[Amended by Ord. No. 11-1987; Ord. No. 26-1987; Ord. No. 23-1989; Ord. No. 6-1992; Ord. No. 7-1992; Ord. No. 22-1993; Ord. No. 5-1994; Ord. No. 1-1995; Ord. No. 6-1997; Ord. No. 15-1997; Ord. No. 18-1997; Ord. No. 40-1997; Ord. No. 13-1998; Ord. No. 22-1998; Ord. No. 13-1999; Ord. No. 1-2000; Ord. No. 6-2000; Ord. No. 9-200l; Ord. No. 5-2002; Ord. No. 4-2003]
A. ACCESSORY BUILDING ACCESSORY USE ACTIVITY OF A CREATIVE/ARTISTIC NATURE ACTIVITY OF AN OFFICE NATURE ADMINISTRATIVE OFFICER ADULT CARE CENTER ADULT HOUSING ALTERATION OF A BUILDING AMBULATORY CARE CENTER AMUSEMENT DEVICE ANIMATED SIGN APPLICANT APPLICATION FOR DEVELOPMENT APPROVED STAIRWAY ASSISTED LIVING FACILITY ATTIC BASEMENT BEACON BERM BILLBOARD BUILDING BUILDING COVERAGE RATIO CAFE CANOPY CAPITAL IMPROVEMENT CELLAR CHILD-CARE CENTER COMMERCIAL TRAILER COMMERCIAL VEHICLE COMMON OWNERSHIP COMPREHENSIVE SIGN PACKAGE CONDITIONAL USE CONGREGATE CARE HOUSING CONGREGATE SENIOR LIVING FACILITY CONTINUING CARE FACILITY CORNER LOT DAYS DENSITY DEVELOPER DEVELOPMENT DEVELOPMENT REGULATIONS DRAINAGE RIGHT-OF-WAY DRIVE-IN RESTAURANT DRIVE-THROUGH OR DRIVE-UP FACILITY DWELLING UNIT ELECTRONIC SMOKING DEVICE FAMILY FAMILY DAY-CARE HOME FENCE FINAL APPROVAL FINAL PLAT FINAL SITE PLAN FIRST-FLOOR LEVEL FLASHING SIGN FLOOR AREA FLOOR AREA RATIO GOVERNING BODY HABITABLE FLOOR AREA HABITABLE FLOOR AREA RATIO HALF STORY HEIGHT OF BUILDING HISTORIC SITE HOSPICE IMPERVIOUS COVERAGE INDEPENDENT SENIOR LIVING FACILITY INSTITUTIONAL USE LIGHT-EMITTING DIODE (LED) LIQUID ELECTRONIC SMOKING SOLUTION LIQUID ELECTRONIC SMOKING SOLUTION CONTAINER LONG-TERM ACUTE CARE FACILITY LOT LOT AREA LOT, FLAG LOT FRONTAGE MAINTENANCE GUARANTY MAJOR OR ANCHOR TENANT MAJOR SUBDIVISION MASTER PLAN MINOR SITE PLAN (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (2) MINOR SUBDIVISION MULTIFAMILY DWELLING MULTIPLE MESSAGE SIGN MUNICIPAL AGENCY NATURAL/EXISTING GRADE NEON SIGN NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE NURSING HOME OFFICIAL MAP OFF TRACT ON TRACT OPEN SPACE OPEN SPACE ZONING or RESIDENTIAL CLUSTER OWNER PARKING AREA PARKING SPACE (1) (2) PARKING STRUCTURE PERFORMANCE GUARANTY PLAT PRELIMINARY APPROVAL PRELIMINARY PLAT PRELIMINARY SITE PLAN PRINCIPAL USE OR STRUCTURE PRIVATE GARAGE PRIVATE SWIMMING POOL PRIVATE TENNIS COURT PUBLIC DRAINAGEWAY PUBLIC GARAGE OR FILLING STATION PUBLIC OPEN SPACE QUORUM RESUBDIVISION RETAINING WALL ROOF SIGN SENIOR CITIZEN HOUSING (1) (2) (3) SIGN SINGLE-FAMILY DWELLING STRUCTURE SINGLE OWNERSHIP SITE PLAN (1) (2) (3) SITE PLAN COMMITTEE STORAGE GARAGE STORY STREET STRUCTURE SUBDIVIDER SUBDIVISION (1) (2) (3) (4) (5) SUBDIVISION/SITE PLAN COMMITTEE SURGERY CENTER TELECOMMUTING THERAPEUTIC AND LIFE SKILLS CENTER FOR PERSONS WITH DEVELOPMENTAL DISABILITIES TOWNHOUSE TRANSCRIPT VAPOR PRODUCT VEHICLE SIGN WIRELESS TELECOMMUNICATIONS ANTENNA WIRELESS TELECOMMUNICATIONS ANTENNA, ROOF-MOUNTED WIRELESS TELECOMMUNICATIONS FACILITIES WIRELESS TELECOMMUNICATIONS TOWER YARDS (1) (2) (3) ZONING OFFICER
As used in this chapter, the following terms shall have the meanings indicated:
Subordinate building or structure on the same lot with a main building, or a portion of such main building, occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner as by a wall or roof, such accessory building shall be considered to be part of the main building.
Use naturally and normally incident and subordinate to the main use of the premises or lot.
Residence-based business activity of tutoring, fine arts instruction, music instruction, composing, writing, painting or sculpting.
Residence-based business activity which does not involve on-premises retailing, wholesaling, jobbing, manufacturing, repairing, altering, assembling, storing, warehousing or distributing any products or goods, or an on-premises activity of a creative/artistic nature, or on-premises provision of any services directly to persons or other creatures.
The Township Planning Director unless a different Township official is designated by this chapter or statute.
A facility providing for social and recreational activities, meals, entertainment and related services for the elderly or other persons in need of similar services on a daily basis without overnight accommodations.
[Added 8-19-2013 by Ord. No. 22-2013]
A building or group of buildings, with each building containing individually-owned dwelling units, with occupancy of at least 80% of the units restricted by deed or other instrument to residents among whom the primary occupant(s) is/are at least 55 years of age; and dining, recreational and personal services specifically designed to meet the physical and social needs of its residents.
Any change in the supporting members of a building; any addition to or diminution of a building; a change in use from that permitted in one zone district to a use permitted in another; any conversion of a building or a part thereof; or the removal of a building from one location to another.
A facility, operated by a public or private hospital, at which such hospital provides on an outpatient basis and as the primary activity of the facility: medical treatment, including but not limited to diagnosis, testing, therapy, same-day surgery, dialysis, and rehabilitation, by doctors, nurses and others licensed by the State of New Jersey to provide such care.
[Added 4-9-2007 by Ord. No. 8-2007]
Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk or key into a slot, crevice or other opening or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and shall include, without limitation, such devices as long or other types of electronically operated game devices, skillball, mechanical games, operations or transactions similar thereto, by whatever name they may be called, and shall not include pool or billiard tables.
Any sign that uses movement, video, digital technology, LED (light emitting diode), scrolling or change of lighting to depict action or the illusion of movement or to create a special effect or scene or to change effects, scenes or messages.
[Added 10-20-2008 by Ord. No. 33-2008; amended 6-15-2009 by Ord. No. 26-2009]
A developer submitting an application for development.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-36.
A permanent accessway that allows for uninterrupted ingress to or egress from a space within a structure. A mechanically or manually operated or pull-down stair, or an opening requiring the placement of a ladder or other device for access, is not an approved stairway.
[Added 9-5-2006 by Ord. No. 40-2006]
A facility which is licensed by the State of New Jersey to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for 50 or more adult persons unrelated to the proprietor, with no more than two persons per unit, such persons either being related or consensual as to the living arrangement. The individual residential units shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable entrance door.
That part of a building that is immediately below and is wholly or partly within the roof framing and that is not served by an approved stairway for ingress or egress.
[Added 9-5-2006 by Ord. No. 40-2006]
An area partially or completely below grade, with either more than 1/2 of its floor-to-ceiling height above the finished grade of the adjoining ground on all sides or with the ceiling of the space more than four feet above the finished grade of the adjoining ground at any point.
[Amended 9-5-2006 by Ord. No. 40-2006]
A stationary or revolving or otherwise moving light that flashes, blinks, flickers, or projects illumination in one or more colors or intensities in any manner that attracts or diverts attention for any reason other than public safety.
[Added 10-20-2008 by Ord. No. 33-2008]
A mound of earth or the act of aggregating earth into a mound.
[Added 8-19-2013 by Ord. No. 21-2013]
A sign, graphic or display, whether freestanding or mounted on or a part of a building or structure, that advertises or directs attention to anything other than a business, product, service, function or other activity offered upon the premises where the sign is located.
[Added 10-20-2008 by Ord. No. 33-2008]
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
The ratio of the horizontal area measured from the exterior surface of exterior walls of the largest floor of all principal and accessory buildings on a lot to the total lot area.
An accessory service, within a retail store or office building, offering hot and/or cold nonalcoholic beverages, hot and/or cold sandwiches and baked goods, soups, candies and snacks and which may provide seating for on-premises consumption.
[Added 4-17-2006 by Ord. No. 18-2006; amended 2-28-2011 by Ord. No. 5-2011]
A roof-like ornamental architectural structure generally made of a cloth material.
A governmental acquisition of real property or major construction project.
An area partially or completely below grade, with less than 1/2 of its floor-to-ceiling height above the finished grade of the adjoining ground on all sides; and with the ceiling of the space less than four feet above the finished grade of the adjoining ground at all points.
[Added 9-5-2006 by Ord. No. 40-2006]
Any facility which is maintained for the care, development or supervision of six or more children who attend the facility for less than 24 hours a day as defined in N.J.S.A. 30:5B-3, as may be amended hereafter, and subject to the further requirement that such facility be licensed by the New Jersey Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq.[1]
Any vehicle which is or may be mounted on wheels, with or without independent motive power, designed for being pulled on a street by a motor vehicle for the purpose of carrying persons or property, and either has a commercial vehicle license plate; contains exterior lettering identifying it as being used for business or other commercial use; or is designed for or primarily devoted to business or other commercial use.
Any truck, automobile or other motor vehicle of any kind which either has a commercial vehicle license plate; contains exterior lettering identifying it as being used for business or other commercial use; or is designed for or primarily devoted to business or other commercial use.
Ownership of two or more contiguous parcels of real property by one owner or by two or more owners owning such property jointly, or as tenants by the entirety, or as tenants in common.
An element of a site plan for nonresidential or mixed-use development buildings that includes detailed information and scaled graphics, presented in a clear and concise manner, for all elements of the signage when three or more types of signage are proposed therein; including but not limited to purposes, locations, dimensions, square footage, color palettes, design character, font types and sizes, illumination, visual effects, mechanical or electric characteristics, construction materials, design relationship to the buildings and landscaping, lines of sight if intended to be visible to motorists, and impacts upon public safety or health or upon other property in the vicinity.
[Added 2-23-2009 by Ord. No. 2-2009]
A use permitted in a particular zone 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 this chapter and upon the issuance of an authorization therefor by the Planning Board.
A residential facility in which congregate dining and other services are provided to residents; occupants reside in individual apartment-type dwelling units, which may include an efficiency kitchen but not a full-service kitchen with a cooking surface; and the primary occupant of each unit either is at least 55 years of age or qualifies as being handicapped or disabled under state or federal law. This term is intended to include residential facilities which are similar to assisted living facilities. This term is included to exclude all other residential facilities, including but not limited to nursing homes, independent senior citizen housing and adult housing as defined in this section.
A residential facility in which congregate dining and other services are provided to residents; occupants reside in individual apartment-type units, which may include an efficiency kitchen; and the primary occupant of each unit is at least 55 years of age. This term is intended to exclude adult housing, senior citizen housing, independent senior living facilities, assisted living facilities, nursing homes and any residential facility requiring a certificate of need.
A building or group of buildings devoted to a combination of uses, including assisted living facility and/or nursing home uses, as defined in this section.
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.
Calendar days.
The permitted number of dwelling units per gross area of land to be developed.
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 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.
The Township zoning regulations, subdivision regulations, site plan regulations, Official Map regulations or any other Township 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 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 Chapter 1A of Title 58 of the Revised Statutes, and including lands intended as flood control basins.
A business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposable wrappers or containers and served at counters either inside or outside the confines of a building, or to persons in motor vehicles, so as to be intended for immediate consumption either within or without the building or in motor vehicles while parked on the premises.
A building design aspect, or any physical facility (other than a vehicle fueling facility at a public filling station), that permits customers or patrons in vehicles to engage in business transactions with a business at that building or facility while remaining in their vehicles.
[Added 12-15-2008 by Ord. No. 43-2008]
A unit comprising living accommodations designed and used for occupancy by only one family.
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
[Added 7-16-2018 by Ord. No. 8-2018]
Up to three persons unrelated by blood, marriage or adoption living privately together as a single housekeeping unit and using certain rooms and cooking facilities in common. Nothing herein contained shall be construed to prevent the placement of foster children by the New Jersey Division of Youth Services or a duly incorporated child welfare agency with families living in a one-family zone.
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
Any structure, including a wall, made of wood, metal, plastic, stone or other material, or any combination of materials (other than solely of living vegetation), erected or maintained for the purpose of fully or partially enclosing an area of real property or dividing or separating real property into distinct portions or separating contiguous pieces of real property.
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 approval conditioned upon the posting of such guaranties.
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with a county recording officer. A final plat shall have affixed thereto a seal of a licensed land surveyor in compliance with all provisions of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.). This must be filed with the appropriate county officials within 90 days after final approval is granted.
The floor of the cellar or basement of any building or structure or the highest point of the concrete slab used as the first floor of the building or structure where there is no cellar or basement.
Any illuminated sign or display all or any portion of the illumination of which is not kept constant. A sign or display, or portion of a sign or display, that shows only changing date, time or temperature or any combination of the three shall not be deemed a flashing sign.
[Added 10-20-2008 by Ord. No. 33-2008]
The area of all floors computed by measuring the dimensions of the outside walls of a building, excluding attic and basement floors, porches, patios, terraces, breezeways, verandas and residential garages.
The sum of the area of all floors of buildings or structures compared to the total area of the site.
The Township Council of the Township.
The sum of the gross horizontal area of all the stories, and half stories, of a building as measured from the exterior face of exterior building walls, or from the center of a wall separating two buildings. In a residential building any basement, cellar or attic, including walk-out basements, and the first 450 square feet of any garage space, shall not be included in the calculation of habitable floor area.
[Added 9-5-2006 by Ord. No. 40-2006; amended 8-9-2021 by Ord. No. 17-2021]
The sum of the habitable floor areas of the principal building on a site divided by the total area of the site.
[Added 9-5-2006 by Ord. No. 40-2006; amended 8-9-2021 by Ord. No. 17-2021]
A space under a sloping roof and in which the possible floor area with head room of 6.5 feet or more occupies no more than 50% of the total floor area of the story directly beneath.
[Added 9-5-2006 by Ord. No. 40-2006]
The averaged vertical distance, measured at a minimum of four corners of the building, to the highest point of the building from the original lot grade or from the lot grade on a site plan, subdivision plan, or other plan as approved by the appropriate municipal agency or department. However, the lot grade from which the measurement is taken shall not consist of mounding, terracing or any devices or means designed or employed to allow increased building height.
[Amended 9-5-2006 by Ord. No. 40-2006]
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as having historical, archaeological, cultural, scenic or architectural significance.
A facility for terminally ill persons that is designed to assist patients with a life expectancy of six months or less. The facility may be part of a nursing home, assisted living facility or a unit of the hospital building.
[Added 8-19-2013 by Ord. No. 22-2013]
Coverage of land by buildings, structures, pavement (including sidewalks) and other land improvements which prevent or are likely to prevent normal stormwater absorption into the ground, but not including detention and retention facilities.
A building or group of buildings containing dwelling units which are restricted by deed or other instrument to occupancy by no more than two persons, with the primary occupant being at least 55 years of age. Due to death, a surviving household member of less than 55 years of age shall be allowed to remain.
[Amended 8-8-2005 by Ord. No. 20-2005]
Use by churches, synagogues and other like buildings devoted primarily to worship; public, parochial and nonprofit elementary schools, junior high schools and high schools accredited by the New Jersey Department of Education; and quasi-public nonprofit hospitals.
A technology utilizing solid-state devices to convert electric energy directly into light.
[Added 3-15-2010 by Ord. No. 8-2010]
Any solution which is designed or sold for use with an electronic smoking device.
[Added 7-16-2018 by Ord. No. 8-2018]
A bottle or other container of liquid, wax, gel or other substance, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product but does not include containers prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
[Added 7-16-2018 by Ord. No. 8-2018]
A facility licensed or approved by the State of New Jersey and primarily providing acute care through a broad spectrum of clinical care and rehabilitative services for acutely ill/medically complex patients requiring an extended stay after discharge from a public or private hospital or a licensed health care facility; but does not include a facility that provides care or services for patients whose primary needs are in respect of addiction or mental health.
[Added 4-9-2007 by Ord. No. 8-2007]
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.
The total square unit contents included within lot lines.
A flag-lot is a lot not meeting the minimum frontage requirements and where access from the lot to the street is by a private right-of-way or driveway whether part of the lot or by easement.
[Added 2-22-2015 by Ord. No. 7-2016]
That part of the lot that is coincidental to any abutting street right-of-way line. A corner lot shall be deemed to have frontage on any abutting street. In the case of a lot extending from one street to another, said lot shall be construed as having two front yards, and the front yard setback from each street shall be complied with.
Any security which may be accepted by the Township for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in § 170-68C and cash.
A shopping center tenant whose total floor area exceeds 15% of the total floor area of the shopping center, except that in no event shall there be more than three such tenants in one shopping center.
Any subdivision not classified as a minor subdivision or resubdivision.
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
[Added 9-5-2006 by Ord. No. 33-2006; amended 8-6-2007 by Ord. No. 27-2007; 11-26-2012 by Ord. No. 16-2012; 5-19-2014 by Ord. No. 11-2014; 10-20-2014 by Ord. No. 22-2014; 3-9-2015 by Ord. No. 1-2015; 9-19-2016 by Ord. No. 26-2016; 3-25-2019 by Ord. No. 6-2019]
A site plan of one or more lots a) in a nonresidential district, or b) containing an existing nonconforming nonresidential use in a residential district, or c) containing a conditional use, for approval of, or including, the installation, erection, expansion, replacement or relocation of one or more of the following:
Number off-street parking spaces when there is a change in use from one previously approved to another specifically permitted in the zoning district;
Approval of entrance, exit or condition of use signs at an existing off-street parking area when of a size greater than the five square feet of area or three feet of height that can be approved by the Construction Official under § 170-94A(3);
Redesign of the layout or internal traffic flow of an existing off-street parking area;
One or more electric docking ports to service vehicles parked in an existing off-street parking area;
Barrier-free access for persons with disabilities;
Emergency vehicle access to the site;
Fire lanes;
An agreement for shared parking, on-site or off-site, for uses within the same district;
A refuse or solid waste storage and collection area and its screening;
An increase in a building's footprint not exceeding the lesser of 600 square feet or 10%;
Facade alteration or increase in height;
An accessory storage structure not exceeding 100 square feet gross floor area and a height of 10 feet;
Wall or window signage or a comprehensive sign package when such signs do not include exposed light-emitting diode (LED) technology;
A fence or retaining wall;
Emergency power generation capacity not exceeding 2,000 kW;
A ground-mounted small solar energy system serving an existing on-site building;
Establishment of outdoor seating on-site for consumption of food or beverages by patrons with a number of seats in excess of the number that can be authorized by seasonal permit pursuant to § 170-92.1;
A playground at a use for which a playground is a customary and incidental use;
Change to the Livingston Town Center Comprehensive Mixed-Use Sign and Awning Package;
Provided always that such site plan 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 and does not involve approval of:
A subdivision of land for not more than five lots, provided that such subdivision does not involve:
A dwelling unit located in a building containing one or more similar units which are adjoining above, below or to the side and which may share common facilities, such as entryways, hallways and utility systems.
Any sign or display, or any portion thereof, on or in which all or any portion of text, special effects, scenes or symbols (other than depiction of date, time or temperature or any combination of the three) are changed by mechanical, electrical or electronic means, or by digital technology, two or more times per twenty-four-hour period.
[Added 10-20-2008 by Ord. No. 33-2008]
The Township Planning Board or Board of Adjustment or Township Council when acting pursuant to this chapter.
The elevation of the ground level in its natural state before construction, filling or excavation.
[Added 8-19-2013 by Ord. No. 21-2013]
A self-luminous electric sign, usually constructed of glass tubing, containing a vapor or gas and configured to form a display or lettering. It includes any neon construction that frames a window or door or is purely decorative.
[Added 10-20-2008 by Ord. No. 33-2008]
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 reasons 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 or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
A residential facility licensed or regulated by the State of New Jersey that provides room, meals, and help with daily functioning for persons with chronic physical or cognitive disabilities that prevent them from living on their own. A nursing home may provide short-term, intermediate-term or long-term accommodations. The term “nursing home” excludes long-term acute care facilities and all other residential facilities defined in this section.
[Added 4-9-2007 by Ord. No. 8-2007]
A map adopted by ordinance pursuant to Article 5 of N.J.S.A. 40:55D-1 et seq. Such map shall be deemed conclusive with respect to the location and width of streets and public drainageways and location and extent of flood control basins and public areas, including public parks, playgrounds, trails, paths and other recreational areas, public open spaces, scenic and historic sites, sites for schools and other public buildings and structures, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
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 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.
A permitted reduction in lot size and lot area requirements in major subdivisions in the R-1 Zone in which the density requirements are maintained and where all resulting undeveloped land within said subdivision is set aside for a common or public open space as an appurtenance.
Any individual, firm, association, partnership or corporation having proprietary interest in the land sought to be processed for development under this chapter.
An open area other than a street or other public way used for parking of motor vehicles, which shall include parking spaces and service aisles as herein defined and regulated but shall not include access drives from a public thoroughfare.
A rectangular space designed to be used as an accommodation for off-street motor vehicle parking, exclusive of access drives or aisles. The minimum dimensions of a parking space shall meet the following standards:
Minimum width: nine feet, except for parking areas in nonresidential zones designed to accommodate employees and visitors of the permitted use, in which case the minimum width may be reduced to 8 1/2 feet if indicated on the paved area with hairpin striping. This shall not be construed to permit parking spaces to be reduced to a minimum width of 8 1/2 feet where said spaces are primarily designed to serve retail sales and service establishments. "Hairpin striping" shall be the demarcation of each parking space by a double parallel line on each side of said space. The width of each double line shall be four inches, the distance between the parallel lines on each side of the parking space shall be 10 inches, and the distance between the inside parallel lines on opposite sides of each parking space shall be at least seven feet.
Minimum length: 20 feet, provided that any parking space that extends beyond a curb along the periphery of a parking area, as approved by the Planning Board, need only be 18 feet in length measured from the face of the curb to the edge of the required aisles. All parking spaces shall have adequate provisions for ingress and egress as required by § 170-94B(10) of this chapter.
A building or structure of more than one level, used as an accommodation for off-street parking of motor vehicles, which shall include parking spaces, service aisles and ramps for access and egress between levels.
[Added 8-4-2008 by Ord. No. 24-2008]
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a final subdivision or site plan, including but not limited to surety bonds, letters of credit under the circumstances specified in § 170-67A and cash.
The map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Director for Planning Board consideration and preliminary approval and meeting the requirements of Article IX of this chapter.
The preliminary development plan indicating the proposed layout of the site which is submitted to the Planning Director for Planning Board consideration and preliminary approval and meeting requirements of Article IX of this chapter.
The primary or predominant use of any lot. A principal structure is one devoted to the principal use.
A detached accessory building or a portion of a principal building having a minimum inside dimension of 12 feet in width and 20 feet in length, used only for the storage of motor vehicles owned or used by the occupant of the principal building to which the garage is an accessory.
Any artificially constructed basin or other structure for the holding of water for use by the occupant, 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 having a capacity of less than 500 gallons.
Any artificially constructed surface and appurtenances used for the conduct of sport, including but not limited to tennis, paddleball, platform tennis and handball.
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 biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution.
Any building, premises or land in which or upon which a business, service or industry involving the storage, maintenance, washing or servicing and storage in connection therewith, of motor vehicles is conducted or rendered.
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.
The majority of the full authorized membership of a municipal agency.
The changing or moving of any property line, provided that no additional lots are created. "Resubdivision" shall also include the assembly of two or more lots into a fewer number of lots than existed prior to the resubdivision.
A wall, made of brick, stone, cinder block or similar masonry material or of concrete faced with brick or stone or of wood or of any other material, or of any combination of materials, and required in order to prevent collapse or erosion because the property to be retained is at a natural grade higher than that of the property toward which the wall faces.
Any sign affixed to the roof of a building or structure.
[Added 10-20-2008 by Ord. No. 33-2008]
A building or group of buildings containing one or more dwelling units, the occupancy of which is restricted by deed or other instrument to a person or persons in any one of the following categories:
Up to two individuals, both of whom are 62 years of age or older.
A man and wife, either one of whom is 62 years of age or older.
A single person over age 20 but under the age of 62 living with either of the above, when the presence of said person is essential to the physical care or support of either of the above.
Any sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, banner or canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when the same is placed out of doors in view of the general public.
A suite of one or more rooms designed for occupancy by one family, plus not more than two roomers or boarders where permitted; provided, however, that any family consisting of two or three unrelated members shall not be permitted to have roomers or boarders.
Ownership by one owner or by two or more owners, whether jointly, as tenants by the entirety or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.
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, lighting and screening devices.
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
A Committee of at least three Planning Board members appointed by the Chairman of the Board for purposes of reviewing site plans for a report back to the entire Board and such other duties relating to land development which may be conferred on this Committee by the Board and the Board's bylaws.
Any building, except a private garage as defined above or a public garage as defined above, used exclusively for the storage of motor vehicles or construction equipment.
That portion of a building included between the surface of any floor above the average elevation of ground at the foundation wall and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, is shown upon a plat heretofore approved pursuant to law, is approved by official action as provided by this chapter or is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed 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 this chapter to effect a subdivision of land hereunder for himself or another, and with the owner's written consent presented to the Planning Board.
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 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 by 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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Township. The term "subdivision" shall also include the term "resubdivision."
A Committee of at least three, but always less than a quorum of, Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions and site plans, and such other duties as relate to land subdivision or site plans which may be conferred on this Committee by the Board and the Board’s rules of procedure, for determination of whether the subdivision or site plan is a minor subdivision or a minor site plan, and this Committee may then grant approval of such subdivision or site plan or, in its discretion, make recommendations to the Board in respect of action thereon.
[Amended 9-5-2006 by Ord. No. 33-2006; 6-7-2010 by Ord. No. 19-2010]
A health care facility that specializes in providing surgery and diagnostic services in an outpatient setting, and which is licensed as an ambulatory surgery facility, separate and apart from any other facility license.
[Added 8-19-2013 by Ord. No. 22-2013]
Working at home, by a resident, one or more days a week, utilizing telephonic, electronic or other technology to perform work which would otherwise be performed by the resident at a workplace elsewhere than at the person's residence.
A facility offering learning programs designed to provide educational, wellness, creative arts and enrichment opportunities to persons with developmental disabilities.
[Added 5-23-2016 by Ord. No. 20-2016]
One of a series of single-family dwellings attached by a common wall between it and the adjacent unit or units, together with individual front and rear entrances and yards designed as an integral part of each unit and having been constructed in conformity with an approved development plan.
A typed or printed verbatim record of the proceedings or reproduction thereof.[2]
Any noncombustible product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce vapor from a solution or any form, including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device, and any vapor cartridge or other container in a solution or other form intended to be used with, or in, any such device.
[Added 7-16-2018 by Ord. No. 8-2018]
Any sign displayed on a motorized or towable vehicle, whether the vehicle is in motion or parked, when the predominant purpose of the then operation or location of the vehicle is to advertise a business, product, service, function or other activity.
[Added 10-20-2008 by Ord. No. 33-2008]
A device used for sending or receiving low power electromagnetic waves used for the delivery of wireless radio telecommunications through a network.
A wireless telecommunications antenna mounted to the roof of a building rather than being part of a wireless telecommunications tower.
Buildings, structures, equipment, antennas and towers for the delivery of wireless radio telecommunications through a network.
A vertical structure designed principally to elevate and support wireless telecommunications antennas, which is freestanding and is not attached to a building or a structure, having an independent principal purpose or function.
FRONT YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending across the full width of any lot and lying between the front street right-of-way line and the nearest line of any building on said lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the Master Plan of the Township, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on said Master Plan rather than from the existing front street right-of-way line. No steps, fence, wall or any other aboveground object which is appurtenant to the private property shall extend into any street right-of-way in any zone district. Front steps, terraces, porches or balconies extending not more than 72 inches from the front line of any building and within the required front yard or a front yard not conforming as to setback shall not be construed as part of said building or as in violation of a required front yard setback if not closer than 15 feet to the public sidewalk or the front street right-of-way line unless enclosed on one or more sides by a wall (other than the building front facade, railing, screen, or other means, higher than 36 inches.
[Amended 6-7-2010 by Ord. No. 19-2010; 10-20-2014 by Ord. No. 23-2014]
REAR YARDAn open, unoccupied space, unless occupied by an accessory building or use hereinafter specifically permitted, extending across the full width of any lot between the rear line of any principal building thereon and the rear lot line of said lot. Stoops, steps, terraces or balconies extending not more than 48 inches into the required yard shall not be construed as part of the building unless said projections are enclosed on one or more sides.
SIDE YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the side line of the principal building nearest thereto. Stoops, steps, terraces or balconies extending not more than 48 inches into the required yard shall not be construed as part of the building unless said projections are enclosed on one or more sides.
The Construction Official of the Township.
B.
Terms. In the construction of this chapter, the present tense shall include the future; the singular number shall include the plural; and the plural, the singular. The word "shall" is always used in its mandatory and not its permissive sense; and "may" is always used in its permissive sense and not its mandatory sense. The words "zone" and "district" are synonymous.
