A.

Short Title. The short form by which these chapters may be known and be cited is "The Land Development Ordinance of the Township of East Greenwich."

B.

Scope. The land use and development chapters, Chapters 16.02 through 16.86, are intended to be a comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures; regulating and restricting the area of yards and other open spaces; regulating and restricting the density of population; sectioning the township into districts for such purposes as provided on the adopted zoning map of the township showing boundaries and the classification of such districts; establishing rules, regulations and standards governing the subdivision and development of land within the township; establishing a planning board; and prescribing penalties for the violation of its provisions.

(Ord. 23-2007 § 2: prior code § 12-1)

These land use and development chapters, Chapters 16.02 through 16.86, are adopted pursuant to R.S. 40:55D-1, et seq., in order to promote and protect the public health, safety, morals and general welfare of the inhabitants of East Greenwich Township, and in terms of more specific objectives:

A.

To secure safety from fire, flood, panic and other natural and manmade disasters;

B.

To provide adequate light, air and open space;

C.

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;

D.

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;

E.

To encourage an appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

F.

To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational and commercial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;

G.

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which would result in congestion or blight;

H.

To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

I.

To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of the land;

J.

To encourage planned development which will incorporate the best features of design and relate the type, design and layout of residential, commercial and recreational development;

K.

To encourage varied housing construction to meet the present and future needs of East Greenwich Township, neighboring municipalities, the county and the state as a whole;

L.

To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;

M.

To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

(Prior code § 12-2)

For the purpose of these land use and development chapters, certain terms, words and/or phrases are herein described as follows:

Any word or item not defined herein shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged, or latest edition.

Whenever a term is used in these land use and development chapters which is defined in R.S. 40:55D-1, et seq., such term is intended to have the meaning as defined in such statute, unless specified to the contrary.

"Accessory use" A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. An accessory use must be limited in area and scope to prevent it from becoming the principal use.

"Accessory structure" A structure that is customarily associated with and subordinate and incidental to the principal building or use on a lot. An accessory structure must be located on the same lot as the principal structure. Accessory structures include, but are not limited to detached garages, carports, barns, decks, sheds, non-portable swimming pools, guest houses, accessory renewable energy facilities, and all roofed structures.

"Administrative officer" means the chairperson of the environmental commission or his designee.

"Aesthetic improvement cut" means the removal, to the minimum extent possible, of the smallest and poorest trees so as to permit land development while retaining the maximum number of larger and healthier trees.

"Alterations" or "additions" as applied to a building or a structure, means any change, addition or rearrangement to the supporting members of the structure or existing facilities, whether by extension of sides, by altering height or by movement from one location or position to another.

"Apartment" means a room or suite of rooms in a multiple dwelling intended to be designed for use as a residence for a single family.

"Applicant" means a developer, landowner or person with an enforceable proprietary interest submitting an application for development.

"Application for deve1oprnent" means the application form and all accompanying documents required by these chapters for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to these chapters.

"Approving authority" means the planning board, or other board, agency or official designated by these chapters and when acting pursuant to the authority of these chapters.

Automobile Wrecking. See "Junkyard."

Basement. See "Cellar."

"Bedroom" means a room planned or used primarily for sleeping.

"Billboard" means any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies.

Board of Adjustment. See "Zoning board of adjustment."

"Buffer" means a strip of land containing natural woodlands, earth mounds and/or planted screening material and separating one kind of land use or one property from another.

"Building" means any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls intended for the shelter, business, housing or enclosing of persons, animals or property. The word building also includes the words structure, dwelling or residence.

"Building area" means the area included within surrounding exterior walls, or exterior walls and fire walls, exclusive of vent shafts, courts, cornices, eaves and gutters. Areas of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or floor above.

"Building coverage" means the square footage or other area of measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the foundations, and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.

"Building height" means the vertical measurement from the finished grade of the ground abutting the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, elevator penthouses, tanks and similar projections of the building and structures supporting utility or transmission facilities shall not be included in calculating the height. Chimneys may extend three feet beyond the permitted building height and flagpoles may extend ten (10) feet beyond the permitted building height. Where the zoning code provides for height limitations by reference to a specified height and specified number of stories, the intent is to limit height to the specified number of feet or stories, whichever is less.

"Building line" means the line parallel to the street line at a distance therefrom equal to the depth of the required front yard. A building shall not extend beyond this line, except as otherwise allowed by these chapters.

"Building permit" means a certificate issued by the construction code official authorizing construction which certifies that the site plan has been approved by the appropriate governing authority and that all construction plans have met the requirements of the State Uniform Construction Code.

"Cartway" means the hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.

"Cellar" means that portion of a building which is partly or completely below grade and having at least one-half its height below the grade. See also "Story" and "Basement."

"Certificate of use and occupancy" means the certificate issued by the construction code official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit.

"Change of use" means an alteration to a heretofore existing building from one type of use group to a new use group which imposes provisions of law governing building construction, equipment or means of egress, and which provisions are special to the form of the use proposed.

"Clear-cutting" means the removal of all standing trees on a lot or portion of a lot.

"Commercial premises" means a building or buildings, or any part thereof, and the lot or tract of land upon which the building or buildings are situated where commercial, general business, industrial, manufacturing, professional office activity or any nonresidential use takes place and is permitted by the provisions of Chapters 17.56 through 17.86, Zoning.

"Commercial solar energy operations" or "facilities" means a solar energy system which exists as a principal use to generate electricity, heat water, and/or produce hot air for use on-site, by sites contiguous to the site; and/or off-site with electricity delivered by distribution and/or transmission lines.

"Common property" means a parcel or parcels of land, an area of water or a combination of land and water, together with the ownership, use or enjoyment of the residents and owners of the development or other lawfully designated entity. Common property may contain such complimentary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

"Complete application" means an application form completed as specified by these chapters and the rules and regulations of the approving board, and all accompanying documents required by these chapters for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, and the pertinent completed checklist, as provided by Section 16.16.060; provided, that the board may require such additional information not specified in these chapters, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information, or any revisions in the accompanying documents, so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in these chapters and in the rules and regulations of the board, and shall be deemed complete as of the day it is so certified by the appointed responsible person of the township for purposes of the commencement of the time period for action by the board.

"Conditional use" means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operations of such use as specified in these chapters.

"Conservation and open space alternative plan" means a plan of development that arranges the layout of building lots for single-family detached homes in an area of the site so as to reserve a portion of the site for open space, agriculture production, or to protect sensitive environmental features.

"County" means the County of Gloucester, unless otherwise specified.

"County master plan" means a composite of the master plan for the physical development of Gloucester County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S. 40:27-2 and 40:27-4, or their successor statutes.

"County planning board" means the Gloucester County Planning Board, as defined and organized pursuant to R.S. 40:27-6.1.

Coverage, Building. See "Building coverage."

Coverage, Lot. See "Lot coverage."

"Critical area" means areas which are located within three hundred (300) feet of both edges of a stream; areas within the one-hundred-year floodplain as defined by the Federal Emergency Management Agency (FEMA); and areas defined as wetlands and their respective transition buffers by the New Jersey Department of Environmental Protection; areas as identified on the township's zoning map as within the environmental overlay district.

"Crown" means the branches and foliage of a tree; the upper portion of a tree.

"Density, gross" means the total number of units in the proposed development divided by the total number of acres of the proposed development site.

Density, Net. "Net density" means the total number of dwelling units in a proposed development divided by the total number of acres of the proposed development site exclusive of streets, commercial uses, industrial uses and land to be dedicated to a public agency or government.

"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchased or other person having an enforceable proprietary interest in such land.

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to these chapters.

"Development regulation" means these land use and development chapters, together with the official map and any other township regulation for the use and development of land.

"Diameter" means the length of an imaginary line through the center of a tree from one side to the other.

"District" means a portion of the territory of the township within which certain regulations and requirements, or various combinations thereof, apply.

"Disturbance zone" means that portion of a lot covered by existing or proposed buildings, structures or improvements and within a certain distance around the same as noted below:

A.

House or building: twelve (12) feet (averaged around all sides).

B.

Garage: eight feet.

C.

Pool/apron: twelve (12) feet.

D.

Driveway/sidewalk: five feet.

E.

Septic fields: ten (10) feet.

F.

Underground utility: five feet.

G.

Paved parking/drive aisle: five feet.

H.

Shed: five feet.

I.

Improvement (other): five feet.

"Drainage" means 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 and after construction or development, means necessary for water supply preservation or prevention or alleviation of flooding.

"Dripline" means the perimeter line on the ground measured from the outermost edge of the vertical plane established by the branches of the tree.

"Dwelling" means any structure or portion thereof, which is designed or used for residential purposes, including one-family, two-family and multiple dwellings, but not including motels, hotels, lodging houses, boarding houses or tourist homes.

Dwelling Types.

1.

"Garden apartment" means a dwelling unit in a structure of three or more dwelling units, each sharing vertical and horizontal common or party walls.

2.

"Single-family detached" means a freestanding dwelling unit which has no common or party walls with other dwellings or dwelling units or an adjacent building.

3.

Two-Family Dwellings.

a.

"Duplex" means a building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent dwelling.

b.

"Twin" means a building designed for and occupied exclusively as a residence for only one family, applied to one of two houses which are detached from other buildings and joined together by a single party wall.

c.

"Townhouse" means a dwelling unit in a structure containing three or more dwelling units, each sharing two vertical common or party walls, except that the end units have a single common or party wall.

"Dwelling unit" means any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by a single housekeeping unit.

"Easement" means a use or burden imposed on real estate, or other legal means to permit the use of land by the township, the public, a corporation or particular persons for specific uses.

"Facades" means the total wall surface, including door and window areas, of a building's principal face. In the case of a corner building which fronts on more than one street, only one face shall be used to calculate the facade area.

"Family" means any number of persons, related or not, living and cooking together as a single housekeeping unit.

Family, Immediate. "Immediate family" means those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles and first cousins.

"Farm, accessory uses" means buildings incidental to farms such as barns and packing, grading and storage buildings for produce raised on the premises, fences, buildings for keeping of poultry and livestock, and garages for the keeping of trucks and other equipment used in farm operations.

"Farm building" means any building used for the housing of agricultural equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and is necessary to the operation of a farm.

"Farm, principal uses" means a lot of at least five acres used for the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce, except that commercial piggeries are prohibited.

"Final approval" means the official action of the approving board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approved conditioned upon the posting of such guarantees.

"Flood fringe" means that portion of the flood hazard area outside of the floodway.

"Flood hazard area" means the floodway and relative flat areas adjoining the floodway which has been or may be hereafter covered by floodwater and which area, the improper development and general use of such area, would constitute a threat to the public's safety, health and general welfare. The flood hazard area shall constitute the total area inundated by the flood hazard design flood.

"Floodplain" means the general, flat terrain adjacent to streams, ponds, lakes or swamps subject to periodic flooding.

"Floodway" means the channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater, flood flow or any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.

"Floor area" means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of a wall separating two buildings.

Floor Area, Net. "Net floor area" shall be the actual occupied areas not including accessory unoccupied areas or thickness of walls.

"Forester, professional" means a person who has a B.S. degree from a four-year school of forestry accredited by the Society of American Foresters.

Garage, Private. "Private garage" means a building or space used for storing motor vehicles as an accessory to the main building and in which no occupation, business or service for profit is carried on.

Garage, Public. "Public garage" means a building, or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories or in which any such vehicles are kept for hire.

Gasoline Filling Stations. See "Service station."

"Habitat" means the natural environment of an individual animal or plant, population or community.

"Historic resource" means any site, building, area, structure or object significant in American history, architecture, archaeology and culture at the national, state, county, local or regional level.

"Historic site" means any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation.

"Home occupation" means an occupation including, but not limited to, any licensed profession conducted in a dwelling unit subordinate to its residential use, provided that:

1.

Such occupation may be pursued in the principal dwelling unit structure or in a secondary building which is accessory to such principal building structure;

2.

The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the net habitable floor area of all structures, or seven hundred (700) square feet, whichever is less, shall be used in the conduct of the home occupation;

3.

No person other than members of the household residing on the premises plus one secretary or other assistant shall be engaged in the occupation;

4.

The residential character of the lot and building shall not be changed; no retail sales shall be permitted; no occupational sounds shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences;

5.

There shall be no exterior evidence of the home occupation other than one unlighted name plate identifying the home occupation, not exceeding four square feet in area, either attached or freestanding, and set back at least fifteen (15) feet from all street rights-of-way and property lines;

6.

The home occupation shall not generate vehicular traffic in excess of two passenger automobiles, which must be parked off-street.

"Hotels and motels" means a building, or group of buildings, consisting of individual sleeping units designed for transient travelers and not for permanent residency, except that up to three percent of the total units may be provided for the sole use of resident employees.

"Housekeeping units" means one or more persons living together in one dwelling on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

"Immediate family" means those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles and first cousins.

"Impermeable surface" means any surface which does not permit fluids to pass through or penetrate its pores or spaces.

Industrial.

1.

"General industrial uses" means all industrial uses, including all light industrial uses.

2.

"Light industrial uses" means manufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales storage and distribution, including facilities for bulk storage; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.

"In-law suite" means a self-contained living area within the interior of a single-family dwelling unit occupied by an immediate family member of the property owners who live in the principal unit of the single-family residence.

"Institutional use" means any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary, 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 a hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities and other similar facilities.

"Junkyard" or "salvage yard" means any area or structure used or intended to be used for conducting and operating 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; or any lot of land on which junk is placed, collected, stored or kept.

Junkyard, Motor Vehicle. "Motor vehicle junkyard" means any business or any place of storage or deposit on property in the township of two or more unregistered motor vehicles, or two or more automobiles which, in the opinion of the township committee, are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or materials, in the opinion of the township, shall be equal in bulk to two or more motor vehicles.

Junkyard, Used Building Material. "Used building material junkyard" means any person who purchases, obtains or sells any used lumber or any other type of used materials.

Junkyard, Used Rags, Glass, Paper and Scrap Metal. "Used rags, glass, paper and scrap metal junkyard" means any person who purchases, obtains or sells any old discarded or unused waste iron or other metal or substance, glass, paper, or rags.

"Landmark tree" means any tree with a diameter of thirty (30) inches or greater.

"Landscape architect" means a person certified as a landscape architect by the state.

"Landscaper" means an individual who has been gainfully employed for a period of at least five years in a position involving the care and planting of trees.

"Landscaping" means the installation of plant material or seed, including berms, as part of a development.

"Loading space" means an off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

"Lot" means any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for purposes of these chapters, contiguous undersized lots under one ownership shall be considered one lot and, further, that no portion of an existing public street shall be included in calculating a lot boundary or lot area. The word lot shall also include the words "plot" and "premises".

"Lot area" means the area contained within lot lines, but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in accordance with the township official map, when adopted, shall be the minimum area required for the district in which it is located, plus the additional area needed to anticipate the ultimate widening of the street.

Lot, Corner. "Corner lot" means a lot with at least two adjacent sides abutting upon intersecting streets or other public spaces.

"Lot coverage" means the square footage or other area of measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of lot coverage.

"Lot depth" means the shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.

"Lot frontage" means a lot line, or portion thereof, which is coexistent with a street line. In the case of a street of undefined width, the lot line shall be assumed to parallel the centerline of the street at a distance twenty-five (25) feet therefrom. In the case of corner lots, the smaller of the two or more lot lines coexistent with street lines shall be considered as the frontage.

Lot, Interior. "Interior lot" means a lot which faces on one street or with opposite sides on two streets, and any other lot which is not a corner lot.

"Lot line" means a line dividing one lot from another or from a street or any public space.

Lot Line, Interior. "Interior lot line" means any lot line other than one adjoining a street or public space.

"Lot width" means the distance between the side lot lines measured at the minimum required building setback from the street line. Lot width measurements shall be the same as the frontage requirement.

"Maintenance bond" means any security acceptable to the township committee to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with these chapters.

"Maintenance guarantee" means any security which may be accepted by the township for the maintenance of any improvements required by these chapters, and as set forth in these chapters.

Major Site Plan. See "Site Plan, Major."

Major Subdivision. See "Subdivision, Major."

"Manufacturing" means the processing and converting of raw, unfinished or finished materials or products, or any of these, into an article of substance of different character, for use for a different character, or for use for a different purpose; also industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.

Master Plan, Township. "Township Master Plan" means a composite of one or more written or graphic proposals for the development of the township which shall have been adopted by the planning board.

"Migrant worker housing" means one or more buildings or structures used as living quarters by seasonal, temporary or migrant farm workers in connection with any work or place where work is being performed, whether or not rent is paid or reserved in connection with the use or occupancy of the premises.

Minor Site Plan. See "Site Plan, Minor."

Minor Subdivision. See "Subdivision, Minor."

"Mobilehome" means a structure or vehicle which is designed to be used as living quarters and contains plumbing and electrical connections for attachment to outside systems; and is designed for transportation after fabrication on streets or highways on its own wheels and upon delivery to the site is ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary foundations, connections to utilities and the like.

"Municipal agency" means the township planning board, or the township committee, when acting pursuant to these chapters or the Municipal Land Use Act, R.S. 40:55D-l, et seq., and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the above.

"Nonconforming building" means a building legally existing at the effective date of these chapters (May, 1987) which does not conform with the regulations of these chapters applicable to the district in which the building is located.

"Nonconforming lot" means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of these chapters, which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of these chapters, 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.

"Nonspecimen tree" means any tree with a diameter less than sixteen (16) inches, but at least six inches.

"Occupancy" means the specific purpose for which land or a building is used, designed or maintained.

"Official county map" means the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Gloucester County pursuant to R.S. 40:27-5.

"Off-site" means located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or on a contiguous portion of a street or right-of-way.

"Off-tract" means not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

"On-site" means located on the lot in question.

"On-tract" means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

"Open space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided; that such areas may be improved with only those buildings, structures, streets or off-street parking or other improvements that are designed to be incidental to the natural openness of the land.

"Or." The word "or" shall include the word "and" unless indicated by text or context as providing for only one.

"Owner" means any individual, firm, association, syndicate, co-partnership, corporation or trust having sufficient proprietary interest in the land to be developed in order to commence and maintain proceedings to subdivide the same under these chapters.

"Parcel" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designed by its owner as land to be used as a unit.

"Parking Lot, Commercial." "Commercial parking lot" means any lot or area other than a street which is devoted to the parking of automobiles, available for public use whether in return for a fee or as an accommodation for clients or customers, and which is not directly operated by and on behalf of the use permitted in the zone in which located.

"Parking space" means an open space or garage, on a lot, used for parking motor vehicles to which there is access from a street.

"Parking Structure, Open." "Open parking structure" means a structure for the parking of passenger cars wherein two or more sides of such structure are not less than fifty (50) percent open on each floor or level for fifty (50) percent of the distance from the floor to the ceiling and wherein provision for the repairing of such vehicles is not made. Such open parking structures shall not be classified as public garages, but shall comply with the requirements of township ordinance.

"Party wall" means a fire wall on an interior lot line used or adapted for joint service between two buildings.

"Performance guarantee" means any security in accordance with the requirements of these chapters which may be accepted in lieu of a requirement that certain improvements be made before the township approves a plat, including cash provided that the township shall not require more than ten (10) percent of the total performance guarantee in cash, performance bonds, escrow agreements, letters of credit and other similar collateral or surety agreements.

"Permit" means an official document or certificate issued by the authority having jurisdiction and authorizing performance of a specified activity.

"Permitted use" means any use of land or buildings as permitted by these chapters.

"Person" means any individual, person, association, company, corporation or similar group.

"Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

"Planned industrial development" means a contiguous area to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by these chapters.

"Planned unit development" means an area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential development and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in these chapters.

"Planned unit residential development" means an area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters which may include appropriate commercial, public or quasi-public uses all primarily for the benefit of the residential development.

"Planning board" means the township planning board established by Chapter 16.08 pursuant to R.S. 40:55D-23.

"Planning district" means an area with a specified minimum contiguous acreage to be reviewed by the planning board for the purpose of evaluating potential interconnections and interrelationships between parcels.

"Preliminary approval" means the conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the approving board and the applicant and after the application has proceeded in accordance with these chapters.

"Preliminary floor plans and elevations" means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

"Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated.

"Principal use" means the main purpose for which a lot or building is used.

"Public areas" means:

1.

Public parks, playgrounds, trails, paths and other recreational areas;

2.

Other public open spaces;

3.

Scenic and historic sites;

4.

Sites for schools and other public buildings and structures.

"Public open space" means an open space area conveyed or otherwise dedicated to the township, a township agency, the board of education, state or county agency or other public body for recreational or conservation or other public use.

"Public purpose use" means the use of land or buildings by the township committee or any officially created authority or agency thereof.

"Public services" means sewer service, gas, electricity, water, telephone, television and other public utilities; roads, streets and other similar services provided or maintained by any public or private entity.

"Quorum" means the majority of the full authorized membership of a township agency.

"Renewable energy facility" means a facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies or wind energy.

"Residential cluster" means an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

"Residential density" means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

"Restaurant" means any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.

"Restaurant, Drive-In." "Drive-in restaurant" means any restaurant, refreshment stand, snack bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises, whether brought to such automobiles by the customers or employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such drive-in restaurant stands are specifically prohibited in all districts.

"Resubdivision" means:

1.

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

2.

The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

"Reverse frontage" means access to lots fronting on a major road from an accessory street, rather than a collector street.

"Right-of-way" means the total width and length of the course of a street, watercourse, utility alignment or other way, and within which all improvements and right of access are confined.

"Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades of a wind powered energy generator.

"Sedimentation" means the deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.

"Selective cutting" means the removal of larger trees on an individual basis while leaving trees of a lesser size.

"Sensitive environmental features" means, but is not limited to, the area of the site that includes freshwater wetlands and submerged areas including ponds, lakes, stream and creeks, the one hundred-year floodplain, trees with a caliper of eight inches or greater, native plant species including, but not limited to, holly and laurel, and slopes in excess of fifteen (15) percent.

"Service station" means lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.

"Setback line" means a line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

"Sight triangle easement at intersection and/or driveway" means a triangular shaped area established in accordance with the requirements of these chapters in which nothing shall be erected, placed, planted or allowed to grow more than two feet above the centerline grade of either street and/or driveway.

"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organization; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

"Sign, Area of." "Area of sign" means the area included within the frame or edge of the sign, including all lettering, wording, coloring and accompanying designs and symbols together with the background whether open or closed. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines the sign. The supporting framework and bracketing incidental to the display shall not be included.

"Site coverage" means the percentage of the gross site area covered by roads, paving, structures or other impervious coverage.

"Site plan" means a development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to these chapters as to a site plan.

"Site Plan, Major." "Major site plan" means any development plan not classified as a minor site plan.

"Site Plan, Minor." "Minor site plan" means any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign, home occupation or off-street parking area, as such accessory uses are specifically permitted in Chapters 16.56 through 16.86, Zoning, or any development plan consisting of an expansion of or addition to an existing conforming structure and use not exempted from site plan review by Section 16.14.080 and not accounting for more than twenty-five (25) percent additional building coverage and not exceeding ten thousand (10,000) cubic feet of enclosed and roofed area; provided, that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or premise.

"Sketch plan" means an informal plan for preliminary discussion with the planning board, not required but recommended, and not constituting the beginning of the time period prescribed by law for the review and approval process.

"Small wind energy system" shall mean a wind energy system that is used to generate electricity, has a nameplate capacity of one hundred (100) kilowatts or less, and is as high as necessary to capture the wind energy resource, but at a maximum of one hundred fifty (150) feet in height.

"Solar energy" means the radiant energy received from the sun which through photovoltaic technologies or other solar technologies is used to produce electricity.

Solar or photovoltaic energy system" means a solar energy system and all associated equipment which converts solar energy into electricity, heats water, and/or produces hot or compressed air.

"Solar panels, solar cells and photovoltaic cells" mean equipment containing one or more receptive cells or other devices mounted on arrays, rooftops or other structures and utilizing solar technologies for the conversion of solar energy into electricity, to heat water, and/or to produce hot or compressed air.

"Specimen tree" means any tree with a diameter of at least sixteen (16) inches, but less than thirty (30) inches.

"Standards of performance" means:

1.

Standards adopted by R.S. 40:55D-65D regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the township; or

2.

Required by applicable federal or state laws or other township ordinances.

"Story" means that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

"Story, First." "First story" means the lowermost story entirely above the grade plane.

"Street" means any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is:

1.

An existing state, county or township roadway;

2.

Shown upon a plat heretofore approved pursuant to law;

3.

Approved by official action as provided by this act; or

4.

Shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of the planning board and the grant to such board of the power to review plats; and to which includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

"Street line" means the edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted master plan or official map, when adopted, forming the dividing line between the street and a lot. In the case of a street of undefined width, such street line shall be assumed to parallel the centerline of the street at a minimum distance of twenty-five (25) feet therefrom.

"Street lot line" means the lot line dividing a lot from a street or other public space.

"Structural alterations" means 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.

"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land.

"Subdivider" means any individual, firm, association, syndicate, partnership, copartnership, corporation trust or any legal entity commencing proceedings under these chapters to effect a subdivision of land hereunder for himself/herself or for another with the written consent of the owner.

"Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of these chapters, if no new streets are created:

1.

Divisions of land found by the planning board to be for agricultural purposes where all resulting parcels are five acres or larger in size;

2.

Divisions of property by testamentary or intestate provisions;

3.

Division of property upon court order, including, but not limited to, court or judgments of foreclosure;

4.

Consolidation of existing lots by deed or other recorded instrument;

5.

The conveyance of one or more adjoining lot, tracts or parcels of land, owned by the same person or persons and all of which are found and certified to conform to the requirements of these chapters and are shown and designed as separate lots, tracts or parcels on the tax map or atlas of the township. The term "subdivision" shall also include the term resubdivision.

"Subdivision, Major." "Major subdivision" means any subdivision of land not classified as a minor subdivision.

"Subdivision, Minor." "Minor subdivision" means any division of land containing an aggregate of not more than three lots, two new lots and the remaining parcel, each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of township facilities; not involving any streets requiring additional right-of-way width as specified in the master plan or official map and/or the street requirements of these chapters, unless such additional right-of-way width, either along one or both sides of the street(s), as applicable, shall be deeded to the township or to the appropriate governmental authority prior to classification as a minor subdivision; not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions of the master plan, official map or these chapters; not being a further division of an original tract of land for which previous subdivision(s) was approved within five years past and where the combination of the proposed and approved minor subdivision constitute a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in these chapters. The original tract of land shall be considered any tract in existence at the time of the adoption of these chapters as shown on the township tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.

"Subdivision review" means the examination of the specific plat for a lot or tract of land. Whenever the term "subdivision approval" is used within these chapters, it shall be understood to mean a requirement that the subdivision plat be reviewed and approved by the planning board or a specifically designated committee thereof.

"Swimming pool" means a structure artificially constructed in the ground not fully within a building, which provides recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes.

"Swimming Pool, Portable." Portable pools shall not be subject to the requirements of these chapters and are those pools which are not otherwise permanently installed; do not, require water filtration, circulation and purification; do not exceed twenty-four (24) inches in depth; do not exceed a water surface of two hundred fifty (250) square feet; and do not require braces or supports.

"Swimming Pool, Private Residential." "Private residential swimming pools" means and includes artificially constructed pools, whether located above or below the ground, having a depth of more than twenty-four (24) inches and/or a water surface of two hundred fifty (250) square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his or her household and guests and which is located on a lot as an accessory use to a residential dwelling and shall include all buildings, structures, equipment and appurtenances thereto.

"These chapters" means this title.

"Thinning" means the removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.

"Township" means the Township of East Greenwich or any designated representative.

"Tract" means an area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of these chapters for the use(s) intended.

"Tree" means any woody perennial plant usually having but one main stem or trunk and a more or less definitely formed crown, and which has the potential based on its genus and species to grow to a height of ten feet or more.

"Tree protection zone" means that portion of a lot outside of the disturbance zone.

"Tree removal" means the cutting down of a tree, the transplanting of a tree to a site other than that under development or the infliction of damage to a tree which is of such severity as to show evidence within a period of two years of irreparable harm leading to the ultimate death of a tree. Examples of said serious damage include, but are not limited to: Damage inflicted to the root system by machinery; storage of materials, and soil compaction; changing the natural grade above or below the root system and around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; excessive pruning; excessive thinning; paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree.

"Tree root area" means the area under a tree extending from the trunk to the dripline.

"Use" means the purpose for which the building, structure or site is designed, used or intended to be used.

"Used." The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.

"Utility distribution lines" means main lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, water, sewage 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 right-of-way" means the lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

"Variance" means permission to depart from the literal requirements of these chapters and based upon the standards of these chapters authorized by the appropriate township agency in accordance with R.S. 40:55 D-1 et seq.

"Vegetation" means any plant material, including grasses, shrubs and trees.

"Wall" means a structural member which also serves to separate space.

"Wetlands" means those areas where the substrata is inundated or saturated by surface or groundwater at a frequency, magnitude and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions known as hydrophytes. Wetlands include 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. East Greenwich Township does not have any area of coastal wetlands classification but does possess inland wetlands, including submerged lands as defined in Article 6, Section 6-103 of the New Jersey Comprehensive Management Plan.

"Wetlands buffer" means those areas required by the New Jersey Department of Environmental Protection as a horizontal dimensional distance from the edge of the wetlands, within which no buildings or permanent structures may be built.

"Wind energy system" means a wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

"Wind turbine" means equipment that convert energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

"Yard" means an unoccupied, unobstructed open space other than a court and adjacent to a building. Porches and bay windows shall be considered as part of the building. Overhanging eaves, gutters and cornices of two feet or less shall not be considered an infringement of the requirements.

As to a front, rear or side yard, easements on adjacent properties shall not be used in order to fulfill the requirements for each such yard.

"Yard, Front." "Front yard" means an open, unoccupied space on the same lot with the principal building extending the full width of the lot situated between the street line and the building line. In the case of a corner lot, the front yard shall be measured from both street lines.

"Yard, Rear." "Rear yard" means an open, unoccupied space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building, exclusive of overhanging eaves, gutters, cornices and steps. The yard directly opposite the chosen front yard. The depth of the rear yard shall be measured at right angles to the rear line of the lot.

"Yard, Side." "Side yard" means an open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a side yard will be measured at right angles to the side line of the lot. Overhanging eaves, cornices and steps are accepted.

"Zone" means the area of the township also referred to and defined as a district.

"Zoning" means the reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations such as height, lot coverage and other stipulated requirements.

"Zoning board of adjustment" means the board established pursuant to R.S. 40:55D-69 and known legally as the zoning board of adjustment.

"Zoning district" means the same as "zone" or "district."

"Zoning permit" means a document signed by the administrative officer which:

1.

May be required by these chapters as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversation or installation of a structure or building;

2.

Acknowledges that such use, structure, or building complies with the provisions of these chapters or variance there from duly authorized by a township agency pursuant to these chapters.

(Ord. 23-2007 § 3; Ord. 7-05 § 1: prior code § 12-3)

(Ord. No. 8-2008; Ord. No. 34-2010, § I, 12-28-2010; Ord. No. 17-2011, 9-28-2011; Ord. No. 5-2014, § I, 4-22-2014; Ord. No. 11-2018, § 7, 11-27-2018; Ord. No. 4-2023, § I, 3-28-2023)