This chapter shall be known as the "Borough of Buena Land Use
Ordinance."
The intent and purpose of this chapter are:
A.
To guide the appropriate use and development of all lands in Buena
Borough in order to promote the public health, safety, morals and
general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made
disaster.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of Buena Borough does not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
E.
To promote appropriate population densities that will contribute
to the well-being of persons, neighborhoods and regions and preserve
the environment.
F.
To encourage the appropriate and efficient expenditure of public
funds by coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety
of land uses and open space, both public and private, according to
their respective environmental requirements, in order to meet the
needs of people.
H.
To encourage circulation routes which will promote the free flow
of traffic while discouraging location of facilities and routes that
result in congestion or blight.
I.
To promote a desirable visual environment through creative development
techniques and good civic design.
J.
To promote the conservation of historic sites, open space, energy
resources and valuable natural resources and to prevent urban sprawl
and degradation of the environment.
K.
To encourage development which is carefully planned to incorporate
the best features of design and properly relate the land use development
to the particular site.
L.
To encourage senior citizen community housing construction.
M.
To encourage coordination of public and private endeavors shaping
land development in order to lessen costs.
N.
To promote the use of renewable energy resources.
O.
To promote the maximum practical recovery and recycling of materials
from municipal solid waste through the use of planning practices which
incorporate state recycling plan goals.
This chapter, being necessary for the welfare of the state and
its inhabitants and particularly for the residents of Buena Borough,
shall be considered liberally to effect the purposes herein.
As used in this chapter, unless the context clearly indicates
a different meaning, the word "shall" denotes a mandatory requirement,
and the term "may" indicates a permissive action.
The meaning of words and terms defined by N.J.S.A. 40:55D-3
through 40:55D-7 shall apply. As used in this chapter, the following
terms shall have the meanings indicated:
An added roadway lane which permits integration and merging
of slower moving vehicles into the main vehicular stream.
A subordinate building or structure, the purpose of which
is customarily incidental to that of the principal use or building
and on the same lot. Where an "accessory building" is attached to
the side or front of a principal building by a wall or roof, such
"accessory building" shall be considered part of the main building
for the purpose of determining the required dimensions of yards, but
if it is attached completely to the rear of all portions of the principal
building, it may be considered an "accessory building" for determining
required yard dimensions.
As used in Article XVIII, Pinelands Area Standards, a retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An "agricultural commercial establishment" may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets which coincidentally sell agricultural products, nor does it include agricultural production facilities, such as a farm itself, nor facilities which are solely processing facilities.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, any production of plants or animals useful to any man, including but not limited to forages or sod crops; grains and feed crops, dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, a facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including the washing, grading and packaging of those products.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, an establishment, the primary purpose of which is the sale of goods, commodities or services that support active farm establishments.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XIX, Air Safety and Hazardous Zoning Standards, any area of land or water, or both, designed and set aside for the landing and takeoff of fixed wing aircraft, used or to be used by the public for such purposes, publicly or privately owned and licensed by the Commissioner of the New Jersey Department of Transportation as a public use airport or landing strip; or an area which has been determined by the Commissioner as likely to be licensed within one year of the determination.
As used in Article XIX, Air Safety and Hazardous Zoning Standards:
Any use of land or water, or both, which may create a dangerous
condition for persons or property in or about an airport or aircraft
during landing or takeoff at an airport; or
A structure or tree which obstructs the airspace required for
the flight of aircraft in landing or taking off at an airport.
The traveled way by which cars enter and depart parking spaces.
A legal document which combines, by written description,
several parcels of land into one tract, as required for the purpose
of establishing a lot that meets the minimum standards set by the
schedules of this chapter[2] as a provision for subdivision or redivision approval.
As applied to a building or structure, a change or rearrangement
in the structure parts or in the existing facilities or an enlargement,
whether by extension of a side or by increasing in height or by moving
from one location or position to another.
As used in Article XX, Heliports, Helistops and Helipads, any construction, demolition or modification to the surface design or operational areas of an aeronautical facility which affects, increases or diminishes its operational capabilities.
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment including
a significant reduction in the level of total nitrogen in the wastewater
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 8-11-2003 by Ord.
No. 504; amended 4-8-2019 by Ord. No. 676]
As used in Article XVIII, Pinelands Area Standards, those animals specified in N.J.A.C. 7:50-6.32.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, any board, body or other authority within the Borough of Buena with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
[Amended 8-3-1992 by Ord.
No. 403]
See "sign area."
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 4-9-2012 by Ord.
No. 589]
Premises on which are held at periodic times auction sales
of merchandise or any other personal property.
See "junkyard."
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
The parking module usually consisting of two rows of parking
spaces and the aisle.
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XIII, Fences and Signs, a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
An area of land usually bounded by streets, railways, streams
or other barriers to development continuity, which includes within
its boundaries land parcels designated by lot numbers on the Municipal
Tax Maps.
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.
[Added 4-9-2012 by Ord.
No. 589]
A continuous strip of trees and/or shrubs not less than six
feet in height densely planted so as to restrict a clear view beyond
said strip.
As used in Article X, Buffer Screening; Shade Trees; Landscaping Standards, the term "buffer" or "buffer strip" shall mean a land area used to visually separate one use from another or to block noise, lights or other nuisances; which shall be maintained on a base of self-draining soils and which may be required under screening standards to include fences, berms, vegetation or a combination thereof.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels, or having other support and any
unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the height
of the building is measured.
The aggregate of the areas of all buildings as defined in
the definition of "building." Such areas shall be computed by using
outside building dimensions measured on a horizontal plane at ground
level.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deckline of a mansard roof; to the average height between the
plate and ridge of a gable, hip or gambrel roof; or to the highest
point of any other structure defined as a building in the definition
of "building."
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building or any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the "building line."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Permanent devices set in each stall to block the front wheels
and prevent encroachment beyond the stall space.[3]
As used in Article XVIII, Pinelands Area Standards, a portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term use. "Camper" does not include mobile homes, trailer coaches or other trailers used as permanent dwellings.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, a place used or suitable for camping on which temporary shelter, such as a tent or camper, may be placed and occupied on a temporary and seasonal basis. "Campsite" does not include trailer courts.
[Amended 8-3-1992 by Ord.
No. 403]
As used in § 150-142, Trailers and mobile homes, the terms "campsite" or "trailer camp" shall mean any lot or plot of ground used for the temporary or permanent storage, parking or location of one or more trailers or camp cars for a period of more than six hours and which places are used as a business operated for profit or personal use.
That area of a street within which vehicles are permitted,
including travel lanes and parking places, usually measured between
curbs or curblines.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground.
As used in Article XVIII, Pinelands Area Standards, a certificate issued by the Pinelands Commission, pursuant to N.J.A.C. 7:50-4.34, that a complete application for development has been filed.
[Amended 8-3-1992 by Ord.
No. 403]
A certificate issued by the Building Inspector upon completion
of construction, alteration or change in occupancy of a building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment and/or all other applicable requirements.
A traffic control device which forces vehicles into certain
traffic flows or turning movements.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations, as well as parish houses,
convents and such accessory uses.
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 4-9-2012 by Ord.
No. 589]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community, and shall include, but not be limited to, group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-2 et seq.). In the
case of housing mentally ill persons, such residence shall have been
approved for a purchase of service contract or an affiliation agreement
established by the Department of Human Services, Division of Mental
Health and Hospitals.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by the
Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A.
30:14-1 et seq.), 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 conditions and standards for the location or operation of such use as contained in this chapter, and more specifically in Article XVII, and upon the issuance of an authorization therefor by the Planning Board.
An easement which precludes future or additional development
of the land in order to preserve open space, a scenic view, a waterfront
or the facade of a building.
As used in Article XVIII, Pinelands Area Standards, land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
[Amended 8-3-1992 by Ord.
No. 403; 5-3-1993 by Ord. No. 407]
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 4-9-2012 by Ord.
No. 589]
The opening along the curbline at which point vehicles may
enter or leave the roadway.
The officially established grade of the curb in front of
the midpoint of the lot.
The curb connecting the ramp curb to the street curb.
As used in Article XVIII, Pinelands Area Standards, the average number of housing units per unit of land.
[Amended 8-3-1992 by Ord.
No. 403]
An added roadway lane that permits cars to slow down and
leave the main vehicular stream.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, the New Jersey Department of Transportation.
As used in Article XVIII, Pinelands Area Standards, the change or enlargement of any use or disturbance of any land, the performance of any building or mining disturbance operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
[Amended 8-3-1992 by Ord.
No. 403]
A change in type of use of a structure or land.
A reconstruction or alteration of the size or material change
in the external appearance of a structure or land.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
The commencement of resource extraction, drilling or excavation
on a parcel of land.
The demolition of a structure or removal of trees.
The deposit of refuse, solid or liquid waste or fill on a parcel
of land.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions or emissions of waste material.
The alteration, either physically or chemically, of a shore,
bank or floodplain, seacoast, river, stream, lake, pond, wetlands
or artificial body of water.
The commencement of forestry activities.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, the construction, reconstruction, creation or establishment of any structure or the planting of a tree.
A person who is developmentally disabled as defined in Section
2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-1).
As used in Article XVIII, Pinelands Area Standards, any approval granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part II or Part IV.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, all developments other than major developments.
[Amended 8-3-1992 by Ord.
No. 403]
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XIX, Air Safety and Hazardous Zoning Standards, the Division of Aeronautics.
As used in Article XVIII, Pinelands Area Standards, the removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
[Amended 8-3-1992 by Ord.
No. 403]
An easement required for the installation of storm sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream, watercourse or other drainage facility.
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XVIII, Pinelands Area Standards, any structure or portion thereof which is designed or used for residential purposes.
[Amended 8-3-1992 by Ord.
No. 403]
The conversion or alteration of an existing dwelling into
two or more dwelling units with each unit designed to provide living
facilities, including kitchen, for one family; such conversions may
permit horizontal separation of the units.
A detached residential structure designed to provide living
facilities, including kitchen, for one family only. (Also see "dwelling
unit.")
One of two attached one-family dwelling units having a common
wall between each unit and individual rear yards and/or front yards
designed as an integral part of each one-family dwelling unit.
A residential structure, not to exceed two stories, comprised
of four dwelling units with each unit designed to provide living facilities,
including kitchen, for one family and each unit separated from the
other by a vertical wall(s).
A residential structure, not to exceed two stories, comprised
of three dwelling units with each unit designed to provide living
facilities, including kitchen, for one family and each unit separated
from the others by vertical wall(s).
Any residential structure, not to exceed two stories, comprised
of two dwelling units with each unit designed to provide living facilities,
including kitchen, for one family and each unit separated by a vertical
wall.
A group of rooms providing living facilities, including kitchen,
for one family.
The grant of one or more property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
As used in Article XVIII, Pinelands Area Standards, all electric lines other than electric transmission lines.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.
[Amended 8-3-1992 by Ord.
No. 403]
To build, construct, attach, hang, place, suspend or affix,
and shall include signs painted directly on a wall surface.
One or more persons, related by blood or marriage, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
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 fewer 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
care services:
As used in Article XIX, Air Safety and Hazardous Zoning Standards, an accelerated system of application procedure and review.
As used in Article XIII, Fences and Signs, an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
As used in Article XVIII, Pinelands Area Standards, the changing of the characteristics and interactions of fish and wildlife population and their habitat in order to promote, protect and enhance the ecological integrity of those populations.
[Amended 8-3-1992 by Ord.
No. 403]
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Amended 8-3-1992 by Ord.
No. 403; 4-9-2012 by Ord. No. 589]
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444; 4-9-2012 by Ord. No. 589]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A building used as an accessory to the main building which
provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
Any garage other than a private garage, available to the
public, operated for gain and which is used for the equipping, adjusting,
storage, rental, repair, greasing, washing, polishing or other cleaning
and servicing of automobiles or other motor vehicles, including the
supplying of gasoline or oil or other fuel for vehicular propulsion.
This term shall include gasoline filling and motor vehicle service
stations but shall not be construed to include motor vehicle showrooms
for new or used motor vehicles.
An area of 50 or more contiguous acres containing a full-size
golf link, at least nine holes totaling a minimum of 2,700 yards from
tee to green, together with usual accessory uses, provided that the
operation of such facilities is incidental and subordinate to the
operation of the golf course.
As used in Article XXIII, Manufactured Homes, a reference plane consisting of the average finished ground level adjacent to a structure, building or facility at all visible exterior walls.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy. Said
areas shall be measured between the inside face of exterior walls
or from the center line of walls separating two dwelling units. Said
areas shall not include areas below the average level of the adjoining
ground, garage space or accessory building space.
Any single-family dwelling used in the placement of children,
recognized as a group home by the Department of Institutions and Agencies
in accordance with rules and regulations adopted by the Commissioner;
provided, however, that no group home shall contain more than 12 children.
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XVIII, Pinelands Area Standards, the natural environment of an individual animal or plant population or community.
[Amended 8-3-1992 by Ord.
No. 403]
A double-painted line separating parking stalls.
As used in Article XVIII, Pinelands Area Standards, the vertical distance of a building measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roof. For structures, the vertical distance measures from grade to its highest point.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XX, Heliports, Helistops and Helipads, a rotary wing aircraft that depends principally upon the lift generated by engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose. Such areas may be designated in parking lots, on golf courses, within parks or athletic fields or on properly constructed and approved rooftops.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such areas may include passenger and cargo facilities, fueling service, storage space, tie-down spaces, hangars and other accessory facilities.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose. Such area shall be limited to the operation of helicopters which are owned and controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant. Such area may include refueling but no maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single helicopter.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such area shall be open to use by any helicopter regardless of ownership and control. Such area shall not include any refueling, maintenance, repair or hangar facilities except that a tie-down may be provided for and limited to a single helicopter.
As used in Article XVIII, Pinelands Area Standards, any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
As used in Article XVII, Conditional Use Standards, an office for professional or vocational activity carried on for gain by a resident, conducted as an accessory use within the resident's dwelling or in a separate structure which is accessory to the residential use, such as a garage that is located on the same site.
The office of a member of a recognized profession when conducted
on residential property. Such occupations shall be limited to those
of doctors, lawyers, architects, engineers, artists, ministers, musicians
and other recognized professional persons.
Those animals traditionally kept as pets, such as dogs or
cats, but not including such animals traditionally kept as livestock.
As used in Article XVIII, Pinelands Area Standards, any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
[Amended 8-3-1992 by Ord.
No. 403]
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444; 4-8-2019 by Ord. No. 676]
As used in Article XVIII, Pinelands Area Standards, any surface which does not permit fluids to pass through or penetrate its pores and spaces.
[Amended 8-3-1992 by Ord.
No. 403]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in urban areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, New Jersey 08873. Such surfaces may have varying degrees
of permeability
[Added 4-9-2012 by Ord.
No. 589]
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XVIII, Pinelands Area Standards, any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; cemeteries; public office buildings; and other similar facilities.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, any person whose right to use, require or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or any other law of this state or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act[8] to govern the review of applications from the adoption
of the regulations until the Pinelands Comprehensive Management Plan
took effect on January 14, 1981. These regulations were formerly codified
as N.J.A.C. 7:1G-1 et seq.
[Amended 8-3-1992 by Ord.
No. 403]
Built-up structures, usually curbed, placed at the end of
parking rows as a guide to traffic and also used for landscaping,
signing or lighting.
Any area and/or structure used or intended to be used for
the conducting and operation of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
As used in Article XVIII, Pinelands Area Standards, includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XX, Heliports, Helistops and Helipads, a specific area of defined dimensions to which the helicopter approaches for landing or from which it departs, and includes the touchdown area.
The provision of lawns, trees, plants and other natural and
decorative features in order to improve the visual and climatic condition
of the land.
As used in Article XVIII, Pinelands Area Standards, an antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
[Added 6-2-1997 by Ord.
No. 444]
A street designed to provide access to the abutting property
and to discourage through traffic, generally connecting to a collector.
As used in Article XIV, Layout of Blocks and Lots, a parcel, tract or area of land established by plat or subdivision as permitted by law, to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which may be devoted to building
area.
A mean horizontal distance between the front and rear lot
lines, measured at right angles to the streets at two equidistant
points on the front lot lines and in the general direction of said
lot lines.
The lot line which is coexistent with the street line and
which shall be measured along the building line setback specified
under the front yard requirements of the zoning schedule.[9] In the case of lots which front on curbs, streets or culs-de-sac,
the frontage shall be measured along the tangent of the center of
the arc at the building line set forth for the zone.
The horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space.
A roadway of limited access, such as New Jersey Route 55,
which carries traffic on multilanes from one region to another within
the state, generally connecting with interstate routes.
A street which serves to collect traffic from the minor collector
streets and is part of the network which comprises the main movers
of traffic within the borough, generally connecting to a minor arterial.
As used in Article XXIII, Manufactured Homes, a unit of housing which:
Consists of one or more transportable sections which are substantially
constructed off site, and if more than one section, are joined together
on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation; and
Is manufactured in accordance with the provisions of the National
Manufactured Housing Standards Act of 1974, P.L. 93-383 (42 U.S.C.
§ 5401 et seq.), and the standards set for a manufactured
or mobile home by the Commissioner of the Department of Community
Affairs pursuant to the State Uniform Construction Code Act, P.L.
1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-27.2, but shall not include a person who has been
committed after having been found guilty of a criminal offense by
reason of insanity or having been found unfit to be tried on a criminal
charge.
A roadway, such as New Jersey Route 40, which serves to collect
traffic from the major collectors, carry it through the borough and
into adjacent counties.
A street which serves to collect traffic from local streets,
generally connecting to a major collector.
A development plan on a vacant tract of land which proposes
construction of 1,000 square feet of floor area or less; has provision
for 10 parking spaces or fewer; involves an application to conduct
a business use or home occupation within the property owner's residence
or an accessory structure thereto; involves an application to construct
or expand one- or two-family residences, including accessory buildings
which are located within a designated flood zone; or involves construction
of a residence on lots of record which are required to be reviewed
in order to alleviate or prevent drainage problems.
A street which carries very little traffic, such as a cul-de-sac,
and serves only as access to the abutting lots, generally connecting
to a local street.
A subdivision of land to create two new lots and the remainder
lot, provided that the subdivision does not involve a new street or
the extension of an off-tract improvement, the cost of which is to
be prorated.
As used in Article XXIII, Manufactured Homes:
A parcel of land or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof, and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
A parcel, or any contiguous parcels of land which contain, on the effective date of this chapter, no fewer than three sites equipped for the installation of manufactured homes and which otherwise conform to the provisions of this definition shall qualify as a mobile home park for the purposes of Article XXIII, Manufactured Homes.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 4-9-2012 by Ord.
No. 589]
A lot, the area dimensions or location of which was lawful
prior to the adoption, revision or amendment of the zoning schedules,[11] but which, by reason of such adoption, revision or amendment,
fails to conform to the present requirements of the zone.
A structure or building, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
the zoning provisions of this chapter, but which fails, by reason
of such adoption, revision or amendment, to conform to the present
requirements of the zoning district.
A use or activity which was lawful prior to the adoption,
revision or amendment of the zoning provisions of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
As used in Article XXIII, Manufactured Homes, any foundation consisting of nonmortared blocks, wheels, concrete slab or runners, or any combination thereof, or any other system approved by the Commissioner of the Department of Community Affairs for the installation and anchorage of a manufactured home on other than a permanent foundation.
As used in Article XX, Heliports, Helistops and Helipads, any natural or man-made objects or uses of land or water which obstruct or are hazardous to the airspace specified by the State or Federal Aviation Administration for the maneuvering of aircraft or to the accessibility of airspace to the public participating in aeronautical activities.
As used in Article XVIII, Pinelands Area Standards, a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XXIII, Manufactured Homes, the construction of that home or section at a location other than the location at which the home is to be installed.
As used in Article XXIII, Manufactured Homes, the joining of those sections at the location at which the home is to be installed.
The portion of a vehicle which extends beyond the wheel stops
or curb, approximately 2.5 feet.
As used in Article XVIII, Pinelands Area Standards, any quantity of land consisting of one or more lots that is capable of being described with such definiteness that its location and boundaries may be established.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
A space available to the general public in nonresidential
zones for the parking of motor vehicles. Said space shall measure
at least 9.5 feet by 19 feet, exclusive of accessways. "Parking spaces"
reserved for employees only may measure 9 feet by 19 feet.[12]
A single way providing vehicular access to two adjoining
properties.
As used in Article XX, Heliports, Helistops and Helipads, a safety zone that provides an additional obstruction-free surface on all sides of a prescribed helicopter landing and takeoff area.
As used in Article XXIII, Manufactured Homes, a system of support installed either partially or entirely below grade, which is:
An easement that is self-perpetuating and runs with the land.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
As used in Article XVIII, Pinelands Area Standards, an individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, the Pinelands National Reserve and the Pinelands Area.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, a use right allocated to certain lands within the borough pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in other municipalities which have adopted appropriate ordinances permitting their use.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, the agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that period.
[Amended 8-3-1992 by Ord.
No. 403]
See N.J.A.C. 7:50-6.43.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XVIII, Pinelands Area Standards, N.J.S.A. 13:18A-1 to 13:18A-29.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
[Amended 8-3-1992 by Ord.
No. 403]
The Planning Board of the Borough of Buena.[14]
As used in Article XVIII, Pinelands Area Standards, a Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 8-3-1992 by Ord.
No. 403]
The conferral of certain rights specified herein prior to
final approval after elements of the preliminary plan have been reviewed
and approved.
As used in Article XVIII, Pinelands Area Standards, all land within the Pinelands Area which is not included in the preservation area.
[Amended 8-3-1992 by Ord.
No. 403]
Any government or governmental agency of the Borough of Buena,
Atlantic County, the State of New Jersey or the United States of America.
As used in Article XVIII, Pinelands Area Standards, development, including subdivision, by any township or other governmental agency.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly; roads and streets; and other similar services provided or maintained by any public or private entity.
[Amended 8-3-1992 by Ord.
No. 403]
A sloping roadway or passage used to join two different levels
of streets, structures or buildings; or a driveway leading to parking
facilities.
As used in Article XVIII, Pinelands Area Standards, the management program which employs the most efficient use of available technology and natural, human and economic resources.
[Amended 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, the largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 6-2-1997 by Ord.
No. 444]
As used in Article XVIII, Pinelands Area Standards, any recreational facility which does not satisfy the definition of low-intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
[Added 8-3-1992 by Ord.
No. 403]
As used in Article XVIII, Pinelands Area Standards, a facility or area which complies with the standards in N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
As used in Article XX, Heliports, Helistops and Helipads, a point on the earth's surface, identified in terms of latitude and longitude to the nearest second, from which all linear measurements originate when applying the specific criteria to helicopter facilities. The facility reference point shall always be the exact center of the helicopter touchdown area.
The total number of dwelling units which may be or are developed
on an area of land, before requirements for public access and required
open space are provided.
The resulting number of dwelling units which may be or are
developed on a site or lot after public access and required open space
are provided.
As used in Article XVIII, Pinelands Area Standards, a plan prepared for review by the Soil Conservation District which details the proposed use of agricultural recommended management practices.
[Amended 8-3-1992 by Ord.
No. 403]
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building. However, a snack bar at a public or a community
playground, playfield, park or swimming pool operated solely by the
agency or group operating the recreational facilities and for the
convenience of patrons of the facility shall not be deemed to be a
restaurant.
An establishment where patrons are served food, soft drinks,
ice cream and similar confections for principal consumption outside
the confines of the principal building or in automobiles parked upon
the premises, regardless of whether or not, in addition thereto, seats
or other accommodations are provided for the patrons.
The relocation of lot lines previously approved or recorded
according to law or the relocation of any street or the establishment
of a new street, but does not include conveyances which combine existing
lots by deed.[15]
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or which is occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary storm sewer and other
similar uses and which grants the right of one to pass over the property
of another.
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XXIII, Manufactured Homes, a system of support consisting of poured concrete strips running the length of the chassis of a manufactured home under the lengthwise walls of that home.
A method of visually shielding or obscuring one structure
or use from another structure or use by using walls, berms or densely
planted vegetation which acts as a visual barrier and a muffler of
noise.
As used in Article XVIII, Pinelands Area Standards, the level below the natural ground surface to which water seasonally rises in the soil in most years.
[Amended 8-3-1992 by Ord.
No. 403]
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 4-9-2012 by Ord.
No. 589]
Those trees which provide shade in the summer and shed their
leaves in the fall.
As used in Article XX, Heliports, Helistops and Helipads, an enclosed structure to provide for the comfort of persons against rain, wind, sun and adverse weather.
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 4-9-2012 by Ord.
No. 589]
A grouping of retail and personal service shops housed within
a single building or series of buildings designed and constructed
as a unit, which share common off-street parking facilities.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Includes every sign, billboard, ground sign, wall sign, roof
sign, sign painted on the exterior of a building or structure, illuminated
sign, projecting sign, temporary sign, flag, pennant and badge, and
shall likewise include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person, firm or corporation when the same is placed
out of doors in view of the general public. EXCEPTION: This shall
not include official court or public notices, the flag or an emblem
or insignia of a government, a school or a religious group when displayed
for official purposes.
The area included within the edges of the sign or within
the outer edges of any frame attached thereto, whichever is greater.
Where the sign has no clearly defined frame or edge, the sign area
or area of a sign shall be defined by and in terms of four sides (straight
sides) which most closely outline such sign or frame. In no case,
however, shall the area of the frame exceed 25% of the total sign
area or area of the sign. All signs attached to the outside windows
or glass areas shall be considered as part of the total allowable
sign area for any structure or use.[16]
A sign which identifies an institution or organization on
the premises of its location and which contains the name of the institution,
organization or the individuals connected with it, as well as general
announcements of events or activities occurring therein.
A sign designed so that characters, letters or illustrations
can be changed or rearranged without altering the surface or the area
of the sign. Temporary signs and electronic digital signs are included
in this definition.
A sign giving the name or names of architects, artisans,
contractors or lending institutions responsible for the on-site construction,
as well as other related information.
Any sign which indicates on-site traffic flow or access which
carries no advertising message.
A sign giving the name or names and location of the occupants
of the building to which the sign is attached. Such signs may be painted
on the exterior doors of office buildings.
A sign which identifies the principal use, enterprise or
person to which the premises is dedicated.
See "sign, wall."
Any nonmovable sign which is not affixed to a building. See
"sign, ground, pole or pylon."
A sign supported by structures, poles or pylons in or upon
the ground, independent of support of any building.
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
A sign illuminated in any manner by an artificial light source.
See "sign, wall."
A sign constructed and placed so that its surface extends
beyond the building or wall to which it is attached.
A sign which offers for sale, lease or rent the property
upon which the sign is placed.
A movable sign or sign structure.
A sign painted on or affixed to and erected parallel to the
face of the outside wall, or recessed within the outside wall of a
building, which displays only one advertising surface. Such signs
may also be placed on decorative freestanding wall-like structures
which are sometimes placed along the frontage of or at the entrance
to a site.
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 4-8-2019 by Ord.
No. 676]
A raised section of a paved surface or roadway designed to
interfere with and deter speeding traffic.[20]
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A cellar
shall also be included as a half story.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
An easement set adjacent to the public right-of-way boundaries
for the purpose of planting and maintaining street shade trees, usually
required where utilities and infrastructure have preempted space within
the dedicated public right-of-way.
As used in Article XVIII, Pinelands Area Standards, any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
[Amended 8-3-1992 by Ord.
No. 403]
A combination of materials to form a construction that is safe
and stable and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, fences and display signs.[22]
As used in Article XIX, Air Safety and Hazardous Zoning Standards, any object constructed or installed by man, including but not limited to buildings, towers, smoke stacks, chimneys and overhead transmission lines.
A public or privately owned pool open to the general public
on a membership basis and having appropriate dressing room facilities,
recreational facilities and off-street parking areas.
A private swimming pool associated with a residential dwelling
unit or units and located on an individual residential lot.
As used in Article XX, Heliports, Helistops and Helipads, a powered movement of an aircraft on the ground or on water from one area to another, usually just before takeoff or after landing. Helicopters may hover-taxi as well as ground-taxi dependent upon the type of landing gear and the surface area being used.
As used in Article XX, Heliports, Helistops and Helipads, a pathway for the movement of an aircraft on the surface, usually connecting the landing and takeoff area with support facilities.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XX, Heliports, Helistops and Helipads, a defined part of the heliport or helistop to which a helicopter will approach and actually alight (or come to a zero forward ground speed hover from the approach prior to touchdown or taxiing to another area) and from which helicopter departures shall originate.
As used in Article XX, Heliports, Helistops and Helipads, a designated area of the facility on which a helicopter will actually alight.
As used in Article XXIII, Manufactured Homes, a recreational vehicle, travel trailer, camper or other transportable, temporary dwelling unit, with or without its own motor power, designed and constructed for travel and recreational purposes, to be installed on a nonpermanent foundation, if installation is required.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers, mobile homes, house trailers and trailer coaches, excepting
therefrom travel trailers which are under eight feet in width and
under 25 feet in length and which are not used for purposes of day-to-day
habitation.
Land and premises upon which two or more trailer coaches
occupied for dwelling or sleeping purposes are located. This term
shall include trailer coach parks and courts.
As used in Article XVI, Zoning Districts; Standards, any unit designed and used for living or sleeping purposes which is equipped with wheels or similar devices used for the purpose of transporting said unit from place to place, whether by motive power or other means, and without permanent foundation other than wheels, jacks or skirtings.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, an object of natural growth.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
As used in Article XVIII, Pinelands Area Standards, lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewer or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
As used in Article XVIII, Pinelands Area Standards, those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands includes lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
[Amended 8-3-1992 by Ord.
No. 403]
The establishment of a characteristic wetland or the removal
of exotic species or phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
[Added 4-9-2012 by Ord.
No. 589]
As used in Article XVIII, Pinelands Area Standards, those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryman, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
[Amended 8-3-1992 by Ord.
No. 403]
An open unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front lot line of the building, projected
to the side lines of that lot. Setback lines shall be synonymous with
the rear limit of the required front yard area.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
on the same lot. The depth of a rear yard shall be measured at right
angles to the rear line of the lot or, if the lot is not rectangular,
then in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot
and the nearest line to the building and extending from the front
yard to the rear yard or, in the absence of either side yards, to
the street or rear lot lines as the case may be. The width of a side
yard shall be measured at right angles to the side line of the lot.
The officially established Zoning Board of Adjustment of
the Borough of Buena.[23]
The officially established Zoning Officer of the Borough
of Buena.
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
[2]
Editor's Note: The zoning schedules are included as attachments to this chapter.
[4]
Editor's Note: See N.J.S.A. 13:18A-5.
[5]
Editor's Note: See N.J.S.A. 13:18A-8.
[6]
Editor's Note: This definition is carried under N.J.S.A. 40:55D-4.
[7]
Editor's Note: See N.J.S.A. 40:55D-4.
[8]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[9]
Editor's Note: The zoning schedules are included at the end
of this chapter.
[10]
Editor's Note: See N.J.S.A. 40:55D-5.
[11]
Editor's Note: The zoning schedules are included as attachments to this chapter.
[13]
Editor's Note: See N.J.S.A. 13:18A-3i and 13:18A-11a, respectively.
[14]
Editor's Note: Ordinance No. 542, adopted 12-11-2006, consolidated the functions of the Planning Board and Zoning Board of Adjustment into the Land Use Board. Section 1 of Ord. No. 542 stated in part that references to the Planning Board or Zoning Board of Adjustment in any existing ordinance shall be deemed to refer to the Land Use Board. See Art. II, Land Use Board.
[15]
Editor's Note: See also the definition of "resubdivision"
under N.J.S.A. 40:55D-6.
[17]
Editor's Note: The Table of Sign Standards is included as an attachment to this chapter.
[18]
Editor's Note: See N.J.S.A. 40:55D-7.
[19]
Editor's Note: The former definition of "specimen tree," as
amended, which immediately followed this definition, was repealed
6-2-1997 by Ord. No. 444.
[20]
Editor's Note: The former definition of "standard subsurface
sewage disposal system," as amended, which immediately followed this
definition, was repealed 6-2-1997 by Ord. No. 444.
[21]
Editor's Note: See N.J.S.A. 40:55D-7.
[22]
Editor's Note: See also N.J.S.A. 40:55D-7.
[23]
Editor's Note: Ordinance No. 542, adopted 12-11-2006, consolidated the functions of the Planning Board and Zoning Board of Adjustment into the Land Use Board. Section 1 of Ord. No. 542 stated in part that references to the Planning Board or Zoning Board of Adjustment in any existing ordinance shall be deemed to refer to the Land Use Board. See Art. II, Land Use Board.
The municipal agencies governing land use and development shall
adopt and may amend reasonable rules and regulations, under law, for
their administrative functions and shall furnish a copy thereof to
any person upon request. A reasonable fee may be charged.
[Amended 9-8-1998 by Ord.
No. 457; 9-28-2009 by Ord. No. 567; 9-12-2016 by Ord. No. 641]
Fees shall be as follows:
A.
Redivision (not creating a new lot): $150.
H.
Major site plan, preliminary.
|
Proposed Development Area
(square feet)
|
Fee
|
|---|---|
|
5,000 to 25,000
|
$1,000
|
|
25,000 to 50,000
|
$1,200
|
|
50,000 to 100,000
|
$1,500
|
|
100,000 to 250,000
|
$2,000
|
|
250,000 to 500,000
|
$3,000
|
|
500,000
|
$4,000
|
I.
Major site plan, final.
|
Proposed Development Area
(square feet)
|
Fee
|
|---|---|
|
5,000 to 25,000
|
$400
|
|
25,000 to 50,000
|
$500
|
|
50,000 to 100,000
|
$800
|
|
100,000 to 250,000
|
$1,000
|
|
250,000 to 500,000
|
$1,500
|
|
500,000
|
$2,000
|
J.
Perfected site plan submission. When the Board approves a development
plan with conditions specified in the resolution that minor details
be added, such required resubmission shall not be reviewed again by
the Board, provided that such plan shall not be signed by the Chairman
and Secretary until all the conditions of the resolution are met.
No fee shall be charged.
K.
Conditional use: $150.
L.
Applications for variances pursuant to N.J.S.A. 40:55D-70: $500,
plus $100 per variance.
M.
Extension of granted variance: $100.
N.
Special meetings requested by and/or charged to applicant, Land Use
Board: $750.
O.
Assessor's certified list of owners: $10 or $0.25 per name, whichever
is greater.
P.
Preparation of transcripts: $2 per page.
Q.
Certificates of approval: $3.
R.
Housing fee (single-family development): $500.
[Amended 9-8-1998 by Ord.
No. 457]
A.
Escrows or deposits for review and inspections. In addition to the application fees required by § 150-7, an applicant for development approval before any approval agency in the Borough of Buena is responsible for and shall pay all costs incurred by the approval agency, or by the Borough Council, for review, analysis, evaluation, inspection or other necessary professional reviews by their engineers, solicitors, professional planners or other professionals retained for these purposes. It is the intent of this section to require the applicant for any development approval requested of any approval agency, or the owner of the property which is to be developed, to pay all costs incurred at each phase of the zoning, planning or review process incurred by professionals on behalf of the Planning Board, the Zoning Board of Adjustment or the Borough Council. The Chief Financial Officer of the borough shall make all payments to professionals for services rendered to the Borough or its approval agencies for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspection of developments under construction, and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the borough or its approval agencies. The only cost that shall be added to any charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his or her bill.
B.
Scope of reimbursed services. The borough and its approval agencies
shall be entitled to be reimbursed for the review of applications,
both as to completeness and as to content; for the review and preparation
of documents such as, but not limited to, drafting resolutions, developer's
agreements, subdivision deeds and necessary correspondence with the
applicant or applicant's professionals.
C.
Deposit of escrow funds; refunds. All deposits received from any
applicant shall be held by the Chief Financial Officer in a special
escrow account. Deposits received from any applicant in excess of
$5,000 shall be held by the Chief Financial Officer in a special interest-bearing
deposit account, and upon receipt of bills from professionals and
approval of said bills as hereinafter provided for, the Chief Financial
Officer may use such funds to pay the bills submitted by such professionals
or experts. The borough shall not be required to refund an amount
of interest paid on a deposit which does not exceed $100 for the year.
If the amount of interest exceeds $100, the entire amount shall belong
to the applicant and shall be refunded to him by the borough annually,
or at the time the deposit is repaid or applied for the purposes for
which it was deposited, as the case may be, except that the borough
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount, which shall be in lieu of
all other administrative and custodial expenses. All sums not actually
so expended shall be refunded to the applicant within 90 days after
the final decision by the approval agency with respect to such application,
upon certification by the Board Secretary that such application has
been finally decided.
D.
Payments.
(1)
Each payment charged to the deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional, which voucher shall
identify the personnel performing the service, each date the services
were performed, the hours spent to one-quarter-hour increments, the
hourly rate charged and the expenses incurred. All professionals shall
submit vouchers on a monthly basis, in accordance with the schedules
and procedures established by the Chief Financial Officer, for services
rendered to the Planning or Zoning Board, or to the Borough Council,
as the case may be, which vouchers shall be immediately forwarded
to the Chief Financial Officer for payment. Professional charges shall
be consistent with charges approved by the approval agency in the
professional services agreement entered into between the agency and
the professional at the time of appointment. The professional shall
send an informational copy of all vouchers or statements submitted
to the Chief Financial Officer simultaneously to the applicant and
to the municipal agency for whom said services were performed.
(2)
The Chief Financial Officer shall prepare and send a statement to the applicant which shall include an accounting of funds listing all deposits, interest earnings (if applicable), disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the borough or its approving agencies to perform required application reviews or improvement inspections, the Secretary to the Planning or Zoning Board, or Chief Financial Officer, shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work or review to continue on the development or the application, the applicant shall, within 20 days of receipt of the above notice, post a deposit to the account in an amount to be agreed upon by the approving agency. In the interim, only required health and safety inspections shall be made and charged back against the replenishment of funds. If the applicant and the approving agency cannot agree upon the amount needed to replenish the escrow account, the applicant shall deposit sufficient funds to increase the escrow account to its initial level in accordance with the fee schedule set forth in § 150-8.1 of this chapter.
E.
Payments required prior to issuance of permits. No zoning permit,
building permit, certificate of occupancy or any other type of permit,
and no signed subdivision deed or plat, may be issued with respect
to any approved application for development until all bills for reimbursable
services have been received by the borough from professional personnel
rendering services in connection with such application and such bills
have been paid from available escrow funds.
F.
Close-out procedures.
(1)
The following close-out procedures shall apply to all deposits and
escrow accounts established under the provisions of N.J.S.A. 40:55D-1
et seq. and shall commence after the approval agency has granted final
approval and signed the subdivision plat or site plan, in the case
of application review escrows and deposits, or after the improvements
have been approved in accordance with N.J.S.A. 40:55D-53, in the case
of improvement inspection escrows and deposits.
(2)
The applicant shall send written notice by certified mail to the
Chief Financial Officer, to the approval agency and to the relevant
municipal professional, that the application or the improvements,
as the case may be, are completed. Within 30 days of receipt of such
notice, the professional shall render a final bill to the Planning
or Zoning Board, or to the Borough Council, as the case may be, which
shall immediately be forwarded to the Chief Financial Officer for
payment. The professional shall forward a copy of said bill simultaneously
to the applicant. The Chief Financial Officer of the municipality
shall render a written final accounting to the applicant on the uses
to which the deposit was put within 45 days of the receipt of the
final bill. Any balances remaining in the deposit or escrow account,
including interest in accordance with N.J.S.A. 40:55D-53.1, shall
be refunded to the developer, if applicable, along with the final
accounting.
G.
Scope of charges. All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approval agency or upon review of compliance
with the conditions of approval, or review of requests for modification
or amendment made by the applicant. Such charges shall be consistent
with fees approved by the approval agency in the professional services
agreement entered into between the approval agency and the professional.
A professional shall not review items which are subject to approval
by any state governmental agency and not under municipal jurisdiction
except to the extent that consultation with a state agency is necessary
due to the effect of state approvals on the subdivision or site plan.
H.
Limitation of inspection fees. Inspection fees shall be charged only
for actual work shown on the subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
I.
Substitution of professionals. If the borough or an approving agency
retains a different professional or consultant in the place of a professional
originally responsible for development application review, inspection
or improvements, the borough or approving agency shall be responsible
for all time and expenses of the new professional to become familiar
with the application or the project, and the borough or approving
agency shall not bill the applicant or charge to the deposit or escrow
account for services rendered by the new professional to become familiar
with the application.
J.
Estimate of costs of improvements. The costs of the installation
of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the engineer who has contracted to perform engineering services
for the Planning or Zoning Board, or by the Municipal Engineer, based
on documented construction costs for the public improvements prevailing
in the general area of the borough. The developer may appeal the engineer's
estimate of costs to the County Construction Board of Appeals established
pursuant to N.J.S.A. 52:27D-127.
K.
Appeals. An applicant shall notify the Borough Council in writing,
with copies to the Chief Financial Officer, the approval agency and
the professional, whenever the applicant disputes the charges made
by a professional for a service rendered to the Planning or Zoning
Board, or to the municipality, in reviewing applications for development,
review and preparation of documents, inspection of improvements or
other charges made pursuant to N.J.S.A. 40:55D-53.2. The Borough Council
or its designee shall, within a reasonable time, attempt to remediate
any disputed charges. If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal to the County Construction
Board of Appeals as provided by N.J.S.A. 40:55D-53.2a. During the
pendency of any appeal, the borough or approval agency shall continue
to process, hear and decide the application for development and to
inspect the development in the normal course and shall not withhold,
delay or deny reviews, inspections, signing of subdivision plats or
site plans, the reduction or release of performance or maintenance
guaranties, the issuance of construction permits or certificates of
occupancy, or any other approval or permit because an appeal has been
filed or is pending under this section. The Chief Financial Officer
of the municipality may pay charges out of the appropriate escrow
account or deposit for which an appeal has been filed. If a charge
is disallowed after payment, the Chief Financial Officer shall reimburse
the deposit or escrow account in the amount of any such disallowed
charge or refund the amount to the applicant. If a charge is disallowed
after payment to a professional or consultant who is not an employee
of the municipality, the professional or consultant shall reimburse
the borough in the amount of any such disallowed charge.
[Added 9-8-1998 by Ord.
No. 457; amended 9-28-2009 by Ord. No. 567]
A.
Escrow deposits required for complete application. The required escrow
deposits set forth below shall be paid at the time of filing an application
for development, and no application shall be deemed complete until
the required escrow deposit is paid. Any further escrow deposits required
shall be paid no later than 20 days after the applicant is advised
by the appropriate official that additional escrow funds are necessary.
In the event that the applicant and the borough cannot agree on the
amount of additional escrow deposit required, then and in that event,
the applicant shall pay an amount necessary to increase the escrow
fund to its original amount and shall contest such amount at a later
time after the additional escrow funds are paid. In the event that
the applicant does not promptly pay additional escrow funds within
20 days of receiving notice thereof, the Land Use Board or Borough
Council may, at their sole discretion, refuse to take any further
action with regard to pending applications or, in the alternative,
may determine that the application is not complete. In the event that
approvals have already been given to the applicant and the applicant
has been advised of the need for additional escrow funds and fails
to timely fund any additional escrows, any temporary, final or other
approvals shall be suspended and, therefore, ineffective until such
time as the additional escrow funds are deposited with the Chief Financial
Officer.
|
Development Application
|
Required Escrow
| |||
|---|---|---|---|---|
|
(1) Minor subdivision
|
$900
| |||
|
(2) Major subdivision, preliminary approval
| ||||
|
Up to 30 lots (including any reserved parcel)
|
$2,500 plus $125 per lot
| |||
|
In excess of 30 lots (including any reserved parcel)
|
$5,000 plus $125 per lot
| |||
|
(a) Extension of preliminary approval
|
20% of original escrow deposit
| |||
|
(b) Substantial revision or additional review of preliminary
approval
|
100% of original escrow deposit
| |||
|
(3) Major subdivision, final approval
|
100% of original escrow deposit for preliminary approval
| |||
|
(a) Extension of final approval
|
20% of original escrow deposit
| |||
|
(4) Site plan review
| ||||
|
(a) Minor site plan
|
$900
| |||
|
[1] Development plan on a vacant tract of land which proposes
construction of 1,000 square feet of floor area or less; or has provision
for 10 parking spaces or fewer
|
$1,200
| |||
|
[2] Application to conduct a business use or home occupation
within the property owner's residence or an accessory structure thereto
|
$500
| |||
|
[3] Accessory building located within a designated flood zone
|
$300
| |||
|
(b) Site plan, preliminary approval
| ||||
|
[1] Commercial or industrial site plan
| ||||
|
1,001 to 5,000 square feet of floor area
|
$2,500 escrow deposit
| |||
|
5,001 to 10,000 square feet of floor area
|
$3,000 escrow deposit
| |||
|
10,001 to 50,000 square feet of floor area
|
$4,000 escrow deposit
| |||
|
50,001 to 100,000 square feet of floor area
|
$5,000 escrow deposit
| |||
|
Over 100,000 square feet of floor area
|
$6,500 escrow deposit
| |||
|
[2] Residential multifamily housing site plan
| ||||
|
3 to 5 dwelling units
|
$1,500 escrow deposit
| |||
|
6 to 15 dwelling units
|
$2,500 escrow deposit
| |||
|
16 or more dwelling units
|
$3,500 escrow deposit
| |||
|
[3] Building alteration, new construction
| ||||
|
For the first 1,000 square feet of additional gross floor area
|
$500, plus $250 for each additional 1,000 square feet of floor
area up to 3,000 square feet
| |||
|
3,001 to 5,000 square feet of additional gross floor area
|
$2,500
| |||
|
5,001 to 10,000 square feet of additional gross floor area
|
$3,000
| |||
|
10,001 to 50,000 square feet of additional gross floor area
|
$4,000
| |||
|
50,001 to 100,000 square feet of additional gross floor area
|
$5,000
| |||
|
Over 100,000 square feet of additional gross floor area
|
$6,500
| |||
|
[4] Change of use to a new permitted use
|
$750
| |||
|
(c) Major plan, final approval
| ||||
|
[1] Commercial or industrial site plan
| ||||
|
1,001 to 5,000 square feet of floor area
|
$2,500 escrow deposit
| |||
|
5,001 to 10,000 square feet of floor area
|
$3,000 escrow deposit
| |||
|
10,001 to 50,000 square feet of floor area
|
$4,000 escrow deposit
| |||
|
50,001 to 100,000 square feet of floor area
|
$5,000 escrow deposit
| |||
|
Over 100,000 square feet of floor area
|
$6,500 escrow deposit
| |||
|
[2] Residential multifamily housing site plan
| ||||
|
3 to 5 dwelling units
|
$1,500 escrow deposit
| |||
|
6 to 15 dwelling units
|
$2,500 escrow deposit
| |||
|
16 or more dwelling units
|
$3,500 escrow deposit
| |||
|
[3] Building alteration, new construction
| ||||
|
For the first 1,000 square feet of additional gross floor area
|
$500 plus $250 for each additional 1,000 square feet of floor
area up to 3,000 square feet
| |||
|
3,001 to 5,000 square feet of additional gross floor area
|
$2,500
| |||
|
5,001 to 10,000 square feet of additional gross floor area
|
$3,000
| |||
|
10,001 to 50,000 square feet of additional gross floor area
|
$4,000
| |||
|
50,001 to 100,000 square feet of additional gross floor area
|
$5,000
| |||
|
Over 100,000 square feet of additional gross floor area
|
$6,500
| |||
|
[4] Change of use to a new permitted use
|
$750
| |||
|
(5) Single-and-two-unit dwellings on lots of record, drainage
review
|
No escrow deposit
| |||
|
(6) Applications for variances or interpretations (without site
plan, or in addition to site plan)
| ||||
|
(a) Applications under N.J.S.A. 40:55D-70a
|
$750 escrow deposit
| |||
|
(b) Applications under N.J.S.A. 40:55D-70b
|
$750 escrow deposit
| |||
|
(c) Applications under N.J.S.A. 40:55D-70c
|
$750 escrow deposit
| |||
|
(d) Applications under N.J.S.A. 40:55D-70d
|
$750 escrow deposit
| |||
|
(e) Any application for a variance pursuant to N.J.S.A. 40:55D-70d
to permit a subdivision or site plan set forth in § 150-81A(2),
(3) and (4) shall require payment of escrow deposits as follows:
| ||||
|
[1] If the application for subdivision or site plan approval
is submitted concurrently with the variance application, the dollar
amount of the escrow required to be deposited shall be the sum of
$750 plus a sum of money equivalent to the dollar amount set forth
in the applicable provision or provisions of § 150-8.1A(1),
(2), (3) or (4).
| ||||
|
[2] If the application for subdivision or site plan approval
is submitted separately, or at a different time, from the application
for variance pursuant to N.J.S.A. 40:55D-70(d), two separate escrow
deposits shall be required. The dollar amount of the escrow required
to be deposited at the time of the variance application is submitted
shall be the sum of $750 plus a sum of money equivalent to the dollar
amount set forth in the applicable provision or provisions of § 150-8.1A(2),
(3) or (4). The dollar amount of the escrow required to be deposited
at the time the application for subdivision or site plan approval
is submitted shall be equivalent to the sum set forth in the applicable
provision or provisions of § 150-8.1A(2), (3) or (4).
| ||||
B.
Escrow deposits required for inspection of improvements. Prior to
the installation of any improvements to be installed pursuant to development
approval granted by any borough approval agency, each applicant shall
deposit with the Chief Financial Officer of the Borough of Buena an
amount not to exceed the greater of $500 or 5% of the cost of improvements,
which cost shall be estimated by the Municipal Engineer based on documented
construction costs for public improvements prevailing in the general
area of the Borough of Buena. For those developments for which the
inspection fees are less than $10,000, fees may, at the option of
the applicant, be paid in two installments. The initial amount deposited
by an applicant shall be 50% of the inspection fee. When the balance
on deposit drops to 10% of the inspection fee because the amount deposited
by the applicant has been reduced by the amount paid to the Municipal
Engineer for inspection, the applicant shall deposit the remaining
50% of the inspection fee. For those developments for which the inspection
fees are $10,000 or greater, fees may, at the option of the applicant,
be paid in four installments. The initial amount deposited by an applicant
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
applicant has been reduced by the amount paid to the Municipal Engineer
for inspection, the applicant shall make additional deposits of 25%
of the inspection fees. The Municipal Engineer shall not perform any
inspection if sufficient funds to pay for those inspections are not
on deposit.
The following are exempt from payment of the initial review
fee:
[Added 12-13-2010 by Ord.
No. 572]
A.
It is the purpose of this section to impose upon developers and subdivision
applicants the costs incurred by the Borough of Buena in updating
the municipal tax map as a result of the approval of various subdivisions
or the creation of any new lots within Borough of Buena. Said costs
are directly related to the subdivision procedure, and thereby the
Borough of Buena determines that they should be borne by the developer/applicant
for all said subdivisions.
B.
Each applicant and/or developer for any approval which results in
the creation of any new lots, revision of any existing lots, and/or
other alterations to the tax map shall be responsible for paying all
reasonable charges incurred by the Borough of Buena in updating said
tax map. These costs shall include, but not be limited to, revisions
to existing tax map plates, creation/addition of new tax map plates,
appropriate revisions to the key map(s), reprographic services for
applicable municipal, county and state submission copies, as well
as any reasonable shipping and handling fees involved.
C.
Once final subdivision and/or new lot approval has been received,
an escrow account shall be established by the applicant and maintained
by the Borough of Buena for the express purpose of maintaining the
tax map. The escrow amount shall be established by the Land Use Board
in the approved resolution. No construction permit shall be issued
until said costs are posted with the Borough of Buena, as outlined
below:
(1)
Minor subdivision, original parcel under one acre, no easements:
$50 for remainder lot plus $50 per each new lot created.
(2)
Minor subdivision, original parcel over one acre, no easements:
$75 for remainder lot plus $75 per each new lot created.
(3)
Easements: $75 per easement.
(4)
Major subdivision, no new street, no easements: $70 for remainder
lot plus $70 per each lot created. Easements: $50 per easement.
(5)
Major subdivision, one new street created: $70 per lot for the
first four lots plus $50 per lot beginning with the fifth lot, up
to the 20th lot. Additional fees for easements, more than one new
street, and more than 20 lots, $50 per additional item.
D.
If any portion of the escrow account remains unused following the
appropriate revision to the tax map, it shall be refunded to the applicant.
E.
In the event that any application for development is denied and the
application is no longer pending before the respective Board, then
any portion of the aforementioned fee which has not been expended
by the Borough for maintaining the tax map shall be refunded to the
applicant.
F.
In addition to the maintenance fees noted, each approved applicant
must supply a map of the new subdivision or new lot in a scale suitable
for inclusion on the Borough of Buena tax map. Said map can be submitted
in electronic or hardcopy formats, and must be compliant with current
New Jersey Map Filing Law guidelines (N.J.S.A. 46-23.1).
G.
This section shall take effect after final approval and publication
as provided by law.
A.
The Board shall fix the time and place for holding regular meetings.
B.
Regular meetings shall be held once a month unless canceled for lack
of applications.
C.
Special meetings may be called by the Chairman or at the request
of two members of the Board.
D.
No action shall be taken at any meeting without a quorum being present
(that is a majority of the full authorized membership of the Board
or Committee having power to act).
E.
All actions shall be taken by a majority vote of the members present,
unless required otherwise by N.J.S.A. 40:55D-9.
F.
All regular and special meetings shall be open to the public. An
executive session for the purpose of discussion and study shall not
be deemed a regular or special meeting.
G.
Minutes shall be kept of every regular and special meeting and shall
be made available for public inspection or used as evidence in a legal
proceeding. A reasonable fee for a copy of the minutes may be charged.
A.
The Planning Board shall hold a hearing on each application for development
and on the adoption, revision or amendment to the Master Plan.
B.
The Planning Board shall make the rules governing such hearings.
The subject maps and documents shall be available for public inspection
at least 10 days before the date of the hearing.
C.
The officer presiding shall have power to administer oaths and issue
subpoenas.
D.
The testimony of all witnesses shall be taken under oath, and the
right of cross-examination shall be permitted to all interested parties,
subject to the discretion of the presiding officer.
E.
Technical rules of evidence shall not apply, but the Board may exclude
irrelevant and unduly repetitious evidence.
F.
Verbatim recording of the proceedings shall be provided. Transcripts
or duplicate recordings shall be provided on request to any interested
party at his expense. Such charge shall not exceed the maximum permitted
in N.J.S.A. 2B:7-4. Said transcript shall be certified in writing.
H.
A copy of the Board's decision shall be mailed to the applicant or
his attorney within 10 days.
I.
A brief notice of the decision shall be published in the newspaper
of general circulation.
J.
A copy of the decision shall also be filed with the Borough Clerk.
At the request of the developer, the Planning Board shall grant
an informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
Any fees for such an informal review shall be a credit toward fees
for review of the application for development. Neither the Planning
Board nor the developer shall be bound by such review.
A member who was absent from one or more meetings at which a
hearing was held shall be eligible to vote, provided that such member
has read the transcript or listened to the recording and so certifies
in writing.
A.
No application for development shall be deemed complete unless:
[Added 9-8-1998 by Ord.
No. 457]
(1)
Real estate taxes on the property which is the subject of an application
for development have been paid as verified by a certificate from the
Tax Collector.
(3)
If the property which is the subject of the development application
is located in any Pinelands area within the Borough of Buena, the
development application shall only be deemed complete upon the production
of a certificate of filing from the Pinelands Commission.
B.
An application shall be deemed complete when so certified by the board, for the purpose of commencing the applicable time period for action, provided that the requirements of Subsection A of this section had been met.
[Amended 9-8-1998 by Ord.
No. 457]
C.
If the Board does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete unless:
[Amended 9-8-1998 by Ord.
No. 457]
D.
The applicant shall prove he is entitled to approval of the application.
E.
The Board may require the correction of information and the submission
of additional information not specified herein or revisions which
are reasonably needed to make an informed decision as to whether the
requirements necessary for approval of the application have been met.
A.
The applicant shall provide notice of the default to all entitled
to notice on the application for development by personal service or
certified mail.
B.
The applicant shall arrange publication of the notice of default
in the official borough newspaper.
C.
The applicant shall file proof of service and publication as provided
by law.
Notices shall state the date, time and place of the hearing,
the nature of the matters to be considered, identification by address
or by lot and block numbers of the land under review and that the
relevant maps and documents are available for public review.
A.
Notices under this section shall be given at least 10 days prior
to the date of hearing.
(1)
(2)
Notice of a hearing requiring public notice shall be given to all
property owners located within 200 feet of the subject property as
required by law.
(3)
Upon written request, the Assessor shall prepare a certified list
of property owners within seven days.
(4)
Notice shall be given to the Clerk of an adjoining municipality for
development located within 200 feet of said municipality.
(5)
Notice shall be given to the County Planning Board for development
adjacent to an existing county road or to proposed road shown on the
Official County Map or County Master Plan or for development adjoining
county lands or development within 200 feet of a municipal boundary.
(6)
Notice shall be given to the Commissioner of Transportation on an
application for development of property adjacent to a state highway.
(7)
Notice shall be given to the State Planning Commission for the development
of property which exceeds 150 acres or 500 dwelling units and shall
include a copy of any maps or documents required to be on file.
(8)
An affidavit of proof of service shall be filed with the Planning
Board by the applicant.
B.
Notice shall be by personal service or by certified mail.
The Planning Board shall give, at least 10 days prior to the
date of a hearing:
A.
Public notice on the adoption, revision or amendment of the Master
Plan.
B.
Notice by personal service or certified mail to the Clerk of an adjoining
municipality when property within 200 feet of such municipality is
involved.
C.
Notice by personal service or certified mail to the County Planning
Board, including a copy of proposals to be heard. Notice shall also
be sent to the county within 30 days of the adoption of proposals,
including a copy as adopted.
A.
Notice by personal service or certified mail shall be made to an
adjoining municipality of all hearings or adoption, revision or amendment
of a development regulation involving property situated within 200
feet of such municipality, at least 10 days prior to hearing.
C.
All notices shall include a copy of the proposed development regulation,
the Official Map or the capital improvement program, or any proposed
revision thereto, as the case may be.
D.
Notices shall state the date, time and place and the nature of matters
to be considered. Any notice by certified mail pursuant to this section
shall be deemed complete upon mailing.
A.
Development regulations, except for the Official Map, shall not take
effect until a copy is filed with the County Planning Board.
B.
A zoning ordinance, or amendment or revision, which is inconsistent
with the land use element of the Master Plan shall not take effect
until a copy of the required resolution has been filed with the County
Planning Board.
C.
The Official Map shall not take effect until it is filed with the
county recorder.
D.
All copies of development regulations, reviews or amendments shall
be filed and maintained by the Borough Clerk.
[Amended 12-18-1995 by Ord. No. 431]
A.
The governing body of Buena Borough shall enforce the provisions
of this chapter and the New Jersey Municipal Land Use Law[1] on which it is based. In the event of any violations of
this chapter and the Municipal Land Use Law, the proper local authorities
or any interested parties, in addition to other remedies, may institute
any appropriate action or proceedings to prevent unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to restrain, correct or abate such violation to prevent
the occupancy of said unlawful construction or land use or to prevent
any illegal act, conduct, business or use in or about such premises.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In order to ensure that site improvements which are required as a
condition of developmental approval granted by the Planning Board
or Zoning Board of the Borough of Buena are installed by the applicant
or landowner, the following additional requirements are hereby imposed
in connection with all development approvals granted by the Planning
Board or Zoning Board of the Borough of Buena:
(1)
The engineer, architect or land surveyor, as permitted by statute,
or, where applicable, the applicant for any development approval who
prepares and certifies the accuracy of site plans which are submitted
to the Planning or Zoning Board in conjunction with any development
approval shall also be required to inspect the site after construction
of the approved development and certify that all conditions imposed
by the Planning Board or Zoning Board have been met and that all improvements
required by the approved site plan have been properly installed in
accordance with proper engineering or architectural standards.
(2)
The certification aforesaid, once received by the Planning or Zoning
Board, shall be submitted to the engineer who advises the Planning
Board and/or Zoning Board for review and approval and shall also be
submitted to the Construction Official of the Borough of Buena for
his information and for the information of the appropriate subcode
official who is responsible for site inspection prior to the issuance
of a certificate of occupancy.
C.
In order to ensure that adequate fees for review and inspection of site improvements are available for review and inspection of site developments by the Zoning or Planning Board engineer, the Planning Board or Zoning Board shall, upon imposing development conditions, require the owner or applicant to deposit with the borough, pursuant to §§ 150-7 and 150-65, such additional fees as may be necessary for review and inspection of site improvements by the engineer advising the Planning or Zoning Board so that sufficient fees will be available after installation and certification by the owner or applicant's engineer, architect or land surveyor to verify that all such improvements have been installed in accordance with proper engineering or architectural standards and in accordance with the perfected site plan which was approved by the Planning or Zoning Board.
D.
In the event that the engineer advising the Zoning Board or Planning
Board determines that some or all of the conditions imposed by the
Planning or Zoning Board for site improvements have not been installed
in accordance with the final approved plan or in accordance with accepted
engineering or architectural standards, said engineer shall notify
the owner or applicant of such failure, outlining the deficiencies
which must be corrected for approval of such site improvements.
E.
No certificate of occupancy shall be issued to the owner or applicant
of any property until the Construction Official or appropriate subcode
official has received the following:
(1)
A certification from an architect, engineer, surveyor or other appropriate
person, as provided by statute, verifying that site improvements or
conditions which have been imposed as a condition of development approval
by the Planning Board or Zoning Board have been installed by the applicant
or owner in accordance with accepted engineering or architectural
standards and in accordance with the site plan approved by the Planning
or Zoning Board.
(2)
A certification or approval by the engineer advising the Zoning or
Planning Board confirming that he or she has inspected and approved
the certification aforesaid or, if such engineer deems necessary,
verifying that he or she has inspected the improvements actually installed.
If a public utility is aggrieved by the action of a Buena Borough
agency exercising its powers under this chapter, said utility may
appeal to the New Jersey Board of Public Utility Commissioners within
35 days after such action without appeal to the governing body, unless
the utility so chooses, as provided under N.J.S.A. 40:55D-19.
Any power authorized herein to be exercised by the Planning
Board or the Board of Adjustment shall not be exercised by any other
body except as may be otherwise provided under the New Jersey Municipal
Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
If, during the period of approval, the developer is barred or
prevented from proceeding by a legal action or order and the developer
is otherwise ready to proceed with the development, the running of
the period of approval shall be suspended for the time said legal
action is pending or such court order is in effect.
A.
Approved application pending legal action. The Planning Board shall
process the application and grant approval, if it complies with the
provisions of this chapter, conditioned on the removal of such legal
barrier to development.
B.
Approved application requiring other agency approval. The Planning
Board shall condition its approval upon the subsequent approval of
such other governmental agency, provided that the other agency acts
within the time and under the specifics of this chapter and/or applicable
New Jersey statutes.
