As used in this chapter, the following words shall have the
meaning hereinafter set forth:
A subordinate detached structure on the same lot with a principal
structure and customarily incidental to the principal building or
use. Where an accessory structure is attached to a principal structure
in a substantial manner, by a wall or roof, such accessory structure
shall be considered part of the principal structure.
A use naturally and normally incident and subordinate to
the principal use of a structure or lot and located on the same lot
as the principal use to which it relates.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
An extension or increase in floor area or height of an original
building or structure, at some time after the completion of the original.
The Land Use Board or Construction Office with all of the
powers delegated, assigned, or assumed by them according to statute
or ordinance.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
All land areas associated with agricultural production. The
greatest amount of these lands would be areas used in the active cultivation
of crops, both row and field crops. Also included, however, are pasturelands
and grazing lands associated with horse- or cattle-raising operations,
orchards, vineyards, nurseries and other horticultural areas, and
confined feeding operations. In addition, other lands used in support
of the agricultural activities, such as the farmsteads, associated
barns, stables, and corrals, among others, are also included.
A facility used for the wholesale or retail sale of the processed,
packaged or converted agricultural output of a commercial farm, and
products that contribute to farm income. At least 51% of the annual
gross sales of the business shall be generated from sales of agricultural
output of the commercial farm, or at least 51% of the sales area shall
be devoted to the sale of agricultural output of the commercial farm.
Agricultural lands that are considered wetlands for regulatory
purposes. These areas are generally under active cultivation, and
so do not support typical wetland vegetation. But these areas do exist
on saturated, hydric soils, and are absent the wetland vegetation
only because of the active cultivation.
The employment of land for the primary purpose of obtaining
a profit in money by raising, harvesting and selling crops, or feeding
(or grazing), breeding, managing, selling or producing livestock,
poultry, or honeybees, or by dairying and the sale of dairy products,
by other horticultural, floricultural, or viticultural use, or by
animal husbandry or any combination thereof. It also includes the
current employment of land for the primary purposes of obtaining a
profit by stabling or training equines including, but not limited
to, providing riding lessons, training clinics and schooling shows.
A facility where aircraft or airborne vehicles of all types
land and take off and which may provide storage, maintenance, and
fuel services for such aircraft, including various accommodations
for passengers, and which, as to design, surface, maintenance, repair
and management thereof, meets the minimum requirements of, and is
licensed, pursuant to N.J.S.A. 6:1-1 et seq., whether such facility
be public or private. The term "airport" shall include airstrip, airfield,
landing field, landing strip, heliport, helistop and all other like
facilities.
A change or rearrangement in the structural parts, the means
of egress, or an enlargement, whether by extending on a side or by
increasing in height of a building or structure; or to change the
use of a structure or land or to move a structure from the one location
or position to another.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communication that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals) or television signals.
A building or structure, or portion thereof, designed or
used as the residence or sleeping place of one or more persons, including
but not limited to: multiple dwellings, condominiums, cooperatives,
apartment hotels, boarding and rooming houses, and apartment hotels
and motels.
A person applying to the Land Use Board or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this chapter.
[Amended 11-10-2016 by Ord. No. 2016-11[2]]
Subsurface geologic deposit capable of providing a sufficient
quantity of potable water.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed, to four or more adult persons unrelated to
the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance.
Any premises on which are held at periodic times, and from
time to time, auction sales of merchandise or personal property.
A portion of the building partly underground, but having
less than 1/2 of its clear height below the average grade of the adjoining
ground plus at least one means of egress directly to the exterior
of the building, and with a minimum floor-to-ceiling height of 6Â 1/2
feet.
An establishment that provides for lodging accommodations
and breakfast to overnight guests that also functions as a primary
residence for the owner or manager.
A room planned or used primarily for sleeping, separated
from other rooms by a door, accessible to a bathroom without crossing
another bedroom and including a closet.
The variety of biological species within ecosystems together
with the genetic variations within each species.
A person who is not related to the heads of the household
who is furnished sleeping accommodations, and who may or may not pay
for the privilege of boarding.
Any dwelling in which people, either individuals or as families,
are housed or lodged, for hire, with meals and which contains five
or fewer such rooms for hire.
A parcel of land containing natural woodlands, earth mounds
or other planted or man-made screening material, or any combination
thereof, and separating or screening one kind of land use from another
or separating a planned development from any other development.
A structure which is designed, built or occupied as a shelter;
or roofed enclosure for person, animals; property, or shelters, located
on foundations or other supports and used for residential, business,
mercantile, storage, commercial, professional, industrial, institutional,
assembly, educational, or recreational purposes.
A subordinate structure on the same lot as the principal
or main building or use.
The vertical distance from the finished grade plane to the
average height of the highest roof surface. Average height of the
highest roof surface shall be determined by adding the heights of
the highest roof surface at its lowest point and highest point and
dividing by two. Notwithstanding the provision for averaged roof height,
in no instance may the highest point of a roof surface exceed 45 feet
from the grade plane. Moreover, the highest point of any building
component, such as chimneys, widow's walks, turrets, cupolas and the
like, may be no higher than four feet from the highest point of the
roof of the building, but in no instance may the highest point of
such building component exceed 49 feet in height from the grade plane.
A line established by this chapter, within a lot, defining
the minimum distance between any structure, or portion thereof, to
be erected or altered, and an adjacent right-of-way, easement street
line or common open space.
A building in which is conducted the main or principal use
of the lot on which the building is located.
A permit required prior to constructing, moving, repairing,
or altering any building or structure, issued in compliance with the
New Jersey Uniform Construction Code Act and this chapter.
The standard measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground for trees four
inches in diameter or less and 12 inches above the ground for trees
over four inches in diameter.
See "trailer."
An assessment of the ability of a natural system to absorb
population growth as well as other physical development without significant
degradation.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
Those waters not designated as Outstanding Natural Resource
waters or Category 1 waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies
set forth in those standards.
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground with or without one means of egress directly to the
exterior of the building, and with a floor-to-ceiling height of less
than 6Â 1/2 feet.
A document issued by a governmental authority allowing the
occupancy of use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all the
applicable municipal codes and ordinances. This certificate is issued
by the Construction Official in accordance with the New Jersey Uniform
Construction Code Act and this chapter.[3]
An institution offering the provision of supplemental parental
care and supervision for nonrelated children, on a regular basis during
part or all of the day, under license by the New Jersey Department
of Human Services. The term "child-care center," as used herein, includes
the terms "infant-care center," "day nursery," "day-care center,"
"nursery school" or similar.
The removal of all standing trees on a lot or portion of
a lot.
The triangle formed by the point of intersection of the right-of-way
lines of two intersecting streets and the points on each of the intersection
right-of-way lines at a given distance from the point of intersection,
in which nothing is erected, placed, planted, or allowed to grow in
such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection.
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive features.
The site must be developed as a single entity according to a plan
containing residential housing, commercial and or industrial units,
which have a common or public open space as an appurtenance.
Any commercial use under separate ownership or lease.
Trucks, buses, vans, minivans, sedan delivery vehicles, station
wagons with advertising matter on the sides, or any other commercially
used and licensed vehicle, except a passenger car with no advertising
matter exposed to view.
A parcel or parcels of land or an area of water, or a combination
of land and water, designed and intended for the use or enjoyment
of residents and owners of the development and/or community. Common
open space may contain such complementary structures and improvements
as are necessary and appropriate for the benefit and enjoyment of
residents and owners of the development, as permitted.
Ownership of two or more contiguous parcels of real property
by the same person or persons.
A vertical wall and/or horizontal separation forming a structural
part of two buildings or of two separately owned and/or rented units
in the same building.
Buildings, structures, recreational devices, service systems
and other facilities owned and operated by a governmental agency,
generally available to and or operated for the benefit of residents
to provide a governmental service to the public, including but not
limited to swimming pools, tennis courts, building entries and passageways,
roads, drainage systems, pedestrian and bicycle pathways, sewage treatment
plants and other facilities, such as, but not limited to, municipal
buildings and schools.
Any community residential facility licensed pursuant to P.L.
1977, c. 488 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community, and shall include, but not be limited to, group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of services contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. As used herein, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
Any shelter approved for a purchase of services contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c. 337 (N.J.S.A. 30:14-1), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
minimum requirements of N.J.S.A. 40:55D-35, exclusive of any area
within such public street, whose area is sufficient to provide the
yard, space and setback requirements and the minimum area requirements
for the zone district in which it is located and complying with all
other minimum area requirements for the zone district in which it
is located and complying with all other minimum requirements for such
district, as required by this chapter.
Environmentally sensitive area with characteristics such
as steep slopes, wetlands, floodplains, high-water tables, forested
areas, endangered species habitat, or other areas of significant biological
productivity or uniqueness that have been designated for protection,
as detailed in the Fredon Master Plan, from any activity that would
significantly alter their ecological integrity, balance, or character.
Land protected from future development. For the purposes
of this chapter, these lands may include open space/recreation and
agricultural lands.
An area of land having slopes of less than 20%, having an
absence of floodplains, freshwater wetlands, freshwater wetlands transition
areas and rock outcroppings, having a soil depth to bedrock of four
or more feet, and having a soil depth from natural ground surface
to the seasonal high water table of more than two feet.
A lot at the junction of and having frontage on two or more
intersecting streets forming an interior angle of less than 135°.
Any open space, unobstructed from the ground to the sky,
that is bounded on two or more sides by the walls of a building that
is on the same lot.
The ratio of the horizontal area, measure from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total lot area.
The part of the lot that is covered by impervious surface,
which is a surface that has been compacted or covered with a layer
of material so that it is highly resistant to the infiltration of
water.
Biologically diverse areas containing habitats of endangered
or threatened plan or animal species; freshwater wetlands systems,
defined as the zone of biological diversity primarily supported by
wetlands and wetlands systems and prime forested areas, including
mature stands of native species.
The total number of dwelling units existing or permitted
on a tract divided by the total area of the tract. The result is expressed
as dwelling units per acre.
The total number of dwelling units within a designated portion
of a tract divided by the total land area of the designation portion
of the tract, including the open space, roadways, parking areas and
common facilities devoted exclusively to that portion of the tract.
The result is expressed as dwelling units per acre.
A facility for the temporary storage of stormwater runoff.
Land free of constraints to development such as, but not
limited to, wetlands, steep slopes, water bodies, unstable soils,
easements, and legal impediments and that have frontage on or access
to an improved roadway and can be served by public or private utilities
and facilities such as sewers, water, electricity and gas.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any mining, excavation
landfill, or land disturbance; or any use or extension of the use
of land.
A construction schedule and plan showing the year in which
each portion of a development will be constructed.
Diameter of a tree measured 4Â 1/2 feet (forestry method)
above the ground level on the downhill side for existing trees.
Part of the Township to which certain uniform regulations
of this chapter apply as a separate zone district.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
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 to 58:1-34.
Pipes, swales, natural features and constructed improvements
designed to carry drainage.
A limiting line established by a series of perpendicular
drip points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater,
and within which no construction or disturbance shall occur.
An establishment that by design, physical facilities, service,
or packaging procedures encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
vehicle.
A defined paved or unpaved surface providing vehicular access
to a street. A driveway is not a road, street, boulevard, highway,
or parkway.
A building, or portion thereof, designed or used as the residence
or sleeping place of one or more persons, including but not limited
to one-family, two-family and multiple dwellings, condominiums, cooperatives,
apartment hotels, boarding and rooming houses, motel tourist cabins,
trailers.
SINGLE-FAMILY DETACHEDA freestanding residential building which contains one dwelling unit and which has no common walls with other units.
SINGLE-FAMILY SEMI-ATTACHEDA dwelling unit sharing a common wall with one or more single-family dwelling units.
TWO-FAMILY DWELLING (DUPLEX)A double house consisting of two separate single-family dwelling units under one roof, each complete in itself, with a closed partition between, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services.
TOWNHOUSEA single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
DWELLING UNIT, EFFICIENCYA residential dwelling unit without a separate bedroom and not exceeding 600 square feet in size.
MULTIPLE-FAMILY DWELLINGSA building designed or used as a residence, of three or more dwelling units, garden apartments, condominiums and cooperatives; however, not exceeding two stories in height.
An easement created for the purposes of providing vehicular
or pedestrian access to a property.
The grant of a property right requiring that the described
land will remain in its existing natural state in perpetuity.
Land required for the installation of stormwater sewers or
drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation or another person
or entity.
An easement that allows a public agency to use private land
for scenic enhancement such as roadside landscaping and vista preservation.
An easement that places restrictions on the development of
private land in order to preserve a viewshed.
Any species of fish or wildlife naturally occurring in New
Jersey, whose prospects of survival are in jeopardy due to modification
or loss of habitat or overutilization for commercial, sporting, scientific
or education purposes. Said species shall be those set forth in the
Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-13
et seq., and any species or subspecies of wildlife appearing on any
federal endangered species list designated as listed, proposed, or
under review by the federal government pursuant to the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq.
A written statement, documented by maps and charts, as appropriate,
examining, discussing and evaluating the impacts of a particular aspect
of a proposed development. An evaluation in this context shall include
a comparison of the development and its impacts, as appropriate, to
applicable standards set forth in this chapter. If no standards in
this chapter are applicable to the particular aspect which is the
subject of the evaluation, then to generally accepted standards.
The Federal Aviation Administration.
The exterior walls of a building or structure that are adjacent
to or front on a public street, park, or plaza.
The total wall surface, including door and window areas,
of a building's principal face. In the case of corner buildings which
front on more than one street, only one face shall be used to calculate
facade area.
Exterior walls of a building or structure that are adjacent
to or front on a public street, park, or plaza.
An individual living as a single housekeeping unit or a number
of persons, including foster children as defined by law, and persons
related by blood, marriage, or adoption living together as a single
housekeeping unit. For purposes of this chapter, "family" does not
include any society, club, fraternity, sorority, association, lodge,
federation, or like organizations; or any group of individuals who
are in a group living arrangement as a result of criminal offenses.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to P.L. 1987, c.
27 (N.J.S.A. 30:5B-1 et seq.)
A parcel of land of five or more productive acres used for
agriculture, forestry, horticulture, floriculture or animal husbandry
of domesticated livestock.
The seasonal selling or offering for sale at retail of vegetables
or produce, flowers, orchard products and similar nonanimal agricultural
products occurring in predesignated area where the vendors are individuals
who have raised the vegetables or produce or have taken the same on
consignment for retail sale.
A structure for the display and sale of farm products primarily
grown on the property upon which the stand is located.
The Federal Communications Commission.
A structure of wood, metal, stone, masonry or other material,
including barriers formed by living vegetation.
The average proposed elevation of the land surface of a site
after completion of all site preparation work. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1829 mm) from the building, between the building and a point
six feet (1829 mm) from the building.
Includes the commercial farming of fish, mollusks and crustaceans.
A lot whose buildable area does not front on or abut an approved
street, except for, and having access only from and along, the flag
lot stem.
The portion of a flag lot which has reduced frontage along
an approved street and provides access to the buildable area located
at the rear of the lot.
The rivers or other watercourses and adjacent land areas
subject to inundation, as defined by the New Jersey Department of
Environmental Protection, in the event of the design flood. These
areas include but are not necessarily limited to the floodway and
flood-fringe areas as delineated on the Flood Hazard Boundary Map
for the Township of Fredon, dated March 11, 1983, with accompanying
Flood Insurance Rate Maps and Flood Boundary Maps prepared by the
Federal Emergency Management Agency.
The channel and the relatively flat area adjoining the channel
of a natural stream or river that has been or may be covered by floodwater.
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 total area of a building computed by measuring the horizontal
dimensions of the outside walls of all enclosed portions of the building,
including halls, enclosed porches, attics, cellars, basements, and
garages, but excluding any space with a floor-to-ceiling height of
less than six feet six inches.
The total of all floor areas of a building, excluding stairwells,
elevator shafts, equipment rooms, interior vehicular parking or loading
and all floors below the first or ground floor, except when used or
intended to be used for human habitation or service to the public.
The net floor area should be utilized for the purposes of imposing
parking regulations, provided that no more than 10% of the gross floor
area may be reduced for these common area calculations.
The ratio between the gross floor area of all buildings or
structures on a lot and the total area of the lot.
Upland areas covered by woody vegetation. The vegetation
may be primarily deciduous, coniferous or a mixture of both, and include
scrub/shrub and brush areas as well as mature tree stands of various
densities. Also included in this category, with a separate code, are
early-stage forest successional stands, commonly referred to as "old
fields." These do not normally have a significant amount of mature
trees on them, but are placed in this category because of their potential
development to forests.
A solar energy system, as defined herein, that is elevated
off the ground to allow clearance of at least 16 feet, with parking
or other impervious surfaces beneath.
[Added 6-14-2012 by Ord. No. 2012-05]
A detached accessory building or portion of the principal
building designed primarily for the storage of passenger vehicles
and not more than one commercial vehicle a rated capacity not exceeding
3/4 of a ton, and that is not available to the general public.
A building space, other than a private garage, which is primarily
used for the storage of passenger vehicles and not more than one commercial
vehicle a rated capacity not exceeding 3/4 of a ton.
A retail place of business engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. Major automotive repairs, painting
and body and fender work are excluded. (See "service station, automotive.")
A plan showing general land use, circulation, open space,
utilities, stormwater management, environmental factors, community
facilities, housing, and phasing for parcels of land in excess of
100 acres and proposed to be constructed as a planned development.
A reference plane representing the average of the finished
ground level adjoining the building at all exterior walls. Where the
finished ground level slopes away from the exterior walls, the reference
plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1829 mm) from the building, between the building and a point
six feet (1829 mm) from the building.
A solar energy system, as defined herein, that is mounted
on armatures anchored to the ground, with ground cover beneath.
[Added 6-14-2012 by Ord. No. 2012-05]
See "floor area."
Any room, except those used for kitchen, bathroom, closet,
pantry, hallway, storage space, garage, unfinished basement, cellar,
or attic, or utility purposes.
When referring to the height of a tower or other structure,
the distance measured from the lowest finished grade of the base of
the tower to the highest point on the tower or other structure including
the base pad and any antennas or other appurtenances.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the 2007 Fredon Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Any occupation for gain or support conducted by members of
the family residing in a dwelling unit and conducted solely within
the dwelling unit or accessory building.
A community organization, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space and/or facilities.
A building containing more than five rooms used, rented or
hired out to be occupied for sleeping purposes by guests, where general
kitchen, dining room and/or banquet rooms are provided within the
building.
The employee, consultant, authority or government or other
agency designated by the governing body with the responsibility of
administering the affordable housing program of the Township of Fredon.
A use by a public or nonprofit quasi-public or private institution
for educational, religious, charitable, medical or civic purposes.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
A point where two or more streets meet and/or cross at grade
without a bridge.
A lot and/or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, bags, cordage
or any used or disabled fixtures, vehicles or equipment of any kind.
A business devoted to the boarding, care or breeding of dogs
and cats.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
Any site, building, structure or natural feature that has
visual, historic, or cultural significance.
That housing which may be produced at lowest price, given
compliance with New Jersey Uniform Construction Code Act and other
applicable regulations.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or material.
A parcel, plot or area of land, legally established, with
precise boundaries determinable from a deed description or map filed
in the office of the County Clerk.
LOT, CORNERA parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street where the angle of intersection does not exceed 135°.
LOT, INTERIORA parcel of land other than a corner lot or three-sided lot.
LOT, THREE-SIDEDA lot having frontage along three streets.
LOT, THROUGHA parcel of land which extends through from one street to another, and which streets do not intersect at the property.
The total area included within the lot lines. Where the property
line extends to the center of a street and the street right-of-way
width has not been determined, the area of a lot for the purpose of
this chapter shall not include land within 25 feet of the center line
of the street. Where a right-of-way width is shown on either a subdivision
map or official map of the state, county or Township, the area of
the lot shall not include any portion of the actual or proposed right-of-way.
A horizontal distance between the front lot line and rear
lot line, measured perpendicular or radial to the front lot line at
the midpoint of the lot frontage to the furthest distance thereof
or measured along the median between the two side lot lines.
The length of the front lot line.
A line of record bounding the lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the 2007 Fredon Master Plan, the "front lot line" shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
at the required front yard setback.
A household meeting the regional income eligibility limits
for low- and moderate-income households or for low and very low-income
households in the document entitled "Section 8 Rental Assistance Program,
Income by Family Size," published by the U.S. Department of Housing
and Urban Development.
Dwelling units which are affordable by purchase or rent to
a lower-income household spending not more than 28% of the monthly
family income for sale housing and 30% of the monthly family income
for rental housing.
Income less than 50% of the median income for the region
when used with and compared to the term "moderate income"; income
between 50% and 80% of the median income for the region when used
with and compared to the term "very low income" in the document entitled
"Section 8 Rental Assistance Program, Income by Family Size," published
by the U.S. Department of Housing and Urban Development.
See "trailer."
Income between 50 and 80% of the median income for the region.
In the document entitled "Section 8 Rental Assistance Program, Income
by Family Size," published by the U.S. Department of Housing and Urban
Development, the term "low income" is used instead of the term "moderate
income" to refer to the 50% to 80% of median income range.
A building which contains living or sleeping accommodations
for transient occupancy and has individual outside entrances to each
unit.
Materials found to exist naturally and/or have undergone
minor modification, reduction or alloying by man; which can be reused,
recycled, or are biodegradable. Such materials shall include wood,
stone, brick, rapid oxidizing metals such as iron, recyclable metals
and minerals such as copper and glass and some alloys such as tin,
bronze and brass. Plastics, polyvinyl chlorides, special polymers,
aluminum, chromium, special steels and other exotic man-made or highly
refined materials are specifically and generally excluded.
The earth itself, the water upon or under the surface of
the earth, the air above the earth, and plants, animals, fish, birds,
insects and other living creatures growing upon or inhabiting the
earth, the water or the air.
A lot, the area, dimensions, or location of which was lawful
prior to the adoption, revision, or amendment of the Zoning Ordinance
but that fails by reason of such adoption, revision, or amendment
to conform to the present requirements of the zoning district.
An offensive, annoying, unpleasant or obnoxious thing or
practice that results in an interference with the enjoyment and use
of property. A cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics,
activity or use across a property line which can be perceived by or
affect a human being of ordinary sensibility, or the generation of
an excessive or concentrated movement of people or things, such as,
but not limited to: dust, smoke, fumes, odor, glare, flashes, vibration,
shock waves, heat, electronic or atomic radiation, objectionable effluent,
noise or congregation of people, especially at night, passenger traffic,
transportation of things by truck, rail or other means, invasion of
non-abutting street frontage by parking.
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purpose, as distinguished from a
shop of store.
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
An energy system that produces up to 110% of the energy that
the principal use consumes on an average year.
[Added 6-14-2012 by Ord. No. 2012-05]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or received for public or private
use or enjoyment of owners, occupants, and their guests.
The keeping, in an unenclosed area, of any goods, junk material,
merchandise or vehicles in the same place for more than 24 hours.
Any individual, firm, association, syndicate, co-partnership
or corporation having sufficient proprietary interest in the land
to commence and maintain development proceedings under this chapter
and, for the purpose of this chapter, shall include developer, applicant,
agent, engineer or other person authorized to represent the owner
as defined herein.
A piece or area of land formally described and recorded with
block and lot numbers, by metes and bounds, by ownership or in such
a manner as to specifically identify the dimensions and/or boundaries.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use as a service
or privilege to guests, licensees, clients, customers, suppliers,
or residents. It shall include driveways and access drives located
within the lot area.
An off-street space for the parking of one motor vehicle.
Such parking space shall have an area of not less than 200 square
feet, exclusive of access drive, or aisles, except in a residential
area, there shall be a minimum of 10 feet in width measured perpendicular
to the axis of the length, and shall have adequate provision for ingress
and egress.
A cleared way for pedestrians and/or bicycles to travel,
which may or may not be paved.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
Any building or structure with foundation walls or footings
that support the aboveground elements and which cannot easily or conveniently
be removed therefrom.
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses or both and any residential
and other uses incidental to the predominant use as may be permitted
by ordinance.
Any planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A form of planned development consisting of an area with
a minimum contiguous acreage of 225 acres or more to be developed
as a single entity according to a plan containing one or more residential
clusters wherein the resulting open space may be developed with recreational
facilities, which shall include an eighteen-hole golf course, designed
to serve a clientele which includes, but is not limited to, the residents
of the development.
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in this chapter.
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses all primarily
for the benefit of the residential development.
Any tower or antenna for which a zoning permit has been issued
prior to the effective date of this chapter.
A lot or parcel of ground, including any buildings or structures
thereon.
A structure arranged, adapted or designed for the predominant
or primary use for which a lot may be used.
The primary or predominant use of the premises.
A building, or portion thereof, used as the place of business
of a person, corporation, firm or public agency for professional services.
Any building used exclusively for public purposes by any department
or branch of government;
Buildings of an institutional nature and serving a public need,
such as houses of worship; hospitals; schools; libraries; museums;
post offices; police, rescue and fire stations; and public utilities
and services.
See "institutional use."
Any road that meets the definition and requirements as set
forth in N.J.S.A. 40:55D-35.
A firm or individual currently certified to be professionally
competent or capable to perform habitat assessments in New Jersey
by a nationally recognized organization or otherwise acceptable to
the New Jersey Division of Fish and Wildlife. The qualified approving
authority shall determine the adequacy of the professional qualifications
of such persons based upon the foregoing criteria.
When used in this chapter, the term region refers to the
housing region for Fredon Township established by the Council on Affordable
Housing.
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species, and variety, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the American Association of Nurserymen.
An establishment where food and drink are prepared served
and consumed primarily within the principal building.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant.
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground.
The long, narrow upper section or crest of a chain of hills
or mountains.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
case of a Special Water Resource Protection Area (SWRPA) pursuant
to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters
as shown on the USGS quadrangle map or in the County Soil Surveys.
A plan approved by the Township Engineer, which shall be
prepared by a landscape architect, professional engineer or other
qualified professional, and shall evaluate the effects of any proposed
activity/uses on any riparian zone. The plan shall identify existing
conditions, all proposed activities, and all proposed management techniques,
including any measures necessary to offset disturbances to any affected
riparian zone.
An open or covered structure of permanent or temporary construction
which fronts on a public street located on land which is owned or
leased by the operator for the purposes of direct-to-consumer commodity
sales.
A solar energy system, as defined herein, that is mounted
to the roof of a building or structure.
[Added 6-14-2012 by Ord. No. 2012-05]
A person who is not related to the head of the household,
and who pays for the privilege of rooming.
Any dwelling in which people, either as individuals or as
families, are housed or lodged for hire, and which contains five or
less such rooms for hire.
A retail place of business engaged primarily in the sale
of motor fuels, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. Major automotive repairs, painting
and body and fender work are functions associated with a public garage
and not with a service station.
BUSINESS SERVICEEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, employment services, management and consulting services, development and testing, photo finishing, copying and supply services.
PERSONAL AND HOUSEHOLD SERVICESEstablishments primarily engaged in providing personal/household services, including photographic studios, beauty shops, barbershops, shoe repair, clothing repair and rental shops; on-premises repair of small household appliances; and instructional classes limited to dance, karate and similar activities, music and ceramic classes; provided, however, that mortuary services and dry-cleaning establishments are specifically excluded.
A line drawn parallel to a street line or lot line and drawn
through the point of a building nearest to the street line or lot
line.
The distance of clear sight required in the alignment of
streets and roads.
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product when the same is placed, erected, attached, painted or
printed to advertise or promote the interests of the same, when placed
out-of-doors in view of the general public, or placed where it may
be viewed from the outside of any structure where placed.
Any sign supported by uprights or braces placed upon or in
the ground, and not attached to any building.
Any sign where the bottom of the information panel is either
in contact with the ground or mounted within two feet of the ground.
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
A black-plastic-impregnated fabric. (See Figure A.)
The installation of silt fence material such that one side
is firmly buried in the ground, and the two-foot width is vertically
held by periodically spaced sturdy supports. The purpose of silt fencing
is to contain soil and debris within a construction or storage zone.
(See Figure A.)
|
Figure A: Silt Fence Detail
|
|---|
 |
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
A separate area containing separate sanitary facilities and/or
cooking facilities.
A street on which there is development on one side only.
The other side is usually a conservation area, village green or commons,
and/or a public vista.
Ownership by one person, or ownership by two or more persons
jointly as joint tenants, as tenants by the entirety or as tenants
in common of a separate lot not adjacent to land in the same ownership.
A development plan of a lot or subdivision on which is shown existing and proposed topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Land Use Board in unusual or special cases. (See Chapter 424, Site Plan Review.)
[Amended 11-10-2016 by Ord. No. 2016-11[4]]
A brightly colored plastic fencing punctuated with large
holes. (See Figure B.)
The installation of snow fence material vertically oriented
around trees to be protected, and in front of tree canopies and other
protected areas, so that construction equipment does not impact the
protected areas. (See Figure B.)
|
Figure B: Snow Fencing Detail
|
|---|
 |
A device that directly converts sunlight into electricity
using photovoltaics (PV).
A solar energy system, as defined herein, that is used to
generate electricity.
[Added 6-14-2012 by Ord. No. 2012-05]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 6-14-2012 by Ord. No. 2012-05]
A solar energy system, as defined herein, that is used to
generate electricity and has a production capacity of no greater than
15 megawatts.
[Added 6-14-2012 by Ord. No. 2012-05]
A three-hundred-foot area provided on each side of a surface
water body designated as a C1 water or tributary to a C1 water that
is a perennial stream, intermittent stream, lake, pond, or reservoir,
as defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Man-made trees, clock tower, bell steeples, light poles and
other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
A building, or part thereof, where merchandise is displayed
for sale and sold at wholesale.
That portion of a structure included between the surface
of a floor and the surface of the next floor above it. If there is
no floor above it, then the space between the floor and the ceiling
next above it, and including basements used for the principal use.
Any avenue, boulevard, road, lane, parkway, viaduct, drive,
alley or other way which is an existing state, county, or Township
roadway, or which is shown upon a plat, heretofore approved pursuant
to law, or is approved by official action as provided by the Municipal
Land Use Law, 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 Land Use 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, sidewalks,
parking areas, and other areas within the street lines. For the purpose
of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of residential development and streets for circulation within such a development.
MINOR, LOCAL STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose which are parallel or adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
RURAL STREETSThose which serve dwellings on lots that are one acre or greater, primarily serve as access to abutting building lots, have no on-street parking, and have lot-to-street access designed so that vehicles do not back out of lots onto the street.
RURAL LANESThose which serve dwellings on lots that are two acres or greater, primarily serve as access to abutting building lots, have no on-street parking, and have lot-to-street access designed so that vehicles do not back out of lots onto the street.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
CULS-DE-SACDead-end streets having a turnaround, which provides access to adjacent lots.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon a street,
as distinct from a sidewalk line, curbline, or edge of pavement line.
A combination of materials that form a construction for use,
occupancy, or ornamentation whether installed on, above, or below
the surface of land or water.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
Any origination, creation, transmission, emission, storage-retrieval
or reception of signs, signals, writings, images, sounds, or intelligence
of any nature, by wire, radio, television, optical or other means.
Any facility that transmits and/or receives signals by electromagnetic
or optical means, including antennas, microwave dishes, horns or similar
types of equipment, towers or similar structures supporting such equipment
and equipment buildings.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
Any species of fish or wildlife naturally occurring in New
Jersey that may not be in immediate danger of extinction, but exists
in such small populations as to become endangered if it is subjected
to increased stress as a result of further modification or loss of
habitat or overutilization for commercial, sporting, scientific or
educational purposes. Said species shall be those set forth on the
state list developed by the New Jersey Department of Environmental
Protection, and those species forth on the national list developed
by the Department of the Interior.
A residence in which, as any accessory use, a habitable room
or habitable rooms are rented by the day or night to transients.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephones,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes,
but is not limited to, radio and television transmission towers, microwave
towers, common carrier towers and cellular or other wireless telephone
towers. The term also includes the structure and any support thereof;
provided, however, that in accordance with the expression of the objectives
of this chapter, the term "tower" is not intended to mean or include,
nor shall same be construed as meaning or including, any noncommercial
amateur radio antennas and structures which attend private residences.
An area of land composed of one or more contiguous lots which,
in the aggregate, contains sufficient area to meet the requirements
of this chapter for the use(s) permitted.
A wheel-based vehicle that is designed to be transported
by traction and which is used for the transportation or storage of
goods, materials, livestock or any object. For the purposes of this
chapter, a trailer shall be considered a building and shall be regulated
as such, where trailers are permitted. The regulations of this chapter
that apply to trailers shall also apply to the following vehicles,
as defined below:
CAMPING VEHICLEA portable structure, or a wheel-based structure built on a chassis, which is self-propelled or designed to be transported by tractors or carried as a self-propelled vehicle, and which is designed and intended to be used as a temporary dwelling for travel, recreation or vacation purposes.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
BOAT TRAILERA trailer designed for the purpose of transporting a boat over land.
HORSE TRAILERA trailer designed for the purpose of transporting horses or animals over land.
Any deciduous or coniferous species which reaches a typical
mature height of 12 feet or more, and has a typical DBH of four inches
or greater at maturity.
The top layer or crown of mature trees.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Income less than 50% of the median income for the region
in the document entitled "Section 8 Rental Assistance Program, Income
by Family Size," published by the U.S. Department of Housing and Urban
Development.
A building used for the temporary storage of goods, materials
or merchandise for later or subsequent distribution or delivery elsewhere
for purposes of processing or sale.
The land area that contributes surface runoff or drainage
to a fresh or coastal water system or body.
The land area(s) that provide recharge to a pumping public
or private drinking water supply well.
Those areas that are inundated by surface or groundwater
with a frequency sufficient to support and, under normal circumstances,
that do or would support a prevalence of vegetative or aquatic life
that requires saturated or seasonally saturated soil conditions for
growth and reproduction. Wetlands include but are not limited to swamps,
marshes, bogs and similar areas such as sloughs, potholes, wet meadows,
river overflows, mud flats and natural ponds. Wetlands shall include,
but not be limited to, those shown on the United States Department
of Interior wetlands maps or similar maps published by the New Jersey
Department of Environmental Protection.
A machine that runs on the energy generated by a wheel of
blades on slats rotated by the wind.
The wooded lands within a lot or tract which are not specifically
excluded by any federal, state, county or Township law or ordinance,
deed restriction or covenant running with the land. For purposes of
this chapter, those lands specifically eliminated from consideration
as wooded acres permitted for development include, but are not limited
to, wetlands as defined by N.J.S.A. 13:9B-1 et seq.
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street line and the nearest part of the principal structure on the lot. (See Figures 1 through 4 located in the Appendix of this chapter.)
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot. (See Figures 1 through 4 located at the end of this chapter.)
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. (See Figures 1 through 4 located at the end of this chapter.)
A permit issued by the Zoning Officer in accordance with § 550-12 of this chapter.
