Certain words, phrases and terms in this chapter are defined
for the purpose thereof as follows. Any word or term not defined herein,
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or in the
New Jersey Council on Affordable Housing Procedural and Substantive
Regulations, N.J.A.C. 5:91, 5:92 and 5:93 et seq., shall be used with
a meaning of standard usage for the context in which the word is used.
For the purpose of this chapter, unless the context clearly indicates
a different meaning, the term "shall" indicates a mandatory requirement,
and the term "may" indicates a permissive action. Words used in the
present tense include the future. The singular number includes the
plural and the plural, the singular. The word "lot" includes the word
"plot;" the word "building" includes the word "structure;" the word
"zone" includes the word "district;" the word "occupied" includes
the word "designed;" the word "use" includes the words "arranged,"
"designed" and the phrases "intended to be used" and "intended to
be occupied". Words and terms pertaining to New Jersey Council on
Affordable Housing in N.J.A.C. 5:91, 5:92, and 5:93 et seq. applicable
to this chapter are included in Article 8, Affordable Housing.
[Ord. No. 96-17; Ord. No. 98-18 § II; Ord. No. 99-06 § II; Ord. No. 00-04 §§ VI and
XII; Ord. No. 00-14; Ord. No. 00-16 § VI; Ord. No. 00-26 § VI; Ord. No. 01-15 § II; Ord. No. 02-01, § I; Ord. No. 03-24 § I; Ord.
No. 06-10, § 1; Ord. No.
10-12 § I; Ord. No. 13-13 §§ 1, 2; Ord. No. 13-15; Ord. No. 2015-18 § 1]
The following words and terms are defined for purposes of this
chapter:
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached to the principal
building by a shared wall, it shall be considered a part thereof and
shall be subject to the standards associated with principal structures.
[Added 5-20-2020 by Ord. No. 20-11]
A use of land or of a building or structure or portion thereof
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot as the principal use.
[Added 5-20-2020 by Ord. No. 20-11]
An acre is an area of land that contains 43,560 square feet.
For Planning Board matters, the Board Engineer; for Board
of Adjustment matters, the Board Engineer; and for certificate of
subdivision approval, the Board Engineer. All plans shall be filed
with the respective Board Secretary, however, the appropriate Board
Engineer shall be responsible for issuing a certificate of completeness
in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq. When a matter has been appealed to the Township Committee and/or
is pending before the Township Committee, the Administrative Officer
shall be the Clerk of the Township.
Conditions or situations creating imposing, aggravating or
leading to impractical, unsafe or unsatisfactory conditions on a subdivided
property or adjacent property such as improper circulation and drainage
rights-of-way as defined in N.J.S.A. 40:55D-38, as amended, inadequate
drainage facilities, insufficient street widths, unsuitable street
grades, unsuitable street locations to accommodate prospective traffic
or coordinate and compose a convenient system, locating lots in a
manner not adaptable for the intended purposes without danger to health
or peril from flood, fire, erosion or other menace, providing for
lots of insufficient size and neither providing nor making future
allowance for access to the interior portion of the lot or for other
facilities required by this chapter.
The use of land solely for the growing and harvesting of
crops and/or the raising and breeding of animals.
The growing and harvesting of crops and/or the raising and
breeding of poultry, horses and livestock including dairies, nurseries,
greenhouses and accessory building incidental to agricultural uses.
Any change in supporting members of a building, except such
change as may be required for its safety; an addition to a building;
any change in use from one District classification to another; or
removal of a building from one location to another.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, planned development,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 of the
Municipal Land Use Law.
The Planning Board of Millstone Township unless a different
agency is designated by the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
A portion of a building lying partly underground and having
less than 1/2 of its clear ceiling height below the average grade
of the adjoining ground. For the purposes of this chapter, a basement
shall be considered to be a story.
The Planning Board or Zoning Board of Adjustment of the Township
of Millstone as the case may be acting pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
The Board established pursuant to N.J.S.A. 40:55D-69.
A strip of land which separates commercial, office or industrial-type
zoning districts from adjoining residential districts so as to allow
adequate screening of view, noise or activity taking place within
these districts from adjoining residences. Within any such buffer
area, no buildings, structures, driveways, parking or loading area
or other use of land shall be permitted unless otherwise provided
in this chapter.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The total area of the outside dimensions, on a horizontal
plane at the main grade level of the principal building and all accessory
buildings, exclusive of paved terraces or steps.
The area of a lot which is covered by buildings as measured
from the outside of the exterior walls of the ground floor of all
principal and accessory buildings on the lot.
The sum of the floor area of buildings compared to the total
area of the site.
The vertical dimension measured to the highest point of a
building from the average elevation of the finished grades along all
sides of the building, provided that if the finished grade is higher
than the predevelopment grade at any point beneath the building, then
the building height shall be measured from an elevation no higher
than one foot above the highest point of the predevelopment grade
beneath the building. In all cases where this ordinance provides for
height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories within said footage.
The line to which the principal building must conform in
its setback from the street line. The building setback line is a line
drawn the required setback distance for the zone from and parallel
to the future right-of-way line of the street. For the purposes of
this chapter the future right-of-way line and front street property
line shall always be coterminous.
A building in which is conducted the main use of the lot
on which said building is situated.
A cable television company as defined pursuant to N.J.S.A.
48:5A-3.
A governmental acquisition of real property or major construction
project.
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width. Cartway shall be synonymous with the word "pavement
width."
A portion of a building lying partly underground and having
more than 1/2 of its clear ceiling height below the average grade
of the adjoining ground. For the purposes of this chapter, a cellar
shall not be considered to be a story.
A line midway between and parallel to the two street or property
lines.
A certificate issued by the Construction Official and enforced
by the Zoning Officer upon completion of the construction of a new
building or upon change or conversion of the structure or use of a
building, which certifies that all requirements and regulations as
provided herein and all other applicable requirements have been complied
with and as further defined in the New Jersey Uniform Construction
Code.
Any alteration or modification which results in a use not
substantially of the same kind or purpose as the original use, including
but not limited to the following circumstances:
Any change from an industrial use to any other industrial use;
Any increase in the number of dwelling units in a structure
which would result in three or more total units;
Any increase in the number of commercial units in a structure;
Any change from any nonresidential use to any other use for
which any standard set forth in this chapter is greater or more restrictive;
Any change from a residential use to any nonresidential use;
Any change in use from any existing or permitted use to any
conditional use;
Any change from any existing or permitted use ("the old use")
to a different permitted use ("the new use") where the new use would
be classified as falling within a more intensive use category than
would the old use, when such comparison is applied to the following
general use categories arranged from less intense to more intense
(for example, retail business is deemed more intense than professional
office which is deemed more intense than residential use, etc.):
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Residential Use
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Professional Office
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Retail Business
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Other Office
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Business other than Retail and Commercial Except Industrial
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Industrial
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Any change in use which would yield a higher number of parking stalls, as indicated by § 35-7-3.5 of the Land Use and Development Regulations.
"Volume of Sanitary Sewage" of Title 7, "Department of Environmental Protections determined by Section 7:9A-7.4, "Volume of Sanitary Sewage" of Title 7, "Department of Environmental Protection - New Jersey Administrative Code."
Any change in use which will increase water supply requirements
for the structure as compared to the existing use(s).
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage, or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such other means as terminals,
stations, warehouses, and other storage buildings or transshipment
points.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
See "Residential Cluster."
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application form completed as specified by ordinance and
the rules and regulations of the Municipal Agency, and all accompanying
documents required by ordinance for approval of the application for
development, including where applicable, but not limited to a site
plan or subdivision plat; provided that the Municipal Agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents, as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the Municipal Agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the Municipal Agency,
and shall be deemed complete as of the day it is so certified by the
Administrative Officer for purposes of the commencement of the time
period for action by the Municipal Agency.
A conceptual plan submitted by an applicant for the development
of a site for discussion and review on an informal basis. When requested,
the Planning Board shall grant an informal review of a concept plan
for development for which the developer intends to prepare and submit
an application for development. There shall be no review fee for such
an informal submission. The developer shall not be bound by any concept
plan for which review is requested and the Board shall not be bound
by any such review.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning regulations, and upon the issuance of an
authorization therefor by the Planning Board.
A grant or grants to the Township sufficient to permit the
Township to preserve and conserve woodlands, wetlands, floodplains,
steep slopes and other areas of environmental significance from future
development or adverse disturbance.
Development other than planned development.
Calendar days.
Diameter at Breast Height or three feet measured from the
ground.
(Cul-de-sac) A minor street with only one outlet.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or land
or extension of use of land, for which permission may be required
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A zoning, subdivision, site plan, Official Map or other municipal
ordinance or regulation of the use and development of land, or amendment
thereto, adopted and filed pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utility, or required along a natural stream or watercourse for
preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A room or series of connecting rooms containing living, cooking,
sleeping and sanitary facilities for one household.
A building designed and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building.
[Amended 5-20-2020 by Ord. No. 20-11]
A right granted to the Township or other governmental authority
for the use of private land for certain public and quasi-public purposes.
Any plant or animal species whose prospects for survival
are in immediate danger because of a loss or change in habitat, over-exploitation,
predation, competition, disease, disturbance or contamination. Assistance
is needed to prevent further extinction.
The official licensed professional engineer appointed by
the Planning Board of Millstone Township.
The official licensed professional engineer appointed by
the Township Committee of Millstone Township.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A statement of environmental impact and assessment which for the purpose of this chapter shall consist of studies, reports, documents, maps and findings of fact prepared by an applicant as part of a development application. Said SEIA shall be consistent with and shall contain all that information, data and documentation contained in Article 9.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the Freehold
Soil Conservation District pursuant to N.J.S.A. 4:24-2 et seq., the
New Jersey Soil Erosion and Sedimentation Control Law.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products and provided that such building is located on, operated
in conjunction with, and necessary to the operation of a farm. See
definition of "Non-farm."
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a subdivision which
is presented to the Board for final approval in accordance with the
provision of this chapter, and which, if approved, shall be filed
with the Monmouth County Clerk.
The relatively flat terrain adjoining a water channel which
has been or may be hereafter covered by flood water of the channel.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls, but not including
any space where the floor-to-ceiling height is less than six feet.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
See "Building Floor Area Ratio."
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor substances, and which may
include the sale of motor vehicle accessories, the rental of automobiles,
trucks and trailers, and facilities used or designed to be used for
polishing, greasing, washing, spraying, dry cleaning or otherwise
cleaning or servicing such motor vehicles.
An area of 50 or more contiguous acres containing a full
size professional golf course, at least nine holes in length, together
with the necessary and usual accessory uses and structures.
The Township Committee of the Township of Millstone.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archeological, cultural, scenic or architectural significance.
Any activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit or on the lot
on which the dwelling unit is located.
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative
development, or other owner of property or interests in the project
shall be member;
Each occupied dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization activities and maintenance,
including any maintenance costs levied against the Association or
the Township; and
Each owner and tenant has a right to use the common property.
One or more persons living together in a single housekeeping
unit under a common housekeeping management plan based on an intentionally
structured relationship providing organization and stability.
An interested party means:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey;
In the case of a civil proceeding in any court or in any administrative
proceeding before a Municipal Agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is or may be affected by any action taken under this
act, or whose rights to use, acquire, or enjoy property under this
act, or under any other law of this State or of the United States
have been denied, violated or infringed by an action or a failure
to act under N.J.S.A. 40:55D-1 et seq.
A commercial establishment in which more than five dogs and/or
other domesticated animals more than one year old are housed for the
purpose of grooming, breeding, boarding, training and/or sale.
Improvements and fixtures on, above or below the surface.
Any activity involving the clearing, grading, transportation,
filling of land and any other activity which causes land to be exposed
to the danger of erosion.
A plan prepared by a New Jersey Certified Landscape Architect
or other authorized professional which shows the location and sizes
of existing shade and ornamental trees and shrubs which are proposed
to be retained, removed, thinned, or pruned; the location and quantity
of all proposed planting material; a planting list or schedule indicating
the botanical and common names of all proposed plant material, their
minimum size at the time of installation, root condition and spacing;
planting details indicating the method of plant installation, including
backfill mixture, staking, trunk protection, etc.; areas to be sodded
or seeded with turf, wildflowers, or other seed mix to include the
rate of seeding, methods of soil preparation and stabilization, type
and amount of fertilizer, topsoil or soil treatment to be applied;
and areas proposed for wildlife protection and wetlands restoration
through the use of native plantings of trees, shrubs, grasses, wildflowers,
ferns and other plant materials, staking, trunk protection, etc.;
areas to be sodded or seeded with turf, wildflower or other seed mix
to include the rate of seeding, seeding specifications, methods of
soil preparation and stabilization, type and amount of fertilizer,
topsoil or soil treatment to be applied and areas proposed for wildlife
protection and restoration through the use of native or indigenous
plantings of trees, shrubs, grasses, wildflowers, ferns and other
plant materials.
An off-street area reserved for the temporary parking of
a commercial vehicle while loading or unloading.
Any sewerage authority created pursuant to the "Sewerage
Authority Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority
created pursuant to the "Municipal and County Utilities Law," N.J.S.A.
40:14B-1 et seq.; or any utility, authority, commission, special district
or other corporate entity not regulated by the Board of Regulatory
Commissioners under Title 48 of the Revised Statutes that provide
gas, electricity, heat, power, water or sewer service to a municipality
or the residents thereof.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
The area of a lot which is covered by buildings and other
impervious materials.
Shall mean the horizontal distance between the front lot
line and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The distance measured on a horizontal plane between the side
lot lines measured along the street line. The minimum lot frontage
shall not be less than the required lot frontage except that on curved
alignments with an outside radius of less than 500 feet, the minimum
distance between the side lot lines measured at the street line shall
not be less than 70% of the required minimum lot frontage. Where the
lot frontage is so permitted to be reduced, the lot width at the building
setback shall not be less than the required minimum frontage of the
zoning district and further provided that no lot shall have a frontage
less than 75 feet, unless specifically provided for by the zoning
district regulations. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot. The lot line is the same as the street line for that portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
A lot either fronting upon two parallel streets or fronting
upon two streets that do not intersect with each other along the boundaries
of the lot.
A lot fronting upon two or more streets at their intersection
or upon two parts of the same street forming an interior angle of
less than 135°.
The distance between the property side lines, measured at
the building setback line as herein or otherwise established.
Any security which may be accepted by the Township for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the Township which shall have been duly
adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.
A development plan for one or more lots which:
Requires site plan approval; and
Meets the requirements set forth in Article 4, Administration
and Procedures, of this chapter and contains the information needed
to make an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not required either
on or off-site;
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area;
The proposed development does not increase parking requirements
by more than five spaces;
The proposed development does not involve planned development;
The proposed development does not involve any new street or
the extension of any existing street;
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42; and
The proposed development does not involve the disturbance of
5,000 or more square feet of ground area.
Any subdivision of land:
For the creation of not more than two lots (one new lot plus
the remainder of the original lot); or
Composed of parcels six acres or more fronting on an existing street or road. Each lot created by this Subsection b shall be subject to a deed restriction prohibiting its further subdivision. Such deed restriction shall provide that it runs to the benefit of the Township of Millstone and each owner of a lot which was created at the same time by virtue of the minor subdivision and that the restriction may not be removed or modified without the specific written consent of all parties, including the Township.
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To qualify as a minor subdivision under either the above subsections, the subdivision shall not involve (1) planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 of the Municipal Land Use Law and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions or portion of the Master Plan, Official Map, Zoning Ordinance, and amendment or amendments thereof, provided however, that a subdivision defined as a minor subdivision in accordance with Subsection a above which would otherwise qualify as a minor subdivision shall be classified as a major subdivision, if the proposed subdivision represents the re-subdivision of an original tract of land as to which a previous minor subdivision had been approved by the Planning Board within one year prior to the date of the application for the proposed subdivision.
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Any plot of ground upon which two or more trailers occupied
for dwelling or sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
Mounded disposal field means a disposal field for a subsurface
sewage disposal system of the type described pursuant to N.J.A.C.
7:9A-1.1 et seq. The term shall also include the term mounded soil
replacement disposal field.
The Planning Board, Board of Adjustment or Township Committee
of the Township of Millstone when acting pursuant to N.J.S.A. 40:55D-1
et seq.
A person who is domiciled in Millstone Township.
Low and moderate-income units produced by a municipality
with or without the participation of a nonprofit corporation.
Any parcel which is less than six acres in size, or, if over
six acres in size, is not used primarily for agriculture.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
The specific purpose for which land or a building is used,
designed or maintained.
An off-street parking area for passenger vehicles including
the storage area of each vehicle and necessary maneuvering area of
each vehicle. Space for maneuvering incidental to parking or unloading
shall not encroach upon any public way. Every off-street parking facility
shall be accessible from a public street. Accessory garage space(s)
for storage of one or two automobiles shall be considered off-street
parking space(s).
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law, N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way abutting the property of which the lot is part.
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those building, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Open space shall include wildlife-corridors, wildlife preservation easements, riding or hiking trails. See also § 35-5-6.5c.
An area designated by the Millstone Township Land Use and
Development Regulations which covers a portion of, or all of, one
or more underlying zone districts. Within an overlay zone, development
is subject to the control of certain additional uniform regulations
and requirements which supplement the underlying zone requirements
and standards.
Any individual, family group, firm, association, syndicate,
copartnership, corporation or trust having sufficient proprietary
interest in the land which is subject to a development proposal under
this chapter.
For purposes of notice by an applicant for development, the
owners of the subject property and all owners of property and governmental
agencies entitled to notice under N.J.S.A. 40:55D-12.
A percolation test required prior to the construction of
an individual sewage disposal system conducted in compliance with
Chapter 199 of the Laws of the State of New Jersey, N.J.S.A. 58:10A-1
et seq., Water Pollution Control Act, and meeting the minimum and
maximum rules, regulations and standards of said law and the Millstone
Township Board of Health as specifically enumerated in N.J.A.C. 7:9A-1
et seq. Standards for Individual Subsurface Sewage Disposal Systems
approved by the New Jersey Department of Environmental Protection
effective January 1, 1990 or as currently amended. The administrative
authority for the review, approval or rejection of all percolation
tests and soil logs shall be the Millstone Township Board of Health
and their authorized agent shall be the Township Health Officer or
his licensed designee.
Any security, which may be accepted by the Township, including
cash; provided that the Township shall not require more than 10% of
the total performance guarantee in cash.
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses or both, and any residential
or other uses incidental to the predominant use as may be permitted
by ordinance.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
public or quasi-public uses all primarily for the benefit of the residential
development.
The Planning Board of the Township of Millstone established
pursuant to Article 2 of the Municipal Land Use Law, N.J.S.A. 40:55D-23
et seq.
The map of a subdivision or a site plan.
Concept Plan: The concept map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article 9 of this chapter.
Preliminary plat: The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board or Board of Adjustment of Millstone Township consideration and tentative approval and meeting the requirements of Article 9 of this chapter.
Final Plat: The final map of all or a portion of the subdivision
which is presented to the Township for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the proper County Recording Officer.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
-48 and -49 of the Municipal Land Use Law prior to final approval
after specific elements of a development plan have been agreed upon
by the Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
The office of a member of a recognized profession including
the offices of doctors, ministers, architects, professional engineers,
planners, lawyers, real estate brokers and such similar professional
occupations.
Public areas means (1) public parks, playgrounds, trails,
paths and other recreational areas; (2) other public open spaces;
(3) scenic and historic sites; and (4) sites for schools and other
public buildings and structures.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the Township, a municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses. See also § 35-5-6.5c.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
The majority of the full authorized membership of a Municipal
Agency.
A plot of ground upon which is located, established or maintained
for recreation purposes including day camps, picnic grounds, outdoor
learning centers, outdoor athletic facilities such as soccer, baseball,
softball, football, lacrosse, field hockey, swimming pools and related
activities. Recreation Camp does not include overnight camping in
accordance with the New Jersey Public Campground Regulations as defined
in N.J.A.C. 8-22.1 et seq.
Where insufficient (less than six inches) naturally occurring
topsoil exists on-site, replacement topsoil shall be provided. Replacement
topsoil shall meet the following minimum requirements:
Materials shall not be blended to form topsoil. Organic content
shall be at least 3% and not more than 10%.
Topsoil shall be friable and classify as loam as defined by
the USDA Soil Textural Classification System. Topsoil shall be free
of debris, vegetation, and stones larger than two inches.
Topsoil shall possess low plasticity for workability. The liquid
limit shall be less than 40 and plasticity index less than 15 per
ATM D4318.
Topsoil shall possess a natural pH range of 6.0 to 8.0 and have
a conductivity of less than 0.5 millohms per centimeter.
If the topsoil is brought in from off-site, the material must
be certified as free of contamination.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land including streets, easements and open space portions of a development.
An establishment at which food is sold for consumption on
the premises, normally to patrons seated within an enclosed building.
However, a snack bar at a public or community playground, playfield,
or park shall not be deemed to be a restaurant.
A restaurant which is designed for and whose primary function
and operation is the preparation and service by employees of meals
to a customer or customers seated at the table at which the meal is
consumed. A restaurant — Category one operates without substantial
carry-out or delivery service; and has no drive-thru, drive-in, or
service in vehicles.
A restaurant which is designed for and whose primary function
and operation is the preparation and service by employees of food
or drink to a customer or customers as part of an operation which
may include carry-out or delivery service; self-service; or on premises
consumption except that no drive-thru, drive-in, or service in vehicles
is provided.
An establishment designed to permit the majority of patrons
to purchase food, soft drinks, ice cream, and similar confections
for consumption in automobiles parked upon the premises.
A restaurant which is designed for and whose primary function
and operation is the preparation and service by employees of food
or drink to a customer or customers as part of an operation which
may include carry-out or delivery service; self-service; on premises
consumption; and which provides customer pick-up service utilizing
a vehicular drive-thru.
Resubdivision means (1) the further division or relocation
of lot lines of any lot or lots within a subdivision previously made
and approved or recorded according to law or (2) the alteration of
any streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
The total width and length of the course of a street, watercourse,
water body, utility alignment or other way and within which all improvements
and rights of access are confined.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The distance from the nearest part of the building (excluding
an open porch or steps, and overhanging eaves of not more than two
feet) to the nearest part of the front property line.
The Millstone Shade Tree Commission established pursuant
to N.J.S.A. 40:64-1 et seq. Tree shall mean any woody perennial plant,
having a diameter of four inches measured at a point of three feet
above the ground.
A triangular shaped area established in accordance with the
requirements of this chapter in which no grading, planting or structure
shall be erected or maintained, except for street signs, fire hydrants
or utility poles.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious group.
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, (2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to this chapter requiring review and approval of site plans
by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
A measurement of the rise or descent of the surface of land
determined on a percentage basis where the vertical distance is divided
by the horizontal distance. (Example: A rise of five feet over a horizontal
distance of 100 feet would be five divided by 100 equals 0.05 or 5%).
A governmental subdivision of the State, which encompasses
Millstone Township, organized in accordance with the provisions of
N.J.S.A. 4:24-2 et seq. and hereinafter referred to as the Freehold
Soil Conservation District.
Standards (1) adopted by ordinance pursuant to N.J.S.A. 40:55D-65
et seq., regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the Township or (2)
required by applicable Federal or State laws or Township ordinances.
That part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A "split level" story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it except the basement.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story and
if less than two feet below the top plate, it shall be counted as
a half story provided not more than 60% of the floor area is used
for rooms, baths or toilets; otherwise it shall be counted as that
fraction of a story which its floor area in rooms, baths or toilets
bears to the entire floor area.
Any pond or lake or perennial or intermittent waterway depicted
on any of the following: the most recent United States Geological
Survey 7.5 minute topographic map quadrangles: The Monmouth County
Soils Report prepared by the U.S. Soil Conservation Service; the Natural
Resource Inventory for the Township of Millstone.
A stream corridor is the stream channel (the bed and banks
of a stream that confine and conduct continuously or intermittently
flowing water or the bed and banks of a pond or lake), the area within
the one-hundred-year flood line, and the stream corridor buffer. Where
no one-hundred-year flood has been delineated, the stream corridor
shall consist of the stream channel and stream corridor buffer area.
An area extending a minimum of 75 feet and an average distance
of 100 feet from the one-hundred-year flood line. If there is no one-hundred-year
flood line delineated, the distance shall be measured outward from
the bank of the stream channel, lake, or pond. If slopes greater than
10%, or wetlands, or wetland transition areas abut the outer boundary
of the stream corridor, the area of such slopes, wetlands and wetlands
transition areas shall also be included within the boundaries of the
stream corridor buffer area.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way: (1) which is an existing State, County or municipal
roadway, or (2) which is shown upon a plat heretofore approved pursuant
to law, or (3) which is approved by official action as provided in
N.J.S.A. 40:55D-1, et seq., or (4) which is shown on a plat duly filed
and recorded in the office of the County Recording Officer prior to
the appointment of a Planning Board and the grant to such Board of
the power to review plats; and includes the land between the street
rights-of-way lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on an adopted Master
Plan or Official Map, or as required by this chapter, forming the
dividing line between the street and the lot. The minimum street line
shall be a point 25 feet from the center line of the existing street.
A street which is used or planned to be used primarily for
fast or heavy traffic.
A street which is used or planned to be used to carry traffic
from minor streets to the major system of arterial streets including
the principal entrance streets of a residential development and streets
for circulation within such a development.
A street which is used primarily for access to abutting residential
properties.
A street which is used primarily for access to abutting residential
properties, has no through traffic and has standards of design for
limited rural residential development.
A street which is parallel and adjacent to arterial streets
and highways; and which provides access to abutting properties and
protection from through traffic.
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of the land.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another with the written consent of the owner.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of N.J.S.A. 40:55D-1 et seq. and this chapter if no new
streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the Administrative Officer to conform to the
requirements of the Township development regulations and are shown
and designated as separate lots, tracts or parcels on the Tax Map
or atlas of the Township.
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The term "subdivision" shall also include the term "resubdivision."
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Habitat that contains sufficient vegetative cover and food
supply to sustain the needs of a particular threatened or endangered
species.
A facility constructed above or below grade having a depth
of more than two feet and/or water surface of 100 square feet or more
and designed and maintained for swimming purposes. The term shall
also include all appurtenance buildings, structures or equipment accessory
thereto.[1]
Any plant or animal species that may become endangered if
conditions surrounding them begin or continue to deteriorate.
The upper layer of soil material consisting of naturally-occurring
organic soils suitable for growing vegetation.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The duly appointed Tree Preservation Officer shall be the
Board Engineer.
Usable development area or usable contiguous development
area shall mean the area of a lot which is not encroached upon by
any of the following features:
An existing or proposed public right-of-way.
The one-hundred-year floodplain.
Wetlands and any required wetlands transition area except where
construction, fill or disturbance has been authorized pursuant to
the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1
et seq.).
Slope areas where the inclination of the land's surface from
the horizontal is 15% or greater.
Lakes, ponds, or other open waters.
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Where it is specified that the usable development area is to
be located within the required setbacks, this shall be construed to
mean that the usable development area shall be located within the
envelope that is delineated by the required yards and buffers of the
zone district for the placement of a principal building.
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The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A service or services provided to a use including, but not
limited to, sewage treatment, water supply, gas, electric, telephone
and cable TV
Permission to depart from the literal requirements of the
Zoning or Land Subdivision provisions of this chapter pursuant to
N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-40 and -70 of the Municipal
Land Use Law.
A strip or strips of land, a minimum of 15 feet in width,
situated around the interior perimeter of all or portions of a subdivision
tract which the Planning Board may be required to be dedicated by
the applicant for the preservation of wildlife consistent with the
Township's rural characteristics and agricultural development.
The area extending across the full width of a lot between
the street line and the nearest point of the building to the street,
extending to the side lot lines from such point in lines parallel
or concentric to the street line. For purposes of the regulation of
the location of uses on the lot, the front yard shall include that
area which lies between the building facade and the street unless
the facade of the building forms an angle of greater than 60°
when related to the street line.
A yard extending across the full width of the lot and lying
between the rear of the lot and the nearest line of any building.
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 the general
direction of its side building lines.
An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard, to the street or rear lot lines as the case may
be. The width of a side yard will be measured at right angles to the
side line of the lot.
A document signed by the Administrative Officer (Zoning Officer)
which: 1) Is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and 2) Acknowledges that such use, structure or building complies
with the zoning provisions of this chapter or variance therefrom duly
authorized by a Municipal Agency, pursuant to this N.J.S.A. 40:55D-60
and N.J.S.A. 40:55D-70 of the Municipal Land Use Law and this chapter.
[1]
Editor's Note: The former definition of "Technical Review
Committee," which immediately followed, was repealed 5-20-2020 by Ord. No. 20-11.
