[Amended 3-13-1978 by Ord. No. 0-78-5; 6-9-1980 by Ord. No.
0-80-6; 7-29-1980 by Ord. No. 0-80-117-29-1980 by Ord. No. 0-80-12; 9-14-1981 by Ord. No. 0-81-21; 12-12-1983 by Ord. No.
0-83-25; 4-12-1995 by Ord. No. 0-95-11; 3-11-2020 by Ord. No. 20-02]
As used in this chapter, the term "shall" indicates a mandatory
requirement, and the term "may" indicates a permissive action, and
the following words and phrases shall have the meanings ascribed to
them in this section unless the context otherwise requires:
ADMINISTRATIVE OFFICER
The Township Planner, or, in the absence of the Planner,
the Township Planning Consultant's representative shall be the
Administrative Officer.
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or adjacent property, such as improper circulation
and drainage rights-of-way, inadequate drainage facilities, insufficient
street widths, unsuitable street grades, unsuitable street locations
to accommodate prospective traffic or coordinate and compose a convenient
system, locating lots in a manner not adaptable for the intended purposes
without danger to health or peril from flood, fire, erosion or other
menace, providing for lots of insufficient size and neither providing
nor making future allowance for access to the interior portion of
the lot for other facilities required by this chapter.
AGRICULTURAL PURPOSES
The use of land solely for the growing and harvesting of
crops and/or the raising and breeding of animals.
APPLICANT
A person submitting an application for development, to engage
in soil removal, or to engage in soil disturbance.
APPLICATION FOR DEVELOPMENT
The application or appeal form and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
for the issuance of a special permit.
BOARD OF ADJUSTMENT
The Board of Adjustment established pursuant to Article
II, Section 1, of the Land Use Procedures Ordinance of the Township of Plainsboro.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy or use and having
a roof.
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
COMMON OPEN SPACE
An open space 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 and/or the general public.
Common open space may contain such complementary structures and improvements
as are necessary and appropriate for its use or enjoyment.
COMPLETE APPLICATION
An application form completed as specified by this chapter
and the rules and regulations of Plainsboro Township and all accompanying
documents required by this chapter for approval of the application
for development, including, where applicable, but not limited to a
site plan or subdivision plat, provided that the municipal agency
may require such additional information not specified in this chapter
or revisions to the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of such additional
information or any revisions to the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of Plainsboro Township and
shall be deemed complete as of the day it is so certified by the administrative
officer for the purposes of the commencement of the time period for
action by the municipal agency.
CONCEPTUAL APPROVAL
Approval of a general development plan pursuant to the provisions
of the PCD Ordinance (former Section XIX of the Zoning Ordinance) that were in effect prior to the enactment of this chapter.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by
the Planning Board.
CONDITIONAL USE APPROVAL
The authorization to conduct a particular conditional use
in a particular zone. It is issued by the Planning Board upon proof
that all the criteria for the use have been met by the applicant.
Any applications seeking exceptions to that criteria shall be considered
as an application for a use variance and shall be made to the Zoning
Board of Adjustment, which shall have the authority to grant the approval
under those circumstances.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or any other person
having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structures or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this chapter.
DEVELOPMENT REVIEW COMMITTEE
An advisory committee established pursuant to Section 9.1
of the Land Use Procedures Ordinance of the Township of Plainsboro for the purpose of reviewing developmental applications
pending before the Planning Board or, upon referral, applications
pending before the Zoning Board which would require site plan or subdivision
approval. Such review is undertaken prior to action by the particular
Board to determine whether such application complies with all ordinance
provisions. Other duties related to site plans and/or subdivisions
may be conferred on this Committee by the Planning Board through a
motion duly adopted or recorded.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, and including control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, 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.
EASEMENT
A right granted to the Township or other governmental authority
for the use of private land for certain public and quasi-public purposes.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily
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 guaranties properly
posted for their completion, or an approval conditioned upon the posting
of such guaranties.
FLOOD HAZARD AREA
The relatively flat terrain adjoining a water channel which
has been or may be hereafter covered by floodwater of the channel.
FLOOR AREA, GROSS
The total area of all the stories of all the structures on
a lot, measured from the outside faces of the exterior walls or from
the exterior roof edges where a structure has no walls, and including
the following, although not by way of limitation: interior balconies
and mezzanines, roofed areas, such as porches and carports, and basement
space, but excluding rooftop, roofed or enclosed area that is used
for parking space.
HOME OCCUPATION
Any indoor activity carried out by a resident for gain in
a dwelling unit or in an accessory building which is clearly incidental
and secondary to the use of the dwelling unit for residential purposes
for which conditional use approval is required.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality,
plus improvements and fixtures on, above or below the surface.
LOT
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law, to be used, developed or
built upon as a unit.
MAINTENANCE GUARANTY
Any security, other than cash, that may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
MAP FILING LAW
Chapter 141 of the Laws of New Jersey 1960, as amended from
time to time.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board pursuant to Article 3 of the Municipal
Land Use Law.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or Township Committee,
or any agency created by or responsible to one or more municipalities,
when acting pursuant to this chapter.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application or within a contiguous portion of a street
or right-of-way.
OFF-TRACT
Located neither on the property that is the subject of a
development application nor on a contiguous portion of a street or
right-of-way.
OFFICIAL MAP
A map adopted by the governing body pursuant to Article 5
of the Municipal Land Use Law.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment 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.
PCD PLANNED UNIT DEVELOPMENT
An area that is specified on the Zoning Map as having a district
classification of PCD Planned Unit Development and which is to be
developed as a single entity according to a plan, containing one or
more residential developments or one or more public, quasi-public,
business and commercial or office, research, industrial areas in the
ranges of ratios of nonresidential uses to residential uses as are
specified in Section XIX of the Zoning Ordinance.
PERFORMANCE GUARANTY
Any security that may be accepted by the municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.
PLANNING BOARD
The Planning Board established pursuant to Article
I, Section 1, of the Land Use Procedures Ordinance of the Township of Plainsboro.
PLAT
The map of a subdivision or site plan and is used interchangeably
in this chapter with "plan."
A.
MINOR PLATThe map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
B.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
C.
FINAL PLATThe final map of all or a portion of the subdivision or site plan which is presented by the Planning Board for final approval in accordance with this chapter.
PMUD PLANNED UNIT DEVELOPMENT
An area that is specified on the Zoning Map as having a district
classification of PMUD Planned Unit Development and which is to be
developed as a single entity according to a plan, containing one or
more residential developments or one or more public, quasi-public,
business and commercial, office, research, industrial or educational
research areas in the ranges of ratios of nonresidential uses to residential
uses as are specified in Section XXI of the Zoning Ordinance.
PRELIMINARY APPROVAL
The conferral of certain rights as to site plans and major subdivisions pursuant to §
85-47 prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas and public open spaces; special and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DRAINAGEWAY
The land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation
and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
municipality, a municipal agency, the regional board of education,
a state or county agency or any other public body for recreational
or conservational uses.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law. Not included are conveyances merely
combining existing lots by deed or other instrument.
SEDIMENTATION
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
SIGHT TRIANGLE EASEMENT AT INTERSECTION
A triangular shaped area established in accordance with the
requirements of this chapter in which no grading, planting or structure
shall be erected or maintained, except for street signs, fire hydrants
and lighting structures.
SITE
Any plot, zone lot of record or parcel of land.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs and
lighting and screening devices; and any other information that may
be reasonably required in order to make an informed determination
concerning the adequacy of the plan in accordance with the requirements
of this chapter.
A.
MINOR SITE PLANAny development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign or off-street parking area, as such accessory uses specifically permitted in this chapter, provided that major site plan approval has previously been granted for the principal use(s). Applications for "minor site plan" approval shall be reviewed and acted upon by the same municipal agency which acted upon the previously approved major site plan.
SOIL
Any unconsolidated mineral and organic material of any origin.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way that is an existing state, county or municipal roadway,
or that is shown upon a plat heretofore approved pursuant to law,
or that is approved by official action as provided in this chapter,
or that 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, includes
the land between the street lines, whether improved or unimproved,
and whether or not comprising pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas.
STREET LINE
The edge of the existing right-of-way or future street right-of-way
as shown on the Master Plan or Official Map, whichever would result
in the widest right-of-way, and which line forms the division between
the street and lot, or if there shall be no Master Plan or Official
Map, the dividing line between the lot and the street.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operation.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SUBDIVISION
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;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
A.
MINOR SUBDIVISIONAny division of land containing an aggregate of not more than four lots (three new lots and the remaining parcel), including the number of lots, parcels and lands resulting from any prior subdivisions of the same land and any lands, lots or parcels from which the land sought to be subdivided arose prior to June 28, 1954, each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Township facilities; not involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision; not adversely affecting the development of the remainder of the parcel or adjoining property; and not in conflict with any provision of the Master Plan, Official Map or this chapter.
TENTATIVE APPROVAL
Approval of a tentative plan of development pursuant to the
provisions of the PMUD Ordinance (former Section XXI of the Zoning
Ordinance) which were in effect prior to the enactment of this chapter.