Buena City Zoning Code
ARTICLE I
General Provisions
§ 150-1 Short title.
This chapter shall be known as the "Borough of Buena Land Use Ordinance."
§ 150-2 Intent; purpose.
The intent and purpose of this chapter are:
A.
To guide the appropriate use and development of all lands in Buena Borough in order to promote the public health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made disaster.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of Buena Borough does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E.
To promote appropriate population densities that will contribute to the well-being of persons, neighborhoods and regions and preserve the environment.
F.
To encourage the appropriate and efficient expenditure of public funds by coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety of land uses and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of people.
H.
To encourage circulation routes which will promote the free flow of traffic while discouraging location of facilities and routes that result in congestion or blight.
I.
To promote a desirable visual environment through creative development techniques and good civic design.
J.
To promote the conservation of historic sites, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment.
K.
To encourage development which is carefully planned to incorporate the best features of design and properly relate the land use development to the particular site.
L.
To encourage senior citizen community housing construction.
M.
To encourage coordination of public and private endeavors shaping land development in order to lessen costs.
N.
To promote the use of renewable energy resources.
O.
To promote the maximum practical recovery and recycling of materials from municipal solid waste through the use of planning practices which incorporate state recycling plan goals.
§ 150-3 Construal of provisions.
This chapter, being necessary for the welfare of the state and its inhabitants and particularly for the residents of Buena Borough, shall be considered liberally to effect the purposes herein.
§ 150-4 Word usage.
As used in this chapter, unless the context clearly indicates a different meaning, the word "shall" denotes a mandatory requirement, and the term "may" indicates a permissive action.
§ 150-5 Definitions.
The meaning of words and terms defined by N.J.S.A. 40:55D-3 through 40:55D-7 shall apply. As used in this chapter, the following terms shall have the meanings indicated:
An added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream.
A subordinate building or structure, the purpose of which is customarily incidental to that of the principal use or building and on the same lot. Where an "accessory building" is attached to the side or front of a principal building by a wall or roof, such "accessory building" shall be considered part of the main building for the purpose of determining the required dimensions of yards, but if it is attached completely to the rear of all portions of the principal building, it may be considered an "accessory building" for determining required yard dimensions.
As used in Article XVIII, Pinelands Area Standards, a retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An "agricultural commercial establishment" may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets which coincidentally sell agricultural products, nor does it include agricultural production facilities, such as a farm itself, nor facilities which are solely processing facilities.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, any production of plants or animals useful to any man, including but not limited to forages or sod crops; grains and feed crops, dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, a facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including the washing, grading and packaging of those products.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, an establishment, the primary purpose of which is the sale of goods, commodities or services that support active farm establishments.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XIX, Air Safety and Hazardous Zoning Standards, any area of land or water, or both, designed and set aside for the landing and takeoff of fixed wing aircraft, used or to be used by the public for such purposes, publicly or privately owned and licensed by the Commissioner of the New Jersey Department of Transportation as a public use airport or landing strip; or an area which has been determined by the Commissioner as likely to be licensed within one year of the determination.
As used in Article XIX, Air Safety and Hazardous Zoning Standards:
Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or takeoff at an airport; or
A structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.
The traveled way by which cars enter and depart parking spaces.
A legal document which combines, by written description, several parcels of land into one tract, as required for the purpose of establishing a lot that meets the minimum standards set by the schedules of this chapter[2] as a provision for subdivision or redivision approval.
As applied to a building or structure, a change or rearrangement in the structure parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.
As used in Article XX, Heliports, Helistops and Helipads, any construction, demolition or modification to the surface design or operational areas of an aeronautical facility which affects, increases or diminishes its operational capabilities.
An individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
[Added 8-11-2003 by Ord. No. 504; amended 4-8-2019 by Ord. No. 676]
As used in Article XVIII, Pinelands Area Standards, those animals specified in N.J.A.C. 7:50-6.32.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, any board, body or other authority within the Borough of Buena with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
[Amended 8-3-1992 by Ord. No. 403]
See "sign area."
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 4-9-2012 by Ord. No. 589]
Premises on which are held at periodic times auction sales of merchandise or any other personal property.
See "junkyard."
A story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.
The parking module usually consisting of two rows of parking spaces and the aisle.
A silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XIII, Fences and Signs, a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
An area of land usually bounded by streets, railways, streams or other barriers to development continuity, which includes within its boundaries land parcels designated by lot numbers on the Municipal Tax Maps.
A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 4-9-2012 by Ord. No. 589]
A continuous strip of trees and/or shrubs not less than six feet in height densely planted so as to restrict a clear view beyond said strip.
As used in Article X, Buffer Screening; Shade Trees; Landscaping Standards, the term "buffer" or "buffer strip" shall mean a land area used to visually separate one use from another or to block noise, lights or other nuisances; which shall be maintained on a base of self-draining soils and which may be required under screening standards to include fences, berms, vegetation or a combination thereof.
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other support and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
The aggregate of the areas of all buildings as defined in the definition of "building." Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof; to the average height between the plate and ridge of a gable, hip or gambrel roof; or to the highest point of any other structure defined as a building in the definition of "building."
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building or any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the "building line."
A building in which is conducted the main or principal use of the lot on which said building is situated.
Permanent devices set in each stall to block the front wheels and prevent encroachment beyond the stall space.[3]
As used in Article XVIII, Pinelands Area Standards, a portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term use. "Camper" does not include mobile homes, trailer coaches or other trailers used as permanent dwellings.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, a place used or suitable for camping on which temporary shelter, such as a tent or camper, may be placed and occupied on a temporary and seasonal basis. "Campsite" does not include trailer courts.
[Amended 8-3-1992 by Ord. No. 403]
As used in § 150-142, Trailers and mobile homes, the terms "campsite" or "trailer camp" shall mean any lot or plot of ground used for the temporary or permanent storage, parking or location of one or more trailers or camp cars for a period of more than six hours and which places are used as a business operated for profit or personal use.
That area of a street within which vehicles are permitted, including travel lanes and parking places, usually measured between curbs or curblines.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
As used in Article XVIII, Pinelands Area Standards, a certificate issued by the Pinelands Commission, pursuant to N.J.A.C. 7:50-4.34, that a complete application for development has been filed.
[Amended 8-3-1992 by Ord. No. 403]
A certificate issued by the Building Inspector upon completion of construction, alteration or change in occupancy of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment and/or all other applicable requirements.
A traffic control device which forces vehicles into certain traffic flows or turning movements.
A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses, convents and such accessory uses.
A silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
[Added 4-9-2012 by Ord. No. 589]
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-2 et seq.). In the case of housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement established by the Department of Human Services, Division of Mental Health and Hospitals.
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and more specifically in Article XVII, and upon the issuance of an authorization therefor by the Planning Board.
An easement which precludes future or additional development of the land in order to preserve open space, a scenic view, a waterfront or the facade of a building.
As used in Article XVIII, Pinelands Area Standards, land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
[Amended 8-3-1992 by Ord. No. 403; 5-3-1993 by Ord. No. 407]
A silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.
[Added 4-9-2012 by Ord. No. 589]
The opening along the curbline at which point vehicles may enter or leave the roadway.
The officially established grade of the curb in front of the midpoint of the lot.
The curb connecting the ramp curb to the street curb.
As used in Article XVIII, Pinelands Area Standards, the average number of housing units per unit of land.
[Amended 8-3-1992 by Ord. No. 403]
An added roadway lane that permits cars to slow down and leave the main vehicular stream.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, the New Jersey Department of Transportation.
As used in Article XVIII, Pinelands Area Standards, the change or enlargement of any use or disturbance of any land, the performance of any building or mining disturbance operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
[Amended 8-3-1992 by Ord. No. 403]
A change in type of use of a structure or land.
A reconstruction or alteration of the size or material change in the external appearance of a structure or land.
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
The commencement of resource extraction, drilling or excavation on a parcel of land.
The demolition of a structure or removal of trees.
The deposit of refuse, solid or liquid waste or fill on a parcel of land.
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
The alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
The commencement of forestry activities.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, the construction, reconstruction, creation or establishment of any structure or the planting of a tree.
A person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-1).
As used in Article XVIII, Pinelands Area Standards, any approval granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part II or Part IV.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, all developments other than major developments.
[Amended 8-3-1992 by Ord. No. 403]
A silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.
[Added 4-9-2012 by Ord. No. 589]
The taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
[Added 4-22-2024 by Ord. No. 752]
As used in Article XIX, Air Safety and Hazardous Zoning Standards, the Division of Aeronautics.
As used in Article XVIII, Pinelands Area Standards, the removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
[Amended 8-3-1992 by Ord. No. 403]
An easement required for the installation of storm sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream, watercourse or other drainage facility.
A silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XVIII, Pinelands Area Standards, any structure or portion thereof which is designed or used for residential purposes.
[Amended 8-3-1992 by Ord. No. 403]
The conversion or alteration of an existing dwelling into two or more dwelling units with each unit designed to provide living facilities, including kitchen, for one family; such conversions may permit horizontal separation of the units.
A detached residential structure designed to provide living facilities, including kitchen, for one family only. (Also see "dwelling unit.")
One of two attached one-family dwelling units having a common wall between each unit and individual rear yards and/or front yards designed as an integral part of each one-family dwelling unit.
A residential structure, not to exceed two stories, comprised of four dwelling units with each unit designed to provide living facilities, including kitchen, for one family and each unit separated from the other by a vertical wall(s).
A residential structure, not to exceed two stories, comprised of three dwelling units with each unit designed to provide living facilities, including kitchen, for one family and each unit separated from the others by vertical wall(s).
Any residential structure, not to exceed two stories, comprised of two dwelling units with each unit designed to provide living facilities, including kitchen, for one family and each unit separated by a vertical wall.
A group of rooms providing living facilities, including kitchen, for one family.
The grant of one or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
As used in Article XVIII, Pinelands Area Standards, all electric lines other than electric transmission lines.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.
[Amended 8-3-1992 by Ord. No. 403]
To build, construct, attach, hang, place, suspend or affix, and shall include signs painted directly on a wall surface.
One or more persons, related by blood or marriage, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Any private residence approved by the Division of Youth and Family Services, or an organization with which the Division contracts for family day care, in which child care services are regularly provided to no fewer than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving care services:
As used in Article XIX, Air Safety and Hazardous Zoning Standards, an accelerated system of application procedure and review.
As used in Article XIII, Fences and Signs, an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
As used in Article XVIII, Pinelands Area Standards, the changing of the characteristics and interactions of fish and wildlife population and their habitat in order to promote, protect and enhance the ecological integrity of those populations.
[Amended 8-3-1992 by Ord. No. 403]
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Amended 8-3-1992 by Ord. No. 403; 4-9-2012 by Ord. No. 589]
The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 8-3-1992 by Ord. No. 403; 6-2-1997 by Ord. No. 444; 4-9-2012 by Ord. No. 589]
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
A building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
Any garage other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, greasing, washing, polishing or other cleaning and servicing of automobiles or other motor vehicles, including the supplying of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations but shall not be construed to include motor vehicle showrooms for new or used motor vehicles.
An area of 50 or more contiguous acres containing a full-size golf link, at least nine holes totaling a minimum of 2,700 yards from tee to green, together with usual accessory uses, provided that the operation of such facilities is incidental and subordinate to the operation of the golf course.
As used in Article XXIII, Manufactured Homes, a reference plane consisting of the average finished ground level adjacent to a structure, building or facility at all visible exterior walls.
The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two dwelling units. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.
Any single-family dwelling used in the placement of children, recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner; provided, however, that no group home shall contain more than 12 children.
A silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XVIII, Pinelands Area Standards, the natural environment of an individual animal or plant population or community.
[Amended 8-3-1992 by Ord. No. 403]
A double-painted line separating parking stalls.
As used in Article XVIII, Pinelands Area Standards, the vertical distance of a building measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roof. For structures, the vertical distance measures from grade to its highest point.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XX, Heliports, Helistops and Helipads, a rotary wing aircraft that depends principally upon the lift generated by engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose. Such areas may be designated in parking lots, on golf courses, within parks or athletic fields or on properly constructed and approved rooftops.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such areas may include passenger and cargo facilities, fueling service, storage space, tie-down spaces, hangars and other accessory facilities.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose. Such area shall be limited to the operation of helicopters which are owned and controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant. Such area may include refueling but no maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single helicopter.
As used in Article XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such area shall be open to use by any helicopter regardless of ownership and control. Such area shall not include any refueling, maintenance, repair or hangar facilities except that a tie-down may be provided for and limited to a single helicopter.
As used in Article XVIII, Pinelands Area Standards, any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
[Amended 8-3-1992 by Ord. No. 403; 6-2-1997 by Ord. No. 444]
As used in Article XVII, Conditional Use Standards, an office for professional or vocational activity carried on for gain by a resident, conducted as an accessory use within the resident's dwelling or in a separate structure which is accessory to the residential use, such as a garage that is located on the same site.
The office of a member of a recognized profession when conducted on residential property. Such occupations shall be limited to those of doctors, lawyers, architects, engineers, artists, ministers, musicians and other recognized professional persons.
Those animals traditionally kept as pets, such as dogs or cats, but not including such animals traditionally kept as livestock.
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
[Added 4-22-2024 by Ord. No. 752]
As used in Article XVIII, Pinelands Area Standards, any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
[Amended 8-3-1992 by Ord. No. 403]
Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
[Amended 8-3-1992 by Ord. No. 403; 6-2-1997 by Ord. No. 444; 4-8-2019 by Ord. No. 676]
As used in Article XVIII, Pinelands Area Standards, any surface which does not permit fluids to pass through or penetrate its pores and spaces.
[Amended 8-3-1992 by Ord. No. 403]
Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in urban areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, New Jersey 08873. Such surfaces may have varying degrees of permeability
[Added 4-9-2012 by Ord. No. 589]
A silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XVIII, Pinelands Area Standards, any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; cemeteries; public office buildings; and other similar facilities.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, any person whose right to use, require or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or any other law of this state or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act[8] to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
[Amended 8-3-1992 by Ord. No. 403]
Built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signing or lighting.
Any area and/or structure used or intended to be used for the conducting and operation of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
As used in Article XVIII, Pinelands Area Standards, includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XX, Heliports, Helistops and Helipads, a specific area of defined dimensions to which the helicopter approaches for landing or from which it departs, and includes the touchdown area.
The provision of lawns, trees, plants and other natural and decorative features in order to improve the visual and climatic condition of the land.
As used in Article XVIII, Pinelands Area Standards, an antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
[Added 6-2-1997 by Ord. No. 444]
A street designed to provide access to the abutting property and to discourage through traffic, generally connecting to a collector.
As used in Article XIV, Layout of Blocks and Lots, a parcel, tract or area of land established by plat or subdivision as permitted by law, to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or more intersecting streets.
That percentage of the lot area which may be devoted to building area.
A mean horizontal distance between the front and rear lot lines, measured at right angles to the streets at two equidistant points on the front lot lines and in the general direction of said lot lines.
The lot line which is coexistent with the street line and which shall be measured along the building line setback specified under the front yard requirements of the zoning schedule.[9] In the case of lots which front on curbs, streets or culs-de-sac, the frontage shall be measured along the tangent of the center of the arc at the building line set forth for the zone.
The horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
A roadway of limited access, such as New Jersey Route 55, which carries traffic on multilanes from one region to another within the state, generally connecting with interstate routes.
A street which serves to collect traffic from the minor collector streets and is part of the network which comprises the main movers of traffic within the borough, generally connecting to a minor arterial.
As used in Article XXIII, Manufactured Homes, a unit of housing which:
Consists of one or more transportable sections which are substantially constructed off site, and if more than one section, are joined together on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
Is manufactured in accordance with the provisions of the National Manufactured Housing Standards Act of 1974, P.L. 93-383 (42 U.S.C. § 5401 et seq.), and the standards set for a manufactured or mobile home by the Commissioner of the Department of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
The treatment or processing of raw products and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
A roadway, such as New Jersey Route 40, which serves to collect traffic from the major collectors, carry it through the borough and into adjacent counties.
A street which serves to collect traffic from local streets, generally connecting to a major collector.
A development plan on a vacant tract of land which proposes construction of 1,000 square feet of floor area or less; has provision for 10 parking spaces or fewer; involves an application to conduct a business use or home occupation within the property owner's residence or an accessory structure thereto; involves an application to construct or expand one- or two-family residences, including accessory buildings which are located within a designated flood zone; or involves construction of a residence on lots of record which are required to be reviewed in order to alleviate or prevent drainage problems.
A street which carries very little traffic, such as a cul-de-sac, and serves only as access to the abutting lots, generally connecting to a local street.
A subdivision of land to create two new lots and the remainder lot, provided that the subdivision does not involve a new street or the extension of an off-tract improvement, the cost of which is to be prorated.
As used in Article XXIII, Manufactured Homes:
A parcel of land or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to:
A parcel, or any contiguous parcels of land which contain, on the effective date of this chapter, no fewer than three sites equipped for the installation of manufactured homes and which otherwise conform to the provisions of this definition shall qualify as a mobile home park for the purposes of Article XXIII, Manufactured Homes.
The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 4-9-2012 by Ord. No. 589]
A lot, the area dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning schedules,[11] but which, by reason of such adoption, revision or amendment, fails to conform to the present requirements of the zone.
A structure or building, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning provisions of this chapter, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
A use or activity which was lawful prior to the adoption, revision or amendment of the zoning provisions of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
The use of water diverted from surface or groundwaters in such a manner that at least 90% of the diverted water is returned to the source surface or groundwater at or near the point from which it was taken.
[Added 4-22-2024 by Ord. No. 752]
As used in Article XXIII, Manufactured Homes, any foundation consisting of nonmortared blocks, wheels, concrete slab or runners, or any combination thereof, or any other system approved by the Commissioner of the Department of Community Affairs for the installation and anchorage of a manufactured home on other than a permanent foundation.
As used in Article XX, Heliports, Helistops and Helipads, any natural or man-made objects or uses of land or water which obstruct or are hazardous to the airspace specified by the State or Federal Aviation Administration for the maneuvering of aircraft or to the accessibility of airspace to the public participating in aeronautical activities.
As used in Article XVIII, Pinelands Area Standards, a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XXIII, Manufactured Homes, the construction of that home or section at a location other than the location at which the home is to be installed.
As used in Article XXIII, Manufactured Homes, the joining of those sections at the location at which the home is to be installed.
The portion of a vehicle which extends beyond the wheel stops or curb, approximately 2.5 feet.
As used in Article XVIII, Pinelands Area Standards, any quantity of land consisting of one or more lots that is capable of being described with such definiteness that its location and boundaries may be established.
[Amended 8-3-1992 by Ord. No. 403; 6-2-1997 by Ord. No. 444]
A space available to the general public in nonresidential zones for the parking of motor vehicles. Said space shall measure at least 9.5 feet by 19 feet, exclusive of accessways. "Parking spaces" reserved for employees only may measure 9 feet by 19 feet.[12]
A single way providing vehicular access to two adjoining properties.
As used in Article XX, Heliports, Helistops and Helipads, a safety zone that provides an additional obstruction-free surface on all sides of a prescribed helicopter landing and takeoff area.
As used in Article XXIII, Manufactured Homes, a system of support installed either partially or entirely below grade, which is:
An easement that is self-perpetuating and runs with the land.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
As used in Article XVIII, Pinelands Area Standards, an individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, the Pinelands National Reserve and the Pinelands Area.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, a use right allocated to certain lands within the borough pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in other municipalities which have adopted appropriate ordinances permitting their use.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, the agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that period.
[Amended 8-3-1992 by Ord. No. 403]
See N.J.A.C. 7:50-6.43.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XVIII, Pinelands Area Standards, N.J.S.A. 13:18A-1 to 13:18A-29.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
[Amended 8-3-1992 by Ord. No. 403]
The Planning Board of the Borough of Buena.[14]
As used in Article XVIII, Pinelands Area Standards, a Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 8-3-1992 by Ord. No. 403]
The conferral of certain rights specified herein prior to final approval after elements of the preliminary plan have been reviewed and approved.
As used in Article XVIII, Pinelands Area Standards, all land within the Pinelands Area which is not included in the preservation area.
[Amended 8-3-1992 by Ord. No. 403]
Any government or governmental agency of the Borough of Buena, Atlantic County, the State of New Jersey or the United States of America.
As used in Article XVIII, Pinelands Area Standards, development, including subdivision, by any township or other governmental agency.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly; roads and streets; and other similar services provided or maintained by any public or private entity.
[Amended 8-3-1992 by Ord. No. 403]
A sloping roadway or passage used to join two different levels of streets, structures or buildings; or a driveway leading to parking facilities.
As used in Article XVIII, Pinelands Area Standards, the management program which employs the most efficient use of available technology and natural, human and economic resources.
[Amended 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, the largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 6-2-1997 by Ord. No. 444]
As used in Article XVIII, Pinelands Area Standards, any recreational facility which does not satisfy the definition of low-intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
[Added 8-3-1992 by Ord. No. 403]
As used in Article XVIII, Pinelands Area Standards, a facility or area which complies with the standards in N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 8-3-1992 by Ord. No. 403; 6-2-1997 by Ord. No. 444]
As used in Article XX, Heliports, Helistops and Helipads, a point on the earth's surface, identified in terms of latitude and longitude to the nearest second, from which all linear measurements originate when applying the specific criteria to helicopter facilities. The facility reference point shall always be the exact center of the helicopter touchdown area.
The total number of dwelling units which may be or are developed on an area of land, before requirements for public access and required open space are provided.
The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open space are provided.
As used in Article XVIII, Pinelands Area Standards, a plan prepared for review by the Soil Conservation District which details the proposed use of agricultural recommended management practices.
[Amended 8-3-1992 by Ord. No. 403]
Any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.
An establishment where patrons are served food, soft drinks, ice cream and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
The relocation of lot lines previously approved or recorded according to law or the relocation of any street or the establishment of a new street, but does not include conveyances which combine existing lots by deed.[15]
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or which is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses and which grants the right of one to pass over the property of another.
A silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XXIII, Manufactured Homes, a system of support consisting of poured concrete strips running the length of the chassis of a manufactured home under the lengthwise walls of that home.
A method of visually shielding or obscuring one structure or use from another structure or use by using walls, berms or densely planted vegetation which acts as a visual barrier and a muffler of noise.
As used in Article XVIII, Pinelands Area Standards, the level below the natural ground surface to which water seasonally rises in the soil in most years.
[Amended 8-3-1992 by Ord. No. 403]
A silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.
[Added 4-9-2012 by Ord. No. 589]
Those trees which provide shade in the summer and shed their leaves in the fall.
As used in Article XX, Heliports, Helistops and Helipads, an enclosed structure to provide for the comfort of persons against rain, wind, sun and adverse weather.
A silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
[Added 4-9-2012 by Ord. No. 589]
A grouping of retail and personal service shops housed within a single building or series of buildings designed and constructed as a unit, which share common off-street parking facilities.
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
Includes every sign, billboard, ground sign, wall sign, roof sign, sign painted on the exterior of a building or structure, illuminated sign, projecting sign, temporary sign, flag, pennant and badge, and shall likewise include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person, firm or corporation when the same is placed out of doors in view of the general public. EXCEPTION: This shall not include official court or public notices, the flag or an emblem or insignia of a government, a school or a religious group when displayed for official purposes.
The area included within the edges of the sign or within the outer edges of any frame attached thereto, whichever is greater. Where the sign has no clearly defined frame or edge, the sign area or area of a sign shall be defined by and in terms of four sides (straight sides) which most closely outline such sign or frame. In no case, however, shall the area of the frame exceed 25% of the total sign area or area of the sign. All signs attached to the outside windows or glass areas shall be considered as part of the total allowable sign area for any structure or use.[16]
A sign which identifies an institution or organization on the premises of its location and which contains the name of the institution, organization or the individuals connected with it, as well as general announcements of events or activities occurring therein.
A sign designed so that characters, letters or illustrations can be changed or rearranged without altering the surface or the area of the sign. Temporary signs and electronic digital signs are included in this definition.
A sign giving the name or names of architects, artisans, contractors or lending institutions responsible for the on-site construction, as well as other related information.
Any sign which indicates on-site traffic flow or access which carries no advertising message.
A sign giving the name or names and location of the occupants of the building to which the sign is attached. Such signs may be painted on the exterior doors of office buildings.
A sign which identifies the principal use, enterprise or person to which the premises is dedicated.
See "sign, wall."
Any nonmovable sign which is not affixed to a building. See "sign, ground, pole or pylon."
A sign supported by structures, poles or pylons in or upon the ground, independent of support of any building.
Any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.
A sign illuminated in any manner by an artificial light source.
See "sign, wall."
A sign constructed and placed so that its surface extends beyond the building or wall to which it is attached.
A sign which offers for sale, lease or rent the property upon which the sign is placed.
A movable sign or sign structure.
A sign painted on or affixed to and erected parallel to the face of the outside wall, or recessed within the outside wall of a building, which displays only one advertising surface. Such signs may also be placed on decorative freestanding wall-like structures which are sometimes placed along the frontage of or at the entrance to a site.
A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.
[Added 4-8-2019 by Ord. No. 676]
A raised section of a paved surface or roadway designed to interfere with and deter speeding traffic.[20]
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.
That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A cellar shall also be included as a half story.
That line determining the limit of the highway rights of the public, either existing or contemplated.
An easement set adjacent to the public right-of-way boundaries for the purpose of planting and maintaining street shade trees, usually required where utilities and infrastructure have preempted space within the dedicated public right-of-way.
As used in Article XVIII, Pinelands Area Standards, any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
[Amended 8-3-1992 by Ord. No. 403]
A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.[22]
As used in Article XIX, Air Safety and Hazardous Zoning Standards, any object constructed or installed by man, including but not limited to buildings, towers, smoke stacks, chimneys and overhead transmission lines.
A public or privately owned pool open to the general public on a membership basis and having appropriate dressing room facilities, recreational facilities and off-street parking areas.
A private swimming pool associated with a residential dwelling unit or units and located on an individual residential lot.
As used in Article XX, Heliports, Helistops and Helipads, a powered movement of an aircraft on the ground or on water from one area to another, usually just before takeoff or after landing. Helicopters may hover-taxi as well as ground-taxi dependent upon the type of landing gear and the surface area being used.
As used in Article XX, Heliports, Helistops and Helipads, a pathway for the movement of an aircraft on the surface, usually connecting the landing and takeoff area with support facilities.
A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XX, Heliports, Helistops and Helipads, a defined part of the heliport or helistop to which a helicopter will approach and actually alight (or come to a zero forward ground speed hover from the approach prior to touchdown or taxiing to another area) and from which helicopter departures shall originate.
As used in Article XX, Heliports, Helistops and Helipads, a designated area of the facility on which a helicopter will actually alight.
As used in Article XXIII, Manufactured Homes, a recreational vehicle, travel trailer, camper or other transportable, temporary dwelling unit, with or without its own motor power, designed and constructed for travel and recreational purposes, to be installed on a nonpermanent foundation, if installation is required.
A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailers, mobile homes, house trailers and trailer coaches, excepting therefrom travel trailers which are under eight feet in width and under 25 feet in length and which are not used for purposes of day-to-day habitation.
Land and premises upon which two or more trailer coaches occupied for dwelling or sleeping purposes are located. This term shall include trailer coach parks and courts.
As used in Article XVI, Zoning Districts; Standards, any unit designed and used for living or sleeping purposes which is equipped with wheels or similar devices used for the purpose of transporting said unit from place to place, whether by motive power or other means, and without permanent foundation other than wheels, jacks or skirtings.
As used in Article XIX, Air Safety and Hazardous Zoning Standards, an object of natural growth.
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
As used in Article XVIII, Pinelands Area Standards, lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewer or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
[Amended 8-3-1992 by Ord. No. 403; 6-2-1997 by Ord. No. 444]
As used in Article XVIII, Pinelands Area Standards, those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands includes lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
[Amended 8-3-1992 by Ord. No. 403]
The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.
[Added 4-9-2012 by Ord. No. 589]
As used in Article XVIII, Pinelands Area Standards, those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryman, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
[Amended 8-3-1992 by Ord. No. 403]
An open unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front lot line of the building, projected to the side lines of that lot. Setback lines shall be synonymous with the rear limit of the required front yard area.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot and the nearest line to the building and extending from the front yard to the rear yard or, in the absence of either side yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
The officially established Zoning Board of Adjustment of the Borough of Buena.[23]
The officially established Zoning Officer of the Borough of Buena.
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
[2]
Editor's Note: The zoning schedules are included as attachments to this chapter.
[4]
Editor's Note: See N.J.S.A. 13:18A-5.
[5]
Editor's Note: See N.J.S.A. 13:18A-8.
[6]
Editor's Note: This definition is carried under N.J.S.A. 40:55D-4.
[7]
Editor's Note: See N.J.S.A. 40:55D-4.
[8]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[9]
Editor's Note: The zoning schedules are included at the end of this chapter.
[10]
Editor's Note: See N.J.S.A. 40:55D-5.
[11]
Editor's Note: The zoning schedules are included as attachments to this chapter.
[13]
Editor's Note: See N.J.S.A. 13:18A-3i and 13:18A-11a, respectively.
[14]
Editor's Note: Ordinance No. 542, adopted 12-11-2006, consolidated the functions of the Planning Board and Zoning Board of Adjustment into the Land Use Board. Section 1 of Ord. No. 542 stated in part that references to the Planning Board or Zoning Board of Adjustment in any existing ordinance shall be deemed to refer to the Land Use Board. See Art. II, Land Use Board.
[15]
Editor's Note: See also the definition of "resubdivision" under N.J.S.A. 40:55D-6.
[17]
Editor's Note: The Table of Sign Standards is included as an attachment to this chapter.
[18]
Editor's Note: See N.J.S.A. 40:55D-7.
[19]
Editor's Note: The former definition of "specimen tree," as amended, which immediately followed this definition, was repealed 6-2-1997 by Ord. No. 444.
[20]
Editor's Note: The former definition of "standard subsurface sewage disposal system," as amended, which immediately followed this definition, was repealed 6-2-1997 by Ord. No. 444.
[21]
Editor's Note: See N.J.S.A. 40:55D-7.
[22]
Editor's Note: See also N.J.S.A. 40:55D-7.
[23]
Editor's Note: Ordinance No. 542, adopted 12-11-2006, consolidated the functions of the Planning Board and Zoning Board of Adjustment into the Land Use Board. Section 1 of Ord. No. 542 stated in part that references to the Planning Board or Zoning Board of Adjustment in any existing ordinance shall be deemed to refer to the Land Use Board. See Art. II, Land Use Board.
§ 150-6 Authorization to adopt rules and regulations.
The municipal agencies governing land use and development shall adopt and may amend reasonable rules and regulations, under law, for their administrative functions and shall furnish a copy thereof to any person upon request. A reasonable fee may be charged.
§ 150-7 Application fees.
[Amended 9-8-1998 by Ord. No. 457; 9-28-2009 by Ord. No. 567; 9-12-2016 by Ord. No. 641; 5-12-2025 by Ord. No. 769]
Fees shall be as follows:
A.
Redivision (not creating a new lot): $300.
H.
Major site plan, preliminary.
Proposed Development Area (square feet) | Fee |
|---|---|
5,000 to 25,000 | $2,000 |
25,000 to 50,000 | $2,400 |
50,000 to 100,000 | $3,000 |
100,000 to 250,000 | $4,000 |
250,000 to 500,000 | $6,000 |
500,000 | $8,000 |
I.
Major site plan, final.
Proposed Development Area (square feet) | Fee |
|---|---|
5,000 to 25,000 | $800 |
25,000 to 50,000 | $1,000 |
50,000 to 100,000 | $1,600 |
100,000 to 250,000 | $2,000 |
250,000 to 500,000 | $3,000 |
500,000 | $4,000 |
J.
Perfected site plan submission. When the Board approves a development plan with conditions specified in the resolution that minor details be added, such required resubmission shall not be reviewed again by the Board, provided that such plan shall not be signed by the Chairman and Secretary until all the conditions of the resolution are met. No fee shall be charged.
K.
Conditional use: $300.
L.
Applications for variances pursuant to N.J.S.A. 40:55D-70: $500, plus $100 per variance.
M.
Extension of granted variance: $200.
N.
Special meetings requested by and/or charged to applicant, Land Use Board: $1,500.
O.
Assessor's certified list of owners: $10 or $0.25 per name, whichever is greater.
P.
Preparation of transcripts: $4 per page.
Q.
Certificates of approval: $6.
R.
Housing fee (single-family development): $1,000.
§ 150-8 Escrow, review and inspection fees; deposits; payment of professionals; appeals.
[Amended 9-8-1998 by Ord. No. 457]
A.
Escrows or deposits for review and inspections. In addition to the application fees required by § 150-7, an applicant for development approval before any approval agency in the Borough of Buena is responsible for and shall pay all costs incurred by the approval agency, or by the Borough Council, for review, analysis, evaluation, inspection or other necessary professional reviews by their engineers, solicitors, professional planners or other professionals retained for these purposes. It is the intent of this section to require the applicant for any development approval requested of any approval agency, or the owner of the property which is to be developed, to pay all costs incurred at each phase of the zoning, planning or review process incurred by professionals on behalf of the Planning Board, the Zoning Board of Adjustment or the Borough Council. The Chief Financial Officer of the borough shall make all payments to professionals for services rendered to the Borough or its approval agencies for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspection of developments under construction, and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the borough or its approval agencies. The only cost that shall be added to any charges shall be actual out-of-pocket expenses of such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his or her bill.
B.
Scope of reimbursed services. The borough and its approval agencies shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to, drafting resolutions, developer's agreements, subdivision deeds and necessary correspondence with the applicant or applicant's professionals.
C.
Deposit of escrow funds; refunds. All deposits received from any applicant shall be held by the Chief Financial Officer in a special escrow account. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The borough shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the borough annually, or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the approval agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
D.
Payments.
(1)
Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, each date the services were performed, the hours spent to one-quarter-hour increments, the hourly rate charged and the expenses incurred. All professionals shall submit vouchers on a monthly basis, in accordance with the schedules and procedures established by the Chief Financial Officer, for services rendered to the Planning or Zoning Board, or to the Borough Council, as the case may be, which vouchers shall be immediately forwarded to the Chief Financial Officer for payment. Professional charges shall be consistent with charges approved by the approval agency in the professional services agreement entered into between the agency and the professional at the time of appointment. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer simultaneously to the applicant and to the municipal agency for whom said services were performed.
(2)
The Chief Financial Officer shall prepare and send a statement to the applicant which shall include an accounting of funds listing all deposits, interest earnings (if applicable), disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the borough or its approving agencies to perform required application reviews or improvement inspections, the Secretary to the Planning or Zoning Board, or Chief Financial Officer, shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work or review to continue on the development or the application, the applicant shall, within 20 days of receipt of the above notice, post a deposit to the account in an amount to be agreed upon by the approving agency. In the interim, only required health and safety inspections shall be made and charged back against the replenishment of funds. If the applicant and the approving agency cannot agree upon the amount needed to replenish the escrow account, the applicant shall deposit sufficient funds to increase the escrow account to its initial level in accordance with the fee schedule set forth in § 150-8.1 of this chapter.
E.
Payments required prior to issuance of permits. No zoning permit, building permit, certificate of occupancy or any other type of permit, and no signed subdivision deed or plat, may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the borough from professional personnel rendering services in connection with such application and such bills have been paid from available escrow funds.
F.
Close-out procedures.
(1)
The following close-out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approval agency has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.
(2)
The applicant shall send written notice by certified mail to the Chief Financial Officer, to the approval agency and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. Within 30 days of receipt of such notice, the professional shall render a final bill to the Planning or Zoning Board, or to the Borough Council, as the case may be, which shall immediately be forwarded to the Chief Financial Officer for payment. The professional shall forward a copy of said bill simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of the receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer, if applicable, along with the final accounting.
G.
Scope of charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approval agency or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. Such charges shall be consistent with fees approved by the approval agency in the professional services agreement entered into between the approval agency and the professional. A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent that consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan.
H.
Limitation of inspection fees. Inspection fees shall be charged only for actual work shown on the subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.
I.
Substitution of professionals. If the borough or an approving agency retains a different professional or consultant in the place of a professional originally responsible for development application review, inspection or improvements, the borough or approving agency shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the borough or approving agency shall not bill the applicant or charge to the deposit or escrow account for services rendered by the new professional to become familiar with the application.
J.
Estimate of costs of improvements. The costs of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the engineer who has contracted to perform engineering services for the Planning or Zoning Board, or by the Municipal Engineer, based on documented construction costs for the public improvements prevailing in the general area of the borough. The developer may appeal the engineer's estimate of costs to the County Construction Board of Appeals established pursuant to N.J.S.A. 52:27D-127.
K.
Appeals. An applicant shall notify the Borough Council in writing, with copies to the Chief Financial Officer, the approval agency and the professional, whenever the applicant disputes the charges made by a professional for a service rendered to the Planning or Zoning Board, or to the municipality, in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to N.J.S.A. 40:55D-53.2. The Borough Council or its designee shall, within a reasonable time, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals as provided by N.J.S.A. 40:55D-53.2a. During the pendency of any appeal, the borough or approval agency shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or release of performance or maintenance guaranties, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this section. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the borough in the amount of any such disallowed charge.
§ 150-8.1 Required escrow deposits.
[Added 9-8-1998 by Ord. No. 457; amended 9-28-2009 by Ord. No. 567; 5-12-2025 by Ord. No. 769]
A.
Escrow deposits required for complete application. The required escrow deposits set forth below shall be paid at the time of filing an application for development, and no application shall be deemed complete until the required escrow deposit is paid. Any further escrow deposits required shall be paid no later than 20 days after the applicant is advised by the appropriate official that additional escrow funds are necessary. In the event that the applicant and the borough cannot agree on the amount of additional escrow deposit required, then and in that event, the applicant shall pay an amount necessary to increase the escrow fund to its original amount and shall contest such amount at a later time after the additional escrow funds are paid. In the event that the applicant does not promptly pay additional escrow funds within 20 days of receiving notice thereof, the Land Use Board or Borough Council may, at their sole discretion, refuse to take any further action with regard to pending applications or, in the alternative, may determine that the application is not complete. In the event that approvals have already been given to the applicant and the applicant has been advised of the need for additional escrow funds and fails to timely fund any additional escrows, any temporary, final or other approvals shall be suspended and, therefore, ineffective until such time as the additional escrow funds are deposited with the Chief Financial Officer.
Development Application | Required Escrow | |||
|---|---|---|---|---|
(1) Minor subdivision | $1,800 | |||
(2) Major subdivision, preliminary approval | ||||
Up to 30 lots (including any reserved parcel) | $5,000 plus $250 per lot | |||
In excess of 30 lots (including any reserved parcel) | $10,000 plus $250 per lot | |||
(a) Extension of preliminary approval | 20% of original escrow deposit | |||
(b) Substantial revision or additional review of preliminary approval | 100% of original escrow deposit | |||
(3) Major subdivision, final approval | 100% of original escrow deposit for preliminary approval | |||
(a) Extension of final approval | 20% of original escrow deposit | |||
(4) Site plan review | ||||
(a) Minor site plan | $1,800 | |||
[1] Development plan on a vacant tract of land which proposes construction of 1,000 square feet of floor area or less; or has provision for 10 parking spaces or fewer | $2,400 | |||
[2] Application to conduct a business use or home occupation within the property owner's residence or an accessory structure thereto | $500 | |||
[3] Accessory building located within a designated flood zone | $600 | |||
(b) Site plan, preliminary approval | ||||
[1] Commercial or industrial site plan | ||||
1,001 to 5,000 square feet of floor area | $5,000 escrow deposit | |||
5,001 to 10,000 square feet of floor area | $6,000 escrow deposit | |||
10,001 to 50,000 square feet of floor area | $8,000 escrow deposit | |||
50,001 to 100,000 square feet of floor area | $10,000 escrow deposit | |||
Over 100,000 square feet of floor area | $13,000 escrow deposit | |||
[2] Residential multifamily housing site plan | ||||
3 to 5 dwelling units | $3,000 escrow deposit | |||
6 to 15 dwelling units | $5,000 escrow deposit | |||
16 or more dwelling units | $7,000 escrow deposit | |||
[3] Building alteration, new construction | ||||
For the first 1,000 square feet of additional gross floor area | $1,000, plus $500 for each additional 1,000 square feet of floor area up to 3,000 square feet | |||
3,001 to 5,000 square feet of additional gross floor area | $5,000 | |||
5,001 to 10,000 square feet of additional gross floor area | $6,000 | |||
10,001 to 50,000 square feet of additional gross floor area | $8,000 | |||
50,001 to 100,000 square feet of additional gross floor area | $10,000 | |||
Over 100,000 square feet of additional gross floor area | $13,000 | |||
[4] Change of use to a new permitted use | $1,500 | |||
(c) Major plan, final approval | ||||
[1] Commercial or industrial site plan | ||||
1,001 to 5,000 square feet of floor area | $5,000 escrow deposit | |||
5,001 to 10,000 square feet of floor area | $6,000 escrow deposit | |||
10,001 to 50,000 square feet of floor area | $8,000 escrow deposit | |||
50,001 to 100,000 square feet of floor area | $10,000 escrow deposit | |||
Over 100,000 square feet of floor area | $13,000 escrow deposit | |||
[2] Residential multifamily housing site plan | ||||
3 to 5 dwelling units | $3,000 escrow deposit | |||
6 to 15 dwelling units | $5,000 escrow deposit | |||
16 or more dwelling units | $7,000 escrow deposit | |||
[3] Building alteration, new construction | ||||
For the first 1,000 square feet of additional gross floor area | $1,000 plus $500 for each additional 1,000 square feet of floor area up to 3,000 square feet | |||
3,001 to 5,000 square feet of additional gross floor area | $5,000 | |||
5,001 to 10,000 square feet of additional gross floor area | $6,000 | |||
10,001 to 50,000 square feet of additional gross floor area | $8,000 | |||
50,001 to 100,000 square feet of additional gross floor area | $10,000 | |||
Over 100,000 square feet of additional gross floor area | $13,000 | |||
[4] Change of use to a new permitted use | $1,500 | |||
(5) Single-and-two-unit dwellings on lots of record, drainage review | No escrow deposit | |||
(6) Applications for variances or interpretations (without site plan, or in addition to site plan) | ||||
(a) Applications under N.J.S.A. 40:55D-70a | $750 escrow deposit | |||
(b) Applications under N.J.S.A. 40:55D-70b | $750 escrow deposit | |||
(c) Applications under N.J.S.A. 40:55D-70c | $750 escrow deposit | |||
(d) Applications under N.J.S.A. 40:55D-70d | $750 escrow deposit | |||
(e) Any application for a variance pursuant to N.J.S.A. 40:55D-70d to permit a subdivision or site plan set forth in § 150-81A(2), (3) and (4) shall require payment of escrow deposits as follows: | ||||
[1] If the application for subdivision or site plan approval is submitted concurrently with the variance application, the dollar amount of the escrow required to be deposited shall be the sum of $750 plus a sum of money equivalent to the dollar amount set forth in the applicable provision or provisions of § 150-8.1A(1), (2), (3) or (4). | ||||
[2] If the application for subdivision or site plan approval is submitted separately, or at a different time, from the application for variance pursuant to N.J.S.A. 40:55D-70(d), two separate escrow deposits shall be required. The dollar amount of the escrow required to be deposited at the time of the variance application is submitted shall be the sum of $750 plus a sum of money equivalent to the dollar amount set forth in the applicable provision or provisions of § 150-8.1A(2), (3) or (4). The dollar amount of the escrow required to be deposited at the time the application for subdivision or site plan approval is submitted shall be equivalent to the sum set forth in the applicable provision or provisions of § 150-8.1A(2), (3) or (4). | ||||
B.
Escrow deposits required for inspection of improvements. Prior to the installation of any improvements to be installed pursuant to development approval granted by any borough approval agency, each applicant shall deposit with the Chief Financial Officer of the Borough of Buena an amount not to exceed the greater of $500 or 5% of the cost of improvements, which cost shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the Borough of Buena. For those developments for which the inspection fees are less than $10,000, fees may, at the option of the applicant, be paid in two installments. The initial amount deposited by an applicant shall be 50% of the inspection fee. When the balance on deposit drops to 10% of the inspection fee because the amount deposited by the applicant has been reduced by the amount paid to the Municipal Engineer for inspection, the applicant shall deposit the remaining 50% of the inspection fee. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the applicant, be paid in four installments. The initial amount deposited by an applicant shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the applicant has been reduced by the amount paid to the Municipal Engineer for inspection, the applicant shall make additional deposits of 25% of the inspection fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
§ 150-9 Exemption from payment of fee.
The following are exempt from payment of the initial review fee:
§ 150-9.1 Fees for tax map update.
[Added 12-13-2010 by Ord. No. 572]
A.
It is the purpose of this section to impose upon developers and subdivision applicants the costs incurred by the Borough of Buena in updating the municipal tax map as a result of the approval of various subdivisions or the creation of any new lots within Borough of Buena. Said costs are directly related to the subdivision procedure, and thereby the Borough of Buena determines that they should be borne by the developer/applicant for all said subdivisions.
B.
Each applicant and/or developer for any approval which results in the creation of any new lots, revision of any existing lots, and/or other alterations to the tax map shall be responsible for paying all reasonable charges incurred by the Borough of Buena in updating said tax map. These costs shall include, but not be limited to, revisions to existing tax map plates, creation/addition of new tax map plates, appropriate revisions to the key map(s), reprographic services for applicable municipal, county and state submission copies, as well as any reasonable shipping and handling fees involved.
C.
Once final subdivision and/or new lot approval has been received, an escrow account shall be established by the applicant and maintained by the Borough of Buena for the express purpose of maintaining the tax map. The escrow amount shall be established by the Land Use Board in the approved resolution. No construction permit shall be issued until said costs are posted with the Borough of Buena, as outlined below:
(1)
Minor subdivision, original parcel under one acre, no easements: $50 for remainder lot plus $50 per each new lot created.
(2)
Minor subdivision, original parcel over one acre, no easements: $75 for remainder lot plus $75 per each new lot created.
(3)
Easements: $75 per easement.
(4)
Major subdivision, no new street, no easements: $70 for remainder lot plus $70 per each lot created. Easements: $50 per easement.
(5)
Major subdivision, one new street created: $70 per lot for the first four lots plus $50 per lot beginning with the fifth lot, up to the 20th lot. Additional fees for easements, more than one new street, and more than 20 lots, $50 per additional item.
D.
If any portion of the escrow account remains unused following the appropriate revision to the tax map, it shall be refunded to the applicant.
E.
In the event that any application for development is denied and the application is no longer pending before the respective Board, then any portion of the aforementioned fee which has not been expended by the Borough for maintaining the tax map shall be refunded to the applicant.
F.
In addition to the maintenance fees noted, each approved applicant must supply a map of the new subdivision or new lot in a scale suitable for inclusion on the Borough of Buena tax map. Said map can be submitted in electronic or hardcopy formats, and must be compliant with current New Jersey Map Filing Law guidelines (N.J.S.A. 46-23.1).
G.
This section shall take effect after final approval and publication as provided by law.
§ 150-10 Meetings.
A.
The Board shall fix the time and place for holding regular meetings.
B.
Regular meetings shall be held once a month unless canceled for lack of applications.
C.
Special meetings may be called by the Chairman or at the request of two members of the Board.
D.
No action shall be taken at any meeting without a quorum being present (that is a majority of the full authorized membership of the Board or Committee having power to act).
E.
All actions shall be taken by a majority vote of the members present, unless required otherwise by N.J.S.A. 40:55D-9.
F.
All regular and special meetings shall be open to the public. An executive session for the purpose of discussion and study shall not be deemed a regular or special meeting.
G.
Minutes shall be kept of every regular and special meeting and shall be made available for public inspection or used as evidence in a legal proceeding. A reasonable fee for a copy of the minutes may be charged.
§ 150-11 Hearings.
A.
The Planning Board shall hold a hearing on each application for development and on the adoption, revision or amendment to the Master Plan.
B.
The Planning Board shall make the rules governing such hearings. The subject maps and documents shall be available for public inspection at least 10 days before the date of the hearing.
C.
The officer presiding shall have power to administer oaths and issue subpoenas.
D.
The testimony of all witnesses shall be taken under oath, and the right of cross-examination shall be permitted to all interested parties, subject to the discretion of the presiding officer.
E.
Technical rules of evidence shall not apply, but the Board may exclude irrelevant and unduly repetitious evidence.
F.
Verbatim recording of the proceedings shall be provided. Transcripts or duplicate recordings shall be provided on request to any interested party at his expense. Such charge shall not exceed the maximum permitted in N.J.S.A. 2B:7-4. Said transcript shall be certified in writing.
H.
A copy of the Board's decision shall be mailed to the applicant or his attorney within 10 days.
I.
A brief notice of the decision shall be published in the newspaper of general circulation.
J.
A copy of the decision shall also be filed with the Borough Clerk.
§ 150-12 Informal review of concept plan for development.
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. Any fees for such an informal review shall be a credit toward fees for review of the application for development. Neither the Planning Board nor the developer shall be bound by such review.
§ 150-13 Vote by Planning Board member absent from hearing.
A member who was absent from one or more meetings at which a hearing was held shall be eligible to vote, provided that such member has read the transcript or listened to the recording and so certifies in writing.
§ 150-14 Completion of application for development; waiver of requirements for submission.
A.
No application for development shall be deemed complete unless:
[Added 9-8-1998 by Ord. No. 457]
(1)
Real estate taxes on the property which is the subject of an application for development have been paid as verified by a certificate from the Tax Collector.
(3)
If the property which is the subject of the development application is located in any Pinelands area within the Borough of Buena, the development application shall only be deemed complete upon the production of a certificate of filing from the Pinelands Commission.
B.
An application shall be deemed complete when so certified by the board, for the purpose of commencing the applicable time period for action, provided that the requirements of Subsection A of this section had been met.
[Amended 9-8-1998 by Ord. No. 457]
C.
If the Board does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete unless:
[Amended 9-8-1998 by Ord. No. 457]
D.
The applicant shall prove he is entitled to approval of the application.
E.
The Board may require the correction of information and the submission of additional information not specified herein or revisions which are reasonably needed to make an informed decision as to whether the requirements necessary for approval of the application have been met.
§ 150-15 Failure of Board to act within allowed time.
A.
The applicant shall provide notice of the default to all entitled to notice on the application for development by personal service or certified mail.
B.
The applicant shall arrange publication of the notice of default in the official borough newspaper.
C.
The applicant shall file proof of service and publication as provided by law.
§ 150-16 Contents of notice of hearing on application for development or adoption of Master Plan.
Notices shall state the date, time and place of the hearing, the nature of the matters to be considered, identification by address or by lot and block numbers of the land under review and that the relevant maps and documents are available for public review.
§ 150-17 Notice of application.
A.
Notices under this section shall be given at least 10 days prior to the date of hearing.
(1)
(2)
Notice of a hearing requiring public notice shall be given to all property owners located within 200 feet of the subject property as required by law.
(3)
Upon written request, the Assessor shall prepare a certified list of property owners within seven days.
(4)
Notice shall be given to the Clerk of an adjoining municipality for development located within 200 feet of said municipality.
(5)
Notice shall be given to the County Planning Board for development adjacent to an existing county road or to proposed road shown on the Official County Map or County Master Plan or for development adjoining county lands or development within 200 feet of a municipal boundary.
(6)
Notice shall be given to the Commissioner of Transportation on an application for development of property adjacent to a state highway.
(7)
Notice shall be given to the State Planning Commission for the development of property which exceeds 150 acres or 500 dwelling units and shall include a copy of any maps or documents required to be on file.
(8)
An affidavit of proof of service shall be filed with the Planning Board by the applicant.
B.
Notice shall be by personal service or by certified mail.
§ 150-18 Notice concerning Master Plan.
The Planning Board shall give, at least 10 days prior to the date of a hearing:
A.
Public notice on the adoption, revision or amendment of the Master Plan.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality when property within 200 feet of such municipality is involved.
C.
Notice by personal service or certified mail to the County Planning Board, including a copy of proposals to be heard. Notice shall also be sent to the county within 30 days of the adoption of proposals, including a copy as adopted.
§ 150-19 Effect of mailing notice.
§ 150-20 Notices of hearing and action on ordinance, capital improvement program or Official Map.
A.
Notice by personal service or certified mail shall be made to an adjoining municipality of all hearings or adoption, revision or amendment of a development regulation involving property situated within 200 feet of such municipality, at least 10 days prior to hearing.
C.
All notices shall include a copy of the proposed development regulation, the Official Map or the capital improvement program, or any proposed revision thereto, as the case may be.
D.
Notices shall state the date, time and place and the nature of matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
§ 150-21 Filing of ordinances.
A.
Development regulations, except for the Official Map, shall not take effect until a copy is filed with the County Planning Board.
B.
A zoning ordinance, or amendment or revision, which is inconsistent with the land use element of the Master Plan shall not take effect until a copy of the required resolution has been filed with the County Planning Board.
C.
The Official Map shall not take effect until it is filed with the county recorder.
D.
All copies of development regulations, reviews or amendments shall be filed and maintained by the Borough Clerk.
§ 150-22 Enforcement; additional requirements for development approval; notice of deficiencies; issuance of certificate of occupancy.
[Amended 12-18-1995 by Ord. No. 431]
A.
The governing body of Buena Borough shall enforce the provisions of this chapter and the New Jersey Municipal Land Use Law[1] on which it is based. In the event of any violations of this chapter and the Municipal Land Use Law, the proper local authorities or any interested parties, in addition to other remedies, may institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation to prevent the occupancy of said unlawful construction or land use or to prevent any illegal act, conduct, business or use in or about such premises.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In order to ensure that site improvements which are required as a condition of developmental approval granted by the Planning Board or Zoning Board of the Borough of Buena are installed by the applicant or landowner, the following additional requirements are hereby imposed in connection with all development approvals granted by the Planning Board or Zoning Board of the Borough of Buena:
(1)
The engineer, architect or land surveyor, as permitted by statute, or, where applicable, the applicant for any development approval who prepares and certifies the accuracy of site plans which are submitted to the Planning or Zoning Board in conjunction with any development approval shall also be required to inspect the site after construction of the approved development and certify that all conditions imposed by the Planning Board or Zoning Board have been met and that all improvements required by the approved site plan have been properly installed in accordance with proper engineering or architectural standards.
(2)
The certification aforesaid, once received by the Planning or Zoning Board, shall be submitted to the engineer who advises the Planning Board and/or Zoning Board for review and approval and shall also be submitted to the Construction Official of the Borough of Buena for his information and for the information of the appropriate subcode official who is responsible for site inspection prior to the issuance of a certificate of occupancy.
C.
In order to ensure that adequate fees for review and inspection of site improvements are available for review and inspection of site developments by the Zoning or Planning Board engineer, the Planning Board or Zoning Board shall, upon imposing development conditions, require the owner or applicant to deposit with the borough, pursuant to §§ 150-7 and 150-65, such additional fees as may be necessary for review and inspection of site improvements by the engineer advising the Planning or Zoning Board so that sufficient fees will be available after installation and certification by the owner or applicant's engineer, architect or land surveyor to verify that all such improvements have been installed in accordance with proper engineering or architectural standards and in accordance with the perfected site plan which was approved by the Planning or Zoning Board.
D.
In the event that the engineer advising the Zoning Board or Planning Board determines that some or all of the conditions imposed by the Planning or Zoning Board for site improvements have not been installed in accordance with the final approved plan or in accordance with accepted engineering or architectural standards, said engineer shall notify the owner or applicant of such failure, outlining the deficiencies which must be corrected for approval of such site improvements.
E.
No certificate of occupancy shall be issued to the owner or applicant of any property until the Construction Official or appropriate subcode official has received the following:
(1)
A certification from an architect, engineer, surveyor or other appropriate person, as provided by statute, verifying that site improvements or conditions which have been imposed as a condition of development approval by the Planning Board or Zoning Board have been installed by the applicant or owner in accordance with accepted engineering or architectural standards and in accordance with the site plan approved by the Planning or Zoning Board.
(2)
A certification or approval by the engineer advising the Zoning or Planning Board confirming that he or she has inspected and approved the certification aforesaid or, if such engineer deems necessary, verifying that he or she has inspected the improvements actually installed.
§ 150-23 Appeal or petition in certain cases to the Board of Public Utility Commissioners.
If a public utility is aggrieved by the action of a Buena Borough agency exercising its powers under this chapter, said utility may appeal to the New Jersey Board of Public Utility Commissioners within 35 days after such action without appeal to the governing body, unless the utility so chooses, as provided under N.J.S.A. 40:55D-19.
§ 150-24 Exclusive authority of Planning Board and Board of Adjustment.
§ 150-25 Tolling of running of period of approval.
If, during the period of approval, the developer is barred or prevented from proceeding by a legal action or order and the developer is otherwise ready to proceed with the development, the running of the period of approval shall be suspended for the time said legal action is pending or such court order is in effect.
§ 150-26 Conditional approvals subject to pending legal action or other agency approvals.
A.
Approved application pending legal action. The Planning Board shall process the application and grant approval, if it complies with the provisions of this chapter, conditioned on the removal of such legal barrier to development.
B.
Approved application requiring other agency approval. The Planning Board shall condition its approval upon the subsequent approval of such other governmental agency, provided that the other agency acts within the time and under the specifics of this chapter and/or applicable New Jersey statutes.