[Ord. No. 79-4 § 1; Ord. No. 2002-1]
The title of this chapter is:
A comprehensive ordinance regulating and limiting the uses of
land and the uses and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards and other open spaces; regulating and
restricting the density of population; dividing the Borough of Elmer
into districts for such purposes; adopting a map of the Borough and
the classification of such districts; establishing rules, regulations,
and standards governing the subdivision and site planning of land
within the Borough; establishing a Land Use Board and prescribing
penalties for the violation of its provisions.
[Ord. No. 79-4 § 1.2]
This chapter shall be known and may be cited as the Land Development
Regulations of the Borough of Elmer.
[Ord. No. 79-4 § 1.3]
It is the general purpose of this chapter to encourage and guide
the appropriate use and development of all land and natural resources
within the Borough in a manner which will promote the health, safety,
morals, and general welfare of the community and which will further
the following related and more specific objectives;
a.
To guide and regulate the orderly growth and development of the Borough
in accordance with a comprehensive plan.
b.
To ensure that the development of the Borough does not conflict with
the development and general welfare of neighboring municipalities,
the County and State as a whole.
c.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of the community
and the preservation and conservation of the natural environment and
natural resources.
d.
To protect the established character and the social and economic
well-being of the community.
e.
To provide sufficient space to appropriate locations for a variety
of land uses according to their respective environmental requirements.
f.
To promote the conservation of open space, prime agricultural lands,
and other valuable natural resources and to prevent environmental
degradation through the improper use of land.
g.
To encourage the location and design of safe and efficient transportation
routes which will promote the free flow of traffic and pedestrians.
h.
To promote a desirable and attractive visual environment through
creative development techniques and good community design.
i.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
a.
For the purposes of this chapter, the following rules of construction
shall apply:
1.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation as well as an individual.
2.
Words used in the singular include the plural and vice versa.
3.
Any word tense includes every tense of the word.
4.
The word "shall" is mandatory, the word "may" is permissive.
5.
The word "used" and "occupies" includes the words "designed, intended,
or arranged to be" used or occupied.
6.
The word "building" includes the words "structure," "dwelling" or
"residence" and includes "or any part thereof."
7.
The word "lot" includes the words "plot," "premises," and "tract."
8.
The word "zone" includes district and vice versa.
b.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq. such term is intended to have the meaning as defined
in the statute, unless specifically defined to the contrary in this
chapter.
c.
Any word or term not defined herein shall be used with a meaning
of standard usage.
[Ord. No. 79-4 § 1.5;
New; Ord. No. 2002-1]
Unless otherwise stated in context, the words and phrases set
forth in this subsection shall have the meaning therein indicated:
Shall mean use or structure located on the same lot as a
principal use or structure which is customarily incidental and subordinate
to the principal use or structure.
Shall mean the Zoning Officer of the Borough of Elmer.
Shall mean conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or off-tract property such as, but not limited
to, improper circulation and drainage rights-of-way, inadequate drainage
facilities, insufficient street widths, unsuitable street grades,
unsuitable street locations to accommodate prospective traffic or
coordinate and compose a convenient system, locating lots in a manner
not acceptable for the intended purposes without danger to health
or safety, 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.
Shall mean farming and related pursuits not including the
erection, alteration, enlargement, or reconstruction of a structure
for residential occupancy.
Shall mean any change in or additions to the supporting members
of a building such as walls, beams, columns, guides, posts or piers.
Shall mean the application or appeal forms and all accompanying
documents required by this chapter for approval of a subdivision plat,
site plan, 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.
Shall mean the Borough of Elmer Land Use Board, unless a
different agency is designated by ordinance when acting pursuant to
the authority of N.J.S.A. 40:55D-1 et seq.
Shall mean a story of a building that is partly underground
which has more than 1/2 its interior height, measured from the floor
to finished ceiling, below the average finished grade of the ground
adjoining the building.
Shall mean a room planned, designated, or used primarily
for sleeping.
Shall mean the Borough of Elmer, Salem County, New Jersey.
Shall mean any structure or extension thereof or addition
thereto having a roof supported by such things as columns, posts,
piers, or walls which is permanently affixed to the land and intended
for the shelter, business, housing, or enclosing of persons, animals,
or property.
Shall mean the aggregate area occupied by all buildings on
a lot as measured on a horizontal plane around the periphery of the
facades and including the area under the roof of any structure not
having walls.
Shall mean the vertical dimension measured from the average
elevation of the finished lot grade at the front of the building to
the highest point of ceiling of the top story in the case of a flat
roof; to the deck line of a mansard roof and to the average height
between the plate and ridge of a gable, hip, or gambrel roof.
Shall mean the line parallel to the street at a distance
therefrom equal to the depth of the front yard required for the district
under consideration.
Shall mean a document which shall be deemed to authorize
and be required for each occupancy and use of the building or the
land to which it applies, and shall continue in effect only so long
as such building and the use thereof and the use of the land is in
full conformity with the provisions of this chapter and any requirements
made pursuant thereto.
Shall mean the identifiable bed and banks of a stream which
convey a normal, constant or intermittent flow of a stream.
Shall mean any organization catering exclusively to members
and their guests or any organization for religious, vocational, civic
or recreational purposes which is not conducted for financial gain.
Shall mean an area to be developed as a single entity, according
to a plan containing detached, single-family residential housing units
which have a common public space area as an appurtenance, in accordance
with the provisions of this chapter.
Shall mean an open space area within or related to a site
designated as a development, and designed or 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.
Shall mean 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 contained in this chapter, and only upon the issuance of
an authorization thereof by the Land Use Board.
Shall mean that percentage of the plot or lot area covered
by all buildings and impervious materials. Any area of a lot covered
with porous materials will not be included in the calculation of coverage.
Shall mean the number of dwelling units per acre of gross
area of site.
Shall mean 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;
any mining, excavation or landfill; any use or change in the use of
any building or other structure or land; or the extension of use of
land for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq.
Shall mean a limited property right assigned by deed or other
legal means permitting the use of a specified area for the installation
and maintenance of storm water sewers or drainage ditches, or the
restriction of areas 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.
Shall mean a building designed or used primarily for family
residence. The word "dwelling" shall not include boarding or rooming
houses, hotels, motels or other structures designed or used for transient
purposes.
Shall mean a building containing two or more dwelling units
in accordance with the provisions of this chapter.
Shall mean a detached building used for one dwelling unit
only.
Shall mean the detachment and movement of soil or rock fragments
by water, ice and gravity.
Shall mean structures and physical improvements, whether
publicly or privately owned, necessary to permit the orderly development
of an area, including such facilities as streets, water, sewerage,
gas, telephone and electric lines; supporting structures such as manholes,
catch basins, pumping stations, solid waste collection stations; transformer
stations and utility poles; but not including generating or storage
plants; processing stations, maintenance yards or administration headquarter
facilities.
Shall mean any number of persons living together in a single-dwelling
unit but not including more than six persons unrelated by blood, marriage,
or adoption.
Shall mean a structure which permanently or temporarily prohibits
or inhibits unrestricted travel between properties or portions of
properties or between the street or public right-of-way and a property.
Shall mean the area adjoining any natural stream and including
any water or drainage course or body of water subject to periodic
flooding or overflow.
Shall mean any portion of a flood plain lying within 50 feet
of the adjacent channel edge of a natural stream or within 25 feet
from the edge of a lake or center line of any watercourse other than
a natural stream.
Shall mean the sum of the horizontal areas of the several
floors of a building, excluding basement space, but including the
area of permanently roofed porches and terraces. All dimensions shall
be measured from the outside face of exterior walls or from the center
line of a party or common wall.
Shall mean the portion of gross floor area assigned for human
habitation and fully enclosed by the inside surfaces of walls, windows,
doors, and partitions; having a head room of at least six feet, six
inches; including living, eating, cooking and other household space
but excluding garages, carports, porches, unheated sheds and basements.
Attics or portions thereof may be considered habitable floor area
provided they are fully finished and meet the proper height requirements.
Shall mean a freestanding or attached building or an area
included in the principal building for utilization in the storage
and maintenance of one or more motor vehicles.
Shall mean a multiple-family dwelling structure not more
than two rooms in depth, or two and one-half (2 1/2) stories
in height, designed as part of a residential project under single
management, providing joint or common use of open areas by occupants,
whether for recreation, parking or other purposes.
Shall mean any area of land, including the structure thereon,
used for the retail sale of petroleum products or sale of motor vehicle
accessories and services.
Shall mean a solar energy system that is directly installed
on solar racing systems, which are attached to an anchor in the ground
and wired to connect to an adacent home or building. Ground-mounted
systems may be appropriate when insufficient space, structural and
shading issues, or other restrictions prohibit rooftop solar.
[Added 11-13-2019 by Ord.
No. 2019-7]
Shall mean any building, structure, area or property that
is significant in the history, architecture, archaeology or culture
of the nation, State or community and listed as such in the Borough
Master Plan.
Shall mean an occupation or profession which is clearly incidental to the use of the lot and dwelling for residential purposes and which complies with the standards and requirements of Article III, Zoning.
Shall mean materials that do not permit the natural absorption
and permeation of soils by rain or other surface water including but
not limited to concrete, asphalt, chemical treatment of soils or artificial
ground covering.
Shall mean that percentage of a lot or site covered by impervious
materials which shall include facilities such as swimming pools, tennis
courts and other recreational courts, as well as roads, walkways,
patios, driveways, and parking areas.
Shall mean 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 Borough development regulations
or whose right to use, acquire, or enjoy property under the regulations
has been denied, violated or infringed upon by any action or failure
to act.
Shall mean any building or land parcel used for the commercial
keeping of dogs, and/or other household pets. The keeping of more
than four such adult animals on any one property shall be deemed to
constitute a kennel.
Shall mean the established Land Use Board of the Borough
of Elmer.
Shall mean an off-street space not less than 12 feet in width,
60 feet in length, and with 15 feet of vertical clearance available
for the loading or unloading of trucks.
Shall mean a designated parcel, tract or area of land, established
by a plat or otherwise as permitted by law, to be used, developed
or built upon as a unit.
Shall mean the area contained within the lot lines of a lot,
excluding any portions of a street right-of-way.
Shall mean a lot on the junction of two or more intersecting
streets where the interior angles of intersection does not exceed
135 degrees. Each corner lot shall have two front yards, one side
yard, and one rear yard.
Shall mean the horizontal distance between the front and
rear lot lines measured in the general direction of the side lot lines.
Shall mean the horizontal distance between side lot lines
measured along the street line. The minimum lot frontage shall be
the same as the lot width 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
75% of the required lot width. In the case of a corner lot, either
street frontage which meets the minimum frontage required for that
zone may be considered the lot frontage.
 |
Shall mean the right-of-way of the street or road on which
the lot fronts or abuts.
Shall mean a lot line other than a street line which is the
furthest lot line from the street.
Shall mean any lot line other than a front or rear lot line.
Shall mean the horizontal distance between side lot lines
measured at the building setback line.
Shall mean any security, other than cash, which may be accepted
by the municipality for the maintenance of any improvement pursuant
to the provisions of this chapter.
Shall mean any division of land not classified as a minor
subdivision.
Shall mean a composite of the mapped and written proposals
recommending the physical development growth policy of the municipality
which have been duly adopted by the Land Use Board.
Shall mean any farm building other than a principal dwelling,
which complies with State migrant housing laws and this chapter, used
for temporary residence by farm laborers during the growing season.
Shall mean a subdivision of land that does not involve (i)
the creation of more than two lots, in addition to any one retained
parcel, (ii) planned development, (iii) any new street, or (iv) the
extension of any off-tract improvement. In counting lots to determine
whether or not a proposed subdivision is a minor subdivision, the
following lots shall be counted:
All lots to be created by the proposed subdivision.
All lot(s) in excess of one that are to be retained by the subdivider.
No lots shall be counted twice and in case of resubdivision,
any lot eliminated or replaced shall be deducted.
All lots created by prior subdivision out of the original parcel
within the last six years.
Shall mean a lot, of which the area, dimension, or location
or a structure of which the size, dimension or lot location or an
activity or use upon a lot or within a structure which was lawful
prior to the adoption, revision, or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located.
Shall mean 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 located on a continuous portion
of a street or right-of-way.
Shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean 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 such open space, and provided that
improvement shall be limited to those buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land.
Shall mean a space off the street right-of-way, which, exclusive
of driveways and aisles giving access thereto, is not less than 10
feet wide and 20 feet long if in an enclosed garage, or not less than
eight and one-half (8 1/2) feet wide by 19 feet long if in the
open and which is available and accessible for the parking of a motor
vehicle.
Shall mean any security which may be accepted by the municipality
pursuant to this chapter, and provided that not more than 10% of the
total performance guaranty shall be required in cash.
Shall mean any use of land or buildings as permitted by this
chapter.
PLANNED COMMERCIAL DEVELOPMENTShall mean an area of a minimum contiguous acreage as specified by Article III Zoning 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 meeting the other standards specified in this chapter.
PLANNED INDUSTRIAL DEVELOPMENTShall mean an area of a minimum contiguous acreage as defined by Article III Zoning to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant uses as may be permitted by this chapter.
PLANNED RESIDENTIAL DEVELOPMENTSee Cluster development.
Shall mean a map or maps of a subdivision or site plan and
is used interchangeably with "plan" in this chapter.
Shall mean the conferral of certain rights pursuant to the
provisions of this chapter prior to final approval after specific
elements of a development plan have been agreed upon by the Land Use
Board and the applicant.
Shall mean the main purpose for which a lot or building is
used.
Shall mean any establishment, however designed, at which
food is sold for consumption on the premises. However, a snack bar
or a refreshment stand at a public or community swimming pool, playground,
playfield or park operated solely by the agency or group operating
recreational facilities and for the convenience of the patrons shall
not be deemed to be a "restaurant." "Restaurant" does not include
take-out or drive-in establishments which permit the consumption of
food within motor vehicles.
Shall mean either the further division or relocation of lot
lines of any lots within a subdivision previously made and approved
or recorded according to law, or the alteration of any street 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 designation of a subdivision as a "resubdivision" shall be determined
on the basis of the tract or parcel of land affected without regard
to any change in ownership.
Shall mean the provision in the design of a land development allowing for lots adjacent to an abutting existing road to front on an internal street, without any direct access from the adjacent lots to the existing road. (See Plate 5) (See Appendix included as an attachment to this chapter.)
Shall mean the boundary lines of land used or intended for
use as streets and utilities and from which setbacks or front yard
depths and lot depths shall be measured. Where existing records are
vague or show a lesser dimension, they shall be considered to be not
less than 50 feet apart, 25 feet from the center line thereof.
Shall mean a permanent structure, together with its surrounding
display area and supporting off-street parking area, designed for
the retail sale of farm produce and located as an accessory use in
accordance with the provisions of this chapter. The intermittent sale
of home grown produce as an accessory use not involving a building
or structure, not occupying more than 300 feet and not creating any
undue traffic hazards shall not be deemed to constitute a "roadside
stand."
Shall mean a group of commercial establishments built on
one tract that is planned and developed as an operating unit which
provides on-site parking in definite relationship to the type and
total size of the stores. The commercial establishments may be located
in one or several buildings, attached or separated.
Shall mean a triangular shaped area at the intersection of two roads established in accordance with the requirements of this chapter in which visual obstructions are permitted in order to promote traffic study. (See Plates 7, 8, 9, 10) (See Appendix included as an attachment to this chapter.)
Shall mean any building or structure or portion thereof on
which any announcement, declaration, demonstration, display, illustration
or insignia is used to identify, advertise or promote the interest
of any person, business, or product when the same is placed in view
of the general public.
Shall mean a development plan of one or more lots on which
is shown (i) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes, and waterways, (ii) the location of all existing
and proposed buildings, drives, parking spaces, walkways, means of
ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting and screening devices, and (iii) any
other information that may be reasonably required in order to make
an informed determination concerning the adequacy of the plan in accordance
with the requirements of this chapter.
Shall mean an energy system that consists of one or more
photovoltaic, concentrated solar thermal, or solar hot water devices
either freestanding ground, building-integrated or roof-mounted, as
well as related equipment which is intended for the purpose of reducing
or meeting the energy needs of the property's principal use.
[Added 11-13-2019 by Ord.
No. 2019-7]
Shall mean that portion of a building included between the
surface of any floor and the ceiling above it, provided that there
is a clear headroom of six feet six inches or more.
Shall mean any street, avenue, boulevard, road, parkway,
drive, or other way which, (i) is an existing State, County or municipal
roadway, or (ii) is shown on a plat heretofore approved pursuant to
law, or (iii) is approved by official action as provided by N.J.S.A.
40:55D-1 et seq. or; (iv) is shown on a plat duly filed and recorded
in the office of the County Clerk prior to the appointment of the
Land Use Board and the grant to the Board of the power to review plats.
The term "street" includes the land between street lines, whether
improved or unimproved, and may comprise pavement, shoulders, gutters,
sidewalks, parking areas and other areas within the street lines.
Streets and roads in the Borough are classified according to their
function as follows:
MINOR ARTERIALA highway serving regional traffic movement as its primary purpose and only abutting property as a matter of course. The design of this highway is intended to be superior to any of the other listed classes to ensure maximum efficiency and safety in the movement of regional traffic.
COUNTY MAJOR COLLECTORA County road of primary importance which is designed to supplement the arterial network. The purpose is to serve both regional and County needs by collecting local traffic and leading it to arterials and abutting property only as a matter of course. To maintain and improve the efficiency of the route, the design is superior to other County roads and all access is to be strictly controlled.
COUNTY MINOR COLLECTORA County road of secondary importance which is designed to collect concentrated residential traffic and lead it to major collectors or the arterial network. Minor collectors complete the important County collector road network. The access and design of these roads are to be controlled to maintain the integrity of the County road system.
COUNTYLOCAL ROAD OR BOROUGH COLLECTOR — A County road which serves only local purposes is defined as a County-local road and is intended to be designed and treated as a Borough through road. Both of these types of roads should be designed and are intended to provide access to adjacent property and to channel traffic from minor streets to the County collector system. Direct access from abutting land would be permitted in minor development provided the proposed design of the roads is maintained.
MINOR STREETAll minor streets designed and intended to serve abutting property as their primary purpose and to discourage all other traffic not generated by the development. Types of minor streets are as follows:
MARGINAL SERVICE STREETAn internal street running along the edge of a land development, allowing for several lots to have access to an adjoining existing road via a common access point defined by a buffer strip between the internal street and the adjoining existing road. (See Plates 2, 3, 4) (See Appendix included as an attachment to this chapter.)
CUL-DE-SACA minor land service street closed at one end, being no more than 75 feet in length, and having an adequate vehicle turning area at the closed end.
LOOP STREETA through land service street serving a maximum of 20 residential units which begins and ends on the same existing or proposed road.
Shall mean the right-of-way line of a street, road, or other
public right-of-way used or intended for use by vehicular traffic.
Shall mean anything constructed, assembled, or erected which
requires location on the ground or attachment to something having
such locations on the ground including buildings, fences, tanks, towers,
signs, advertising devices, and swimming pools.
Shall mean the division of a lot, tract, or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
(i) divisions of land found by the Land Use Board to be for agricultural
purposes, as defined by this chapter, and in which all resulting parcels
are five acres or larger in size; (ii) divisions of property by testamentary
or intestate provision; (iii) divisions of property upon court orders;
and (iv) conveyance so as to combine existing lots by deed or other
instrument. The term "subdivision" shall also include the term "resubdivision."
Shall mean a public or privately owned pool open to the public
on an annual membership basis, having dressing rooms, off-street parking
and other appropriate accessory facilities.
Shall mean a noncommercial, privately owned pool constituting
an accessory use to a residential unit or units and located on the
same lot therewith. A wading pool with a depth of less than 18 inches
located above ground level, with an area of less than 125 square feet,
temporary in character and constructed of material other than concrete
or masonry shall not be deemed a swimming pool.
Shall mean a single-family two story dwelling unit with two
vertical party walls shared with adjacent dwelling units, or one party
wall if at the end of a group of dwelling units; having direct access
to the outside, provided with on-site vehicular access or parking
or designed as part of a residential cluster with shared access and
parking; and so laid out that each unit is susceptible to sale on
an individual lot.
Shall mean two single-family dwelling units butted side to
side.
Shall mean permission to depart from the literal requirements of Article III, Zoning, or other development regulations specified in this chapter pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean any land area or use either naturally formed or
artificially designed for the storage, passage, retention or flow
of water, including but not limited to the following: lake, pond,
canal, ditch, stream or swale.
Shall mean an open space on the same lot with the principal
building, unobstructed by buildings or structures, from the ground
to the sky, except for fences, walls, poles and posts, or except as
otherwise provided in this chapter.
Shall mean the yard extending across the entire width of
the lot between the street right-of-way line and the nearest part
of the principal building. The setback line shall be synonymous with
the near most limit of the required "front yard" area.
Shall mean a yard extending across the rear of the lot between
the inner side yard lines. Depth of a required rear yard shall be
measured in such a manner that the yard established is a strip of
the minimum depth required by district regulations with the setback
line parallel with the rear lot line.
Shall mean a yard extending along the side lot line from
the front yard to the rear lot line. In the case of corner lots there
shall be only one side yard, adjacent to the interior lot line. Width
of a required side yard shall be measured in such a manner that the
yard established is a strip of the minimum width required by district
regulations with the setback line parallel to the side lot line.
