Definitions. The following definitions shall have the meanings indicated below. In the event any such definition is different from the definition given for the same word or term as contained in N.J.S.A. 40:55D-1 et seq., then the meaning contained in that statute shall prevail:
ACCESSORY BUILDING OR STRUCTUREA building or structure which is subordinate to and detached from the main building or structure on a lot and used for the purposes customarily incidental to those of the main building or structure. Any "accessory building" or "accessory structure" attached to the principal building or structure shall be considered part of the principal building.
ACCESSORY USEA use or activity subordinate to the main use or activity of land or of a building on a lot, or of a portion thereof, and customarily incidental thereto.
ADJACENT PROPERTYA lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land; provided, however, that lots which are separated by a public street shall not be considered adjacent.
ADMINISTRATIVE OFFICERAn individual appointed by the Mayor and Council, unless otherwise stated or intended by this chapter, to administer certain of the responsibilities and authorities specified for the administrative officer pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
ADVERSE EFFECTConditions or situations created by a proposed development that impose, aggravate, or lead to impractical, unsafe or unsatisfactory conditions on properties, such as inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system and a failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.
AFFORDABLE HOUSINGHousing designated for low- and moderate-income households such that after a 10% down payment, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of the household's eligible monthly income.
ALTERATION, STRUCTURALAny 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.
APPLICANTA developer submitting an application for development or any party seeking any form of relief from the Combined Planning Board wherein the Board has jurisdiction to act upon the same. An Applicant as defined herein, who is not the beneficial owner or owners of a lot or other property which is the subject of an application for relief filed before the combined Planning Board, must have the written consent of the owner or owners of said subject property when filing an application before the Combined Planning Board.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by ordinance or the submission requirements as set forth by the Combined Planning Board for approval of a subdivision plat, site plan, residential cluster, conditional use or zoning variance, or such other form of relief as the Combined Planning Board has jurisdiction to grand pursuant to N.J.S.A. 40:55D-1 et seq.
APPROVING AUTHORITYThe combined Planning Board, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
AUTOMOBILE WRECKING YARDA junkyard primarily consisting of motor vehicles, trucks, or other vehicles used for purposes of salvage, parts sales, dismantlement, etc.
BASEMENTA space having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
BED-AND-BREAKFASTA facility providing limited overnight accommodations with a morning meal to transients for compensation.
[Added 11-30-2017 by Ord. No. 2017-12]
BERMA mound of earth usually at least three feet in height but possible less upon approval of the Combined Planning Board, which is used to shield and screen areas from view or to control the direction of water.
BOARDSee Combined Planning Board
BOARDINGHOUSEA dwelling of part thereof in which lodging is provided by the owner or operator to more than three boarders. BOARDING HOUSE shall be synonymous with the term "rooming house."
BUFFERA landscaped strip of land planted with trees, shrubs, grass or other ground cover, or other planted material, and/or fences, or a use or structure from a street, or to shield or block noise, lights and other nuisances.
BUILDINGA building is any structure which has enclosing walls, floor, and roo9f, is affixed to the land and has one or more stories. A building shall not include such structures as signage, fences, or structures with interior surfaces not normally accessible to human use.
BUILDING COVERAGE/AREAThe horizontal area of a lot upon which the principal and all accessory building are placed, typically expressed as a percentage of total lot area.
BUILDING HEIGHTA building's vertical measurement, from the mean level of the finished grade abutting the building to the highest point of the roof. In all cases where this chapter provides for height limitations referenced to a specific height and a specified number of stories, the intent is to limit the height to the specified maximum footage and the specified maximum number of stories within said footage.
BUILDING LINEThe line parallel to the street line at which a residence or other principal structure is to be built on a given lot at a distance there-from, as required or permitted in the zoning district in which the lot is located. In the case of a cantilevered section of a building or residence, or where the face of a building or residential structure is not flush, the vertical plane will coincide with the most projected surface of the building and said plane shall constitute the line parallel to the street line.
BUILDING SETBACKA specified minimum distance that a building, or any part of a building or structure, e.g. eaves, gutters, bay windows, fireplaces and steps, must be placed in relation to a property line, creating a yard area within which no buildings or parts of buildings may be constructed.
CARTWAYThat area of a street within which vehicles are permitted, including travel lanes and parking areas, but not including curbs, sidewalks or swales.
CHANGE OF USEAny use which is not substantially the same as the previous use of a building, structure, property, lot or other land.
CHILD-CARE CENTERAny home or facility, by whatever name known, which is maintained for the care, development or supervision of six or more children under 13 years of age who attend for less than 24 hours a day. For a facility that is located in a sponsor's home, the State of New Jersey, Department of Human Services, or any future designated licensing agency, shall not count the children residing in the sponsor's home in determining whether the facility is serving the minimum number of children that would require it to be a licensed as a center.
CIRCULATIONSystems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLASSIFICATIONThe determination as to whether a plan is a major or a minor subdivision and/or site plan.
COMBINED PLANNING BOARDA nine member planning board with two alternates with the additional powers granted a zoning board of adjustment pursuant to N.J.S.A. 40:55D-25c.
COMMERCIAL ANTENNAEAny combination of antennae support, accessory structure, buildings and antennae, designed in whole or in part for the reception and/or transmission of radio frequency energy as part of a licensed radio, television or microwave facility employed for commercial use. This term shall include such devices as are employed by nonprofit or religious stations not licensed under amateur or CB regulations of the Federal Communications Commission. Wireless Communications Antennas are not to be construed as Commercial Antennae.
COMMERCIAL MESSAGEAny sign, wording, logo, figure, symbol, color, illumination, fixture, projection or other representation that, directly or indirectly, names, advertises or calls attention to a business product, service or other commercial activity.
COMMERCIAL VEHICLEAny motor vehicle licensed by the state as a commercial vehicle, or a vehicle qualifying as a commercial vehicle under the laws of the State of New Jersey but which has not been properly licensed as such.
COMMON FACILITIESThe facilities shall include but not be limited to facilities for the common use of two or more dwelling units such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OPEN SPACEThat open space shown on a recorded subdivision or site plan for the common use of two or more dwelling units.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESA 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 persons with head injuries 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, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq.
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 no more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase-of-service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the State of New Jersey Department of Human Services. See "developmentally disabled person" and "mentally ill person."
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by the New Jersey Department of Human Services pursuant to N.J.S.A. 30:14-1 through 30:14-14, providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons which have been the 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.
CONCEPT PLANAn informal presentation and attendant documentation of a proposed subdivision or site plan which is without legal standing but which is intended to allow the applicant to receive suggestions from the Combined Planning Board or the Site Plan Review Committee of said Board.
CONDITIONAL USEA 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 Combined Planning Board upon an application being filed, and public hearing being heard, before the same.
CONTIGUOUSNext to, abutting or touching and having at least some common boundary line.
COUNTY MASTER PLANA composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARDThe Planning Board of Gloucester county, as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
COVERAGESee "building coverage/area" or "lot coverage."
CURBA stone or concrete boundary usually marking the edge of the roadway or paved area.
"C" VARIANCEA variance prescribed by and cognizable under N.J.S.A. 40:55D-70c.
DAYSCalendar days, including weekend and holidays.
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DENSITY FACILITYA detention basin or alternative structure designed to temporarily retain stormwater runoff.
DESIGN STANDARDSThe standards contained herein, which set forth the specifications or required improvements.
DETENTION BASINAn embankment and associated space for impoundment of water or, alternately, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily retain stormwater runoff to impede its flow and to release the same gradually, at a rate not greater than that prior to development of the property, into natural or constructed outlets.
DEVELOPERThe legal or beneficial owner or owners of a lot or 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.
DEVELOPMENTThe 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 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 this chapter. For purposes of stormwater management, "development" is any site plan or subdivision plan proposing an activity that will ultimately cover one or more acres of land with additional impervious surfaces.
DEVELOPMENT REGULATIONA zoning, subdivision, site plan, official map or other regulation and/or ordinance governing the use and activity of land, or any amendment thereto, adopted and filed pursuant to this chapter.
DIRECT ILLUMINATIONA means of lighting a sign or other object by means of a light source located within or directly upon the object to be lit.
DISTRICTA part, zone or geographic area within the Borough of Wenonah within which certain zoning or development regulations apply.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means, including the control of runoff to minimize erosion and sedimentation during and after construction or development; as a means necessary for water supply preservation or prevention or alleviation of flooding; to ensure the adequacy of existing and proposed culverts and bridges; to induce water recharge into the ground where practical; to lessen nonpoint pollution; and to maintain the integrity of stream channels for their biological functions as well as for drainage.
DRAINAGE AND UTILITY RIGHT-OF-WAYThe lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainageways and other utilities.
DRAINAGEWAYAny natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water flows.
DRIVEWAYA private roadway providing access for vehicles to a parking space, garage, building, or other structure.
DUPLEXSee "dwelling, two-family."
DWELLING(2) TWO-FAMILYA building on a lot designed and occupied exclusively as a residence for two families.
(3) MULTI-FAMILYA building on a lot designed and occupied exclusively as a residence for three or more families.
(4) SINGLE-FAMILY ATTACHEDA building on a lot, designed and occupied exclusively as a residence, which has one or more party walls in common with adjacent buildings.
"D" VARIANCEA variance prescribed by, or cognizable under, N.J.S.A. 40:55D-70d.
EASEMENTA grant of one or more of the property rights of a property owner to and/for the use of the public, a corporation, or another person, property owner or entity.
ELEVATIONA vertical distance above or below a fixed reference level, or a flat scale drawing of the front, rear or side of a building.
ENCROACHMENTAny building, structure or obstruction in or on a delineated floodway, right-of-way, or adjacent land.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXISTING USEThe use of a lot or structure at the time of the enactment of the Wenonah Land Use Ordinance.
FAÇADEThe exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAMILYAny number of persons living together as a single housekeeping unit.
FAMILY DAY-CARE HOMEAn accessory use provided in a private residence of a family day-care provider which is registered with an approved by the New Jersey Division of Youth and Family Services or an organization with which the division contracts for family day care as a family day-care home, pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.) A family day-care home is an accessory use, shall be considered a home occupation and shall not be subject to more stringent restrictions than exist or apply to all other home occupations in the particular residential zone in which it is located. The child-care services regularly provided in a family day-care home serve no less than three nor more than five children for a period of time of no less than 15 hours per week nor more than 18 hours within a single day. The limitation on the number of children for whom day-care service is provided shall not include children who are legally related to the service provider or who are 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. See also the definition of "child-care center."
FENCEA structure usually made of posts, bricks, boards, rails, wrought iron, etc., and serving as an enclosure, barrier or boundary, including walls or screens, which are man-made. Excluded from the definition of "fences" are temporary planting enclosures intended for weather protection.
FINAL APPROVALThe official action of the Combined Planning Board taken on a preliminarily 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 approval conditioned upon the posting of such guarantees.
FINAL PLATThe map or maps of a subdivision application for which final approval is sought pursuant to this chapter.
FINISHED ELEVATIONThe elevation of the land surface of a site after completion of all site preparation work.
FLOOD FRINGE AREAThat portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREAThe floodway and flood fringe areas determined or delineated by the Department of Environmental Protection, under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c. 359).
FLOODPLAINThe channel and relatively flat area adjoining the channel of a natural stream or river, which has been or may be covered by floodwater. For purposes of stormwater management, "floodplain" shall mean the flood hazard areas of delineated streams and areas inundated by the 100-year flood in nondelineated areas.
FLOODWAYThe channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of such stream or river.
FLOOR AREA RATIOThe sum of the area of all floors of buildings or structures intended for occupancy compared to the total area of the site.
FRESHWATER WETLANDSAn 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; provided, however, that the delineation of the "wetlands" shall use the three parameter approach (that is, hydrology, soils and vegetation) which is acceptable to the New Jersey Department of Environmental Protection and Energy or the United States Army Corps of Engineers, whichever shall have primary jurisdiction.
FRONTAGEThe lineal measure of the distance of the property line of a lot on which a residence or principal structure generally faces or, in the case of a vacation lot, the lineal measure of the distance of the property line of a lot on which a proposed residence or principal will face, as measured by the full width of said lot and running parallel to (abutting) a street line or right-of-way.
GARAGEA building or structure or part thereof used or intended to be used for the parking and storage of vehicles.
GRADEThe degree of rise or descent of a sloping surface.
GROSS FLOOR AREAThe sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than 6.5 feet.
GROUND COVERGrasses or other plants grown to keep soil from eroding.
HAM RADIO/CITIZENS BAND ANTENNAAny antenna erected and used in concert with amateur communications equipment utilizing HF, VHF and/or UHF bands, as permitted and licensed by the Federal Communications Commission, and as further regulated in this chapter.
HOME OCCUPATION, MAJORA lawful economic activity constituting, either partially or wholly, the livelihood of a person, which is conducted as an accessory use in that person's principal residence and permitted conditionally upon approval of the Combined Planning Board, only when such activity conforms to the specific standards of this chapter.
HOME OCCUPATION, MINORA lawful economic activity constituting, either partially or wholly, the livelihood of a person, which is conducted as an accessory use in that person's principal residence and conforms to the specific standards of this chapter, as found in residential districts.
IMPERVIOUS COVERAGEAny material which prevents the absorption of stormwater and reduces the percolation rate of previously undeveloped land to less than one inch in 120 minutes.
IMPERVIOUS SURFACEAny material which reduces and/or prevents the absorption of stormwater into previously undeveloped land. This includes buildings, driveways, sidewalks, swimming pools, and similar surfaces.
INFILTRATION BASINA detention facility designed to infiltrate retained water to the subsurface and which is not an injection well.
INTERESTED PARTYIn a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Borough, whose right to use, acquire, or enjoy property under this chapter, or under any other law of the State of New Jersey or of the United States, has been denied, violated or infringed by an action or a failure to act under this chapter.
JUNK YARDAny area or structure used or intended to be used for the operation of a business of selling, buying, storing, dismantling, or trading in used and discarded metal, glass, paper, cordage, vehicles, machinery, used or disabled fixtures, or equipment of any kind.
LANDThe ground and improvements and fixtures on, above or below the surface of the ground.
LANDSCAPEThe addition or retention of lawns, trees, plants and other natural and decorative features to the land.
LOTA designated parcel, tractor area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. Contiguous "undersized" lots under the same ownership shall be considered as merged into one lot. No portion of an existing public street shall be included in calculating a lot boundary or lot area.
LOT AREAThe total square footage of land within the lot lines of a lot, exclusive of any area within a street right-of-way. The "minimum lot area" shall be the smallest lot area established within this chapter on which a use, or upon which a building, residence or other structure, may be located in a particular zone.
LOT COVERAGEThat portion of the lot that is covered by buildings and structures.
LOT DEPTHThe distance measured from the front lot line to the rear lot line.
LOT LINE (REAR)The line opposite and most distant from the front lot line. In the case of a corner lot, the rear lot line shall be that line which is directly opposite the shortest of the two front lot lines. Where both front lot lines are equal in length, the landowner may choose which line shall be considered the rear lot line. In the case of a triangular or otherwise irregularly shaped lot, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT WIDTHThe length of a line at right angles to the axis of the lot at a distance equal to the minimum required building setback line for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
LOT, CORNERA lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less. Corner lots shall be recognized as having two front yards, one rear yard, and one side yard, all of which shall be subject to the respective setback requirements of that zone.
LOW-INCOME HOUSEHOLDA household with a gross annual income of 50% or less than the median household income in the county, adjusted for family size.
MAINTENANCE GUARANTEEAny security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, i.e., involving three or more lots and/or the other limitations as set forth in the definition below.
MASTER PLANA composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MENTALLY ILL PERSONA person who is afflicted with a mental illness, as defined in N.J.S.A. 30:4-27.2, but not including a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
MINOR SITE PLANA development plan of one or more lots which proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of P.L. 1975, c. 291, N.J.S.A. 40:55D-42; and contains the information reasonable required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
MINOR SUBDIVISIONA subdivision of land containing not more than two lots and which does not involve: 1) the creation of more than the maximum number of lots specifically permitted by ordinance as a minor subdivision; 2) planned development; 3) any new street; or 4) extension of any off-tract improvement.
MODERATE-INCOME HOUSEHOLDA household with a gross annual income equal to or less than 80% and greater than 50% of the median household income in the county, adjusted for family size.
MOTOR VEHICLE SERVICE STATIONAny building, land area, or portion thereof used or intended to be used for the retail dispensing or sale of vehicular fuels, minor mechanical repair, and the retail sale or installation of automobile parts and accessories, but not including automobile body shop, painting, or welding, or similar major repairs.
MUNICIPAL AGENCYThe Combined Planning Board and/or the Mayor and Council of the Borough of Wenonah.
NONCONFORMING BUILDING OR STRUCTUREA building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING LOTA use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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.
NONPOINT SOURCE POLLUTIONPollution from any source other than from any discernible, confined and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silviculture mining, construction, subsurface disposal and urban runoff sources.
NUISANCEAn interference with the enjoyment and use of a property.
OFF SITELocated 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 the closest half of the street right-of-way abutting the property of which the lot is a part.
OFF TRACTNot located on a property which is the subject of a development application, or on a contiguous portion of a street or right-of-way.
OFFICIAL MAPA map adopted by ordinance of the governing body pursuant to Article 5 of P.L. 1975, Chapter 291 (N.J.S.A. 40:55D-32 et seq.) showing the location and width of streets, drainage ways, easements, or other existing or proposed public improvements.
ON SITELocated on the lot in question and excluding any abutting street or right-of-way.
ON TRACTLocated on a property which is the subject of a development application, or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OVERHANGThe part of a roof or wall which extends beyond the face of a lower wall; or the portion of a vehicle beyond the wheel stops or curb.
OWNERAny individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop the same under this chapter.
PARKING SPACE, OFF-STREETA temporary storage area for a motor vehicle that is directly accessible to an access aisle and which is not located on a dedicated street right-of-way. An area either within a structure or in the open, exclusive of driveways, access drives and fire lanes, except that nothing shall prohibit private driveways for dwelling units from being considered as off-street parking areas, provided that no portion of such public driveway within the right-of-way line of the street intersected by such driveway shall be considered an "off-street parking space."
PAVEMENTBrick stone concrete or asphalt placed on the surface of the land; or that part of a street having an improved surface.
"PERC" or PERCOLATION TESTA rough test designed to determine the ability of ground to absorb water, which is used to test, among other matters, the suitability of a soil for the use and design of a septic system.
PERFORMANCE GUARANTEEA 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, letters of credit, escrow agreements and other similar collateral or surety agreements, provided that the Borough shall not require more than 10% of the total performance guarantee in cash.
PERMITA written and signed license, warrant, or other document issued by a person in authority, empowering the grantee to do some act not forbidden by law pursuant to this chapter, but not otherwise allowable without such authority. Any permit issued outside the ambit of authority of the issuing person, or where issued due to mistake or on reliance of inaccurate or fraudulent information rendered by the grantee, shall be considered null and void.
PERMITTED USEAny use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONA corporation, company, associates, society, firm, partnership, or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof.
PERSON WITH HEAD INJURYAny person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
PERVIOUS SURFACEAny material that permits full or partial absorption of stormwater.
PLACE OF RELIGIOUS WORSHIPA building or structure or groups of buildings or structures which, by design and construction, are primarily intended for the conducting of religious services and accessory uses associated therewith.
PLATThe map or maps of a subdivision or site plan.
PRELIMINARY APPROVALThe conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Combined Planning Board.
PRELIMINARY PLAT OR SITE PLANThe preliminary map indicating the proposed layout of a subdivision or site plan which is being submitted for consideration and preliminary approval.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot or other property on which it is located.
PRINCIPAL USEThe main purpose for which a lot or other piece of property, or a structure or building, is used.
PRIVATE GARAGEAn accessory building used for the storage of motor vehicles which may include one commercial vehicle owned and used by the owner or tenant of the premises, and for the storage of not more than two private, noncommercial vehicles owned and used by persons other than the owner or tenant of the premises.
PROFESSIONAL OFFICEA building for the conduct of business for a physician, dentist or other licensed practitioner of the healing arts or an engineer, architect, planner, lawyer, private consulting business, or a member of a recognized professional occupation as so designated in Title 45 of the New Jersey Statutes Annotated. Specifically excluded from the definition of a professional occupation entitled to use of an office in a professional office zone is a barber, artist, beautician, musician, plumber, electrician, or a carpenter, laborer, or such similar occupations where formal state licensing and/or certification is not required.
PUBLIC AREAS(1) Public parks, playgrounds, trails, paths and other recreational areas;
(2) Other public open spaces;
(3) Scenic and historic sites; and
(4) Sites for schools and other public buildings and structures.
PUBLIC GARAGEA building not a private garage used for the storage, repair or servicing of motor vehicles of any type of ownership.
PUBLIC PURPOSE USEThe use of land or buildings by the Borough Council or other officially created authority or agency of government.
QUORUMThe majority of the full authorized membership of a municipal agency.
RADIO ANTENNASAntennas used for the reception of radio frequency transmissions of the type used in noncommercial applications and as further regulated in §
72-711Q herein.
RE-SUBDIVISION(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.
RECHARGEThe replenishment of underground water reserves.
RECREATION, ACTIVELeisure-time activities, usually of a more formal or organized nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.
RESTAURANTAny establishment, however designated, at which food is sold primarily for consumption on the premises and within a building. A snack bar or refreshment stand at a public or community swimming pool, playground, playfield, or park, operated solely by an agency or group, be it governmental or nonprofit, operating the recreational facility and for the conveniences of the patrons of such facility, shall not be deemed a "restaurant" for the zoning purposes of this chapter.
RETAINING WALLA structure erected between lands of different elevation to protect structures and/or to prevent the erosion of earth from the upper slope.
RETENTION BASIN (POND)A constructed or natural water collector used for the permanent storage of water runoff.
REZONETo change the zoning classification of particular lots, parcels of land, or sections of the Borough of Wenonah.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, proscription, or condemnation, and intended to be occupied or actually occupied by a road, sidewalk, railroad, electric transmission line, oil or gas pipeline, waterline, sanitary storm sewer, or other similar uses.
SATELLITE DISH ANTENNAA structure designated and intended for use in the reception of radio and television communications, which are relayed by means of an earth satellite. A satellite dish antenna is not a "wireless communications antenna" as set forth in this chapter.
SCHOOLAny building or part thereof which is designed, constructed or used for education or instruction in any formal branch of knowledge.
SCHOOL, ELEMENTARYAny school licensed by the State of New Jersey and which meets the state requirements for elementary education.
SCHOOL, PRIVATEAny building or groups of buildings the use of which meets state requirements for the primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency or source.
SCREENINGA method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SEDIMENTATIONThe disposition of silt that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACKThe perpendicular distance between a right-of-way (street) line or property line and the closest point of any building, structure or other improvement as specified by this chapter. In the case of a curved right-of-way (street) line and/or property line, the setback shall be measured horizontally and at right angles to the tangent lines of said right-of-way (street) line and/or property line.
SETBACK LINEA line drawn parallel to a street line or a lot line that is equal to the plan of a building or structure 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, within which a building or structure, or a part of a building or structure, is not permitted.
SIDEWALKA paved or surfaced area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGNAny 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, produce, service, event, location, expression of an idea, statement, support of a political candidate or referendum question by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
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 necessarily limited to, topography, vegetation, drainage, floodplains, marches 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; 3) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SITE PLAN REVIEWThe examination of a specific development plat for a lot or tract of land. Whenever the term "site plan approval" is used in this chapter, it shall be understood to require that a site plan receive formal review and approval by the Combined Planning Board upon application thereto. Nothing herein, however, shall prevent an applicant from first receiving an informal review of a site plan before the Site Plan Review Committee of the Combined Planning Board, either upon the request of an applicant or by direction of the Combined Planning Board.
SITE PLAN, MINORA site plan of one or more lots which:
(1) Does not propose a new building in excess of 5,000 gross square feet.
(2) Does not propose an addition in excess of 5,000 gross square feet.
(3) Does not disturb more than 5,000 square feet of land area.
(4) Requires 10 or fewer off-street parking spaces.
(5) Is not a planned development as defined by N.J.S.A. 40:55D-1 et seq.
(6) Does not involve the extension of any new street or off-tract improvement.
(7) Contains information sufficient to make an informed decision as to whether the requirements established by this chapter for the approval of a minor site plan have been met.
SPOILDirt or rock that has been removed from its original location or materials that have been dredged from the bottoms of waterways.
STORYThat portion of a building between the surface of any floor above grade and the surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purposes of this chapter, the interior of the roof shall not be considered a ceiling. 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.
STREAMA watercourse having a source and terminus, banks and channel through which waters flow at least periodically.
STREETAny street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning 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, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
STREET LINEThe dividing line between a lot and a street; the right-of-way line.
STREET, MAJOR ARTERIALA street with access control, channelized intersections, restricted parking and which collects and distributes traffic to and from minor arterials.
STREET, MINOR ARTERIALA street with stop signs and which collects and distributes traffic to and from collector streets.
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.
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 Combined Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger;
(2) Divisions of property by testamentary or intestate provisions;
(3) Division of property upon court order; and
(4) Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "re-subdivision."
SUBDIVISION AND SITE PLAN COMMITTEE or SITE PLAN REVIEW COMMITTEEA committee of at least three members and no more than four members of the Combined Planning Board, including alternates, appointed by the Chairman of the Board but which shall never meet in such number as to constitute a quorum of the Combined Planning Board, for the purpose of classifying subdivisions in accordance with the provisions of this chapter, reviewing subdivisions and site plans, informal review of applications for development, and such other duties relating to land subdivision and site plans which may be conferred on this committee by the Board.
TELEVISION ANTENNASAntennas used for the reception of television frequency transmissions of the type used in noncommercial applications and as further regulated in §
72-711Q herein.
TOPOGRAPHYThe configuration of a surface area showing relative elevations.
TRACTAn area, parcel, site, piece of land, or property, which is the subject of an application for development.
TRAILERA vehicle used for living or sleeping purposes or a vehicle whose motive power is by a separate tractor or motor-impelled vehicle.
TRANSCRIPTA typed or printed verbatim record of the proceedings, or reproduction thereof, of a public hearing on an application for development or other form of relief, before the Combined Planning Board.
USEThe specific purpose for which land or a building is destined, arranged, intended, or for which it is or may be occupied or maintained.
VARIANCEFormal permission to depart from the literal requirements of a zoning regulation when obtained pursuant to regulations and procedures contained in this chapter and N.J.S.A. 40:55D-1 et seq. upon proper application to the Combined Planning Board.
VEHICLE, MOTORA self-propelled device used for the transportation of people or good over land surfaces and licensed as a motor vehicle.
WATERCOURSEAny natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks.
WET BASINA detention basin designed to retain some water on a permanent basis.
WETLANDSAn 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; provided, however, that the delineation of such "wetlands" shall use a three-parameter approach involving hydrology, soils, and vegetation, and which shall be acceptable to the New Jersey Department of Environmental Protection or the United States Army Corps of Engineers, whichever shall have primary jurisdiction.
WIRELESS COMMUNICATIONS ANTENNASDevices which are used for the transmission and reception of wave frequencies for the purpose of any wireless communications device (e.g., telephone, data, radio, paging and/or television communications, etc.), and which are permitted as a "conditional use" only within a specified institutional district, along with specific zoning conditions and standards for their placement, location, construction and operation, as is further set forth herein. For the purposes of this chapter, "wireless communications antennas" shall not be considered a public utility.
YARDAn open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically permitted in this chanter.
YARD, FRONTAn open space extending across the full width of the lot between the closest point of any building and the street line, as measured perpendicular to a straight street line or the tangent lines of a curved street line. In the case of a corner lot, each yard with frontage on a street shall be considered a front yard and shall be subject to the front yard setback for the respective zone. Such "front yard" shall be unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter or which may lawfully exist as natural or planned vegetation, trees, landscaping, etc.
YARD, REARAn open space extending across the full width of the lot between the closest point of any building and the rear lot line, as measured perpendicular to a straight rear lot line or the tangent lines of a curved rear line.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building and the side lot line. The width of the required side yard shall be measured as the perpendicular distance between the closest point of the principal building and either a straight side lot line or the tangent lines of a curved side lot line.
ZONE or ZONING DISTRICTA defined area so indicated on the officially adopted Zoning Map of the Borough of Wenonah subjecting the land to the specific requirements so stipulated in this chapter.
ZONING MAPThe map or maps adopted by the Borough of Wenonah governing body that designates districts for the purposes of zoning, pursuant to Article 8 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
ZONING PERMITA document signed by the Zoning Enforcement Officer or other authorized administrative officer which:
(1) Is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure of building; and
(2) Acknowledges that such use, structure or variance therefrom is duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and/or N.J.S.A. 40:55D-70.