This chapter may be cited and referred to as the "Municipal Land Use Ordinance of the Township of South Brunswick." (Code 1988, § 175-1)
It is the intent and purpose of this chapter to:
(1) Guide the appropriate use or development of ail lands in this township in a manner which will promote the public health, safety, morals and general welfare.
(2) Secure safety from fire, flood, panic and other natural and manmade disasters.
(3) Provide adequate light, air and open space.
(4) Ensure that the development of this township does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
(5) Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and to preservation of the environment.
(6) Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
(7) Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all citizens of the township.
(8) Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
(9) Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
(10) Promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
(11) Encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
(12) Encourage senior citizen community housing construction.
(13) Encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
(14) Encourage the control of surface water runoff and encourage the control of soil erosion and sedimentation and prevent flooding and other damage to land.
(15) Encourage variety in housing, including adequate provisions for low- and moderate income housing.
(16) Encourage a higher percentage of public transit and pedestrian and bicycle trips, while encouraging a relative decrease in the number and length of automobile trips.
(17) Satisfy the township's obligation to provide for its fair share of the regional need for lower-income housing.
(18) Promote the utilization of renewable energy sources.
(19) Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to complement municipal recycling programs. (Code 1988, § 175-2)
The following words, terms and phrases, when used in this chapter, shall have the meanings indicated in this section, except where the context clearly indicates a different meaning:
ACID SOIL means a soil which, upon exposure to the atmosphere, becomes more acid and, as a result of its composition, continues to release additional acidity to surrounding soils, percolating groundwater and runoff water.
ACTIVE RECREATIONAL FACILITIES means areas used for or designed for uses, including but not limited to athletics, horseback riding, or aquatic activities.
ACTIVITY means the type of business or use conducted upon a parcel of land.
ADMINISTRATIVE OFFICER means the director of planning and development, unless a different municipal officer is designated.
ADVERTISING SIGN means graphics which direct attention to an individual, business, product, commodity or service conducted, sold or offered elsewhere than on the premises where the sign is located.
AFFORDABLE HOUSING means any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing as set forth in N.J.A.C. 5:92-1.2.
AFFORDABLE HOUSING ADVISORY COMMISSION means the authority referred to in chapter 2, article V, division 2, or its designee.
AFFORDABLE HOUSING AGREEMENT means the written agreement between the affordable housing advisory commission and the owner of an affordable housing unit which places restrictions on affordable housing units so that they remain affordable to and occupied by low- and moderate-income households for the period of time specified in the agreement.
ALTERATION OF A BUILDING OR STRUCTURE means a change in the supporting members of a building or structure; an addition, diminution or conversion of a building or a part thereof; or removal of a building from one location to another.
ANIMATED SIGN means any graphic which displays moving parts or which is lighted on an intermittent or flashing circuit.
APPLICANT means a developer or owner submitting an application for development.
APPLICATION FOR DEVELOPMENT means the application form and all accompanying documents required by this chapter for approval of a sketch plat, preliminary major subdivision, final major subdivision, preliminary site plan, final site plan, planned residential development, conditional use, zoning variance or direction of the issuance of a permit pursuant to sections 62-83(h)(2) and (3) and 62-114(d).
APPLICATION FOR REZONING means an application for any change or adjustment to an existing land use zone designation.
APPROVING AUTHORITY means the planning board, the zoning board of adjustment or the township council, when acting pursuant to the authority of this chapter, unless a different agency is designated by this chapter.
AQUATIC ACTIVITIES means any activity, whether instructional or recreational, occurring in, on or near a body of water.
ATTRACTION BOARD means a sign so constructed that all letters and/or other advertising material can be readily interchanged.
AUTOMOBILE SERVICE STATION means any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
BANNERS AND PENNANTS mean advertising devices affixed to poles, wires or ropes so as to allow movement of the sign caused by movement of the atmosphere.
BASEMENT means an interior space or a portion of an interior space having a floor level more than two feet below the outside elevation of ground at the foundation wall and having a ceiling height of not less than seven feet.
BIKEWAY means any path separate from vehicular travel or a route clearly defined along a public right-of-way for exclusive use by bicycles.
BILLBOARD means a sign which advertises goods, products, services or facilities not conducted upon the premises where the sign is located.
BOARD OF ADJUSTMENT means the board established pursuant to section 62-106.
BOARDER AND ROOMER mean a person who is not related to the head of the household and who pays for the privilege of boarding or rooming.
BUILDING means a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING, ACCESSORY , means a building devoted exclusively to a use incidental and subordinate to the principal use of the lot. Where the principal use is nonagricultural, it shall also mean a building on the same lot as a principal building.
BUILDING, ATTACHED , means a principal building separated from another building on one or more sides by either a vertical party wall or by solid contiguous walls without any sidewalls.
BUILDING, COMMUNITY , means a building for civic, social, educational, cultural or recreational activities for a neighborhood or community which is not operated primarily for monetary gain.
CAMP, CHILDREN'S DAY , means any land, including any building or structure thereon, used for any regular assembly of campers for programmed activities providing for creative, recreational or educational opportunities utilizing trained leadership and the resources of the natural surroundings.
CAMPER means an individual, age 18 and younger, attending a children's day camp.
CAPITAL IMPROVEMENT means a governmental acquisition of real property or major construction project.
CARGO CONTAINER means a premanufactured storage facility designed to hold or enclose commodities, be carried on a motor vehicle, and be transported by rail car or ship.
CHANGE IN USE REQUIRING A VARIANCE means a change from a permitted use to one not permitted under the zoning provisions of this chapter.
CIRCULATION means systems, 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.
COMMON OPEN SPACE means an 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 complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION means an application form completed as specified by this chapter and the rules and regulations of the board or agency before which the application is to be presented and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the board or agency may require such additional information not specified in this chapter or any revisions in 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 in the accompanying documents so required by the municipal board or agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal board or agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USE means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the provisions of this chapter and upon the issuance of an authorization therefor by the planning board.
CONGREGATE CARE means housing that provides an assisted independent living environment that offers elderly, disabled and handicapped persons who may be functionally impaired or socially deprived, but in good health (not acutely physically ill), private or semiprivate residential accommodations; central dining facilities; and support services such as housekeeping, health, personal hygiene, transportation, and social and recreational activities. In order to qualify as a low- and moderate-income unit pursuant to the township housing element and fair share plan, "congregate care" housing shall be:
(1) Available to the general public.
(2) Within a range of affordability to low- and moderate-income persons.
(3) Restricted by deed or other binding legal instrument to ensure the specified number of units, pursuant to table I in section 62-1039, within the facility will remain affordable to low- and moderate-income persons.
CONSTRUCTION TRAILER means a trailer used as a temporary office or for the storage of materials, objects or goods, related to the on-site construction. Such trailers shall not be used as living quarters at any time.
CONVENTIONAL means development other than planned development. Council means the state council on affordable housing.
COUNTY MASTER PLAN means a composite of the master plan for the physical development of the county, 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 40:27-4.
COUNTY PLANNING BOARD means the Middlesex County planning board.
CRITICAL SLOPE means a steep topographic incline or depression of land having a slope of 12 percent or greater.
DAYS means calendar days.
DENSITY means the permitted number of dwelling units per gross acre of land to be developed.
DEVELOPER means the legal or beneficial owner 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.
DEVELOPMENT means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DEVELOPMENT FEE means money paid by an individual, person, partnership, association, company, or corporation for the improvement of property as permitted in the township council's rules.
DISCHARGE means the volume of water flowing past a given point per unit of time and which is measured in cubic feet per second.
DISCOUNT CLUB means a store offering merchandise for sale at less than usual retail prices, and requiring persons to join and pay an annual fee.
DISTURBANCE means any activity which involves the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
DRAINAGE means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to ensure 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 or prevention or alleviation of flooding.
DRAINAGEWAY means any watercourse, trench, ditch, depression or other hollow space in ground, natural or artificial, which collects or disperses surface water from land.
DWELLING, SINGLE-FAMILY OFFSET , means a detached single-family dwelling aligned so that there is a variation in the side yard setback designed to maximize utility of one of the side yards.
DWELLING, SINGLE-FAMILY SEMIDETACHED , means a single-family dwelling separated from only one adjacent dwelling by a party wall, the party wall of which falls on the common property line between the two dwellings.
DWELLING, TWO-FAMILY , means a structure containing not more than two dwelling units located on a single Mt.
DWELLING UNIT means a building or part thereof, having cooking and sanitary facilities, occupied or intended to be occupied exclusively for residential purposes by one family.
DWELLING UNITS, AUTHORIZED , means the sum total of all dwelling units for which building permits have been issued and for which new mobile home licenses have been granted over the prior five-calendar-year period.
ENVIRONMENTAL COMMISSION means the municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
EQUALIZED ASSESSED VALUE means the value of a property determined by the tax assessor through a process designed to ensure that all property in the township is assessed at the same assessment ratio required by law.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXEMPT TRANSACTION means the following nonsales title transactions: the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order. All other title transfers shall be nonexempt.
FAMILY means one or more persons living as a single nonprofit, except as permitted by statute, housekeeping unit.
FARMING means the use of land for agricultural or horticultural use or for raising poultry or domestic livestock.
FAST FOOD RESTAURANT means a restaurant which:
(1) Is primarily designed for over-the-counter sale of ready-to-eat foods and beverages in disposable containers from a limited, standardized menu. The food so served is intended for immediate consumption by the purchaser;
(2) Sells food through a drive-through service window; or (3) Does not have waiter/waitress service at dining tables.
Retail food stores selling foods in bulk primarily for preparation or consumption off the premises, such as delicatessens, bakeries, or dairy stores, shall not be deemed to be fast food restaurants simply because of incidental sales of individual portions for immediate consumption.
FENCE means a structure which encloses or borders a field or yard.
FINAL APPROVAL means the official action of the planning board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FLOODWAY FRINGE (100-YEAR FLOOD ZONE) means an area which is outside the floodway and is flooded with an average frequency of one or more times each 100 years as determined by the Federal Emergency Management Agency (FEMA) and flood insurance rate maps (FIRM).
FLOOR AREA RATIO means the gross floor area of all buildings or structures on a lot divided by the total lot area. Basements shall be included in the gross floor area where 50% or more of any outside basement wall is above grade.
GENERAL DEVELOPMENT PLAN means a comprehensive plan for the development of a planned development, as provided in section 62-159.
GLARE means the sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance or visibility.
GOLF COURSE means an area of 75 or more acres containing at least nine holes, together with necessary and usual accessory uses and structures, including but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, provided that the operation of the facilities is incidental and subordinate to the operation of the golf course.
GOVERNING BODY means the township council for the township.
GROSS DENSITY means the total number of dwelling units existing or permitted on a housing site divided by the total area of the tract. The result is expressed as dwelling units per acre. When the word "density" is used without a qualifier, it shall be construed to mean "gross density."
GROSS FLOOR AREA means the area measured from external dimensions of a building, exclusive of floor areas which have a ceiling height of less than seven feet, basements, porches, garages, carports, breezeways, patios, terraces, storage areas other than closets, furnaces and other mechanical areas.
GROUND SIGN means a freestanding sign detached from any building.
HEIGHT means the vertical distance from the average ground elevation around the foundation to the level of the highest point of the structure.
HISTORIC SITE means any real property, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
HOME OCCUPATION means a personal service occupation, such as dressmaking, millinery and home cooking operations that comply with the New Jersey State Food Code, conducted by the occupant of a dwelling unit in that unit or in an accessory building, in an area equivalent to no more than 35 percent of the area of the first floor of the residence and where no display of products is made visible from the street.
HOME PROFESSIONAL OFFICE means an office or studio of a resident self-employed licensed professional person, unless excluded below, in which no more than two employees are nonoccupants of the dwelling unit and where the office is in the main building or an equivalent of 25 percent of the area of the first floor of the principle building. For the purpose of this chapter, the following shall not be deemed to be resident self-employed licensed professional persons: dancing instructors, teachers of singing or of musical instruments, unless such instruction is given to a single pupil at a time, tearoom operators, tourist home operators, beauticians, barbers, hairdressers, manicurists, real estate brokers, or salespersons, convalescent home operators, morticians, store owners, shopkeepers, tradepersons, business persons of any kind and teachers of academic or scientific subjects, unless such instruction is given to a single pupil at a time.
**Webmasters Note: The previous definitions, Affordable Housing Advisory Commission through Home Professional Office, have been amended as per Supplement No. 23.
HOSPITAL means any building containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments.
IMPROVEMENT means street paving and the widening, extension or modification of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances, drainage structures, culverts, fire hydrants, driveways, sanitary sewers, water mains or appurtenances, gutters, street signs, street lighting, retaining walls and the like.
INCLUSIONARY DEVELOPMENT means a residential housing development in which a substantial percentage of the housing units is provided for a reasonable income range of low- and moderate-income households.
INCOME CEILING means 80 percent of the regional median income for moderate-income households and 50 percent of the regional median income for low-income households.
INDIRECT LIGHTING means lighting set apart from, but directed towards, the surface of a sign.
INSTITUTIONAL USE means a nonprofit public use or a use by a public or quasipublic institution, such as a church, academic institution, library or hospital.
INTERESTED PARTY means:
(1) In a criminal or quasicriminal proceeding, any citizen of the state.
(2) In a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the township, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
INTERIOR LIGHTING means lighting which illuminates a sign from behind the lettering or from inside the sign structure.
JUNK means any secondhand, discarded or unused waste material of any type, including iron, metal, glass, paper, rags, clothes, machines, more than two unregistered motor vehicles incapable of normal operation, used parts or accessories of motor vehicles and all other materials commonly or generally known as junk in the ordinary meaning of the word.
JUNKYARD means any land or parcel thereof on which junk is collected, placed or stored, not within a closed and roofed building, for any purpose whatsoever, including the storage of more than two unregistered motor vehicles incapable of normal operation incidental to any auto body and auto repair shop.
LAND means any ground, soil or earth, including sandy areas, marshes, swamps, drainageways and areas not permanently covered by water. The term "land" includes improvements and fixtures on, above or below the surface.
LIGHT INDUSTRY means a land use where the only activity involved is one of the fabricating or the assembling of standardized parts, as contrasted to a processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material.
LOADING SPACE means an offstreet space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.
LOT means a 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 AREA means the total area, measured in square feet or acres, of a lot, and shall not include the following:
(3) Any land shown within a street right-of-way on the master plan or official map of the township.
(4) Any land lying beyond the maximum permitted depth for lots in the zoning district of the township in which the lot is situated.
LOT, CORNER , means the lot at the junction of and abutting on two or more streets where the interior angle of intersection does not exceed 135 degrees.
LOT DEPTH means a mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT FRONTAGE means the horizontal distance between the side lot lines, measured along the street line.
LOT WIDTH means the horizontal distance between the side lot lines, measured along the street line or at the required setback line.
LOWER-INCOME HOUSING means the sum of all categories of housing subject to the price and occupancy requirements of division 14 of article IV of this chapter, including low-income and moderate-income housing.
LOW-INCOME HOUSEHOLD means a household whose income does not exceed 50 percent of the regional median income, with adjustments for household size, as determined by the affordable housing advisory commission.
LOW-INCOME HOUSING means housing affordable according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and subject to affordability controls.
MAINTENANCE GUARANTEE means any security which may be accepted by the township for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MAJOR PROJECT means any site plan or subdivision to be located within zone A or zone B of lands subject to regulation by the Delaware and Raritan Canal Commission of the state which involves construction or redevelopment of 25 or more dwelling units or will cover one acre or more of land with impervious surfaces or will involve any of the following uses:
(1) Livestock pens, corrals or feedlots;
(2) Pipelines, storage or distribution systems for petroleum products or chemicals;
(3) Liquid waste storage, distribution or treatment facilities;
(4) Solid waste storage, disposition, incineration or landfill;
(5) Quarries, mines or borrow pits; or
(6) Land application of sludge or effluents.
MAJOR SPILL OR SYSTEM BREAKDOWN means any discharge of chemical waste, products or processing materials not anticipated in the ordinary course of business or of a substance, regardless of quantity, which is inherently dangerous to the public or to the environment.
MAJOR SUBDIVISION means any subdivision not classified as a minor subdivision.
MANUFACTURED HOUSING is intended to be generic and means housing which is mass-produced in a factory; designed and constructed for transportation to a site for installation and use when connected to required utilities; and comprised of an independent, individual building or modules combined with other elements to form a building on the site. The term "manufactured housing" includes any housing customarily known as modular housing.
MANUFACTURED HOUSING DEVELOPMENT means a development designed and intended for the sale of lots with or for the placement of manufactured housing and/or mobile homes for fee simple residential occupancy.
MASTER PLAN means a composite of one or more written or graphic proposals for the development of the township as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MEDIAN INCOME means the median income for the primary metropolitan statistical area in which the county is located using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household.
MINING means an extractive process involving the removal of soil, earth, sand, clay, gravel, humus, peat or other organic and mineral materials.
MINIWAREHOUSE . See Self-storage facility.
MINOR SUBDIVISION means a subdivision of land which:
(1) Contains not more than three lots which front on an existing and dedicated improved street and which are adequately drained.
(2) Does not include any land which has been subdivided within 36 months immediately preceding the subdivision application.
(3) Does not involve any new street or road.
(4) Does not involve the extension of any township facility or off-tract improvement, the cost of which is to be prorated pursuant to this chapter or N.J.S.A. 40:55D-42.
(5) Does not adversely affect the development of the remainder of the parcel or of adjoining property.
(6) Does not conflict with any provision of the master plan, official map or this chapter.
(7) Does not involve a planned development.
MOBILE HOME means a structure, transportable in one or more sections, which is at least eight feet in width, built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to the required utilities.
MODERATE-INCOME HOUSEHOLD means a household whose income is greater than 50 percent, but does not exceed 80 percent, of the regional median income, with adjustments for household size, as determined by the affordable housing advisory commission.
MODERATE-INCOME HOUSING means housing affordable according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to or more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located, and subject to affordability controls.
MULCHING means the application of plant residue or other materials to the land surface to conserve moisture, hold soil in place or aid in establishing a plant cover for land.
MULTIFAMILY DWELLING means a building, other than a townhouse, occupied or intended to be occupied exclusively for residential purposes by more than two families.
MUNICIPAL AGENCY means the planning board, the zoning board of adjustment or the township council, when acting pursuant to this chapter, and any agency which is created by or responsible to the township and one or more other municipalities when such agency is acting pursuant to this chapter.
NAMEPLATE SIGN means a nonelectric sign identifying the address, name and occupation or profession of the occupant of the premises on which the sign is located.
NATURAL DRAINAGE FLOW means the flow of surface runoff along drainageways at rates and/or velocities or in quantities typical of drainage from the land in an undisturbed natural condition.
**Webmasters Note: The previous definitions, Hospital through Natural Drainage Flow, have been amended as per Supplement No. 19.
NATURAL DRAINAGE PATTERN means the usual pre-development topographical pattern or system of drainage of surface water runoff from a particular site prior to land disturbance, including drainageways and watercourses which carry surface water only during periods of heavy rains, storms or floods.
NEON SIGN means a sign illuminated by the means of neon or other gas which produces a glowing sign.
NET DENSITY means the total number of dwelling units within any designated portion of a tract divided by the total land area of the same designated portion of the tract, excluding residential collector roadways and recreational areas, open space, wetlands, parking areas and common facilities not devoted exclusively to that portion of the tract. The result is expressed as dwelling units per acre.
NONCONFORMING LOT means a lot, the area, dimension or location of which was lawful prior to the effective date of the ordinance from which this chapter is derived, its revision or amendment, 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 STRUCTURE means a structure, the size, dimension or location of which was lawful prior to the effective date of the ordinance from which this chapter is derived, its revision or amendment, 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 USE means a use or activity which was lawful prior to the effective date of the ordinance from which this chapter is derived, its revision or amendment, 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.
NUISANCE means an unreasonable, offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, constituting a substantial invasion or disturbance of others' rights, including but not limited to an excessive or concentrated movement of noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock waves, heat, electronic or atomic radiation or liquid or gaseous objectionable effluent.
OFF SITE means located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
OFF TRACT means not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
OFFICE CENTER means one or more buildings or parts thereof designed as a unit to be occupied by one or more offices where no manufacturing, fabrication or assembly of goods is conducted.
OFFICIAL COUNTY MAP means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP means the map adopted by the township pursuant to N.J.S.A. 40:55D-32 et seq.
ON SITE means located on the lot in question and excluding any abutting street or right-of-way.
ON TRACT means located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
OPEN SPACE means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OUTDOOR SALES means the display of merchandise and transaction of business from any location other than from within a structure which has been issued a certificate of occupancy, including but not limited to the wholesale or retail purchase or sale or offer to sell or purchase any goods, wares, merchandise, service or other things of value. For the purposes of this chapter, peddlers; solicitors; mobile vendors; fixed location mobile vendors; vending machines; farm stands; pick up and discharge of passengers by taxicabs, limousines or public transit; public gatherings; yard sales; and sidewalk sales are not considered "outdoor sales" and are not subject to the regulations established in this chapter.
PARKING AREA, PRIVATE , means an open area, other than a street, intended for the same uses as a private garage.
PARKING AREA, PUBLIC , means an open area, other than a street or other public way, used for the parking of automobiles and available to the public, Whether for a fee or as an accommodation for clients or customers.
PARKING SPACE means an area of not less than ten by 20 feet served by an adequate drive and intended primarily for the parking of a motor vehicle.
PARTY IMMEDIATELY CONCERNED, FOR PURPOSES OF NOTICE , means any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 62-43.
PATIO DWELLING means a detached residential dwelling where internal private patios or yard areas are partically or completely surrounded by a fence or building wail, with each structure occupied by one family, without common walls, with other residential structures.
PATIO HOUSES OR ATRIUM HOUSES, SINGLE-FAMILY ATTACHED, means single-family attached dwelling units clustered around a common enclosed or semi-enclosed court with a minimum dimension of 24 feet on any side. In no case shall the net residential density exceed eight units per acre.
PERFORMANCE GUARANTEE means any security, which may be accepted by the township, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
PLANNED RESIDENTIAL DEVELOPMENT means an area with a specified minimum contiguous acreage of 100 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasipublic uses all primarily for the benefit of the residential development.
PLANNING BOARD means the municipal planning board established pursuant to section 62-76.
PLAT means a map of a subdivision site plan.
PREDEVELOPMENT means the condition of the site previous to any modification of the land requiring municipal agency approval.
PRELIMINARY APPROVAL means the conferral of certain rights pursuant to sections 62-153 and 62-155 prior to final approval, after specific elements of a development plan have been agreed upon by the municipal agency and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS means architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRICE DIFFERENTIAL means the total amount of the unrestricted sales price of an affordable housing unit that exceeds the maximum restricted resale price as calculated by the index after reasonable real estate broker fees have been deducted. The unrestricted sales price shall be no less than a comparable fair market price, as determined by the authority, at the time a notice of intent to sell has been received from the owner.
PUBLIC AREAS means:
(1) Public parks, playgrounds, trails, paths and other recreational areas.
(2) Other public open spaces.
(3) Scenic and historic sites.
(4) Sites for schools and other public buildings and structures.
PUBLIC DRAINAGEWAY means the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to ensure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
QUORUM means the majority of the full authorized membership of a municipal agency.
RECREATIONAL FACILITIES means a place designed and equipped for the conduct of sports and leisure time activities.
RECREATIONAL FACILITIES, PRIVATE, means a recreational facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECREATIONAL FACILITIES, PUBLIC means a recreational facility open to the general public and owned by a public agency.
REGION means the housing need region in which the township is located, which consists of the following four counties: Middlesex, Somerset, Warren and Hunterdon.
RESALE means the sale of a lot or dwelling unit after initial occupancy.
RESIDENTIAL DENSITY means the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT means an establishment where food and drink are prepared, served, and consumed primarily within the principal building.
RESUBDIVISION means:
(1) The further division or relocation of lot lines of any lot within a subdivision previously made and approved or recorded according to law.
(2) The alteration of any streets or the establishment of any new street within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
REVERSE SUBDIVISION means the combining of two or more existing lots into a single lot.
REZONING means the amendment of or other alteration to any land use zone designation in existence within the township through the legislative act of the township council proposed by a person or entities having an interest in the development of land within the township. This term shall not include any amendment or other alteration of any land use zone designation or development regulation initiated at any time by the township council or the planning board, or to an amendment initiated by any person or entity as part of the periodic re-examination of the master plan.
ROOF SIGN means a sign erected, constructed and maintained upon a roof of any building and extended above the roofline of any building.
ROOFLINE means the highest point of a structure.
RUNOFF means the flow of water collected from a drainage basin or watershed, and its rate is measured in cubic feet per second.
SALES TRAILER means a trailer used for the exchange of goods and/or property related to the on-site construction, for money or some other consideration. Such trailer shall not be used to conduct ofd tract sales or as living quarters.
