A.Â
This chapter shall be held to be the minimum requirements
adopted pursuant to the Municipal Land Use Law, Chapter 291, Laws
of New Jersey, 1975, N.J.S.A. 40:55D-1 et seq., in order to promote
the public health, safety, morals and general welfare. Among other
purposes, the provisions of this chapter are intended to provide adequate
light, air and convenience of access, to prevent overcrowding of land
or buildings and to avoid undue concentration of population by regulating
and limiting the use of land.
B.Â
This Chapter 151 shall be used in conjunction with Chapter 150 entitled “Zoning”. This Chapter 151 shall govern the specific standards and procedures for development of land in the Borough of Brooklawn. This ordinance is intended to provide the reviewing authority with a sound basis for guiding the future growth and redevelopment of the municipality.
Constitutes the discontinuance of a non-conforming use of
land or structures.
A use, structure or building which is subordinate to and
serves a principal building or a principal use; is subordinate in
area, extent and purpose to the principal structure or principal building
or use served; contributes primarily to the comfort, convenience or
necessity of the occupants, business or industry of the principal
structure or principal building or use served; and is located on the
same parcel as the principal structure or principal use served. In
the case of an accessory structure or building, it shall be detached
from the principal building.
Municipal Engineer, Construction Official, Zoning Official,
Public Works Manager, Public Safety Officer, and, in the case of subdivision,
Tax Assessor.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on surrounding properties including, but not limited to,
inadequate drainage facilities, inadequate public utilities, unsuitable
street grades, street locations that fail to compose a convenient
system, and failure to provide or make future allowance for access
to the interior portion of adjoining lots or for other facilities
required herein.
Any roadway or public way dedicated or open to public use
or shown on the Borough Map and not opened, 20 feet or less in width.
Any change in either the supporting members or of a building
such as bearing walls, columns, beams and girders, or in the dimensions
configuration of the roof or exterior walls.
A means for making changes to this Chapter as expressly authorized
by law or any change to the Master Plan.
A structure or use which:
Those animals designated by the NJDEP pursuant to N.J.S.A.
23:2A-1 et seq.
A building or series of buildings under single ownership,
with common yards and open spaces, containing two or more suites of
rooms equipped for separate housekeeping.
The combined Planning and Zoning Board of Adjustment within
the Borough with authority to approve or disapprove subdivisions,
site plans, construction permits, zoning permits, or other applications
for development approval. Also know throughout this ordinance as “Board”.
The official action of the local reviewing board taken on
a preliminary approved major subdivision or site plan after all conditions,
engineering plans, and other requirements have been completed or fulfilled
and the required improvements have been installed, or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-
46, 48, and 49 prior to final approval after specific elements of
a development plan have been agreed upon by the local reviewing board
and the applicant.
Any building, land area, or other premises, or portion thereof,
used or intended to be used for the retail sale of vehicular fuels
and automotive accessories, and providing, as an accessory use, minor
automotive services such as oil change, lubrication, tune-up, and
tire and battery sales and installation.
Any parcel of land with a building used for major automobile
repair. Such work includes but is not limited to engine, transmission,
brake and exhaust system repair. Automotive repair centers do not
include automotive body and painting services.
Any parcel of land with a building used for the purpose of
automobile and chassis repair, restoration, and painting.
A strip of land along one or more property lines, extending
in depth or width as specified in the particular zoning district,
if required therein, not necessarily corresponding to the depth or
width of a required yard, and comprised of grass, ground covers, shrubs
or trees, or including all of these, which strip may or may not include
a screening fence or wall, having as its purpose to provide a device
a minimize or diminish the visual impact or sound emanating from an
incompatible building, use or activity upon an adjacent or nearby
property. If is not the intent of this chapter that a “buffer
area” be 100% impervious to sound or visual penetration, but
rather to be sufficient density to divert attention from and to blend
with surroundings and thereby reduce objectionable sounds or views.
A structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property, including tents, lunch
wagons, dining cars, camp cars, trailers and other roofed structures
on wheels or other supports used for residential, business mercantile,
storage industrial, institutional, educational, assembly or recreational
purposes.
The vertical distance measured from grade to the highest
point of the roof for flat roofs, to the deck line for mansard roofs,
and to the mean height between eaves and ridge for gable, hip, and
gambrel roofs. Structures other than buildings, such as an antennae,
are measured similarly from the ground, but extend to the highest
point of the structure.
A structure in which is conducted the principal use of the
site on which it is situated. In a residential district any dwelling
shall be the principal building of the lot on which it is located.
A portable structure, which is self-propelled or mounted
on or towed by a non-commercial vehicle, and which is designated and
used as shelter for travel, recreation, vacation or other short-term
uses.
A story having more than one-half 1/2 of its floor-to-ceiling
height below average finished grade of the adjoining ground within
20 feet of the structure. No cellar or part thereof shall be used
as a separate dwelling unit or as part of the minimum required floor
area for a residence.
See N.J.A.C. 7:50-6.156.
A statement signed by the Construction Code Official, setting
forth that a building or structure does comply with this chapter or
that a building, structure or parcel of land may lawfully be used
for specified uses.
A facility where source-separated or commingled waste is
dropped off in a container and temporarily stored before transportation
to another waste management facility.
An area within or related to a site designated as a development,
and designed and intended for the use or enjoyment of residents and
owners of the development. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
A waste management facility that utilizes a controlled biological
process of degrading non-hazardous solid waste or sewage sludge. For
purposes of this definition, composting facility shall include co-composting
facility that utilizes a controlled biological process of degrading
mixtures of non-hazardous solid waste, including sewage sludge.
Any community residential facility licensed pursuant to P.L.
1977, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility, within the meaning of the “Health Care Facilities
Planning Act”, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.) In
the case of a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliate agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. “Developmentally Disabled
Person” means a person who is developmentally disabled as defined
in Section 2 of P.L. 1977, c.488 (N.J.S.A. 30:11B-2). “Mentally
Ill Person” means a person who is afflicted with a mental illness
as defined in N.J.S.A. 30:4-23, but shall not include a person who
has been committed after having been found guilty of a criminal offense
by reason of insanity or having been found unfit to be tried on a
criminal charge.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal
assistance, personal guidance, and other services to not more than
15 persons who have been victims to domestic violence, including any
children of such victims, who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
Actual construction on a parcel of land in accordance with
a permit issued by the applicable jurisdiction if the cost of the
physical improvements completed constitutes at least 25% of the projected
total cost of the development or the completion of all required foundations,
of a form and character such that the foundations are not usable for
any other form of development except that authorized by the issued
permit.
Vehicles register with the State of New Jersey, or other
States, as commercial vehicles displaying commercial license plates.
Passenger cars, mini/conversion vans, pickup trucks with a load capacity
of no more than 2,000 pounds, and station wagons displaying commercial
plates are not considered “commercial vehicles” for the
purpose of this Chapter.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with this
Chapter. The Planning and Zoning Board of Adjustment shall review
applications for conditional use and approve by Resolution before
the use shall be established. Driveway construction permits will also
be reviewed as conditional uses.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal of equipping of buildings or structures.
Non-hazardous solid waste building material and refuse resulting
from construction, remodeling, and repair operations on residences,
commercial buildings, pavements and other structures.
An individual designated by the Borough of Brooklawn and
duly licensed by the New Jersey State Department of Community Affairs
to serve as the “Construction Official”.
Land connected or adjacent to other land so as to permit
the land be used as a functional unit; provided that separation by
lot line, streams, dedicated public roads that are not paved, right-of-ways
and easements shall not affect the contiguity of land unless a substantial
physical barrier is carried which prevents the land from being used
as a functional unit.
In Block 101, Lots 2, 3, 5, and 6 of the Brooklawn Redevelopment
Area only, a retail establishment operating 24 hours per day, seven
days per week, offering for sale prepackaged food products and grocery
items, hot and cold made-to-order drinks, freshly pre-prepared foods,
including sandwiches, soups and salads, household items, tobacco products,
newspapers and magazines, in-store ATM and lottery, and which includes
outside facilities for dispensing motor fuels, gasoline and diesel
fuels for light trucks and passenger vehicles. No servicing of motor
vehicles is permitted, excepting up to two external air pumps may
be provided.
[Added 3-20-2017 by Ord.
No. 4-17; amended 7-10-2017 by Ord. No. 16-17]
A composite of the master plan for the physical development
of a New Jersey county with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the county Planning
and Zoning Board of Adjustment pursuant to N.J.S.A. 40:27-2 or their
successor statues.
The governing authority responsible for county planning and
organized pursuant to N.J.S.A. 40:27-6.1, and defined therein.
The line of the curb as presently existing or as may hereafter
be established by the governing body of the Borough.
The elevation of the top of the curb or the established curb
grade opposite the center of the building or portion thereof under
consideration. Where the building does not adjoin the street, the
average elevation of the proposed grade line of the ground immediately
adjacent to the building as shown on the building plans shall be considered
as the “curb level”.
A licensed, principal use for providing custodial care of
persons, for a period not to exceed 18 hours within a single day,
in return for payment of tuition, fees, or other compensation. Day
care may include care of either children or adults who are unable
to care for themselves because of diminished capabilities.
Appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
The permitted number of dwelling units per gross area of
land to be developed.
That portion of a tract of land that is suitable for development
or construction of a building. The developable land area of a tract
excludes the area of flood plains, wetlands, wetland buffer areas,
open water areas, slopes in excess of 20% and the rights-of-way of
existing and proposed public streets.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a development including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The creation, change or enlargement of any use or disturbance
of land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alternation of the size, or
significant change in the external appearance of a structure.
A material increase in the intensity of use
of land, including but not limited to an increase in the number of
businesses, manufacturing establishments, offices or dwelling units
in a structure or on land;
Resource extraction, drilling, or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
In connection with the use of land, the making
of any material change in noise levels, thermal conditions, or emissions
of waste material; and
Alteration, either physically or chemically
of a shore, bank or flood plain, seacoast, river, stream, lake pond,
wetlands or artificial body of water:
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
Any division of land into 5 or more lots; any construction
or expansion of any housing development of 5 or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than 3 acres; or any grading, clearing
or disturbance of an area in excess of 5,000 sq. ft.
Any development other than major development.
Any development by a public agency.
Any portion of Brooklawn Borough that certain uniform regulations
and requirements of various combinations thereof apply under the provisions
of this Chapter.
Dogs, cats, hamsters, rabbits, small birds, and other animals
commonly considered pets housed in the owner's residence or appropriate
kennel, cage, hutch, or pen in the yard area. The term domestic animal
shall not include those typically found in zoos or farm animals.
A public or privately owned treatment works that processes
primarily domestic water and pollutants.
Waste water which results from the discharge of household,
commercial, or other wastes from bathrooms, toilet facilities, home
laundries and kitchens.
The removal of surface water or ground water from land by
drains, grading or other means, including control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
non-point pollution, to maintain the integrity of stream channel for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A signed, written agreement by a property owner which states
that responsibility for maintaining a drainage easement will remain
with the land owner and pass to any successive owner.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures
or plant any vegetation that will impede access.
Lands required for the installation of storm water sewers or drainage ditches, or along a natural stream or water course for preserving the channel and providing for the flow of water therein safeguard the public against flood damage according to Chapter 1 of Title 58 of the Revised Statues.
Any building or portion thereof designed or used primarily
as the residents or sleeping place of 1 or more persons. A “dwelling”
is not a mobile home, hotel, motel, hospital, nursing home, dormitory,
fraternity or sorority house, rooming house, boarding house or similar
structure under the terms of this Chapter.
Single Family — A single structure,
designed with 1 dwelling unit.
Duplex — A single structure
designed with 2 distinct dwelling units situated on a single lot with
yard areas on four sides.
Twin — A structure designed
with 2 distinct dwelling units, separated by an approved party wall,
which shall be constructed on a common lot line.
Multiple — 3 or more dwelling
units in a single structure.
Townhouse — A structure containing
multiple dwelling units separated by approved party walls, constructed
along common lot lines or on a single lot.
In-law Suite — 1 or more rooms
designed as an integral part of a dwelling unit that shall not have
separated utilities, full cooking facilities, or separate entrances
and exits other than those required by law for fire safety.
Semi-detached — A building designed
for and occupied exclusively as a residence formally one family, applied
to one of two houses which are detached from other buildings and joined
together by a single party wall.
1 or more rooms, including full cooking and sanitary facilities,
in a structure, designed as a unit for occupancy by not more than
1 family for living and sleeping purposes.
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the State.
Summer day camps shall not be considered “educational uses”
or accessories to such uses.
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in intensity of use of a tract of land occupied by an existing use.
A deed, bond, money, or piece of property delivered to a
third person, to be delivered by him to the grantee only upon fulfillment
of a condition.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies or for
the public health or safety or general welfare. Essential services
shall include firehouses, first aid and emergency aid squads and community
antenna television whether provided by a municipal or nonprofit agency.
An individual or two or more persons related by blood or
marriage or a group of individuals of not more than four persons not
related by blood, living together as a single housekeeping unit. In
each instance the “family” shall be understood to include
necessary servants and may be understood to include necessary servants
and may be understood to include lodgers or roomers taken for hire.
Horses, cattle, sheep, goats, chickens, turkeys, geese, ducks,
swine and other animals, which may or may not be pets, housed in a
barn, coop, pen, or other suitable shelter for such animals.
Section 502 of the National Parks and Recreation Act of 1978
(P.L. 95- 625).
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials.
Any barrier or hedge composed of live materials.
The final map of all or part of the subdivision presented
to the local reviewing board for final approval according to these
regulations that, if approved, shall be filed with the proper County
recording officer.
That portion of a stream, as identifiable on the U.S.G.S.
7 1/2 foot quadrangle maps, from the point of upstream origin, downstream
to the first portion of intersection with another branch, stream or
tributary.
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
Mapping of these areas may be available from State or County agencies
and the Federal Emergency Management agency.
The sum of the gross horizontal area of each story of a building,
measured from the surface of exterior walls, or from the center line
of a wall separating two buildings. “Floor area” shall
not include cellar space and any floor space where the average floor-to-ceiling
height is less that seven- foot.
A detached or attached structure used only for the storage
of vehicles owned or rented by the occupant of the principal structures
or by his family.
Any garage other than a private garage that is open to the
public and used for the storage of motor vehicles.
Any establishment that stores, sells or dispenses fuel for
motor vehicles.
The natural environment of an individual animal or plant,
population, or community.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet nor less than one foot above the finished floor of such
story.
Such elements, compounds and substances that pose a present
or potential threat to human health, living organisms or the environment.
They consist of all hazardous or toxic substances defined as such
by the NJDEP and the EPA as of and after May 20, 1996.
Any waste or combination of wastes, including toxic, carcinogenic,
corrosive, irritating, sensitizing, radioactive, biologically infectious,
explosive or flammable waste, which poses a present or potential threat
to human health, living organism or the environment. They consist
of all hazardous wastes defined as such by the NJDEP and the EPA as
of and after May 20, 1996.
The vertical distance measured from the curb level to the
highest point of the roof adjacent to the street wall for flat roofs,
to the deck line of mansard roofs and to the mean height between eaves
and ridge for gabled, hipped and gambrel roofs.
An area designated by the Historic Preservation Commission
pursuant to N.J.A.C. 7:50-6.154 as having such historic, cultural
or archaeological significance as to merit special protection.
See N.J.A.C. 70:50-6.153.
Any site, building, area, district, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
An accessory use provided in a private residence approved
by the New Jersey Division of Youth and Family Services or an organization
that the division contracts for family day care in which child care
services are regularly provided to no less than 3 nor more than 5
children, for no less that 15 hours per week nor more than 18 hours
within a single day. The limitation on the number of children for
whom day care service can be provided shall not include children who
are legally related to the service provider or children who are being
cared for as a part of a cooperative agreement between parents for
the care of their children by one of more parents when no payment
for the care is being provided.
Any accessory use of a service character conducted entirely
within a dwelling, provided that the floor area devoted to the occupation
does not exceed 150 square feet, does not require any vehicles, materials
or equipment stored on the outside of the premises, employees do not
visit or are employed at the premises, no article is sold or offered
for sale except as may be produced by only members of the immediate
family residing on the premises and which use is clearly incidental
to the use of the dwelling for residential purposes and does not change
the character thereof, and which shall in no manner have any adverse
effect on the expected enjoyment of property rights of others within
the zone designation in which it is located. In order to obtain approval
for a home occupation an application for a minor site plan shall be
submitted to the Board for approval.
A building or group of buildings consisting of individual
sleeping units, designed for transient travelers and not for permanent
residency, except that up to 3% of the total units may be provided
for the sole use of resident employees.
1 or more persons living together in one dwelling unit on
a non-seasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water contact.
Those persons related by blood or legal relationship in the
following manner: great-grandparents, grandparents, great-grandchild,
grandchild, parents, sons, daughters, brothers and sisters, nieces
and nephews, aunts and uncles, first cousins and spouses.
A surface that has been compacted or covered with a layer
of material so that is that it is highly resistant to infiltration
by water, including but not limited to buildings and semi impervious
surfaces such as compacted clay, as well as most conventionally surfaces
streets, sidewalks, parking lots and other similar surfaces.
Any land used for the following public or private purpose:
educational facilities, including universities, colleges, elementary,
secondary and vocational schools, kindergartens and nurseries; cultural
facilities such as, libraries, galleries, museums, concert halls,
theaters and the like; hospitals including such educational, clinical,
research and convalescent facilities as are integral to the operation
of the hospital; medical and health service facilities including nursing
homes; supervised residential institutions, rehabilitation therapy
centers and public health facilities; law enforcement facilities;
military facilities; churches; cemeteries, public office buildings;
and other similar facilities.
Any waste iron or other metal or substance, white goods,
bicycle parts, glass, paper, plastic, used lumber, rags, machinery,
machines, machine parts, accessories, unregistered motor vehicles
which are unfit for reconditioning, used parts of motor vehicles and
any material commonly known and generally referred to as “junk”
in the ordinary and accepted meaning of the word.
Any place or structure used for collection, storage, purchase
or sale of junk, rags, bones, old rope, old iron, old automobiles,
brass, copper, tin or other metals, old bottles of any and every nature
and description whatsoever.
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above, or below the surface and any
water found thereon.
A site where any waste is disposed of by application on or
into the land, with or without the use of management practices or
soil covering. It does not include a site where land application of
waste or waste derived material occurs in accordance with N.J.A.C.
7:50-6.79.
The legal or beneficial owner or owners of all land proposed
to be included in a planned development. The holder of an option or
contact to purchase, a lessee having a remaining term of not less
than 20 years, or other person having an enforceable proprietary interest
in such land shall be a “landowner” for the purposes of
this chapter.
The installation of plant material or seed as part of development.
Any county or municipal ordinance or regulation which, in
any way, regulates or affects the development of land.
A use of land, building or structure, or portion thereof,
that is permitted under all relevant local, State and Federal land
use, nuisance and environmental statutes.
A highway designed in such manner that it provides no direct
access to properties abutting its right-of-way and all highways designated
as limited-access highways designated by the Planning and Zoning Board
of Adjustment in the Master Plan.
A commercial facility, which shall not sell or serve food
or operate a restaurant, which brews any malt alcoholic beverages
in quantities for which it is licensed by the Alcoholic Beverage Commission
and which sells the product at retail to consumers on the licensed
premises of the brewery for consumption on the premises but only in
connection with tours of the brewery, or for consumption off premises
in a quantity of not more than 15.5 fluid gallons per person, and
to offer samples for sampling purposes only. "Sampling" shall mean
the selling at a nominal charge or the gratuitous offering of an open
container not exceeding four ounces of any malt alcoholic beverage
produced on the premises.
[Added 7-10-2017 by Ord.
No. 12-17]
The area within the wall exteriors above the main grade level,
but excluding cellars, attics, garages or porches.
An off-street parking spaces or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
An antenna and any support structure, together with any accessory
facilities, which complies with standards in N.J.A.C. 7:50-5.4 and
which is intended to serve a limited, localized audience through point
to point communication, including cellular telephones cells, paging
systems, and dispatch communications. It does not include radio or
television broadcasting facilities or microwave transmitters.
Any county or municipal official, department, agency or other
body authorized to rule on any application for development.
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 having frontage on a public street.
Area — The computed area contained
within the lot lines.
Corner — A lot abutting upon
2 or more streets at their intersection or upon 2 parts of the same
street, such streets or parts of the same street, forming an interior
angle of less than one hundred, thirty-five (135°) degrees. The
point of intersection of the street lot line is the corner.
Depth — The mean distance between
the front and rear lot lines.
Interior — Any lot not a corner
lot.
Width — The distance between
the 2 side lot lines measured at the required setback line.
Any security which is deemed acceptable by a municipality
for the maintenance of any improvements required by the MLUL, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.3, and cash.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the municipality, duly adopted by the
Planning and Zoning Board of Adjustment and pursuant to N.J.A.C. 40:55D-28.
Any subdivision containing not more than 4 lots fronting
on an existing minor street, not involving any new street or road
or the extension of municipal facilities and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the Master Plan,
Official Tax Map or this Chapter.
Occupancy of a building or land for more than one use.
A dwelling unit manufactured in one or more sections, that
may have axles and wheels, designated for long term occupancy and
which can be transported, after fabrication, to a site where it is
to be occupied.
The governing body of a municipality of the Planning Board
and/or Zoning Board of Adjustment created by a municipality in accordance
with the state enabling statute, which shall administer any ordinance
pursuant to this statue.
Water capable of being traversed by pleasure craft.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of a land use and development
ordinance, but that fails to conform to the present requirements of
the zoning district by reason of such adoption, revision or amendment.
A structure or building which in its location upon a lot
or in its size does not conform to the regulations of a land use and
development ordinance.
A use occupying a lot, building or structure, legally existing
and/or used a the time of adoption of a land use and development ordinance,
or any amendment thereto, which does not conform to the use regulations
of the zone in which it is located.
A school designed to provide daytime care or instruction
for 2 or more children from 2 to 6 years of age inclusive, and operated
on a regular basis.
Any premises meeting the standards of the New Jersey State
Department of Institutions and Agencies to operate as a nursing home.
A map adopted in accordance with the MLUL, or any prior act,
authorizing such adoption. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks
and playgrounds and drainage rights-of-way shown thereon.
A parking area, as hereinafter defined, for the parking of
passenger vehicles of the occupants, employees, visitors and patrons
of specified types of buildings.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment, provided 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.
Any quantity of land, consisting of one or more lots that
is capable of being described with such definiteness that its location
and boundaries may be established.
An open, off-street land area, including parking spaces and
access and egress drives or aisles, used or required by this chapter
for parking of automobiles or other vehicles exclusively and in which
no gasoline or automobiles or other vehicles exclusively and in which
no gasoline or automobile accessories are sold and not other business
is conducted.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public, whether
for a fee, free, or as an accommodation for clients or customers.
Any security which may be accepted by the municipality including
but limited to surety bonds, irrevocable letters of credit, escrow
agreements or similar collateral, or security agreements under the
circumstances specified in N.J.S.A. 40:55D-53.5, and cash, provided
that the municipality shall not require more than 10% of the total
guarantee in cash.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
The municipal board charged with ensuring orderly development
in accordance with this Chapter.
One or more maps of a subdivision or a site plan that show
that location, boundaries and ownership of individual properties.
A 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 more than 30 inches above the floor thereof
except the necessary columns to support the roof.
The preliminary map indicating the proposed layout to the
subdivision that is submitted to the Planning and Zoning Board of
Adjustment Clerk for Planning and Zoning Board of Adjustment consideration
and tentative approval and meeting the requirements of this Chapter.
A permit, issued by the Zoning Officer, which is a prerequisite
to the issuance of a construction permit or other permits or approvals
that are needed to develop a single family dwelling on an existing
lot of record.
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; and interstate and regional agencies exercising
sovereign powers of government.
Public parks, playgrounds and other recreational areas; other
public spaces; scenic or historic sites; school sites and site for
other public buildings; and other areas dedicated to public use or
enjoyment.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency, or other
public body for recreational or conservational uses.
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities, developed linearly; roads,
streets and other similar services provided or maintained by any public
or private entity.
Recreation facilities operated as a business and open to
the general public for a fee.
Clubs or recreation facilities operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
The following materials which would otherwise become solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products:
source-separated non-putrescible metal, glass, paper, plastic containers,
corrugated and other cardboard; vegetative waste; waste concrete;
asphalt; brick; block; asphalt-based roofing scrap and wood waste;
other waste resulting from construction, remodeling, repair and demolition
operations on houses, commercial buildings, pavements and other structures;
whole trees, tree trunks, tree parts, tree stumps, brush and leaves
that are not composed; scrap tires; petroleum contaminated soil that
is delivered to a non-mobile in-State asphalt plant, concrete production
plant or brick-making facility for incorporation as a raw material;
and petroleum contaminated soil that is process at its point of generation
by mobile recycling equipment which produces asphalt, concrete or
bricks by incorporating it as a raw material in its mobile production
process.
A facility designed and operated solely for receiving, storing,
processing or transferring recyclable materials, except that recycling
center shall not include a manufacturer. For purposes of this definition,
processing may include, but is not necessarily limited to, separating
by type, grade or color, crushing, grinding, shredding or baling.
Junk/Salvage Yards shall not be considered recycling centers for the
purpose of this Chapter.
Any waste regulated pursuant to the New Jersey Comprehensive
Regulated Medical Waste Management Act, N.J.S.A. 13:1E-48.1. et seq.
A church, mosque, synagogue, temple or other similar place
of worship.
A process to remove or treat a waste or hazardous or toxic
substance from soil or water but does not include any subsequent burial
or land application of contaminated soil or other solids.
An establishment where food and drink is prepared, served
and consumed, primarily within the principal building. However, a
snack bar or refreshment stand at a public or community swimming pool,
playground, play field or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility, shall not be deemed a restaurant.
A commercial establishment where food and drink, prepared
for immediate consumption, are purchased at a counter and either eaten
on the premises, in the purchaser's automobile, or off the premises.
Those restaurants where a majority of prepared food is consumed only
at tables on the premises and served by waiters or waitresses at said
tables shall not be deemed “fast food restaurants”. Any
restaurant with drive-through window service shall be considered a
“fast food restaurants” shall not include those retail
stores where food is primarily sold for preparation and consumption
elsewhere, such as a supermarket, or stores where, as a secondary
use of the premises, prepared foods may be sold over the counter for
immediate consumption, such as a delicatessen.
A dwelling unit containing rooms for the rooming and/or boarding
of individuals for a fee.
Any apparatus or structure constructed or installed out of
doors with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennae.
The level below the natural land surface to which water seasonally
rises in the soil in most years.
Specially designed housing for persons aged 62 and over providing
units within low, and mid-rise buildings, specifically designed for
the safety and comfort of an older population.
Wherever a lot abuts a residential district or a residential
use, a screen wall or architectural fence shall be erected adjacent
to the lot line abutting the residential district or use and having
a height not less than four feet, provided that no such wall or fence
shall extend into a front yard.
Two or more commercial establishments in one or more structures
designed and operated as a coordinated, integrated entity with respect
to parking, services, signs, etc. Use may include retail and service
establishments; offices and office structures; theaters; recreational
facilities; meeting and convention facilities; museums and cultural
facilities; motels and hotels; auto service stations where gasoline,
oil and grease, batteries, tires and automobile accessories may be
supplied and dispensed directly to the motor vehicle trade and where
minor repair service is rendered; and uses accessory to all such permitted
uses.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. Signs do not include the
flag or emblem of any nation, organization of nations, state or city;
or any fraternal, religious or civic organizations; merchandise, pictures
or models of products or services incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields. Flags and banners displaying products or product
names shall be considered signs.
Off Site Advertising — A sign
that directs attention to a business, commodity, service or entertainment
conducted, sold or offered elsewhere.
Business — A sign which directs
attention to a business or profession conducted or to a commodity
service or entertainment sold or offered upon the premises where the
sign is located.
Flashing — Any sign of which
the artificial light is not maintained constant in intensity and/or
color at all times when such sign is in use.
Gross Advertising Area — The
entire space within a single continuous perimeter enclosing the extreme
limits such, but in no case passing through or between any adjacent
elements of same. However, such perimeter shall not include any structural
or framing elements lying outside the limits of such sign and not
forming an integral part of the display.
Any improvement in connection with a development involving
streets, roads, parking facilities, sidewalks, lighting, landscaping,
drainage structures, and utilities.
A triangular portion of land established at street intersections
and driveways in which nothing is erected, placed, planted or maintained
more than 24 inches above the street center line. The purpose of a
sight triangle is to eliminate any viewing obstruction for motorists
entering or leaving the intersection or driveway. Exceptions are street
signs, fire hydrants and light standards.
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, flood plains,
marshes, and waterways; the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, circulation, rights-of-way, easements, drainage facilities,
utility services, landscaping, structures, signs, lighting and screening
devices; and any other information that may be reasonably required
by the approving agency in order to make an informed determination
pursuant to this Chapter.
SITE PLAN, EXEMPT— Site plan for
an individual single-family, duplex or twin dwelling, or accessory
buildings to agricultural and horticultural uses, unless such uses
are located on an unimproved road, in a flood hazard area, or involve
a home occupation. Interior building alterations, which do not involve
a change in use or additional parking, shall also be exempt.
Site Plan, Administrative — Site
plan requiring less than 10 parking spaces as required in this Chapter,
containing no more than 2,500 sq. ft. of floor area, having no more
than 30% of lot coverage and involving clearing, grading or land disturbance
of an area no more than 5,000 sq. ft., and which does not include
any new street or extension or any off-tract improvements or design
waivers. If design waivers are required, the plan will be deemed a
Minor Site Plan.
Site Plan, Minor — Site plan
for a development requiring more than 10 parking spaces as required
in this Chapter, containing no more than 5,000 sq. ft. of floor area,
having no more than 30% of lot coverage and involving the clearing,
grading or land disturbance of an area no more than 10,000 sq. ft.
and which does not include any new street or extension of any off-tract
improvements.
Site Plan, Major — All site
plans not defined as administrative, minor or exempt.
Site Plan Amendments — The Administrative
Review Committee shall determine if proposed changes are substantial
or administrative. Non-substantial changes may be administratively
approved by the inspecting engineer. Substantial changes required
Board approval.
Standards adopted by ordinance regulating noise levels, glare,
earthborn or sonic vibrations, noxious colors, toxic matter, explosive
and flammable matter, smoke matter, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other reasonable requirements as a municipal authority may provide
by ordinance.
A State department, board, commission, division, bureau or
an agency created by the State.
A provision for storage of storm water runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of storm water runoff.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it.
The lowest story of the ground story of any building, the
floor of which is not more than 12 inches below the average finished
grade of the adjoining ground within 20 feet of the structure.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way that is an existing State, County or municipal
roadway; a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action; a street of way on a plat duly
filed and recorded in the office of the county recording officer prior
to the appointment of a Planning and Zoning Board of Adjustment and
the grant to such Board of the power to review plats and that includes
the land between the street lines, whether improved or unimproved
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter “streets” shall be classified as follows:
Arterial Streets — Streets which
are used primarily for fast or heavy traffic.
Collector Streets — Streets
that carry traffic from minor streets to the major system of arterial
streets, the principal entrance streets of a residential development
and street for circulation within such development.
Minor Streets — Streets that
are used primarily for access to the abutting properties.
Marginal Access Streets — Streets
which are parallel to and adjacent to arterial streets and highways
and which provide access to abutting properties and protection from
through traffic.
Alleys — Minor ways, which are
used primarily for vehicular service, access to the back or the side
of properties otherwise abutting on a street.
The lines upon which width of the abutting streets is established,
i.e., the property line and not the curbline.
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcel, or other divisions of land for sale or
development. The following shall not be considered subdivision if
no new streets are created: divisions of property by testamentary
or interstate provisions; divisions of property upon court order,
including but not limited to judgments of foreclosures; 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, all of which are found and certified by
the administrative officer to conform to the requirements of the municipal
development rules, and are shown designated as separate lots, tracts
or parcels on the tax map of the municipality.
Those lands that are inundated with water throughout the
year.
An interior lot having frontage on two streets or one street
an alley.
Lines, conduits, pipes or cables located in a street, road,
alley or easement through which natural gas, electricity, telephone,
cable television, water, sewage, or storm water discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
Any plant material including grasses, shrubs and trees.
Leaves, grass clippings, twigs, shrubbery and residue from
the raising of plants, such as stalks, hulls and leaves. It includes
vegetative processing wastes that do not contain non-vegetative additives
and whole trees, branches, tree trunks and stumps processed through
a wood chipper.
Any hazardous waste, regulated medical waste, garbage, refuse,
septage, sludge, discarded materials and other by-products and substances
which become unsuitable for their original purpose, resulting from
industrial, commercial and agricultural operations and from domestic
and community activities. They shall include solid and liquid waste
materials. For the purposes of this definition, liquids which are
released from a sewage treatment plant or on-site septic wastewater
treatment system and solid animal and vegetable wastes collected by
swine producers licensed by the New Jersey Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms
shall not be considered waste.
Any property, site, system, equipment which is utilized for
the storage, collection, processing, transfer, transportation, separation,
recycling, reclamation, recovery, reuse or disposal of waste. It includes,
but is not necessarily limited to, landfills, composting facilities,
recycling facilities and centers, incinerators, materials recovery
facilities, reclamation facilities, resource recovery facilities,
waste reuse facilities and transfer facilities.
Those soils designated as very poorly drained or poorly drained
by the soil conservation service of the USDA, including but not limited
to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon,
Muck, Othello, Pocomoke, St. Johns, Freshwater Marsh and Tidal Marsh
soil types.
An open space that lies between the principal building or
group of buildings and the nearest lot line and that is unoccupied
and unobstructed from the ground upward, except as herein permitted.
Front — An open space extending
the full width of the lot between a principal building and the front
lot line, unoccupied and unobstructed from the ground upward, except
as may be specified elsewhere in this Chapter. Any portion of a lot
abutting a street will be considered a front yard for the purpose
of this Chapter.
Rear — An open space extending
the full width of the lot between a principal building and the rear
lot line, unoccupied and unobstructed from the ground upward, except
as may be specified elsewhere in this Chapter.
Side — An open space extending
from the front lot line to the rear lot line between a principal building
from the nearest side lot line, unoccupied and unobstructed from the
ground upward, except as may be specified elsewhere in this Chapter.
The municipal board charged with hearing appeals of relief
from any requirement of this Chapter.
The Zoning Map or Maps for the Borough of Brooklawn, New
Jersey, together with all amendments subsequently adopted, delineating
the various districts controlling land use and lot size.
