and/or situated in a floodplain that can impede or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water.
[Added 12-4-2007 by Ord. No. 07-20]
A building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services and administrative and executive purposes, but where retail sales are permitted only if they are an accessory to the principal office use.
OFF-STREET LOADING ZONEAn accommodation for the off-street parking of a commercial vehicle for the purpose of delivery to or receipt from a building of goods and materials.
OFF-STREET PARKING AREAAn open area, other than a street or other public way, used for the parking of motor vehicles and available for use, whether for a fee or as a service or privilege, by clients, customers, suppliers or residents.
OFF-TRACT IMPROVEMENTSImprovements made outside the original tract to accommodate conditions generated by a proposed development.
ONE-HUNDRED-YEAR FLOODA flood that is estimated to have a one-percent chance, or one chance in a hundred, of being equaled or exceeded in any one year.
[Added 12-4-2007 by Ord. No. 07-20]
An energy system that produces up to 110% of the energy that the principal use consumes on average in a year.
[Added 5-3-2011 by Ord. No. 11-06]
The amount of unimproved land that is landscaped or left in a natural state after development, expressed as a ratio of the total site area.
OUTCROPAn exposure of bedrock projecting through the ground surface.
OUTDOOR LIGHT FIXTUREAn illuminating device which is permanently installed outdoors, including but not limited to devices used to illuminate any site, structure or sign.
PATIOA level, landscaped and or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof (also called terrace).
PERMITTED USEAny use of land or buildings permitted by this ordinance.
PHARMACYA place where drugs and medicines are prepared and dispensed.
PINNACLEAn irregular rock projection often buried beneath the ground surface.
PLANNING BOARDThe Planning Board of Pohatcong Township, Warren County, New Jersey.
PLANTS, INDIGENOUSPlants that are native to the Eastern United States, and not imported stock from other areas of North America or other continents.
PLATA map or maps of a subdivision or site plan.
PLAT, FINALThe plat of all or a portion of the development submitted for final approval prepared in accordance with the Map Filing Law (N.J.S.A. 46:23-9.9).
PLAT, INFORMALThe plat submitted for purposes of classification and discussion.
PLAT, PRELIMINARYThe plat submitted as a part of the application for preliminary approval.
PORCHA roofed open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material except screening more than 30 inches above the floor thereof, except the necessary columns to support the roof.
PRIMARY USEThe predominant or principal use of a building or lot.
PRINCIPAL BUILDINGA building within which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USEThe main purpose for which any lot and/or building is used.
PRIVATE SCHOOLAn institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PUBLIC PURPOSEThe use of land and/or buildings by a municipal, county, state or federal agency or authority.
PUBLIC WATER SUPPLY SYSTEMA water supply system which offers service to the public and is authorized by the New Jersey Board of Public Utilities.
QUADPLEX DWELLINGAttached units with a common interior wall, with separate ground floor access for each unit. Units are joined side to side, but are not located one above another.
RECONSTRUCTIONTo replace or rebuild a lawfully existing structure or a portion of a lawfully existing structure to a usable condition, and to the same size and shape and in the same location as the original structure, after decay or damage has occurred.
[Added 12-4-2007 by Ord. No. 07-20]
A vehicle which is built on a single chassis; is 400 square feet or less when measured at the longest horizontal projections; designed to be self-propelled or permanently towable by another vehicle; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGIONAL SHOPPING CENTERA center which provides general merchandise, apparel, furniture, home furnishings, home improvement stores, supermarkets and including at least one full-line department store.
REGULATORY FLOODThe one-hundred-year flood along nondelineated watercourses or the flood hazard area design flood along delineated watercourses.
[Added 12-4-2007 by Ord. No. 07-20]
To patch, mend, repair and/or restore a lawfully existing structure or a portion of a lawfully existing structure to a usable condition after decay or damage has occurred. Rehabilitation does not affect the external dimensions of the structure.
[Added 12-4-2007 by Ord. No. 07-20]
See "rehabilitate."
[Added 12-4-2007 by Ord. No. 07-20]
Flood-related damage sustained to a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
[Added 12-4-2007 by Ord. No. 07-20]
A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any materials or products.
RESTAURANTAny establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building.
RESTAURANT, DRIVE-INAn establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESTAURANT, FAST-FOODAny fast-food restaurant, including drive-in restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety and at which the patron obtains food directly from the dispensing counter for consumption on or off such premises.
RESTAURANT, FULL-SERVICEA public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section.
RETAIL SALESEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and without necessarily rendering services incidental to the sale of such goods.
[Added 2-16-2010 by Ord. No. 10-1]
Establishments engaged in providing services for individuals, businesses, government and other organizations and includes finance; insurance, real estate and personal services; business services and miscellaneous repair services; educational services; and social services.
[Added 2-16-2010 by Ord. No. 10-1]
A commercial use as defined by Division G within the standard industrial classification system (SIC).
RETAINING WALLA structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
REVERSE FRONTAGELots abutting a major street, with no access to the major street, but having driveway access to an intersecting side street or to a minor street running parallel to the major street.
RIDGE TOPRidges are areas of similar topographic relief as identified by topographic mapping.
RIGHT-OF-WAYThe total width and length of the course of a street, watercourse, utility alignment or other way and within, under or over which all improvements and rights of access are confined.
ROOFTOP SOLAR ARRAYA solar energy system, as defined herein, that is mounted to roof of a building or structure.
[Added 5-3-2011 by Ord. No. 11-06]
Any wastes, including wastes from humans, households, commercial establishments, industries, that are discharged to or otherwise enter a domestic treatment works.
[Added 9-15-2015 by Ord. No. 15-10]
A right-of-way or an area visible from a highway, waterway, railway or major hiking, biking, or equestrian trail that is accessible to the public, and which provides vistas over water, across expanses of vegetation such as farmlands, woodlands or wetlands, or from mountaintops or ridges.
SCENIC RIDGE CORRIDORSCorridors of linear expanses of topographically elevated lands that are visually significant or geologically or botanically unique.
SEASONAL HIGH-WATER TABLEThe level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENTSolid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENTATIONThe deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural or other means as a product of erosion.
SEDIMENT BASINA barrier, dam, excavated pit, or dugout constructed across a waterway or at other suitable locations to intercept and retain sediment.
SENIOR CITIZEN HOUSINGHousing developed exclusively for individuals who have attained the age of 55 years, or the surviving unmarried spouse of a deceased senior citizen.
SERVICE STATIONLands and buildings providing for the fueling of vehicles as well as the sale of lubricants and automotive accessories. Maintenance and repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles beyond 60 days shall be permitted. Additionally, no car wash operation, car and truck or trailer rental, parking for a fee, convenience store, or other activity not specifically a part of the service station use shall be permitted.
SERVICE USEA commercial use as defined by Division I within the standard industrial classification system (SIC).
SETBACK LINEA line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. On flag lots, the minimum yard requirements shall exclude the access "flagstaff." All setbacks from public streets shall be measured from the proposed right-of-way as shown on the Master Plan.
SHEAR ZONEA zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).
SHED STORAGE SHEDAn accessory structure which is used for storage purposes and which does not maintain any electrical, heating or water service. Any structure which is large enough to store road-licensed or farm vehicles shall be considered a garage.
SHIELDED LIGHT FIXTUREA fully shielded light fixture with cutoff optics that allow no direct light emissions above a vertical cutoff angle of 80° through the light fixture's lowest light emitting part as certified by a photometric test. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
SHOPPING CENTERA tract comprehensively planned for three or more retail businesses whether or not the building(s) are erected in one development stage or over a period of time, but where the access, parking, buildings, utilities and lots are approved and either constructed or guaranteed for the entire tract prior to construction of any portion of the tract. Where there is more than one building, each building shall be spaced a minimum of 50 feet apart.
SIDEWALK (AREA)A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.
SIGHT TRIANGLEA triangular area at the quadrants of street intersections and driveways where unobstructed visibility is maintained along the intersecting street.
SIGNAny announcement, declaration, demonstration, billboard, display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed, whether inside or outside the building where it may be viewed from the outside of any structure on the premises where placed.
SIGN AREA MEASUREMENTThe area of any sign shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the lettering, illustration, display or background is attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater. For signs with two display faces, the maximum area requirement shall be permitted on each side. Signs with more than two display faces are prohibited.
SIGN CANOPYA sign that is mounted or painted on, or attached to, an awning, canopy or marquee.
SIGN FACADEAny sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.
SIGN, FREESTANDINGAny sign, not attached to a building, which is erected, constructed, supported or maintained on a post or pole or other bracing or supporting device.
SIGN, GROUND-MOUNTEDAny freestanding sign which is flush to or rests upon the ground rather than erected on a post or pole.
SIGN HEIGHTIn the case of a freestanding sign, the height will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor window sill in a two-or-more story building, nor can it be higher than the lowest point of the roofline in a single story building, except where a roof sign is expressly permitted in certain zones.
SIGN, IDENTIFICATIONAny sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.
SINKHOLE, (DOLINE)A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.
SITE PLAN, EXEMPTSite plan review and approval shall be required as a condition for the issuance of a permit for any development, as herein defined, except that neither major or minor site plan approval shall be required for the following:
[Added 3-21-2006 by Ord. No. 06-6]
(1) Detached single-family or two-family dwelling unit buildings.
Lots zoned for and intended to be used for single-family residential purposes, resulting from minor subdivision approval.
Conventional agricultural buildings and structures erected upon a working farm qualified under the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
SITE PLAN, MAJORAll site plans for new developments and those site plans not defined as minor or exempt.
SITE PLAN, MINORThe development plan of a single lot which does not involve planned development, any new street or extension of any off-tract improvement and contains the information reasonably required in or order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met, and shall be limited to the following classes of development:
(1) A change in use involving no building construction, other than interior modifications or interior structural alterations, and no need for additional off-street parking, lighting or drainage improvements.
Minor structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.
Building additions not exceeding 100 square feet in ground coverage and accessory buildings and structures not exceeding 500 square feet in ground coverage, provided that the same do not invade upon any required parking area, setback area or otherwise violate any requirements of the Township development regulations.
SITE PLAN REVIEWThe examination of the specific development plans for a lot. The term "site plan approval" means a requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a building permit and a certificate of occupancy.
SLOPEThe degree of deviation of a surface from the horizontal, usually expressed as a percent or ratio of horizontal to vertical.
SMALL SOLAR ENERGY SYSTEMA solar energy system, as defined herein, that is used to generate electricity.
[Amended 5-3-2011 by Ord. No. 11-06]
A wind energy system, as defined herein, that is used to generate electricity.
[Added 5-3-2011 by Ord. No. 11-06]
All unconsolidated mineral or organic material, of whatever origin, that overlies bedrock and which can be readily excavated.
SOLAR ACCESSThe access to unobstructed direct sunlight required by a solar collector for its efficient operation.
SOLAR ENERGY SYSTEMA solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Added 5-3-2011 by Ord. No. 11-06]
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Added 5-3-2011 by Ord. No. 11-06]
A solar energy system, as defined herein, that is used to generate electricity; and has a production capacity of two to 20 megawatts.
[Added 5-3-2011 by Ord. No. 11-06]
Tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings are the main water carrier in carbonate rocks.
SOLUTIONED CARBONATESCarbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.
SPRINGA place where water naturally flows from rock or soil upon the land or body of surface water.
START OF CONSTRUCTIONFor other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration effects the external dimensions of the building.
STEALTH TOWER STRUCTUREMan-made trees, clock tower, bell steeples, light poles and other similar alternative-design mounting structures that camouflage and/or conceal the presence of antennas or towers.
[Added 4-11-2000 by Ord. No. 99-10]
A building or part thereof in which or from which merchandise or services are furnished directly to the public.
STORE, WHOLESALE DISPLAYA building or part thereof where merchandise is displayed for sale and sold at wholesale but where no goods, wares, merchandise or materials are warehoused.
STORMWATER DETENTIONA provision for stormwater quality enhancement and for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between any floor and the ceiling next above it; provided, however, that a minimum clearance of 7.5 feet is allowed between the floor and ceiling above.
STORY, HALFThat portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.
STREET, COLLECTORA route which should link places of traffic generation with nearby larger towns or with more-important intracounty corridors.
STREET HIERARCHYThe conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematize street design into a road hierarchy promotes safety, efficient land use, and residential quality.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or official map, forming the dividing line between the street and a lot.
STREET, PRIMARY ARTERIALA continuous route having trip length and travel density characteristics indicative of substantial statewide or interstate travel. These streets are state expressways and highways.
STREET, RESIDENTIAL ACCESSLowest order residential street. Provides frontage for access to lots and carries traffic with destination or origin on the street itself. Designed to carry the least amount of traffic at the lowest speed.
STREET, RESIDENTIAL MAJOR COLLECTORHighest order of residential streets. Conducts and distributes traffic between lower-order residential streets and higher-order streets - arterials and expressways. Carries the largest volume of traffic at higher speeds. Function is to promote free traffic flow; therefore, parking should be prohibited and direct access to homes should be avoided.
STREET, RESIDENTIAL MINOR COLLECTORMiddle order of residential street. Provides frontage for access to lots and carries traffic to adjoining residential access streets. Designed to carry somewhat higher traffic volumes than lower order streets, with traffic limited to motorists having origin or destination within the immediate neighborhood. Is not intended to carry regional traffic.
STREET, RESIDENTIAL NEIGHBORHOODA type of residential access street conforming to traditional subdivision street design, and providing access to building lots fronting on a street and parking on both sides of the street.
STREET, STUBA portion of a street for which an extension has been proposed and approved. May be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.
STREET, SUBCOLLECTORA route which is provided at intervals, consistent with population density, to collect traffic from local streets.
STRUCTUREFor flood emergency management purposes, a walled and roofed building, a building addition, a manufactured home, a deck, a porch, a gazebo, or a gas or liquid storage tank that is principally above the ground.
[Amended 12-4-2007 by Ord. No. 07-20]
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" shall also include the term "resubdivision." The following shall not be considered subdivisions within the meaning of this ordinance, if no new streets are created:
(1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded 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 of the municipality.
SUBSIDENCE SINKHOLESSinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying soluble bedrock.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTMeans any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
[Amended 12-4-2007 by Ord. No. 07-20]
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.
SUPPORTIVE AND SPECIAL NEEDS HOUSINGResidential health care facilities as licensed and/or regulated by NJDCA or NJDHSS, group homes for people with developmental disabilities and mental illness as licensed and/or regulated by NJDHS, permanent supportive housing, and supportive shared-living housing. For the purpose of determining density, the dwelling unit for supportive and special needs housing shall be the bedroom.
[Added 2-16-2010 by Ord. No. 10-1]
The part of the precipitation that passes over the surface of the soil.
SWIMMING POOL, COMMERCIALCommercial swimming pools mean and include all pools associated with other than detached single-family and two-family dwellings. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
SWIMMING POOL, PRIVATEA swimming pool operated as a use incidental to a residential dwelling unit or units and located on an individual residential lot.
TATTOO PARLORAn establishment, business or use which provides the services of applying a tattoo, more specifically described as an indelible mark or figure etched on the surface of the body by the insertion of pigment into the skin.
TOWERAny structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephones, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers and cellular telephone towers. The term also includes the structure and any support thereof.
[Added 4-11-2000 by Ord. No. 99-10]
One dwelling unit in a row of three or more attached dwelling units.
TRACTA parcel of land comprising the lot or parcel from which the constituent parcels of land within a development are created.
TRAILERA structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
TRAILERS, TEMPORARY CONSTRUCTIONA trailer for construction purposes for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of the final certificate of occupancy or the expiration of one year, whichever is less.
TRUCK FUEL STATIONLands and buildings providing for the sale of fuel and add-on lubricants primarily for the trucking industry. No maintenance and repairs, painting, truck wash, truck rental, parking or the storage of vehicles, or other activity not specifically a part of the truck fuel station use shall be permitted. It shall not include a truck stop or a truck repair station.
TRUCK REPAIR STATIONLands and buildings used for the repair and towing of trucks. Maintenance and mechanical repairs may be provided, but motor sales, body repairs and painting shall not be permitted. No truck wash operation, truck rental parking or other activity not specifically a part of the truck repair station use shall be permitted. It shall not include a truck fuel station or a truck stop. No storage of inoperable, wrecked or unregistered vehicles shall be permitted for a period of time more than 30 days.
TRUCK STOPLands and buildings providing for those services provided by truck fuel stations and truck repairs stations, excluding major engine repairs, and including additional services primarily oriented to the over-the-road truck driver, such as, but not limited to, restaurant services, incidental sales and services, motel services, truck wash, and offices and with parking for 10 or more trucks of a tractor-trailer size.
UPLANDSAll lands except floodplains, wetlands, lands with seasonal high-water table of less than 18 inches from the surface.
USABLE YARD AREAThe portion of a yard surrounding a structure which is viable for any use permitted by this ordinance.
USEThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
UTILITYServices limited to sewage treatment, water supply, gas, electric, telephone and cable television.
VARIANCE[Amended 12-4-2007 by Ord. No. 07-20]
(1) Permission to depart from the literal requirements of a zoning ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
For purposes of flood damage prevention, “variance” means a grant of relief from the requirements of the Flood Damage Prevention Ordinance that permits construction in a manner that would otherwise be prohibited.
VIOLATIONFor flood damage prevention purposes, the failure of a structure or other development to be fully compliant with the Township’s flood management regulations. A structure or other development without the elevation certificate or other evidence of compliance is presumed to be in violation until such time as that documentation is provided.
[Added 12-4-2007 by Ord. No. 07-20]
Opening in the soil or rock materials.
WAIVERThe granting of relief from one or more submission requirements for an application or relief from design requirements as set forth in this ordinance.
WAREHOUSEA building used for the temporary storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.
WATER SURFACE ELEVATIONThe height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
[Added 12-4-2007 by Ord. No. 07-20]
Areas as defined in the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) or in federal statute or regulation as applicable.
WIND ENERGY SYSTEMA wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added 5-3-2011 by Ord. No. 11-06]
A wind energy system, as defined herein, that is used to generate electricity and has a nameplate capacity of up to 2,000 kilowatts.
[Added 5-3-2011 by Ord. No. 11-06]
Equipment that converts energy from the wind into electricity. This term includes base, blade, foundation, nacelle, rotor, blades, tower, transformer, vane, wire, inverter, batteries or other components to store and/or transfer energy.
[Added 5-3-2011 by Ord. No. 11-06]
An open space extending between the closest point of any building and a lot line or street line. In an apartment, townhouse, industrial or office park, shopping center or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangency of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two required yards of the structures and in no event shall two structures be closer to one another than the sum of both required side yards.
YARD, FRONTThe open space extending across the full width of a lot between the street line and a line parallel to the street line through the nearest point of the principal building(s) on the lot. In the case of a flag lot, the required front yard shall be provided between the nearest point of the front of the building and the nearest lot line. The building includes porches and decks.
YARD, REARThe open space extending across the full width of the lot between the rear lot line and a line parallel to the street line through the nearest point of the principal building to the rear lot line. In the case of a flag lot, the required yard shall be provided between the nearest point of the rear of the building and the nearest lot line. The building includes porches and decks.
YARD, SIDEAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
ZONING OFFICERThe individual appointed by the Township Council to enforce the Development Regulations Ordinance herein.
ZONING PERMITA certificate issued by the Zoning Officer:
(1) 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 Chapter
285, Zoning, or variance there from duly authorized by a municipal agency.