Plumsted City Zoning Code

ACCESSORY BUILDING — Shall mean a subordinate building or structure on the same lot with a main building, the use of which is incidental to that of the main building. Where an accessory building is attached to the main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.

ACCESSORY USE — Shall mean a use of a nature customarily incidental and subordinate to the main use of the premises.

ALTERATIONS — Shall mean as applied to a building or structure, a change or rearrangement in the structural parts of the existing facilities or an enlargement, whether by an extension of a side, an increase in height or a move from one location or position to another.

AUTOMOBILE SERVICE STATION — Shall mean any premises used for the sale of gasoline and lubricants; the sale of and fitting of tires, batteries and automobile supplies; the washing of automobiles, but not including automobile repairs requiring a machine shop and not including automobile body repairs.

BASEMENT — Shall mean a story partly underground and having at least one-half of its height above the average level of the ground. A basement shall be counted as a story for height measurement if subdivided and used for dwelling or business purposes.

BUILDING — Shall mean any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or chattel.

BUILDING HEIGHT — Shall mean the vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof, subject to height limitations contained herein.

CELLAR — Shall mean a story having more than one-half of its height below ground. A cellar shall not be counted as a story for the purposes of height measurement.

CERTIFICATE OF OCCUPANCY — Shall mean a certificate issued by the building inspector and enforced by the zoning officer upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments hereof which have been granted by the board of adjustment, and all other applicable requirements, have been complied with.

CLUSTER DEVELOPMENT — Shall mean a residential development where a means of providing common open space which may serve both as recreation or conservation or open space lands created by reduced lot sizes and by grouping building lots in such a manner that the open spaces are evenly distributed, functional and are of sufficient size and width so as to enhance the spacious and natural characteristics of the development. The reduction of lot size in a conventional type development with no attempt to integrate and balance the open space areas shall not be considered a cluster development. There are two design criteria which distinguish cluster development from other forms of conventional development or modifications of conventional development. First, cluster development site planning involves the grouping of buildings or lots and buildings into modules. Each module which need not contain any predetermined number of buildings is set off from similar modules by intervening open space. This open space serves to give distinction and visual definition to each individual group or cluster of buildings. The second design criteria of cluster development is that the open space which results from a module layout is of sufficient size, shape and width so as to afford multiple use in the form of recreational activities and for conservation and open space purposes.

DWELLING — Shall mean:

DWELLING UNIT — Shall mean one or more rooms, including a kitchen or kitchenette, located within a residence providing complete living facilities for one family or containing facilities and equipment for living, sleeping, cooking and eating.

FAMILY — Shall mean one or more persons all related to each other by birth, adoption or marriage occupying a single dwelling unit or doing their own cooking and living together as a single housekeeping unit, or an unrelated group of not more than four persons, all of whom are adults occupying a single dwelling unit, living together as a single housekeeping unit.

FILLING STATION — See "Automobile Service Station."

FRONTAGE — Shall mean the distance measured along a street right-of-way line between the two side lines of a parcel of land.

GARAGE, PRIVATE — Shall mean a detached accessory building or portion of a main building used only for the storage of motor-driven vehicles which are the property of and for the private use of, the occupants of the lot on which the private garage is located.

GARAGE, PUBLIC — Shall mean any premises, except those described as a private garage, used for the storage of vehicles, or where any such vehicles are repaired or kept for remuneration, hire, sale, or other business purposes.

HOME OCCUPATION — Shall mean an accessory use of a service character customarily conducted within a dwelling or accessory building, which is clearly secondary to the use of the dwelling for living purposes, and does not change the character thereof, nor have any exterior evidence of such secondary use, other than a nameplate not to exceed one square foot in area. The office of a physician, dentist or attorney, millinery, dressmaking, and tailoring; teaching of violin, piano, or other individual musical instrument, and other professions and/or trades which would have no noticeable impact upon the neighborhood, shall be deemed to be a home occupation.

HOTEL — Shall mean a building occupied, more or less, as a temporary abiding place of individuals, who are lodged with or without meals, and in which there are more than 15 sleeping rooms, occupied separately, and with no provisions being made for cooking in any individual room or apartment.

LOT—  Shall mean a single, unified tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single or unified ownership or control. Such lot shall have frontage on a street; shall be of at least sufficient size to meet minimum zoning requirements for use and areas and shall provide such yards and other open spaces as herein required.

LOT LINES — Shall mean the lines bounding a lot as defined herein.

LOT OF RECORD — Shall mean a lot which is a part of a subdivision, the map of which has been recorded in the office of the county clerk.

LOT TYPES — The terminology used in this chapter with reference to lot types is as follows:

LOT AREA — Shall mean the total horizontal area included within lot lines. Where the front lot line is the centerline of a street, or lies in part, or in whole, in the street area, the lot area shall not include that part of the lot in use, or to be used, as the street.

LOT FRONTAGE — Shall mean that portion of a lot extending along a street line.

LOT DEPTH—  Shall mean the shortest normal distance between the front lot line and a line drawn parallel to the front lot line or front lot line chord through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than ten feet in length measured between its intersections with the side lot lines.

LOT WIDTH — Shall mean the horizontal distance measured at right angles to the lot depth 60 feet from the street line.

MAJOR STREET — Shall mean Routes 528, 539 and 537.

MOTEL — Shall mean a building or group of buildings, whether detached or attached units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory offstreet parking facilities. The term, motel includes buildings designated as auto courts, tourist courts, motor hotels, motor lodges and similar terms.

NONCONFORMING BUILDING — Shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT — Shall mean a lot or parcel which does not have the minimum width, depth or contain the minimum area for the zone in which it is located, or the use to which it is being put.

NONCONFORMING USE — Shall mean a use of a building or land that does not conform to the regulations of the zone in which it is located.

OFFSTREET LOADING AND UNLOADING SPACE — Shall mean an open hard-surfaced area of land other than a street or public way, the principal use of which is for standing, loading and unloading of motor trucks or tractors and trailers, to avoid undue interference with the public use of streets. Such space shall not be less than 12 feet in width, 45 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

OPEN SPACE — Shall mean any area other than a required yard, screening strip, or recreation area which may hereafter remain as private or property dedicated to the Township and which shall have been so designated as such on any plan requiring approval by the Township.

PARKING AREA — Shall mean an open hard-surfaced area of land, other than a street, driveway or public way, the principal use of which is for the storage (parking) of passenger automobiles or commercial vehicles under two-ton capacity by the public, or as an accommodation to clients or customers.

PARKING SPACE, AUTOMOBILE — Shall mean space within a parking area or a building of not less than 200 square feet (ten feet by 20 feet), exclusive of access drives, aisles and ramps used for the storage of one passenger automobile or commercial vehicle under two-ton capacity.

SETBACK LINE — Shall mean a line within any lot, making the limits of any required yard area.

SIGN — Shall mean any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however, that the following shall not be considered signs:

SIGN, ADVERTISING — Shall mean a sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.

SIGN, BUSINESS — Shall mean a sign which draws attention to a business, profession or to a commodity, service or entertainment sold or offered or conducted upon the premises where such sign is located.

SIGN, FLASHING — Shall mean any illuminated sign on which such illumination is not kept stationary nor constant in intensity or in color at all times when such sign is in use.

SIGNS, NUMBER — Shall mean and be considered for the purpose of determining the number of signs, to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, such elements shall be considered to be a single sign.

SIGN, SURFACE AREA — Shall mean the entire area within a single continuous perimeter enclosing the extreme limit of the actual sign surface, excluding any structural elements outside the limits of such sign not being or forming an integral part of the display. Only one side of a double-face or V-type structure shall be used in computing total surface area.

STREET — Shall mean a public or private thoroughfare which affords the principal means of access to abutting property.

STREET LINE — Shall mean the dividing line between the lot and the street right-of-way contiguous thereto.

STRUCTURE — Shall mean anything that is constructed, built, or arranged according to a plan.

STRUCTURAL ALTERATIONS — Shall mean any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

YARD — Shall mean an existing or required open space on the same lot with a principal building and which shall be unoccupied and unobstructed by any portion of a structure from the ground upward.

YARD, FRONT — Shall mean the minimum horizontal distance between the street line and the main buildings, or any projection of the usual steps or entrance way and extending for the full width of the lot.

YARD, REAR — Shall mean a space unoccupied, extending for the full width of the lot between the rear lot line and the extreme rear line of the principal building. On corner lots, the rear yards shall be considered as parallel to the street upon which the lot has its least dimension. On interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

YARD, SIDE—  Shall mean a yard between the main building and the side line of the lot and extending from the front lot line to the rear yard line.

ZONING DISTRICT — Shall mean an area or section of the Township in which the regulations regarding the use of buildings and premises, height of buildings and the yard space about structures are uniform and set apart and distinct from other areas or sections having different regulations and all of which areas or sections are designated by different delineations upon the zoning map which is made a part of this chapter and is on file in the office of the Township clerk.

ZONING MAP — Shall mean a delineation of the boundaries of areas or divisions of the Township for the purpose of regulating, limiting and determining, the height and bulk of buildings, the intensity of the use of lot areas, the areas of open spaces about the surrounding buildings for the purpose of classifying, regulating and restricting the location of trades and industries, and buildings designed for specified industrial, business and residential uses, and which map is on file in the office of the Township clerk.

ZONING OFFICER — Shall mean that person designated by the Township committee to administer and enforce the provisions of this chapter.

ZONING PERMIT — Shall mean a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.

FARMING ACTIVITIES — Shall mean normal farming activities, including growing and harvesting of crops and breeding, raising and training of farm animals.

TURN-AROUND DRIVEWAY — Shall mean a paved or unpaved area used for the ingress or egress of vehicles, allowing access from a street to a building or other structure, facility, or use, and providing a space for vehicles to turn-around without having to back onto the adjacent roadway.

AGRICULTURE — Shall mean the production, keeping, or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding of any and all such animals; bees and apiary products; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agriculture as defined herein shall also include activities defined as agriculture as set forth in the General Ordinances of the Township of Plumsted in Chapter 2, entitled "Agriculture and Farming Activities," and Chapter 15, § 15-10a56, entitled "Farming activities."

BUILDING, PRINCIPAL — Shall mean a building in which is conducted the main or principal use of a lot on which said building is located.

CHILD CARE CENTER — Shall mean a child care facility for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED — Shall mean 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 apartments 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-1 et seq.).

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE — Shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of 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.

DAY CARE CENTER — Shall mean the same as "child care center".

ESSENTIAL SERVICES — Shall mean underground gas, electrical, telephone, telegraph, cable T.V., steam or water transmission or distributor systems, including mains, drains, sewers, pipes, conduits and cables and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories in connection herewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or government agencies or for the public health or safety or general welfare.

FAMILY DAY care home — Shall mean 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 child-care services:

FARMETTE — Shall mean a lot the principal use of which shall be for a detached single family dwelling and which can potentially meet the minimum requirements to qualify for reduced tax assessment under the New Jersey Farmland Assessment Act of 1964 (C.54:4-23.1 et seq.).

FLAG LOT—  Shall mean a lot not meeting the minimum frontage requirements for conventional development in the zone in which it is located and where access to the public road is by a narrow, private right-of-way or driveway.

GOLF COURSE — Shall mean an area of a minimum of 70 contiguous acres containing at least nine regulation golf holes, together with the necessary accessory uses and structures including, but not limited to, clubhouse, dining facilities and refreshment facilities, maintenance facilities and structures, provided the operation of such uses is clearly incidental and subordinate to the golf course.

JUNKYARD—  Shall mean any lot, structure or building or portion thereof used for the outdoor storage, collection, keeping, processing, purchase, sale or abandonment of junk, including scrap materials; or used for the dismantling, demolition or abandonment of structures, automobiles, equipment, machinery or parts thereof. The term "junkyard" as defined herein, includes automobile wrecking yards, salvage yards or recycling centers.

LOT COVERAGE — Shall mean the area of a lot covered by any material placed on or above the earth which prevents or reduces the natural percolation of water through the surface. Examples include, but are not limited to: structures, including eaves, roofs and roof overhangs, parking areas and driveways (whether hard surfaced or not), sidewalks, patios and decks, sport courts and pools. Lot coverage shall be expressed as a percentage equaling the sum of the impervious surfaces divided by the overall lot area.

MATURE FORESTED AREA — Shall mean a wooded area where the majority of the canopy trees are six inches in diameter or greater as measured at breast height.

MOBILE HOME—  Shall mean a factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit for one or more adult persons and with or without a permanent foundation, when located in a mobile home park.

MOBILE HOME PARK — Shall mean a parcel of land, or two or more parcels of land, containing no fewer than two 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 include but shall not be limited to the construction and maintenance of streets; lighting of streets and other common areas; garbage removal; snow removal; and provisions for the drainage of surface water from home sites and common areas.

USE — Shall mean the specific purpose for which a parcel of land, or a building or a portion of a building, or a structure or a portion of a structure, is designed, arranged, intended, occupied or maintained.

USE, ACCESSORY Shall mean a use of land, or of a building or portion of a building, or of a structure or portion of a structure customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot with such principal use.

USE, CONDITIONAL — Shall mean a use permitted in a particular zoning district, only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Plumsted Township Planning Board.

USE, NONCONFORMING — Shall mean a use or activity occupying a building, structure or lot which does not conform to the use regulations for the zoning district in which the use or activity is located.

USE, PERMITTED — Shall mean a use of land, building or structure, or portion thereof, allowed in a zoning district and subject to the restrictions applicable to that district. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE, PRINCIPAL — Shall mean the main purpose for which a lot, building or structure is used.

USE, PROHIBITED — Shall mean a use of any land, building or structure, or portion thereof, that is not permitted in a zoning district.

WETLANDS — Shall mean the area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation" regulated by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.

WETLANDS TRANSITION AREA— Shall mean an area of land adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem regulated by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.

GREENWAY LAND — Shall mean that portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land, or open space land, does not count toward minimum lot size requirements. A portion of the Greenway or open space land must be accessible to the residents of the development and/or the municipality, but land may also consist of farmland that is not accessible to the residents of the subdivision or the public.

IMPERVIOUS COVER — Shall mean any material placed in, on or above the earth, the artificial impacting of the earth, or any material change in the natural surface of the earth which essentially reduces, prevents, or could prevent the natural percolation of water or which reduces the undisturbed open space areas on the lot. Examples include, but are not limited to: structures, including eaves, roofs and roof overhangs, parking areas and driveways ( whether hard surfaced or not), sidewalks, patios and decks, sport courts and pools.

PRIMARY CONSERVATION AREAS (PCAS) — Shall mean floodplains, wetlands, slopes over 10 percent and vernal ponds.

SECONDARY CONSERVATION AREAS (SCAS) — Shall mean areas of High Groundwater Recharge (11-17 inches per year), Natural Heritage Priority Areas, and Critical Habitat Areas as designated by the Landscape Project, as well as other scenic, natural, cultural and historic features such as viewsheds, natural swales, groves of trees, local landmarks and historic structures that may be unmapped but should be incorporated into site plans during the site visit.

SKETCH PLAN — Shall mean a layout of a proposed subdivision, site plan or development scheme of sufficient accuracy to be used for the purpose of discussion and classification. Sketch plan can also be referred to as a sketch plat or conceptual plan.

CONSERVATION MARKER — Shall mean a permanent identification marker placed along the boundary of a conservation easement at least every 100 feet, at the juncture of a change of direction and at property corners. The marker shall be constructed of a three inch diameter white PVC pipe. The pipe shall be buried in the ground three feet and shall stick six inches out of the ground. The pipe shall be filled with concrete and shall have a three foot six inch length of rebar in the center of the concrete.

UPLANDS—  Shall mean any non-wetland area.

APPLICATION FOR DEVELOPMENT — Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c.291 (C.40:55D-34 or C.40:55D-36). Accompanying documents shall include but not be limited to submission of application, checklists, application fees and escrow fees, calculations and reports, Environmental Impact Statements, environmental questionnaires, waiver requests, plans, surveys and all else required.