A.Â
For the purposes of this chapter, the following rules
of construction shall apply:
(1)Â
The word "person" includes a firm, association, organization,
partnership, trust, company, or corporation as well as an individual.
(2)Â
Words used in the singular include the plural and
vice versa.
(3)Â
Any word tense includes every tense of the word.
(4)Â
The word "shall" is mandatory; the word "may" is permissive.
(5)Â
The word "used" and "occupies" includes the words
"designed, intended, or arranged to be" used or occupied.
(6)Â
The word "building" includes the words "structure,"
"dwelling" or "residence," and includes "or any part thereof."
(7)Â
The word "lot" includes the words "plot," "premises,"
and "tract."
(8)Â
The word "zone" includes district and vice versa.
B.Â
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 said statute, unless specifically defined to the contrary
in this chapter.
C.Â
Any word or term not defined herein shall be used
with a meaning of standard usage.
Unless otherwise stated in context, the words
and phrases set forth in the following paragraphs shall have the meaning
therein indicated:
A use or structure located on the same lot as a principal
use or structure and which is customarily incidental and subordinate
to the principal use or structure.
The Zoning Officer of the Township of Mannington.
Results that create or contribute to harmful, degraded or unfavorable conditions. Adverse effects may include, but are not limited to: negative impacts on surrounding lands or streets; negative impacts that are contrary to the Mannington Township Master Plan or the intent of this Chapter 70; negative impacts in the form of environmental harm or degradation; negative impacts that threaten the public health, safety and general welfare.
[Amended 4-7-2011 by Ord. No. 11-02]
Farming and related pursuits not including the erection,
alteration, enlargement, or reconstruction of a structure for residential
occupancy.
Any change in or additions to the supporting members of a
building such as walls, beams, columns, guides, posts or piers.
Application forms and other documents required by ordinance 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 that are submitted to amend, revise or otherwise modify an application for development, amended application for development, or other application to the Planning Board that has already been submitted and certified or deemed complete, but which has not yet been granted or denied, and which has not been withdrawn by the applicant. An amended application for development shall constitute, and shall be processed and reviewed by the Planning Board as in the case of the original application for development, as a new application for development that has replaced the one being amended. An amended application for development shall be subject to the application fee payment and review escrow deposit requirements for resubmission or revision of a development plan or application per the fee schedule established in Mannington Township Code § 46-5. A "resubmitted application for development," as defined in this Chapter 70, is not an amended application for development. When an applicant elects to bifurcate a development proposal pursuant to N.J.S.A. 40:55D-76, Subdivision b, (and as that term is defined in this Chapter 70), the subsequent application as referred to in that statute is not an amended application for development; rather, each application that is submitted as part of an applicant's bifurcated development proposal (the initial "separate application" and any subsequent one) shall constitute and be processed and reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows that are required for new applications, and each application having a separate certification or deeming of completeness, and a separately established date of submission, as defined in this Chapter 70.
[Added 4-7-2011 by Ord. No. 11-02]
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.
The Mannington Township Planning/Zoning 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.
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.
An airport which can accommodate almost all single-engine
aircraft, and most twin-engine aircraft of less than 8,000 pounds
maximum weight, as designated by the Division of Aeronautics of the
New Jersey Department of Transportation.
A room planned, designated, or used primarily for sleeping.
To present a development proposal to the Planning Board for review pursuant to N.J.S.A. 40:55D-76, Subdivision b, via an initial separate application for variance approval followed by a subsequent application for subdivision, site plan, conditional use, or other approval. Each application that is submitted as part of an applicant's bifurcated development proposal presentation (the initial application and any subsequent one) shall constitute and be processed and reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows that are required for new applications, and each application having a separate certification or deeming of completeness, and a separately established date of submission as defined in this Chapter 70.[1]
[Added 4-7-2011 by Ord. No. 11-02]
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
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.
The vertical dimension measured from the point of average
elevation above sea level within the building or structure footprint
to the horizontal plane of the highest point of the building or structure,
provided that if the average elevation within the building or structure
footprint is or has been changed at any time following the date of
the Mannington Township Planning Board’s adoption of the resolution
memorializing minor subdivision or final major subdivision approval
for the lot; at any time following the date of the Mannington Township
Planning Board’s adoption of the resolution memorializing final
development approval for the building or structure; or if there has
been no Planning Board approval, at any time following the date that
was 10 years prior to the date of issuance of the initial construction
permit for the building or structure, the average elevation for purposes
of calculating maximum permitted building/structure height shall be
the lower of the average pre-change elevation within the building
or structure footprint, or the average elevation within the building
or structure footprint upon completion of the building or structure.
[Amended 12-22-2008 by Ord. No. 08-13]
The line parallel to the street at a distance therefrom equal
to the depth of the front yard required for the district under consideration.[2]
A facility operated by a public, private, or nonprofit organization
providing the natural setting upon which two or more campsites are
located, established or maintained for occupancy by camping units,
camp trailers, or camp cars for periods of temporary occupancy by
the general public for recreation, education, or vacation purposes.[3]
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.
The identifiable bed and banks of a stream which convey a
normal, constant or intermittent flow of a stream.
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.
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 and in accordance
with the provisions of this chapter.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq.; or a farm management unit less than five acres,
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964, N.J.S.A. 54:4-23.1 et seq.
[Added 5-6-2010 by Ord. No. 10-03]
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.[4]
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 location or operation of such use contained
in this chapter, and upon the issuance of an authorization thereof
by the Planning/Zoning Board.[5]
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.
The date of submission of an application for development,
amended application for development, resubmitted application for development,
application submitted as part of a bifurcated development proposal,
or other application to the Planning Board shall be determined as
follows:
[Added 4-7-2011 by Ord. No. 11-02]
For an application for development, amended application for
development, resubmitted application for development, application
submitted as part of a bifurcated development proposal, or other application
to the Planning Board that involves no submission waivers and is certified
complete by the Planning Board within the time specified by N.J.S.A.
40:55D-10.3, the date of submission shall be the date that the Planning
Board Secretary received for filing the last of the application forms,
documents, plans, materials, information, payments, and/or deposits
that were required for the application for development, amended application
for development, resubmitted application for development, application
submitted as part of a bifurcated development proposal, or other application
to be certified complete.
For an application for development, amended application for
development, resubmitted application for development, application
submitted as part of a bifurcated development proposal, or other application
to the Planning Board that involves submission waiver requests that
are granted by the Planning Board, and which is certified complete
by the Planning Board within the time specified by N.J.S.A. 40:55D-10.3,
the date of submission shall be the date that the Planning Board Secretary
received for filing the last of the application forms, documents,
plans, materials, information, payments, and/or deposits that were
required for the application for development, amended application
for development, resubmitted application for development, application
submitted as part of a bifurcated development proposal, or other application
to be certified complete, or the date that the Board granted the last
of the submission waivers, whichever was later.
For an application for development, amended application for
development, resubmitted application for development, application
submitted as part of a bifurcated development proposal, or other application
to the Planning Board that is not certified complete by the Planning
Board but rather is deemed complete due to Planning Board inaction
by operation of N.J.S.A. 40:55D-10.3, the date of submission shall
be deemed to be the date that the Planning Board Secretary received
for filing the last of the application forms, documents, plans, materials,
information, payments, and/or deposits that were filed by the applicant
in connection with the application for development, amended application
for development, resubmitted application for development, application
submitted as part of a bifurcated development proposal, or other application,
or the date that the Board granted the last of any requested submission
waivers, whichever was later.
The number of dwelling units per acre of gross area of a
site.[6]
An interest in land, less than fee simple absolute title
thereto, that has been granted to the State of New Jersey, the County
of Salem, the Township of Mannington, or any other department, agency
or public or private entity authorized by law to serve as such grantee
pursuant to a farmland preservation program as defined below, which
enables the grantee to develop the land for any nonagricultural purpose
as determined by and pursuant to the provisions of the Agriculture
Retention and Development Act (N.J.S.A. 4:1C-11, et seq.), the Garden
State Preservation Trust Act (N.J.S.A. 13:8C-1, et seq.), or as authorized
by a farmland preservation program established by any other law enacted
subsequent to August 31, 1981 [the effective date of the Farmland
Preservation Bond Act of 1981 (P.L.1981, c. 276)], and any relevant
rules or regulations promulgated pursuant to such acts or other laws.[7]
[Added 11-1-2007 by Ord. No. 07-14]
A limited property right assigned by deed or other legal
means permitting the use of a specified area for the installation
and maintenance of stormwater 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.
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.
A building containing two or more dwelling units in accordance
with the provisions of this chapter.
A detached building or manufactured home used for one dwelling
unit only, provided that the building or manufactured home is not
less than 22 feet wide, is on land the title to which is held by the
building owner or manufactured home owner, and is located on permanent
foundations. The word "dwelling" shall not include boarding or rooming
houses, hotels, motels or other structures designed or used for transient
purposes.
[Amended 9-4-1986 by Ord. No. 86-6]
The removal of sand, topsoil, gravel, fill dirt, or mineral
or clay products for sale or use at another location, but not including
agricultural soil conservation works, excavations incidental to agricultural
operations or the process of grading as part of site preparation.[8]
The detachment and movement of soil or rock fragments by
water, ice, and gravity.
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, sanitary landfills, and waste disposal facilities.
[Amended 12-29-1980 by Ord. No. O-15-19-80; 6-7-1984 by Ord. No. 84-3]
See "severable exception area," "single-lot severed exception
area," and "nonseverable exception area."
[Added 11-1-2007 by Ord. No. 07-14]
Any number of persons living together in a single-dwelling
unit but not including more than six persons unrelated by blood, marriage
or adoption.
Any program, as developed pursuant to the Agricultural Retention
and Development Act (N.J.S.A. 4:1C-11, et seq.), the Garden State
Preservation Trust Act (N.J.S.A. 13:8C-1, et seq.), or as authorized
by a farmland preservation program established by any other law enacted
subsequent to August 31, 1981 [the effective date of the Farmland
Preservation Bond Act of 1981 (P.L.1981, c. 276)], and any relevant
rules or regulations promulgated pursuant to such acts or other laws,
and which has as its principal purpose the long-term preservation
of significant masses of reasonably contiguous agricultural land within
the agricultural development areas adopted pursuant to such acts or
other laws, and the maintenance and support of increased agricultural
production as the first priority use of that land for which a development
easement has been acquired or retained for farmland preservation purposes,
and which land is subject to a development easement and therefore
eligible for the benefits of the farmland preservation program.
[Added 11-1-2007 by Ord. No. 07-14]
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
[Added 5-6-2010 by Ord. No. 10-03]
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
the agricultural output of the commercial farm, and except that if
a retail farm market is located on land less than five acres in area.
The land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500.
[Added 5-6-2010 by Ord. No. 10-03]
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.
The official action of the Planning/Zoning 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 guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.[9]
The channel of a natural stream and portions of the floodplain
adjoining the channel which are required to carry and discharge the
floodwater or flood flow of any stream. Unless delineated under P.L.
1972, c. 185, the floodway is defined as the portion of the floodplain
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.
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.
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
and including living, eating, cooking and other household space but
excluding garages, carports, porches, basements and unheated sheds.
Attics or portions thereof may be considered habitable floor area,
provided that they are fully furnished and meet the proper height
requirements.
A freestanding or attached building or an area included in
the principle building for utilization in the storage and maintenance
of one or more motor vehicles.
A multiple family dwelling structure not more than two rooms
in depth, or 2Â 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.
Any area of land, including the structure thereon, used for
the retail sale of petroleum products or sale of motor vehicle accessories
and services.
Any parcel of land that is used for the raising of agricultural
or horticultural products, livestock, poultry and their resultant
products, but excluding, uses defined as intensive fowl or swine farms
by this chapter.
A tract of 75 acres or more containing a full-size, professional
golf course at least 18 holes in length, together with appropriate
accessory uses and structures such as clubhouses, restaurants, driving
ranges and putting areas, providing the operation of such are incidental
to the golf course operation.
Any waste or combination of wastes which pose a present or
potential threat to human health, living organisms or the environment
including, but not limited to, waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive
or flammable, and any wastes so designated by the Occupational Safety
and Health Administration, the United States Department of Transportation,
and the United States Environmental Protection Agency.
[Added 12-29-1980 by Ord. No. O-12-19-80]
Any area, plant, or other facility used for the treatment,
storage or disposal of hazardous waste, including loading and transportation
facilities or equipment used in connection with the processing of
hazardous wastes.
[Added 12-29-1980 by Ord. No. O-12-19-80]
Any real property, man-made structure, natural object or
any portion or ground of the foregoing of historical, archeological,
cultural, scenic or architectural significance. This includes any
of the foregoing listed in the Township Master Plan, Environmental
Resource Inventory, or any federal, state or local designations.
[Amended 12-22-2008 by Ord. No. 08-13]
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 Part 3, Zoning, of this chapter.
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.
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 to the extent that they are impervious.[10]
[Amended 6-7-1984 by Ord. No. 84-3]
Any farm shall be considered as an intensive fowl or livestock
farm if it meets any one of the following standards:
The use of more than 1,000 square feet in the case of an
agricultural parcel, or more than 200 square feet of the area of any
other lot for the storage, keeping, processing or abandonment of wastepaper,
rags, scrap metal, or other discarded material, or for the dismantling,
demolition or abandonment of automobiles or other vehicles, machinery
or parts thereof.
Any building or land parcel used for the commercial keeping
of dogs and/or other household pets. The keeping of more than five
such adult animals on any one property shall be deemed to constitute
a kennel.
Defined the same as earth excavation under this chapter.
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.
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.
The area contained within the lot lines of an existing or
proposed lot, excluding areas within any existing, proposed or required
right-of-way lines, or road, sight triangle, utility, or conservation
easements; or within any wetlands, wetlands transition areas, floodplains,
or other environmentally constrained or environmentally critical areas.
[Amended 12-22-2008 by Ord. No. 08-13]
A lot on the junction of two or more intersecting streets
where the interior angles of intersection do not exceed 135°.
Each corner lot shall have two front yards, one side yard, and one
rear yard.
The mean horizontal distance between the front and rear lot
lines measured in the general direction of the side lot lines.
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. (See diagram below.)
The right-of-way of the street or road on which the lot fronts
or abuts.
A lot line other than a street line which is the lot line
most distant from the street.
Any lot line other than a front or rear lot line.
The horizontal distance between side lot lines measured at
the building setback line.
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements pursuant to the
provisions of this chapter.[11]
Any division of land not classified as a minor subdivision.
A unit of housing which:
[Added 10-2-1986 by Ord. No. 86-6]
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 permanent foundation; and
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary of the United
States Department of Housing and Urban Development pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, P.L. 93-383 (42 U.S.C. § 5401, et seq.) and the
standards promulgated 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.).
A composite of the mapped and written proposals recommending
the physical development growth policy of the municipality which have
been duly adopted by the Planning/Zoning Board.
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.
A subdivision of land that does not involve the creation
of more than two lots, in addition to any one retained parcel; planned
development; any new street; or the extension of any off-tract improvements.
In counting lots to determine whether or not a proposed subdivision
is a minor subdivision, the following lots shall be counted:
[Amended 12-5-1996 by Ord. No. 96-06]
All lots to be created by the proposed subdivision;
All lot(s) in excess of the one that is 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; and
All lots created by prior subdivisions out of
the original parcel of contiguous land under common ownership as it
existed on December 31, 1959.[12]
A lot of which the area, dimension, or location; or a structure
of which the size, dimension or lot location; or an activity of 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
by reasons of such adoption, revision or amendment.
Land that is excepted from a development easement, conservation
easement, conservation restriction, or from an area that has been
permanently preserved as open space, but which may not be severed
or subdivided from the land that is subject to the development easement,
conservation easement, or conservation restriction, or from the land
that has been permanently preserved as open space.[13]
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 contiguous portion of
a street or right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining such open space, and provided that improvements
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.
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 8Â 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.
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.
Any use of land or buildings as permitted by this chapter.[14]
A direct-marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
[Added 5-6-2010 by Ord. No. 10-03]
PLANNED RESIDENTIAL DEVELOPMENT(See "cluster development.")
PLANNED COMMERCIAL DEVELOPMENTAn area of a minimum contiguous acreage as specified by Part 3, Zoning, of this chapter, 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 DEVELOPMENTAn area of a minimum contiguous acreage as defined by Part 3, Zoning, of this chapter, 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.
The established Planning/Zoning Board of the Township of
Mannington which also has the powers and duties of the Zoning Board
of Adjustment.
[Amended 7-31-2000 by Ord. No. 00-03]
A map or maps of a subdivision or site plan which is used
interchangeably with "plan" in this chapter.[15]
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 approving authority
and the applicant.
The main purpose for which a lot or building is used.[16]
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 takeout or drive-in
establishments which permit the consumption of food within motor vehicles.
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 description
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.
An application for development, amended application for development, application submitted as part of a bifurcated development proposal, prior resubmitted application for development, or other application to the Planning Board that was previously withdrawn by the applicant or denied by the Planning Board without prejudice, and which is thereafter submitted again in its identical form to the Planning Board by the same applicant. A resubmitted application for development shall constitute and be processed and reviewed by the Planning Board as a new application. A resubmitted application for development shall be subject to the application fee and escrow deposit requirements for resubmission or revision of a development plan or application per the fee schedule established in Mannington Township Code § 46-5, provided that if the Planning Board determines that the date of submission of a "resubmitted application for development" is on or before the 30th day following the date of the Planning
Board Secretary's receipt of the applicant's notice of withdrawal
of the prior application, or on or before the 30th day following the Planning Board's adoption of its resolution denying the prior application without prejudice, then the Planning Board shall, at the applicant's request, waive the application fee for the resubmitted application for development on the condition that the applicant's review escrow must be replenished within a Board-specified deadline in an amount sufficient to reimburse the Township for all professional fees relating to the prior application and to restore the review escrow to its initially required amount. A resubmitted application for development is not an amended application for development as defined in this Chapter 70. An application that has been denied with prejudice may not be resubmitted.
[Added 4-7-2011 by Ord. No. 11-02]
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 in at the end of this chapter.)
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.[17]
The land disposal site employing an engineered method of
disposal of solid waste other than hazardous waste, in a manner that
minimized environmental hazards, including but not limited to the
spreading of the solid waste in thin layers, compacting the waste
to the smallest practical volume, and applying cover material on a
daily or more frequent basis. The term "sanitary landfill" as used
in this chapter, however, shall not include a hazardous waste facility
of any kind nor shall hazardous waste of any kind be treated, stored
or disposed of at a sanitary landfill.[18]
[Added 12-29-1980 by Ord. No. O-12-19-80]
Land that is excepted from a development easement, conservation
easement, conservation restriction, or from an area that has been
permanently preserved as open space, and which may be severed or subdivided
from the land that is subject to the development easement, conservation
easement, or conservation restriction, or from the land that has been
permanently preserved as open space.
[Added 11-1-2007 by Ord. No. 07-14]
A group of commercial establishments built on one tract that
is planned and developed as an operating unit; it 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.
A triangular-shaped area at the intersection of two roads
established in accordance with the requirements of this chapter in
which visual obstructions are not permitted in order to promote traffic
safety. (see plates 8 - 10 at the end of this chapter.)
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia used to identify, advertise or promote the interest of any
person, business, or produce when the same is placed in view of the
general public.
A severable exception area that is severed or subdivided
in its entirety from land that is subject to the development easement,
conservation easement, or conservation restriction, or from the land
that has been permanently preserved as open space, and which constitutes
a single separate lot that will not be further subdivided.[19]
[Added 11-1-2007 by Ord. No. 07-14]
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes, and waterways; the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting and screening devices; and 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.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations, and from domestic
and community activities, and shall include all other waste materials,
including liquids disposed of incidental thereto except, it shall
not include solid animal and vegetable wastes collected by swine producers,
licensed by the State Department of Agriculture to collect, prepare
and feed such wastes to swine on their own farms.[20]
[Added 12-29-1980 by Ord. No. O-12-19-80]
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.
Any street, avenue, boulevard, road, parkway, drive, or other
way which is an existing state, county or municipal roadway; is shown
on a plat heretofore approved pursuant to law; is approved by official
action as provided by N.J.S.A. 40:55D-1 et seq.; or is shown on a
plat duly filed and recorded in the office of the County Clerk, prior
to the appointment of the Planning/Zoning 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 Township
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 to be controlled to maintain the integrity of the county road system.
COUNTY-LOCAL ROAD or TOWNSHIP COLLECTORA county road which serves only local purposes is defined as a county-local road and is intended to be designed and treated as a Township 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 is permitted in minor development, provided that the proposed design of the road is maintained.
MINOR STREETAll minor streets are 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 Plate 6 at the end of this chapter.)
CUL-DE-SACA minor land service street closed at one end, being no more than 750 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.
The right-of-way line of a street, road, or other public
right-of-way used or intended for use by vehicular traffic.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land. "Structure" shall include but not be limited
to a container, box, trailer or truck body, movable or otherwise,
in excess of 800 cubic feet in volume that is placed or parked on
a lot, except that a trailer, or truck body on a truck, that has current
motor vehicle registration and tags shall not be considered a structure
unless it remains on the same spot for more than 150 consecutive days.
[Amended 8-2-1993 by Ord. No. 93-3]
[Amended 12-29-1980 by Ord. No.
O-12-19-80]:
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning/Zoning
Board or Subdivision Committee thereof, appointed by the Chair to
be for agricultural purposes where all resulting parcels are five
acres or larger in size;
Division 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;
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 municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality; and
Division of property for transfer to an adjoining
lot, tract, or parcel that does not then conform with applicable zoning
area or yard requirements for the purpose of enabling said adjoining
lot, tract, or parcel to conform with said zoning area or yard requirements,
provided that the area of the transferred parcel is not larger than
is reasonably necessary to enable said adjoining lot, tract, or parcel
to so conform, and further provided that the lot, tract, or parcel
of the transferor does not thereby become a nonconforming lot, tract,
or parcel under applicable zoning requirements.
The term "subdivision" shall also include the
term "resubdivision."
See "date of submission."
[Added 4-7-2011 by Ord. No. 11-02]
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.
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 and portable swimming
devices located above ground level, with an area of less than 125
square feet and a water depth of less than three feet, temporary in
character and constructed of material other than concrete or masonry
shall not be deemed a swimming pool.[21]
A single-family, two-story dwelling unit with two vertical
party walls shared with adjacent 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.
The Township of Mannington, Salem County, New Jersey.
Permission to depart from the literal requirements of Part 3, Zoning, of this chapter or other development regulations specified in this chapter pursuant to N.J.S.A. 40:55D-1 et seq.
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.[22]
An open space on the same lot with the principal building,
unobstructed by buildings or structures from the ground to the sky,
except by fences, walls, poles and posts, or except as otherwise provided
in this chapter.
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 rear most
limit of the required front yard area.
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
to the rear lot line.
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.
[1]
Editor's Note: The former definition of "BMP," which immediately
followed this definition, was repealed 4-5-2021 by Ord. No. 21-02.
[2]
Editor's Note: The former definitions of "CAFRA centers, cores
or nodes" and "CAFRA Planning Map," which immediately followed this
definition, were repealed 4-5-2021 by Ord. No. 21-02.
[4]
Editor's Note: The former definitions of "compaction," "conservation
restriction," "core," and "County Review Agency", which immediately
followed this definition, were repealed 4-5-2021 by Ord. No. 21-02.
[5]
Editor's Note: The former definition of "conservation easement,"
which immediately followed this definition, was repealed 4-5-2021
by Ord. No. 21-02.
[6]
Editor's Note: The former definition of "designated center,"
"design engineer," and "development," which immediately followed this
definition, were repealed 4-5-2021 by Ord. No. 21-02.
[7]
Editor's Note: The former definition of "drainage area," which
immediately followed this definition, was repealed 4-5-2021 by Ord.
No. 21-02.
[8]
Editor's Note: The former definition of "environmentally constrained
areas" and "environmentally critical area," which immediately followed
this definition, were repealed 4-5-2021 by Ord. No. 21-02.
[9]
Editor's Note: The former definition of "floodplain," which
immediately followed this definition, was repealed 4-5-2021 by Ord.
No. 21-02.
[10]
Editor's Note: The former definitions of "impervious surface"
and "infiltration," which immediately followed this definition, were
repealed 4-5-2021 by Ord. No. 21-02.
[11]
Editor's Note: The former definition of "major development,"
which immediately followed this definition, was repealed 4-5-2021
by Ord. No. 21-02.
[12]
Editor's Note: The former definitions of "NJDEP" and "node,"
which immediately followed this definition, were repealed 4-5-2021
by Ord. No. 21-02.
[13]
Editor's Note: The former definition of "nutrient," which
immediately followed this definition, was repealed 4-5-2021 by Ord.
No. 21-02.
[14]
Editor's Note: The former definition of "person," which immediately
followed this definition, was repealed 4-5-2021 by Ord. No. 21-02.
[15]
Editor's Note: The former definition of "pollutant," which
immediately followed this definition, was repealed 4-5-2021 by Ord.
No. 21-02.
[16]
Editor's Note: The former definition of "recharge," which
immediately followed this definition, was repealed 4-5-2021 by Ord.
No. 21-02.
[17]
Editor’s Note: The former definition of "roadside stand,"
which immediately followed this definition, was repealed 5-6-2010
by Ord. No. 10-03.
[18]
Editor's Note: The former definition of "sediment," which
immediately followed this definition, was repealed 4-5-2021 by Ord.
No. 21-02.
[19]
Editor's Note: The former definition of "site," which immediately
followed this definition, was repealed 4-5-2021 by Ord. No. 21-02.
[20]
Editor's Note: The former definitions of "stormwater," "stormwater
management basin," "stormwater management measure," "stormwater management
ordinance" and "stormwater runoff," which immediately followed this
definition, were repealed 4-5-2021 by Ord. No. 21-02.
[21]
Editor's Note: The former definition of "time of concentration,"
which immediately followed this definition, was repealed 4-5-2021
by Ord. No. 21-02.
[22]
Editor's Note: The former definitions of "waters of the state"
and "wetlands or wetland," which immediately followed this definition,
were repealed 4-5-2021 by Ord. No. 21-02.
