[Amended by Ord. No. 2004-12; 2006-13]
The following terms shall have the meanings as indicated or referenced herein:
ACCESSA single vehicular entrance and/or exit combination between a street and a lot or between two lots.
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which:
a. Is subordinate to and serves a principal building or a principal use (including, but not limited to shed or garage);
b. Is subordinate in area, extent and purpose to the principal structure or principal building and/or principal use served;
c. Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
d. Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter and the Pinelands Comprehensive Management Plan.
ADMINISTRATIVE OFFICERThe Township Zoning Official of the Township of Southampton, Burlington County, New Jersey, unless a different municipal official is designated by this chapter to administer certain of the responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.
[Amended 6-17-2014 by Ord. No. 2014-12]
ADVERSE EFFECTConditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage, unsuitable street grades, street locations that fail to compose a convenient traffic system, and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.
AGGRESSIVE SOILSSoils, which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.
AGRICULTURE/HORTICULTURE USESa. PRINCIPAL USESAny production of plants or animals useful to man including, but not limited to: aquacultural products; 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 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.
b. ACCESSORY USESAny structure, excluding residential dwellings, used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products.
c. AGRICULTURAL COMMERCIAL ESTABLISHMENTA retail sales establishment primarily intended to sell agricultural products produced within the Township boundary. An agricultural commercial establishment may be seasonal or year-round, and may or may not be associated directly with an agricultural/horticultural use on a particular parcel; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as an agricultural/horticultural use itself, nor does it include facilities which are solely processing facilities.
AGRICULTURE/HORTICULTURE EMPLOYEE HOUSINGResidential dwellings for the seasonal use of employees of an agricultural/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 or horticulture.
ALTERATIONS, OR ADDITIONS, STRUCTURALAny change in either the supporting members of a building such as bearing walls, columns, beams and girders, or in the dimensions or configuration of the roof or exterior walls.
ANTENNAAny structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.
APPLICANT or OWNERThe legal or beneficial owner or owners of a lot or of any land to be proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
APPLICATION FOR DEVELOPMENT/MUNICIPAL LAND USE LAWThe application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AUTOMOBILE SALESThe use of any building, land area or other premise for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.
BACKHAUL NETWORKThe lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.
BARNAny building accessory to a primary residence used for the housing, storage or preparation for marketing of plants or animals, provided that a "barn" is permitted only where the use of the plants or animals to be housed, stored or prepared for marketing is an otherwise permitted use in accordance with the provisions of this chapter.
BASEMENTThat portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.
BELGIAN BLOCK CURBA type of paving stone, generally of granite, with vertical faces, used for curbing.
BERMA mound of soil, either natural or manmade used as a view obstruction.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, which structure is located on a site other than the site to which the advertising relates.
BUFFERAn area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGEThe square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outer most extremities of the roof above the columns.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the finished grade five feet from the foundation of the building along the side(s) of the building facing a street and measured to the highest point of the roof for flat roofs, to the deck line for mansard roofs, or to the mean height between eaves and ridge for gable, hip and gambrel roofs. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.
BUSINESS SIGNAn on-premises sign which directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted on the premises on which the sign is located or to which it is affixed.
CAMPERA portable structure, which is self propelled or mounted on or towed by another vehicle, and which is designed and used for temporary living for travel, recreation, vacation or other short-term uses. Camper does not include mobile homes or other dwellings.
CAMPSITEA 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.
CARPORTA roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARTWAYThe 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 between the edges of the paved or graded width.
CELLARThat portion of a building partly or wholly below grade, where the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building.
CLUSTER DEVELOPMENTDevelopment based upon an overall density for the entire tract, with the dwelling units generally located on individual lots reduced in size with common property or open space generated on the remainder of the tract.
COAHThe Council on Affordable Housing established pursuant to the Fair Housing Act, N.J.S.A. 52:27D-302 et seq.
CO-LOCATIONThe attachment of commercial wireless telecommunication antenna to an existing tower.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICESLicensed commercial wireless telecommunications services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
COMMON OPEN SPACESAn open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny 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, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hotels. 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.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contractor an affiliated agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in § 2 of P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in § 2 of P.L. 1977, c.488 (N.J.S.A. 30:11B-2). "Mentally III Person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, 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.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of a 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. 30:40-1-14) 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.
COMPLETE APPLICATIONAn application form completed as specified by this chapter and the rules and regulations of the Township of Southampton and all accompanying documents required by this chapter for approval of the particular application for development as specified in §
12-10 of this chapter; provided that the municipal agency may require such additional information not specified in this chapter or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revisions to the accompanying documents so required by the municipal agency.
CONCEPT PLANA preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USEA 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 operation of such use as specified in this chapter.
CONSTRUCTIONThe construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONSTRUCTION OFFICIALAn individual designated by the Township of Southampton and duly licensed by the New Jersey State Department of Community Affairs to serve as the Construction Official.
COVERAGE, BUILDINGThe aggregate square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades 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.
COVERAGE, LOTThe aggregate square footage or other area measurement by which all sidewalks, driveways and parking areas, whether paved, graveled or unsurfaced, and all buildings and other structures cover a lot as measured in a horizontal plane to the limits of the structure or improvement.
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DEVELOPERThe 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 purchase, or other person having an enforceable proprietary interest in such land.
DRAINAGEThe removal of surface water or ground water from land by drains, grading or other means and including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation and prevention or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAYThe lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or 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.
DWELLINGAny structure or portion thereof which is designed or used for residential purposes.
a. DWELLING UNITA room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the passing through another dwelling unit or other indirect route(s) to get to any other dwelling unit portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
b. APARTMENTA building other than a building of attached "Townhouses" containing a minimum of three dwelling units and not exceeding 2.5 stories and 35 feet in height.
c. CARRIAGE HOUSE APARTMENTA residential dwelling unit within a building accessory to a detached single-family dwelling containing both a garage for the parking of automobiles owned and used by the residents of the detached dwelling unit and the residential Carriage House Apartment dwelling unit above the garage. The Carriage House Apartment shall be restricted to occupancy by members of the same family occupying the detached single-family dwelling, shall not ever be used as a rental unit, shall be between 600 square feet and 700 square feet in net habitable floor area, and shall have a direct entrance at ground level. The height of an accessory building containing a Carriage House Apartment shall not exceed 2.5 stories and 35 feet in height.
d. DETACHED, SINGLE-FAMILYA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit which has its own sleeping, sanitary and general living facilities.
e. PATIO HOMEA single-family dwelling on an individual lot which may be attached to a second single-family dwelling on an adjacent lot.
f. RESIDENTIAL FLATA residential dwelling unit situated on the second floor above permitted nonresidential uses in accordance with the applicable provisions of this chapter.
g. TOWNHOUSEOne building containing at least four connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. Each dwelling unit may be a maximum of three stories and 35 feet in height, but nothing in the definition shall be construed to allow one dwelling unit over another.
h. TWO-FAMILYA building on one lot containing two dwelling units only, each having entrances on the first floor, intended for the residential occupancy by two housekeeping units, each living independently of each other and each unit with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls.
EASEMENTA use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation, or particular persons for specific uses.
ENLARGEMENTAn addition to the floor area of an existing building, an increase in the size of any other existing structure, or an increase in that portion of a tract of land occupied by an existing use.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAAFederal Aviation Administration.
FCCFederal Communication Commission.
FAMILYThe same as "Housekeeping Unit."
FAMILY DAY CARE HOMEAny 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 less 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:
a. A child being cared for is legally related to the provider; or
b. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARMa. PRINCIPAL USESA lot with at least five contiguous acres devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries, and greenhouses, aquaculture, silviculture or horticulture operations, dairies and livestock produce, except that commercial piggeries are excluded.
b. ACCESSORY USESStructures 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.
c. AGRICULTURAL PURPOSEA farm serves a dominant agricultural purpose and shall comply with the minimum lot size requirements in the applicable zoning district. Agricultural purpose does not include purposes and uses which are recreational in nature, uses which are primarily personal as opposed to commercial or uses which are incidental and/or subordinate to a residential use.
FARMETTEA real estate marketing term; a lot with less than five contiguous acres that may or may not contain farming activities.
FIRE OFFICIALAn individual designated by Southampton Township and certified by the Commissioner of the New Jersey State Department of Community Affairs to serve as the Fire Official.
FIRE SUBCODE OFFICIALA qualified individual appointed by Southampton Township to enforce the fire protection rules of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of the Township.
FISH AND WILDLIFE MANAGEMENTThe changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FLAG LOTA lot with sufficient width for an access drive with the enlarged buildable portion of the lot located at the end of the access drive.
FLOOD PLAINThe relatively flat area adjoining a water channel, which has been or may be covered by floodwater of the channel, including the following components:
a. FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 of a foot.
b. FLOOD HAZARD AREALand in the flood plain subject to a 1% or greater chance of flood in any given year.
FLOOR AREA, GROSS (G.F.A.)The plane projection of all roofed areas on a lot multiplied by the number of full stories under each roof section provided that the area under any roof overhang of four feet or less and/or any under roof parking area shall not be included in the G.F.A. calculation. Basements, which satisfy applicable construction definitions of habitable space, are included in the G.F.A.
FLOOR AREA, NET HABITABLE (N.H.F.A.)The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a head-room of at least 6 1/2 feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, utility (heating and cooling) rooms, half-stories and unfinished attics and basements.
FLOOR AREA RATIO (F.A.R.)The sum of the area of all floors of buildings or structures compared to the total area of the site.
a. BUILDINGA combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
b. STRUCTUREA combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
FORESTRYThe growing and harvesting of trees for commercial purposes, except that the following shall not be defined as forestry:
a. Removal of trees on a parcel of land one acre or less on which a dwelling has been constructed;
b. Removal of trees directly associated with the use of the property for a nursery, garden center, Christmas tree plantation, or orchard;
c. Removal of trees directly associated with the development of the property as otherwise authorized by the Pinelands Comprehensive Management Plan;
d. Removal of trees necessary for the maintenance of utility or public rights-of-way;
e. Removal of trees for the personal use of the property owner; and
f. Removal of trees for public safety.
GARAGEAn accessory building or structure, whether detached or attached, designed for the parking and storage of vehicles.
[Added 11-17-2020 by Ord. No. 2020-11]
GARAGE, REPAIRAny building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
GENERAL DEVELOPMENT PLANA comprehensive plan for the development of a planned development in accordance with the provisions specified in N.J.A.C. 40:55D-45.1 of this chapter.
GRADEThe slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.
HABITATThe natural environment of an individual animal or plant population or community.
HEIGHTWhen referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
HISTORIC RESOURCEAny real property, such as a building, structure, ruins, foundation, route, trail, place or object, including but not limited to a cemetery, burial ground, village area, bicycle railway or a natural object, configuration, geological feature or formation which has been designated as a landmark by the Historic Commission Historic Plan Element because it:
a. Is of particular historic, cultural, scenic or architectural significance to the Township of Southampton and in which the broad cultural, political, economic or social history of the nation, State or community is reflected or exemplified;
b. Is identified with historic personages or with important events in the main current of national, State or local history;
c. Shows evidence of habitation, activity or the culture of prehistoric man;
d. Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or
e. Represents a work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the Township of Southampton or other areas.
The designation of a landmark shall be deemed to include the tax map lots on which it is located. All landmarks shall specifically be identified within the Historic Preservation Study Plan Element of the Township Master Plan. |
HOME OCCUPATIONAn activity operated for pecuniary gain in, or directed from, a residential dwelling or unit by one or more family members residing within that dwelling or unit. A home-based business shall be considered an accessory use.
HOMEOWNERS' ASSOCIATIONAn organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township in accordance with N.J.S.A. 40:55D-43.
HOTELS AND MOTELSA building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
INSTITUTIONAL USEAny land used for the following public or private purposes: educational facilities including universities, college, 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 buildings; military facilities; churches; public office buildings; cemeteries; and other similar facilities.
JUNKYARDAny area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof or of any material whatsoever.
LANDThe surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
LAND AREA, GROSS (G.L.A.)The entire area of a lot or lots included in a single proposed development or site plan, before any deductions are made for wetlands, conservation areas, steep slopes or for any other required purpose.
LAND AREA, NET (N.L.A.)The remaining developable area of a lot or lots included in a single proposed development or site plan after deductions are made for wetlands, conservation areas, steep slopes or for any other required purpose.
LANDFILLSites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.
LOADING SPACEAn 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.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe area contained within the lot lines, but not including any portions of a street, lake or stream. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan 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, CORNERA lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 120°. Each corner lot shall have two front yards, one side and one rear yard, the side and rear yards to be designated at the time of application for a construction permit.
LOT DEPTHThe shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGEThe horizontal distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet measured from the centerline of the street, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width unless a lesser frontage is specified in this chapter. In the case of a corner lot, either street frontage, which meets the required frontage for that zone, may be considered the lot frontage.
LOT LINEAny line forming a portion of the exterior boundary of a lot. The lot line is the same line as the street line for a portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.
LOT WIDTHThe straight and horizontal distance between the side lot lines measured at setback points on each side lot line an equal distance from the street line. The minimum lot width shall be measured at the minimum required building setback line.
MAINTENANCE BONDAny security acceptable to the Governing Body to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and in accordance with this chapter.
MASTER PLANA composite of the mapped and written plans recommending the physical development of the municipality, which shall have been adopted by the Land Development Board.
[Amended 2-20-2024 by Ord. No. 2024-01]
MEAN ELEVATIONThe average of the ground level measurements computed at the four extreme corner points of any proposed or existing building.
MOBILE HOMEAny unit, whether licensed or not, used for living, sleeping or business purposes by one or more persons, built on a chassis, designed without a permanent foundation and shall include a dwelling, sleeping or business unit of vehicular design used or intended or constructed for use as a conveyance upon the public streets and highways, whether licensed or not, and shall further include self-propelled and non-self-propelled vehicles and other structures so designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a dwelling, sleeping place or for business purposes for one or more persons and having no foundation other than wheels, jacks, piers or skirting so arranged as to be integral with or portable by the mobile home and shall further include the type of dwelling known as a trailer or camp car.
MUNICIPAL AGENCYThe Land Development Board, Board of Adjustment, or Township Committee, or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.
[Amended 2-20-2024 by Ord. No. 2024-01]
NONCONFORMING BUILDING OR STRUCTURESA building or structure which in its location upon a lot or in its lot size, does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOTA lot of record which does not have the minimum size, width, frontage or depth or contain the minimum area for the zone in which it is located.
OFFICEA place for the transaction of business where reports are prepared, records kept and services rendered, but where no retail sales, except in connection with professional services, are offered and where no manufacturing, assembly or fabricating takes place.
OFF-SITELocated outside the lot lines of the property 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 the street right-of-way.
OFF-TRACTNot located on the property, which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property, which is the subject of a development application or on a contiguous portion of a street right-of-way.
OPEN SPACEAny parcel or land area 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, off-street parking and other improvements that are designated to be incidental to the natural openness of the land, and provided further that no portion of the required open space shall include any yard or setback distance stipulated in this chapter and any street right-of-way.
PARKING SPACEAny area, either within a structure or in the open, of not less than nine feet wide by 20 feet in length or, in the case of a handicapped parking space, an area not less than eight feet wide by 20 feet in length with an adjacent access aisle at least five feet wide, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that the length of a parking space may be reduced to 18 feet in length, subject to the approval of the Board in those instances where a two-foot overhang area exists beyond a curb and where such overhang does not interfere with any proposed and/or required landscaping. Notwithstanding any other provision of this chapter, nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, except that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking areas. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTEEAny security, in accordance with the requirements of this chapter, which may be accepted in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PERSONAn individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
PERMITTED USEAny use of land or buildings as permitted by this chapter.
PLATA map or maps of a subdivision or site plan.
PORCHA roofed, open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof. A porch may be screened.
PRE-EXISTING TOWERS AND ANTENNASAny tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
PRINCIPAL USEThe primary purpose for which a lot or building is used.
PUBLIC AGENCIESThe government of the United States of America, the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising sovereign powers of government.
PUBLIC SERVICESSewer service, gas, electricity, water, telephone, television and other similar services provided or maintained by any public or private entity.
PUBLIC SERVICE INFRASTRUCTURESewer 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.
RECREATION, ACTIVEIntensive recreation, including facilities for physical activities, games, team sports and generally any recreation that is not passive or low intensive.
RECREATION, PASSIVE OR LOW INTENSIVERecreation with insignificant impact on surrounding areas or on the environmental integrity of the area, such as hiking, hunting, trapping, fishing, canoeing, nature study and bicycling.
RESOURCE CONSERVATION PLANA plan prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
RESTAURANTA public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section
[Amended 11-17-2020 by Ord. No. 2020-09]
RESTAURANT, DRIVE-IN AND/OR DRIVE-THROUGHAn establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
[Added 11-17-2020 by Ord. No. 2020-09]
RESTAURANT, FAST-FOODA restaurant, including drive-in and drive-through restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety at which the patron obtains food directly from the dispensing counter or take-out window for consumption on or off the premises.
[Amended 11-17-2020 by Ord. No. 2020-09]
RESUBDIVISIONThe 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, the alteration of streets or the establishment of any new streets.
SATELLITE DISH ANTENNAEAny apparatus or structure constructed or installed out of doors with the purpose of receiving television, radio or similar waves, but excluding, however, conventional television antennae.
SEASONAL HIGH WATER TABLEThe level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SERVICE STATIONAny building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories as well as the performance of minor repair services, but where no vehicular painting and/or bodywork is done and where no junked or unregistered motor vehicles are kept or stored.
SETBACKThe distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
SETBACK LINEA line drawn parallel or concentric to a street line or lot line and drawn through the point of the building nearest to the street line or lot line. The term required setback means a line that is established a minimum 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. The minimum front, side and rear yard requirements specified in this chapter shall be the minimum required setbacks.
SHOPPING CENTERA group of commercial establishments built on one tract that is planned and developed as an operating unit: it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
SIGHT TRIANGLE EASEMENT AT INTERSECTIONA triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street centerline except for street signs, fire hydrants and light standards.
SIGNAny building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia or other visual communication is used to advertise or promote the interest of any person, products or service when the same is placed in view of the general public, as particularly defined and regulated in ordinance governing signs.
SITE PLANA development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, marshes and waterways; (2) 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 (3) any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter:
a. MINOR SITE PLANAny site plan for any new development or building alteration or addition not exempt from site plan review which involves grading, clearing or disturbance of an area less than 5,000 square feet.
SITE PLAN REVIEWThe examination of the specific development plan for a lot or tract of land. Whenever the term site plan approval is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SKETCH PLATRough layout of a proposed land development of sufficient detail, clarity, and accuracy to be used for discussion prior to submission of a preliminary plat.
SOLID WASTE TRANSFER STATIONA facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a landfill.
SPECIMEN TREEAny tree of exceptional size, which is listed by the New Jersey Division of Parks and Forestry. A listing of such trees and a map showing their location is maintained at the principal office of the Pinelands Commission.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling; rather, the underside to the highest horizontal surface separating the area above from the remainder of the structure below shall be considered the ceiling. Moreover, cellars and basements ordinarily shall not be considered stories when considering the height of a building; provided, however, that finished basements in nonresidential buildings shall be considered a story for purposes of height, floor area and parking computations in accordance with the requirements of this chapter. Finally, a half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate; and such half-story shall not be used for nonresidential uses.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway or (2) which is shown on a plat heretofore approved, pursuant to law, whether publicly or privately owned, or (3) which is approved by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plan duly filed in the office of the County Recording Officer prior to the appointment of a Land Development Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, parking areas and other areas within the street line. For purposes of the paving design and setback requirements of this chapter for and related to streets, all private roads shall be considered streets.
[Amended 2-20-2024 by Ord. No. 2024-01]
STREET LINEThe edge of the existing or future street right-of-way, whichever may result in the widest right-of-way.
STRUCTUREA combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land (e.g., fences, swimming pools, signs, tennis courts, walls, buildings, etc.) or whether attached to something having a fixed location on, above, or below the surface of a parcel of land.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of land found by the Land Development Board or Subdivision Committee thereof 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) divisions of property upon Court order including, but not limited to, judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term subdivision shall also include the term resubdivision.
[Amended 2-20-2024 by Ord. No. 2024-01]
a. MINOR SUBDIVISIONAny division of land containing an aggregate of not more than four lots (three new lots and the remaining parcel), each fronting on an existing improved street; provided that such subdivision does not involve: (1) a planned development; (2) any new street; or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; or (4) adverse affect on the remainder of the parcel or adjoining property; or (5) a conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision. Whenever a subdivision has previously been approved for a parcel of land, any subsequent application(s) for a subdivision involving any portion of the same parcel of land filed within eight years shall follow major subdivision procedures unless the cumulative total of the lots resulting from all such subdivisions is less than four including any remainder lot. The eight year time period shall be measured from the date of final approval of the prior subdivision.
SUBDIVISION REVIEWThe examination of the specific subdivision plat for a lot or tract of land. Wherever the term subdivision approval is used in this chapter, it shall be understood to mean a requirement that the subdivision plat be reviewed and approved by the Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SWIMMING POOLA facility constructed above or below the ground, having a depth of more than two feet and/or water surface of 100 square feet or more, and designed and maintained for swimming purposes.
TOWERAny ground or roof mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting (1) or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces, and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
TOWER, MULTI-USERA tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE-USERA tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by Code.
TRACTAn 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 this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract provided that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.
UTILITIESThose services customarily rendered by corporations or the municipality, under the review of the Public Utilities Commission, for public service, such as electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services.
UTILITY DISTRIBUTION LINESLines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, 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.
VARIANCEA departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.
VEGETATIONAny plant material including grasses, shrubs and trees.
WETLAND SOILSThose soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture and the State Environmental Commission and Pinelands Comprehensive Management Plan.
WETLANDS, FRESHWATERAn area that is inundated or saturated by surface water or ground water 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; provided, however, that in designating a wetland, the three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto, shall be used.
WOODLANDSAreas, groves, or stands of mature or largely mature trees (i.e. greater than six inches caliper as measured at a point four feet above grade) covering an area greater than 1/4 acre; or groves of mature trees (greater than 12 inches caliper as measured at a point four feet above grade) consisting of more than 10 trees.
YARD, FRONTAn open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved side lot lines.