This chapter shall be known and shall be cited
as the "Land Use Administration and Procedures Ordinance of the Township
of Mansfield."
A.Â
It is the intent and purpose of this chapter and of Chapter 362, Subdivision and Site Plan Review, and Chapter 363, Zoning, to:
(1)Â
Encourage Township action to guide the appropriate
use or development of all lands in this state, in a manner which will
promote the public health, safety, morals, and general welfare.
(2)Â
Secure safety from fire, flood, panic and other natural
and man-made disasters.
(3)Â
Provide adequate light, air and open space.
(4)Â
Ensure that the development of individual municipalities
does not conflict with the development and general welfare of neighboring
municipalities, the country and the state as a whole.
(5)Â
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment.
(6)Â
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)Â
Provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey citizens.
(8)Â
Encourage the location and design of transportation
routers which will promote the free flow of traffic while discouraging
locating of such facilities and routes which result in congestion
or blight.
(9)Â
Promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land.
(10)Â
Encourage planned unit developments which incorporate
the best features of design and relate the type, design and layout
of residential, commercial, industrial and recreational development
to the particular site.
(11)Â
Encourage senior citizen community housing construction.
(12)Â
Encourage coordination of the various public
and private procedures and activities shaping land development with
a view of lessening the cost of such development and to the more efficient
use of land.
(13)Â
Confirm the right-to-farm land in the Township,
recognizing that any burden to surrounding properties from farming
operations is more than offset by the benefits from farming to the
Township, county, and state.
(14)Â
Promote the conservation of energy through the
use of planning practices designed to reduce energy consumption and
to provide for maximum utilization of renewable energy sources.
B.Â
This chapter shall also combine those general administrative
and procedural requirements applicable to all hearings and applications
for development.
B.Â
Where the provisions of these chapters impose greater
restrictions or higher standards than those of any statute, other
ordinance or regulation, the provisions of these chapters shall govern.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions or higher standards than these chapters,
the provisions of such statute, ordinance, or regulation shall govern.
For the purposes of Chapters 360, 361, 362 and 363, the terms and words listed in this chapter shall have the meanings herein given. Terms and words not defined herein but defined in the municipal land use law shall have, for the purposes herein, the meanings given them in the municipal land use law, its amendments or supplements. Terms and words not defined herein or in the municipal land use law but defined in other land use regulations shall have, for the purposes of these chapters, the meanings given them in the regulations, as the same now read or may be amended. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.
A subordinate building or structure located on the same lot
with a principal building and occupied or devoted exclusively to a
use accessory to the principal use on a lot. Where an accessory building
is attached to a principal building in a substantial manner by a wall
or roof, such accessory building shall be considered part of the principal
building. A detached private garage shall be considered an accessory
building.
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
The Township Clerk unless a different municipal official
is designated herein.
A comprehensively designed residential development containing
residential dwellings to be occupied by persons 55 years or age or
older, as further defined under the U.S. Fair Housing Act, as amended,
with passive and active recreation facilities to be provided by the
developer for the sole use by the residents and their guests.
[Added 8-8-2001 by Ord. No. 2001-16]
Customary and conventional farming operations including the raising and production of livestock, meat, milk, vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers, seeds; and the sale of agricultural products on a farm. Customary agricultural uses shall not include the raising and keeping of swine except in conformance with Chapter 406, Swing, of the Board of Health of the Township Code.
Customary agricultural uses shall include, but
not by way of limitation, the following activities which, when connected
with farming, shall not be deemed to be violations of any of the standards
of these chapters:
The use of irrigation pumps and equipment, aerial
and ground seeding and spraying, tractors, and other equipment.
The use of necessary farm laborers.
The application of chemical fertilizers, insecticides
and herbicides in accordance with manufacturer's instructions; the
application of manure and the replenishment of soil nutrients.
The grazing of animals and use of range for
fowl subject to any standards and regulations for intensive fowl and
livestock use.
The 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 such
control is practiced under applicable state fish and game laws.
The clearing of woodlands to expand agricultural
production, vegetative and terrain alterations, the installation of
physical facilities for soil and water conservation and the harvesting
of timber, provided that the clearing of woodland, or harvesting of
timber is in compliance with all other applicable Township ordinances.
The on-site handling and disposal or organic
wastes and materials.
The above-listed practices and any generally
accepted agricultural practices, when reasonable and necessary for
the particular farming operation, may occur on holidays, Sundays and
weekdays, at night and in the day, and the reasonably necessary noise,
odors, dust and fumes that are caused by them are also specifically
permitted as part of customary and conventional farming operations.
The aforementioned rights are subject to the restrictions and regulations
of state and Township health and sanitary codes and state and federal
environmental regulations.
A change in the supporting members of a structure, an addition,
diminution, change in use, or conversion of a structure or a part
thereof, or removal of a structure from one location to another. This
definition shall not be construed to mean that a change in use from
one use permitted in a zone to another use permitted in that same
zone shall be an alteration.
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and use the communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
uses.
[Added 11-14-2001 by Ord. No. 2001-18]
A developer submitting an application for development.
The application form and all accompanying documents and fees
required by the land use chapters for approval of a subdivision plat,
site plan, conditional use, zoning variance or direction for the issuance
of a permit pursuant to this chapter.
The Planning Board.[1]
The distance between static-water level and 10 feet above
the pump intake level, as measured from the same datum (e.g., top
of well casing).
[Added 5-9-2007 by Ord. No. 2007-5]
A portion of the building partly underground but having less
than 1/2 its clear height below the average grade of the adjoining
ground. See "cellar."
A person who is not related to the head of the household
and who pays for the privilege of residing within the same dwelling
unit.
A dwelling unit having one kitchen which also provides lodgings
or meals and lodgings for pay or compensation of any kind, computed
by day, week or month to more than two persons occupying such dwelling
on a semipermanent basis who are unrelated to the head of household.
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
The area occupied by all buildings on a lot measured on a
horizontal plane around the periphery of the foundations and including
the area under the roof of any structure supported by columns, but
not having walls, as measured around the outside of the outermost
extremities of the roof about the columns.
The vertical distance from the average ground elevation around
the foundation to the level of the highest point of the roof surface.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary living quarters for children or adults or both,
for a total of 15 days or more in any calendar year, for recreation,
education or vacation purposes.
Any tent or camping vehicle temporarily located on a campsite,
as temporary living quarters for children or adults, or both, for
recreation education or vacation purposes; it shall not include any
camping unit kept by its owner on land occupied by him in connection
with his dwelling.
Any camp trailer, travel trailer or other unit built or mounted
on a vehicle or chassis, designed without permanent foundation, which
is used for temporary dwelling or sleeping purposes and which, under
the provisions of N.J.S.A. 39:1 et seq., may be legally driven, or
towed by a passenger automobile on a highway.
Any plot of ground within a campground intended for the exclusive
occupation by a camping unit or units under the control of a camper.
A governmental acquisition of real property or major construction
property.
Shall have the meaning ascribed to this term by the surface
water quality standards at N.J.A.C. 7:9B-1.15.
Those waters not designated as outstanding natural resource
waters or Category One in the surface water quality standards at N.J.A.C.
7:9B-1.15 for purposes of implementing the antidegradation policies
set forth at N.J.A.C. 7:9B-1.5(d).
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade or adjoining
ground. See "basement."
A certificate issued by the Construction Code Official upon
completion of construction, alteration or change in occupancy or use
of a building.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
A 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 word "church" shall include
chapels, congregations, cathedrals, temples and similar designations
and shall encompass parish houses, convents and such accessory uses
as are customarily incidental to the principal use.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage, or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
or transshipment points.
[Amended 11-10-2021 by Ord. No. 2021-16]
Any enclosed receptacle or container made of metal, steel
or a similar product and designed or intended for the donation and
the temporary storage of clothing or other materials.
[Added by Ord. No. 2013-07]
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not adjunct
to or operated by or in conjunction with a public tavern, cafe or
other place of business.
A contiguous tract developed as a single subdivision in which, subject to approval as a conditional use by the approving agency, residences may be constructed upon lots of a reduced size as specified in § 363-77, Cluster/open space zoning, of Chapter 363, Zoning, provided that the gross density within the total subdivision shall not exceed the gross density that would otherwise be permitted and that the remaining open space shall be improved and either dedicated to the Township or, if not accepted by the Township, maintained by a responsible organization.
The use of a common wireless telecommunications tower or
a common structure by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunication antennas
on a structure owned or operated by a public utility or other public
or private entity.
[Added 11-14-2001 by Ord. No. 2001-18]
The New Jersey Council on Affordable Housing.
Commercially licensed vehicles of any kind, except passenger
automobiles and commuter vans which do not have commercial advertising,
lettering signs or names and addresses on the exposed portions thereof.
The term "commercial vehicles" shall also include school buses and
omnibuses. The definition of the terms in this section relating to
motor vehicles shall be as provided in N.J.S.A. 39:1-1 et seq.
[Amended by Ord. No. 99-08]
A pumping test of the well in question, conducted so that
the water level (pumping level) remains constant over the test duration.
[Added 5-9-2007 by Ord. No. 2007-5]
A pumping test of the well in question, conducted so that
the discharge rate remains constant over the test duration.
[Added 5-9-2007 by Ord. No. 2007-5]
A development other than a planned development.
A lot at the junction of and having frontage on two or more
intersecting streets.
A right-of-way dedicated to public use to facilitate pedestrian
access through a subdivision.
A short dead-end street terminating in a vehicular turnaround
area.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill, and any use or change in use of
any building or other structure, or land or extension of use of land,
for which permission may be required pursuant to the land use chapters.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed, pursuant
to N.J.S.A. 40:55D-1 et seq.
The same as "zone."
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1-1 et seq.
Any watercourse, trench, ditch, depression or other hollow
space in the ground, natural or artificial, which collects or disperses
surface water from the land.
The distance between the static water level and the declining
water level in a well, due to the pumping of the subject well or a
nearby well.
[Added 5-9-2007 by Ord. No. 2007-5]
A building designed for and containing three or more dwelling
units and consisting in its entirety of one of the following dwelling
unit types:
GARDEN APARTMENTA dwelling unit occupying a space on only one floor and separated from other units on the same floor by use of common party walls, with each dwelling unit having direct access from outdoors or from a common hallway or common stairwell.
TOWNHOUSEA dwelling unit located beside and separated from other such dwelling units by use of common party walls, extending from the foundation to the roof and from the front to the rear exterior walls, with each dwelling unit having livable floor area on, but not limited to, the first floor. Each townhouse dwelling unit shall have direct access to the outdoors.
A detached building designed for and containing one dwelling
unit only.
A building containing two dwelling units.
Living accommodations designed and used for occupancy by
one family only.
A restriction established on a lot to permit the use of land
by the public, a corporation or particular person for specified uses.
Government-owned, subsidized detached living quarters accessory
to a primary residence. Such dwelling shall not exceed 750 square
feet of floor area and shall be occupied by no more than two persons,
one of whom is 60 years of age or older and has circumstances which
make such person unable to live independently. ECHO housing meets
the need of persons who without which would be forced into institutional
housing or substandard living quarters.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
by the Tax Assessor utilizing estimates for construction cost. Final
equalized assessed value will be determined at project completion
by the Municipal Tax Assessor.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.
Any parcel of land containing at least five acres which is used for customary agricultural uses as defined in this chapter. A farm shall include necessary accessory farm buildings and structures within the prescribed limits and buildings for the storage of equipment used, but shall not include residential structures. It shall exclude the raising of fur-bearing animals, riding academies and dog kennels. It shall also exclude the raising and keeping of swine except in conformance with Board of Health Chapter 406, Swine, of the Township Code. It shall also include "agricultural uses, customary," as defined herein.
[Amended by Ord. No. 07-90]
Any building used for the housing of agricultural equipment,
or storage of produce, livestock or poultry or the incidental or customary
processing of farm products, provided that such building is located
on, operated in conjunction with and necessary to the operation of
the farm as defined by this section. The term "farm building" shall
not include a dwelling or dwelling unit on the lot. Farm buildings
shall be considered to be accessory buildings to the principal farm
use.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
The official action of the approving authority taken on a
preliminary approval, 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.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations
promulgated thereunder published at N.J.A.C. 7.13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
The ratio of the floor area to the lot area, as determined
by dividing the floor area by the lot area.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed or usable for human occupancy or
the conduct of business. Such area shall be measured between the outside
face of exterior walls or from the center line of walls separating
two uses. In residential structures, such areas shall not include
garage space or accessory building space. In nonresidential structures,
the gross floor area shall exclude areas used for utility and heating
and cooling and other mechanical equipment, but shall include all
other areas, including basements and cellars, regardless of ceiling
height.
[Amended 11-10-2021 by Ord. No. 2021-16]
On a corner lot, the frontage upon which the front of the
building faces.
[Added 8-8-2001 by Ord. No. 2001-16]
On a corner lot, the frontage upon which the side or rear
of the building faces.
[Added 8-8-2001 by Ord. No. 2001-16]
Having access to a street as defined in this section, by
ownership of at least 75 feet of frontage contiguous with the street.
A detached accessory building or portions of a main building,
used only for the storage of a passenger vehicle or vehicles, and
not more than one commercial vehicle of a rated capacity not exceeding
3/4 ton.
Any building, premises or land in which or upon which a business,
service or industry involving the storage, maintenance, washing or
servicing of motor vehicles is conducted or rendered.
A use consisting principally of the sale of live plants.
Any security which may be accepted by the Township, provided
that the Township shall not require more than 10% of the total performance
guaranty in cash.
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of chimneys, antennas,
farm silos and similar fixtures.
Any occupation customarily conducted within a dwelling and
carried on by the inhabitants thereof and not more than two nonresident
employees, which use is secondary to the use of the dwelling for residential
purposes, which does not change the character thereof; and which does
not utilize more than 50% of the total floor area of the entire dwelling.
For example, the office or studio of a doctor, physician, surgeon,
dentist, teacher, artist, musician, lawyer, engineer, dressmaker,
hairdresser, real estate agent or insurance salesperson residing on
the premises shall be considered as being included. Funeral parlors
or undertaking establishments are expressly excluded.
An incorporated nonprofit organization operating in a development
under recorded land agreements through which:
Each lot or development owner shall be a member.
Each occupied dwelling unit is subject to a
charge for a proportionate share of the expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the association by the Township.
Each owner and tenant has a right to use the
common property.
A facility offering transient lodging accommodations on a
daily rate to the general public. The facility shall have a minimum
of 40 individual rooms, each room having its own bathroom and without
kitchen facilities. It may include such uses incident to the operation
as follows: office, meeting rooms, banquet rooms, restaurants, cocktail
lounges, beauty shops, barbershops, stores selling incidentals, health
clubs and similar facilities related principally to the operation
of a hotel or motel. Such incidental uses shall be conducted solely
within the primary building.
[Amended 8-8-2001 by Ord. No. 2001-15]
A plan or plans prepared subsequent to preliminary plat approval conforming to the requirements of Chapter 361, Design and Performance Standards.
Indoor recreation facilities shall include those sports or
athletic facilities such as ice hockey and skating, tennis, athletic
clubs, bicycling and similar type facilities. It shall not include
facilities which provide for games such as arcades gaming areas and
similar type facilities.
A land subdivision or development of or for the purpose of
two or more industrial or office buildings, such subdivision or development
having a unified plan for the use of the parcel to be developed or
subdivided.
A nonprofit, public, private or quasi-public use such as
a church, school teaching academic subjects, hospital, library, club
or lodge, or a fraternal, civic, service or charitable organization.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Category 1 streams
shown as a dashed line on the USGS topographic quadrangle maps or
the USDA County Soil Survey Maps of the most recent edition that includes
hydrography are included as intermittent stream. Non-Category 1 (C2)
streams as designated on the Zoning Map are also included as intermittent
streams.
The percentage of lot area that is occupied by principal
and accessory structures and areas which are paved with material having
a coefficient of runoff ("c") as defined by the Rational Method of
storm drainage computations in excess of 0.75.
[Added 8-8-2001 by Ord. No. 2001-16]
The amount of drawdown on an observation well resulting from
the commencement of pumpage from a nearby well.
[Added 5-9-2007 by Ord. No. 2007-5]
A pumping test conducted to determine the interference effects
on one or more selected observation wells, resulting from pumping
a subject well.
[Added 5-9-2007 by Ord. No. 2007-5]
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures for the retention of
surface water, excluding sedimentation control and stormwater retention/detention
basins and ponds designed for treatment of wastewater.
Improvements and fixtures on, above or below the surface.
The permit required prior to any construction, grading, filling or other forms of land disturbance or use in furtherance of any approved preliminary or final subdivision or site plans. See Article VIII, Land Disturbance Construction Permits, of Chapter 362, Subdivision and Site Plan Review.
[Amended by Ord. No. 11-90]
The storage, packaging, distribution, preparation, processing
or repair of any article, substance or commodity and the conduct of
the industrial trade; it shall not mean manufacturing as defined in
this chapter, refining of raw materials, or such preparation, processing
or repair as are customarily applied to articles, substances or commodities
in retail businesses or trade for on-the-premises transactions.
A street which begins and ends on the same street and is
not otherwise connected with other streets or a cul-de-sac.
The unit into which land is divided on a subdivision plat
or deed with the intention of offering such unit for sale, lease or
separate use, either as an undeveloped or developed site, regardless
of how it is conveyed. "Lot" shall also mean "parcel," "plot," "site"
or any similar term.
An area of land which is determined by the limits of the
lot lines bounding that area and is always expressed in terms of square
feet or acres. Any portion of a lot included in an existing or proposed
street right-of-way shall not be included in calculating lot area.
In the event that more than one plot or lot as set forth or any map
filed in the office of the County Clerk, or lot as set forth on the
present or future assessment maps of the Township is used in part
or in full with one or more other such lots or plots for the erection
of a building and its accessories, including yards required by the
land use chapters, the aggregate of all such plots or lots shall,
for the purpose of these chapters, be deemed to be one lot.
A lot at the junction of, and having frontage on two or more
intersecting streets, or a lot bounded on two or more sides by the
same street.
The mean distance from the street line of the lot to the
rear lot line, measured generally parallel to the side lines of the
lot. The greater frontage of a corner lot is its depth and its lesser
frontage is its width.
Any lot other than a corner lot.
Any boundary line of a lot, including a street line.
The horizontal distance between the side lot lines measured
between the points at which the rear line of the required front yard
intersects the side lot lines.
Any security which may be accepted by the Township for the
maintenance of any improvements required by these chapters.
Any site plan not defined as a minor site plan.
Major solar or photovoltaic energy facility or structure
or major solar or photovoltaic energy system means a system of solar
or photovoltaic panels and equipment for the production of energy
that is not a minor solar or photovoltaic energy facility or structure.
[Added 8-24-2011 by Ord. No. 2011-17]
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
A composite of the mapped and written proposals recommending
the physical development of the Township which shall have been duly
adopted by the Planning Board.
A meteorological tower to measure wind speeds and determine
whether a site qualifies for a wind turbine.
[Added 8-24-2011 by Ord. No. 2011-17]
A development plan of one lot which:
Proposes new development of nonresidential farm
buildings.
Does not involve any new street or extension
of any off-tract improvement which is to be prorated, pursuant to
the provisions of N.J.S.A. 40:55D-42.
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance for approval of a minor site plan have been
met.
A solar or photovoltaic panel or system of panels for the
production of energy that:
[Added 8-24-2011 by Ord. No. 2011-17]
Uses solar energy as its fuel; is located on the power beneficiary's
premises; is designed and intended primarily to offset part or all
of the beneficiary's requirements for energy consumption on site;
and is secondary to the beneficiary's use of the premises for other
lawful purpose(s); or
Is intended to mitigate electrical system improvement requirements;
and
Generates not more than 110% of the power consumed by the beneficiary's
premises, which shall be documented through the submission of power
company electricity usage bills for the 12 months prior to the date
of the application, a beneficiary's first twelve-month period beginning
on the first day of any single monthly billing period, at the customer's
choice, or another form of documentation acceptable to the Mansfield
Township Zoning Officer. This documentation shall be provided at the
time of the application.
[Amended 6-10-2015 by Ord. No. 2015-05]
Any vehicle or combination thereof used, designed or intended
for use for permanent occupancy as living quarters for one 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 are detachable or detached, and irrespective
of the name or title assigned or designated by the manufacturer of
the unit or any other person.
A well installed specifically for the purpose of groundwater
resource and quality assessments (i.e., non-supply well).
[Added 5-9-2007 by Ord. No. 2007-5]
The Planning Board.
[Amended 6-10-2015 by Ord. No. 2015-07]
The topographical pattern or system of drainage of surface
water runoff from a particular site, including the various drainageways
and watercourses which carry surface water only during periods of
rains, storms, or floods.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use which is lawfully exercised within a structure or on
land on December 15, 1964, or any amendment thereto, and which does
not conform with the regulations of the zone in which it is located.
Surface water entering a channel from no definable discharge
source.
A well utilized to obtain water level measurements such an
existing residential or commercial supply well.
[Added 5-9-2007 by Ord. No. 2007-5]
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.,
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 right-of-way shown thereon.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application or contiguous portion of a street right-of-way.
Not located on the property which is the subject of a development
application not on a contiguous portion of a street right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water set aside, dedicated,
designated or reserved for public or private use of enjoyment or for
the use and enjoyment of owners and occupants of land adjoining or
neighboring such open space, provided that such areas may be improved
with only those buildings, structures, streets and off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land.
Public and quasi-public recreational facilities
and uses customarily related to outdoor activities such as golf courses,
ski areas, sports camps, day camps, and nature camps. This shall not
be construed to permit:
Includes those sports or athletic facilities such miniature
golf, playing fields for soccer, baseball, golf, driving ranges and
similar facilities. It shall not include such facilities as shooting
ranges, racing facilities or similar activities.
These definitions shall not be construed to permit private campgrounds which are subject to the provisions of subsection § 363-66 or outdoor rifle ranges.
[Amended by Ord. No. 09-91]
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to subdivide
the same under the provision of these chapters.
A solar panel is an elevated panel or plate, or a canopy
or array thereof, that captures and converts solar radiation to produce
power, and includes, but is not limited to, flat plate, focusing solar
collectors, or photovoltaic solar cells and excludes the base or foundation
of the panel, plate, canopy or array.
[Added 8-24-2011 by Ord. No. 2011-17]
An open area other than a street, public way or access driveway,
including aisles used for the parking of motor vehicles and available
for use as a service or privilege to clients, customers, suppliers
or residents.
Off-street space for the parking of one motor vehicle. Such
a parking space shall be rectangular and shall have an area of not
less than 200 square feet exclusive of access drives or aisles, and
shall be a minimum width as set forth herein. Such width shall be
measured perpendicular to the axis of the length and shall have adequate
provision for ingress and egress. Where parking space fronts on a
curb, such parking space may be 18 feet in length, provided there
is a two-foot clear area behind the curb. This shall not prohibit
angle parking spaces, provided the described rectangle can be completely
enclosed within the parking space.[2]
For the purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to the provisions of § 360-16.
A common wall between individual dwelling units.
The total volume of water, in gallons, required during each
period of peak demand.
[Added 5-9-2007 by Ord. No. 2007-5]
The average pumping rate of water from a well, measured in
gallons per minute (gpm), during peak demand periods.
[Added 5-9-2007 by Ord. No. 2007-5]
A pumping test conducted to determine if the subject well
can supply the water needed by the realty improvement during times
of peak-water demand.
[Added 5-9-2007 by Ord. No. 2007-5]
The duration of time, in minutes, during which the peak-demand
rate is exerted on a well and is the peak-demand load (measured in
gallons) divided by the peak-demand rate (measured in gpm).
[Added 5-9-2007 by Ord. No. 2007-5]
A stream that flows continuously throughout the year in most
years. Streams appearing as a blue line on USGS topographic quadrangle
maps shall be considered perennial; however, any stream not shown
which flows continuously shall be included within this definition.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the approving agency approves
a final plat, including performance bonds, escrow agreements, other
similar collateral or surety agreements, or cash not to exceed 10%
of the total performance quantities.
A street one block long, or a connecting link between two
longer streets, and not otherwise a segment of their alignment.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
The map of a subdivision.
The final map or maps for a portion or all of a subdivision previously shown on an approved preliminary plat, drawn and submitted in accordance with the requirements of Chapter 362.
The map or maps of a proposed minor subdivision, sufficiently accurate for subdivision approval in accordance with the requirements of Chapter 362.
The preliminary map or maps of a proposed subdivision drawn and submitted in accordance with the requirements of Chapter 362.
Any water used or intended to be used for drinking or culinary
purposes.
[Added 5-9-2007 by Ord. No. 2007-5]
A building within which is conducted the main or principal
use of the lot on which the building is situated.
The primary or predominant use of the premises.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his family or guests,
for swimming, diving and other aquatic sports and recreation. The
term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground holding less than 500 gallons
of water.
Any person who has received a baccalaureate or postgraduate
degree in hydrogeology, geohydrology, geology, engineering or soil
science and has at least five years of appropriate professional experience
in groundwater hydrology. Applicants submitting a well test plan and/or
hydrogeologic report shall be required to submit evidence of the credentials
of the associated qualified hydrogeological professional.
[Added 5-9-2007 by Ord. No. 2007-5]
An agency or body which is defined by one of the following:
[Added 4-12-2000 by Ord. No. 2000-02]
An organization either not-for-profit that is
created by the State of New Jersey, any political subdivision or agency
thereof including any special district or authority or unit of local
government to perform a public purpose.
An organization organized not-for-profit which
serves an eleemosynary purpose such as a church, charitable organization,
hospital organization or similar organization.
The majority of the full authorized membership of the approving
agency.
Any existing or proposed building or modification thereof,
the useful occupancy of which requires a water-supply system. Each
dwelling unit in a multiple dwelling shall be construed to be a separate
realty improvement.
[Added 5-9-2007 by Ord. No. 2007-5]
Any process by which materials, which would otherwise become
waste are collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
[Added by Ord. No. 07-95]
A facility designed and operated for receiving, storing,
processing or transferring recyclable material, except that a recycling
establishment shall not include a manufacturer.
[Added by Ord. No. 07-95]
The distance between the pumping water level in a well and
10 feet above the pump intake level for that well, as measured from
the same datum (e.g., top of well casing) and measured at a specific
time.
[Added 5-9-2007 by Ord. No. 2007-5]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any street or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law. Resubdivision shall not include conveyances
so as to combine existing lots by deed or other instruments.
Local retail activities including supermarkets, department
stores, grocery stores, meat markets, seafood markets, delicatessens,
bakeries, drugstores, furniture stores, sporting good shops, gift
shops, hobby shops, stationery stores, fabric stores, florists, garden
centers, and new car dealerships, but not used car sales except as
accessory to a new car dealership; local service activities including
barber and beauty shops, tailors, dry-cleaning and laundering operations,
appliance repair shops, shoe repair shops and upholsterers; restaurants,
bars and taverns; and banks, including drive-in facilities.
A plan approved by the administrative authority, prepared
by a landscape architect, professional engineer or other qualified
professional, which evaluates the effects of any proposed activity/uses
on any RCCZ.
An area of land or water within or adjacent to a surface
water body within the municipality.
The seasonal high water table shown on the Warren County
Soil Survey, subject to field investigation.
Any billboard, ground sign, road sign, illuminated sign,
temporary sign or sign printed on the exterior surface if a building
or structure or painted or printed on or permanently displayed in
any window of a building or structure, including any announcement,
declaration, display, illustration or insignia used to advertise or
promote the interest of any person or product when the same is placed
out of doors in view of the general public.
Ownership by one person or ownership by two or more persons
jointly, or as tenants by the entirety, or as tenants in common, of
a separate parcel of real property.
The total area of impervious surfaces on a lot expressed
as a percentage of total lot area.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
Any other information that may be reasonably required in order to make an informed determination, pursuant to the provisions of Chapter 362 requiring review and approval of site plans.
See "major site plan."
See "minor site plan."
The examination of specific development plans for a lot.
Wherever the term "site plan approval" is used in these chapters,
it shall be understood to mean review and approval by the approving
authority designated herein.
An energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, that is
used to generate electricity and has a nameplate capacity of 100 kilowatts
or less which converts wind energy by means of a rotor into electrical
power for the primary purpose of meeting all or a part of a dwelling's
energy requirements and has a rated capacity consistent with applicable
provisions of the State Uniform Construction Code promulgated pursuant
to the "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A.
52:27D-119). As used in these regulations, the primary application
of a wind energy system is the conversion of wind by a machine with
turbine apparatus (includes base, rotor blades, nacelle, tower, inverter,
batteries or other component used in the system) capable of producing
electricity by converting the kinetic energy of wind into electrical
energy. The term does not include electrical distribution or transmission
lines, or electrical substations.
[Added 8-24-2011 by Ord. No. 2011-17]
The water level in the well either before or after pumping
when all local pumping effects on the aquifer have dissipated and
the water surface in the well is in equilibrium with atmospheric pressure.
[Added 5-9-2007 by Ord. No. 2007-5]
Man-made trees, clock tower, bell steeples, light poles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennas or towers.
[Added 11-14-2001 by Ord. No. 2001-18]
A plan consistent with the purposes and policies of this
chapter which fully indicates necessary land treatment measures and
techniques, including a schedule for implementation and maintenance.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county, or municipal
roadway; or which is shown upon a plat heretofore approved pursuant
to law; or which is approved by official action; or which is shown
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a planning board and the grant
to such board of the power to review plats. It shall include 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 these chapters,
Township streets shall be classified as follows:
[Amended 12-11-1991 by Ord. No. 15-91]
COLLECTORS, MAJORStreets which carry traffic that is intracounty or intramunicipal in nature. Such streets connect minor collectors with arterials and highways.
COLLECTORS, MINORStreets which provide service to and within subdivisions. Such streets connect the local streets with the major collectors or other minor collectors, and may provide vehicular and pedestrian access to abutting properties.
LOCAL STREETSStreets which provide vehicular and pedestrian access to abutting properties. Such streets connect with minor collectors. Local streets constitute all streets not otherwise classified. Local street shall be classified into two classifications:
Class I. All streets labeled as local streets,
except those classified as Class II.
Class II. Classified as Class II local street,
it shall meet the following conditions:
Be exclusively for residential purposes.
Be a cul-de-sac, loop street or place provided
such place does not, in the opinion of the board, function to convey
vehicular traffic between two Class I streets or a Class I and a Class
II street which would necessitate it being classified Class I.
Be in a zone requiring a minimum of 225 feet
of street frontage.
Have front yard setbacks set either by zone
requirements or by covenant of at least 75 feet.
By covenant restrict all parking of vehicles
owned or operated by permanent or temporary residents of the residence
to be parked on the lot.
Provide a minimum of four parking spaces, including
garages, excluding driveways, on each lot.
ALLEYA minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
The dividing line between the future street right-of-way
as shown on the Master Plan or Official Map and the lot.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under the provisions of Chapter 362 to effect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
or subdivision committee thereof appointed by the chairman to be 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.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 362, and such other duties relating to land subdivision which may be conferred on this committee by the Board.
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than two
new lots and one remaining lot within a period of three years from
the most recent minor subdivision involving the tract as it existed
prior to the commencement of the three-year period or three years
from the date the tract was created, provided that such subdivision
does not involve a planned development, any new street, or the extension
of any off-tract improvement, the cost of which is to be prorated.
A determination by COAH approving municipality's housing
element and fair share plan in accordance with the provisions of the
act and the rules and criteria as set forth herein. A grant of substantive
certification shall be valid for a period of six years in accordance
with the terms and conditions therein.
All water produced by rain, flood, drainage, springs and
seeps flowing over the land or contained within a natural or artificial
watercourse.
Any perennial stream, intermittent stream, lake, pond or
reservoir, as defined herein. In addition, any state open waters identified
in a letter of interpretation issued by the New Jersey Department
of Environmental Protection Land Use Regulation Program shall also
be considered surface water bodies.
The dispersion or drainage of surface water by natural or
artificial means, or any overland flow of water across the ground
surface to the nearest conduit.
All damage or harm to property values, land, vegetation and
water supplies, including but not limited to flooding, soil erosion,
siltation and other pollution of watercourses and diminished recharge
of groundwater supply, which damage results or is likely to result
when surface water runoff is increased in rate, velocity or quantity.
The height above grade of the tower plus the wind generator.
[Added 8-24-2011 by Ord. No. 2011-17]
The enclosed area in which the tower and its appurtenances
are located.
An area of land comprised of one or more lots adjacent to
one another having sufficient dimensions and area to make one parcel
of land meeting the requirements of these chapters for the uses intended.
The original land area may be divided by one existing street and still
be considered one tract provided a linear distance equal to more than
75% of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
Services provided to a use including, but not limited to,
sewage treatment, water supply, gas, electric and telephone.
Permission to depart from the literal requirements of the zoning provisions as provided in Chapter 363, Zoning.
A river, stream, brook, waterway, lake, pond, marsh, swamp,
bog, or other body of water, natural or artificial, public or private,
which is contained within, flows through or borders on the Township
or any portion thereof.
An area of surface water runoff related to a point of concentration.
A man-made excavation that derives water from the fractures
or interstices of the rocks or soils which it taps.
[Added 5-9-2007 by Ord. No. 2007-5]
The flow of groundwater into a well from the aquifer following
the cessation of pumping and the corresponding rise of the water level
in the well.
[Added 5-9-2007 by Ord. No. 2007-5]
The plan of well testing proposed by an applicant submitted
for approval by the Board prior to the testing prescribed by this
chapter.
[Added 5-9-2007 by Ord. No. 2007-5]
The maximum rate at which water can be pumped for a long-term
duration from a well under normal hydrological conditions.
[Added 5-9-2007 by Ord. No. 2007-5]
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
[Added 8-24-2011 by Ord. No. 2011-17]
The monopole, freestanding, or guyed structure that supports
a wind generator.
[Added 8-24-2011 by Ord. No. 2011-17]
An antenna telecommunications towers and the users of towers
or other structures for the purposes of delivering a low-power wireless
radio communication through a network.
[Added 11-14-2001 by Ord. No. 2001-18]
The accessory structures or uses serving the tower site such
as equipment enclosures, telecommunications antennas and fences.
[Added 11-14-2001 by Ord. No. 2001-18]
A freestanding, vertical structure designed to support one
or more wireless telecommunications antennas. The height of the tower
shall not include a lightning rod. This definition shall not apply
to amateur or ham radio towers.
[Added 11-14-2001 by Ord. No. 2001-18]
An open space extending between the closest point of any
building and a lot line or street line. In an apartment or townhouse
complex, 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 tangent of curved lines and facades.
FRONT YARDAn open, unoccupied space unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the front street property line and a parallel line extending across the nearest point of the structure. For the purpose of determining the front yard, steps shall not be construed as part of the structure unless enclosed. For apartments and townhouses constructed on the interior of a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building.
REAR YARDAn open space unoccupied except by an accessory building or use as hereinafter specifically permitted extending across the full width of the lot between the rear property line of the lot and a parallel line extending across the nearest point of the structure other than an accessory building. For apartments and townhouses constructed on the interior of the lot, the rear yard shall be measured the designated distance away from the rear of the building.
SIDE YARDAn open unoccupied space unless occupied by a use as hereinafter specifically permitted, on the same lot with the building between the building and the side lot line, extending from the front yard to the rear yard. The side yard for apartments and townhouses constructed on the interior of a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building. The minimum distance between structures in an apartment or townhouse complex shall be the sum of the two yards and in no event shall two structures be closer to one another than the sum of both side yards.
