ACCESSORY APARTMENT/SUBSIDIZED A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home, or through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home through the use of public funds to an additional dwelling unit which shall be deed restricted for occupancy by and affordability to a qualified low or moderate income household in accordance with Section 13-7.826 and 13-7.830.
ACCESSORY BUILDING, STRUCTURE OR USE shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including but not limited to, antennae (including parabolic and satellite dish antennae), garages, carports, barns, decks, kennels, sheds, non-portable swimming pools, guest houses and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building. No accessory building or use shall be used for a business use conducted for profit apart from the main building or uses, except for home offices, as permitted by Ordinance.
ADMINISTRATIVE OFFICER means an official of the Township responsible for the enforcement of any provision of this Ordinance or the Official Map, or the successor to such official designated pursuant to a reorganization of the municipal administration.
ALTERATION OF STRUCTURE means a change in the supporting members of a structure, an addition, diminution, change in use or conversion of a structure or a part thereof, or removal of a structure from one location to another. This definition shall not be construed to mean that a change in use from one use permitted in a zone to another use permitted in that same zone shall be an alteration.
ADVERSE DRAINAGE CONDITION means the absence of drainage facilities, drainage easements, or drainage rights-of-way leading to, along or through a street, road, drainage structure, or property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition, which would provide adequately for storm drainage, or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property, or remove the threat of such damage.
ADVERSE EFFECT shall mean conditions or situations creating, imposing, aggravating, or leading to impractical, unsafe, or unsatisfactory conditions on a subdivider's property or any adjacent property, such as inadequate drainage rights-of way, inadequate drainage facilities, insufficient street width, or unsuitable street grades, or locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood or erosion.
AGRICULTURE means the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals, trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURE, RESIDENTIAL means the growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes.
ALLEY means a minor way which is used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
ANIMAL HOSPITAL means a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be accessory and incidental to such hospital use.
ANIMAL KENNEL means any building, structure or premises in which five or more small animals are kept, boarded, bred or trained for commercial gain.
ANTENNA means any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals.
APARTMENT See "Dwelling, Multi-Family."
APPLICANT means a person submitting an application for development. This definition is interchangeable with the definition of DEVELOPER.
APPLICATION FOR DEVELOPMENT means the application form and all accompanying documents required for approval of a zoning permit, subdivision, site plan, planned development, general development plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to this Ordinance.
APPROVAL DATE means the date the approving authority acts on an application for development.
APPROVED PLAN means a plan which has been granted final approval by the Planning Board or Board of Adjustment of the Township of Roxbury.
APPROVING AUTHORITY OR APPROVING BOARD means the Roxbury Township Planning Board unless Zoning Board of Adjustment approval is required by this Ordinance.
ASSISTED LIVING FACILITY means a residence for the frail elderly, licensed by the Department of Human Services, which provides rooms, meals, personal care, and supervision of self-administered medication.
BASEMENT means a space having one-half (1/2) or more, but not all, of its floor-to ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 7 feet. A "basement" shall be counted as a story if used for business, industrial, office, or residential purposes. Basement floor area shall be counted for purposes of calculating floor area ratio (FAR) if the basement is used for any purpose other than storage and/or mechanical systems related to the operation of the building.
BLOCK means the area bounded by one (1) or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this Ordinance.
BOARDS means the Roxbury Planning Board and the Roxbury Zoning Board of Adjustment.
BRIDGE means a structure having a clear span of more than twenty (20) feet designed to convey vehicles and/or pedestrians over a watercourse, railroad, street, or any depression.
BUFFER means an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view, sound, lights or other nuisances from one site to adjacent sites or properties.
BUILDING means a combination of materials to form a construction adapted for permanent, temporary, or continuous occupancy by human, animals and/or property and having a roof. (See ACCESSORY BUILDING)
BUILDING, PRINCIPAL means a building in which is conducted the principal use of the site on which it is situated.
BUILDING, HEIGHT means the vertical distance from the average finished grade at the four corners of the foundation: (a) to the highest point of the roof for flat or shed roofs, (b) to the deck level for mansard roofs, or (c) to the midpoint between eaves and the ridge level, for gable, hip and gambrel roofs. Where a building has more than one roof, the building height shall be the maximum of the heights determined for all of the roofs. Building height shall be determined exclusive of chimneys spires, towers, elevator penthouses, tanks, antennae, air-conditioning equipment and similar projections; provided, however, that such projections shall not cover more than ten (10%) percent of the roof area, shall not exceed the maximum height permitted in the zoning district by more than five (5) feet, and shall be shielded by a parapet wall, or other architectural relief.
CAPITAL IMPROVEMENT means a governmental construction project or acquisition of equipment or real property.
CAR DEALER, USED means an establishment solely engaged in the sale of used cars.
CARPORT means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three (3) sides.
CARTWAY shall mean the hard or paved surface portion of a street customarily used by vehicles in their regular course of travel. Where there are curbs, the cartway includes the curbs and that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved and/or graded width.
CELLAR means a space with less than one-half (1/2) of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 7 feet. A cellar will not be counted as a story, nor will -it be counted in calculating floor area ratio (FAR).
CERTIFICATION means a signed, written statement by the appropriate officer that specific constructions, inspections, tests, or notices where required, have been performed and that such comply with this Ordinance.
CHANNEL means a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHILD CARE CENTER means the area of a building which provides for the care of children outside of the homes of their parents or guardians and which is licensed by the Department of Human Services pursuant to P.L. 1983 (C.30:5B-1 et seq.). The floor area occupied exclusively as a child care shall be excluded in calculating a building's parking requirements and floor area ratio (FAR).
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 for the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.
CLUSTER See "RESIDENTIAL CLUSTER."
COMMON AREAS shall mean a parcel or parcels of land, or an area of water, or a combination of land and water, together with the improvements thereon, and designed and intended for the ownership, use or enjoyment of the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
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 or owners of the development. Common open spaces may only such structures and improvements as are appropriate for passive recreation.
COMMON OWNERSHIP means ownership of two or more contiguous parcels of real property by one person, or by two or more persons owning such property jointly, as tenants by the entirety, or as tenants in common, or otherwise.
COMMUNITY BENEFIT shall mean a benefit to the Township of Roxbury, which benefit need not be township wide but may be for the benefit of the immediate area of the development.
COMMUNITY RESIDENCE means a community residence for the developmentally disabled, a community shelter for victims of domestic violence, a community residence for persons with head injuries, or a community residence for the terminally ill, as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-66.2.
COMPLETE APPLICATION means an application form completed as specified by this Ordinance and the rules and regulations of the Boards and all accompanying documents and information required for approval of the application for development in accordance with applicable checklists as described in Article VI of this Ordinance. An application shall become complete only upon being deemed so by the Approving Authority or designated administrative officer.
CONCEPT PLAN REVIEW means an opportunity for an applicant to describe a proposed development to the Planning Board before presentation of a formal application for the development, in an effort to obtain the general views and advice of the Board regarding the proposed development. Neither the Planning Board nor the applicant shall be bound by the concept plan or the review, and no commitments shall be made by either party as to any future action on an application.
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 this Ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONSERVATION EASEMENT means an easement precluding future or additional development of the land and requiring that it be preserved in its natural state.
CONSTRUCTION DEBRIS means building material and refuse resulting from construction, remodeling and/or repair operations on buildings, pavement and/or other structures.
CONSTRUCTION OFFICIAL means the officer responsible for the administration of the Uniform Construction Code of the Township of Roxbury. Whenever the term "Building Inspector" may appear in this Chapter, it shall be construed to mean the Construction Official.
COUNTY MASTER PLAN means a composite of the plan elements for the physical development of Morris 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 N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD means the Morris County Planning Board.
COURT means any open, unoccupied area which is bounded by three (3) or more building walls.
CRITICAL AREA means sensitive natural lands and waters which, when altered, would lead to the degradation of lands, water quality, or unique topographic features; such areas shall include, without limitation, frequently flooded soils, water retention soils, potential prime aquifer recharge areas, slopes in excess of 15%, floodplains, wetlands, stream corridors, ridgelines and scenic vistas.
CRITICAL AQUIFER RECHARGE AREAS are those areas identified by the USGS in its "Alamatong Wellhead Protection Study" (dated December 1998, including a map entitled "Land Use/Landcover in Contributing Areas at Full Allocation Pumping Rates from Wells in and near Alamatong Wellfield") as areas of 12 years or less travel time of recharge to actual or potential public water supply wellheads. CATEGORY 1 AREAS are those identified in the USGS Study as having a recharge travel time to such wellheads of 5 years or less. CATEGORY 2 AREAS include all other Critical Aquifer Recharge Areas with recharge-to-wellhead travel time of greater than 5 years but not greater than 12 years.
CUL-DE-SAC means a dead end street or roadway with a turnaround at the closed end.
CULVERT means a structure with a clear span of twenty (20) feet or less under a driveway, road, railroad, or pedestrian walk, not incorporated in a closed circulation system.
CUT means a portion of land surface or area from which earth has been removed or will be removed by excavation, or the depth of excavation below original ground surface.
DEAD-END STREET means a street or portion of a street which is accessible by a single means of ingress or egress without a turnaround at the end of the street.
DEDICATION FOR STREET PURPOSES means a dedication of land for construction, reconstruction, widening, repairing, maintaining of improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DENSITY means the permitted number of dwelling units per gross area of land to be developed.
DESIGN STANDARDS means the standards governing the design and review of subdivision and site plan improvements as set forth in Article VIII of this Ordinance; such standards shall be complied with in all development applications except to the extent expressly waived by the approving Board or to the extent preempted by RSIS.
DETENTION BASIN means a facility designed to collect and contain stormwater runoff and release it from the property at a peak rate not greater than that resulting from an equivalent storm event prior to the development of the property.
DEVELOPER means the legal or beneficial owner or owners of a lot or of any land to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land. See APPLICANT.
DEVELOPMENT means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement and proposed culverts and bridges, to induce ground water recharge where practical n to development to minimize erosion and sedimentation, to assure the adequacy of existing lessen non-point pollution, and to maintain the integrity of stream channels for their biological functions as well as for drainage; it also includes the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY means the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.
DRIVE-IN RESTAURANT means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption of same takes place or is designed to take place outside the confines of the building in a motor vehicle or on the site.
DWELLING, SINGLE-FAMILY means a building occupied or intended for occupancy exclusively for one (1) family or one (1) household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit. A single family dwelling may accommodate not more than one roomer, and there shall be no physical changes to the dwelling associated therewith. See "ROOMER". 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 Ordinance.
DEVELOPMENT, CLUSTER See "RESIDENTIAL CLUSTER."
DEVELOPMENT, CONVENTIONAL means development other than planned development or cluster development.
DEVELOPMENT, PLANNED See "PLANNED DEVELOPMENT."
DEVELOPMENT REGULATION means a zoning, subdivision, site plan, or official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law (N.J.S.A. 55D-1 et seq.).
DWELLING, TWO-FAMILY means a building occupied or intended for occupancy as separate living quarters for no more than two (2) families or two (2) households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which are separated from each other by vertical walls or horizontal floors.
DWELLING, MULTI-FAMILY means a building occupied or intended for occupancy as separate living quarters for more than two (2) families or more than two (2) households with access for each family or household to and from the building exterior directly or through a common hall, and further provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, including heating facilities, electric and gas service, off-street parking, yards and open space. Multiple family dwellings may include buildings in cooperative or lease-hold ownership or in condominium ownership.
DWELLING, ATTACHED means a one-family dwelling attached to two or more one family dwellings by common vertical walls.
DWELLING, DETACHED means a dwelling which is not attached to any other dwelling.
DWELLING, SEMI-DETACHED means a one-family dwelling attached to one other one-family dwelling by a common vertical wall.
DWELLING UNIT means one (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family or household, provided that access by no less than two (2) means is provided to and from the building exterior directly or through a common hall, and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
EASEMENT means an non-ownership interest in land which confers a right to limited use or uses thereof.
EMBANKMENT means an artificial structure, usually of earth or gravel, constructed above the natural ground surface and designed to hold back water from overflowing a level tract of land, to retain water in a reservoir or a stream in its bed, or to carry a roadway or railroad; e.g. a dike, a seawall, and a fill.
ENVIRONMENTAL COMMISSION means a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL IMPACT STATEMENT means a detailed analysis of the environmental consequences of a proposed development, written in accordance with provisions of this Ordinance.
EROSION means the detachment and movement, of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICES means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, or privately if approved by a municipal agency as part of development plan approval, of underground gas, oil, electrical, telephone, steam, water or sewage transmission lines or systems, including water towers and underground and/or surface equipment including but not limited to: poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants with other similar equipment and accessories therewith, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located in furtherance of the public health, safety or general welfare.
EXCAVATION means removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.
FAMILY means any number of persons maintaining a nonprofit household. A "family" shall include foster children placed with a family by the State Division of Youth and Family Services or duly incorporated child care agency but shall not include roomers or members of a fraternity or sorority. (See also "HOUSEHOLD".)
FAMILY DAY CARE HOME means the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act", P.L.1987, c.27 (C.30:5B-16 et seq.).
FARM means an area of land which is actively devoted to agricultural or horticultural or dairy use which occupies no less than five (5) acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 4-23.4, 4-23.1 1.
FARM CONSERVATION PLAN means a plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use, to prevent further deterioration of soil and water resources.
FAST FOOD RESTAURANT means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to consume state for consumption either within the restaurant building or off premises.
FILL means sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons. See EMBANKMENT.
FINAL APPROVAL means the official action of the Planning Board or Board of Adjustment taken on a major subdivision or site plan that has received preliminary approval, 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. The approval of a minor subdivision or minor site plan shall have the same effect as a simultaneous preliminary and final approval.
FLAG LOT See LOT, FLAG.
FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE POTENTIAL means the susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood -related damages.
FLOOD FRINGE AREA means that portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five (25) percent of the regulatory base flood discharge.
FLOOD HAZARD AREA means the flood plain, consisting of the floodway and the flood fringe area.
FLOOD HAZARD DESIGN ELEVATION means as established in the Flood Plains Regulations Article.
FLOODPLAIN means the same as the "FLOOD HAZARD AREA."
FLOODWAY means the portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater and flood flow of any natural stream.
FLOOR AREA means the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls. "Floor area" shall not include: (a) areas devoted exclusively for off-street parking and/or loading space for motor vehicles, (b) any space where the floor to ceiling height shall be less than seven (7) feet, (c) open porches, open canopies, and exterior balconies, or (d) areas devoted exclusively to use as a child care center. (See CHILD CARE CENTER)
FLOOR AREA RATIO means the ratio of the floor area of all buildings on a lot to the lot area.,
FLY ASH means particles of gas-borne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.
GARAGE means a building or portion thereof, other than a carport, used for the storage of one (1) or more vehicles. If such a building or portion thereof is accessory to the residential occupancy of the premises, and no service is rendered to the public nor any business conducted therein, then it is a private garage. Any garage other than a private garage is a public garage.
GARAGED means to be stored or parked entirely within the perimeter walls of a garage.
GENERAL DEVELOPMENT PLAN (GDP) means an application for development in the PO/LI District submitted and reviewed in accordance with the procedures set forth in Section 13-3.12 of this Ordinance.
GOVERNING BODY means the Township Council of the Township of Roxbury.
GOVERNMENT AGENCY means any department, commission, independent agency or instrumentality of the United States or of the State of New Jersey, or of any county, city, township, village, authority, district or other governmental unit.
GRADE means a degree of inclination, or a rate of ascent or descent, with respect to the horizontal.
GRADE, EXISTING means the grade prior to excavating or filling.
GRADE, FINISHED means the final grade or elevation of the ground surface conforming to the proposed design.
GRADING means any stripping, cutting, filling, or stockpiling of soil and/or rock, or any combination of such operations.
GRADING PERMIT means a permit authorizing grading work to be performed under this chapter.
HAZARDOUS MATERIAL means any material or substance which, pursuant to federal or State regulations, is listed as a hazardous substance or exhibits one or more hazardous characteristics, and is present in sufficient quantity to require the submission of a Community Right to Know Survey pursuant to the Worker and Community Right to Know Act, N.J.S.A. 34:5A-1 et seq.
HISTORIC DISTRICT means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE means any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, of historical, archeological, cultural, scenic, or architectural significance.
HOME OFFICE means any office use conducted in a dwelling unit, by one or more full-time residents thereof, subordinate to and conducted as an accessory use to the residential use and complying with standards established in this Ordinance. Such home offices are a permitted accessory use in all residential zone districts.
HOME OWNERS ASSOCIATION shall mean an incorporated, nonprofit organization operating in the development under recorded land agreements through which (a) each lot or unit owner shall be a member; (b) each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the township; and (c) each owner and tenant has a right to use the common property. The specifics of the Homeowners Association obligation shall be subject to Subdivision or Site Plan review
HOTEL AND MOTEL shall mean a building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residents.
HOUSEHOLD means a family living together in a single dwelling unit with common access and common use of all living and eating areas and all areas and facilities for the storage and preparation of food in a dwelling unit.
IMPERVIOUS COVERAGE - means the percentage of the lot area which is improved or is proposed to be unproved with buildings and structures, including but not limited to driveways, parking lots pedestrian walkways signs and other man-made improvements, which cover the ground surface and are more impervious than the natural ground surface Provided however, that for residential lots the following structures shall not be deemed to constitute impervious coverage (a) decks which allow water to flow between the decking to the ground beneath, (b) areas utilizing gravel or decorative stone in conjunction with landscaping and (c) children's play structures for residential lots 75% of the area of bricks concrete pave", and/or bluestone laid in sand shall be considered impervious coverage. This definition shall not apply to stormwater management calculations.
**Webmasters Note: The previous definition of Impervious Coverage has been amended as per Ord. No. 17-02.
INSTITUTIONAL USES mean public and quasi-public nonprofit uses promoting the public good, such as houses of worship, schools teaching academic subjects, libraries, and public utilities (excluding workshops, warehouses, garages, storage yards, and wireless telecommunications technology).
INTERESTED PARTY means any person, whether residing within or without the municipality , whose rights to use, acquire or enjoy property is or may be affected by any action taken under this Chapter or whose rights to use, acquire, or enjoy property under this Chapter or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this Chapter.
LAND includes improvements and fixtures on, above or below the surface.
LAND DISTURBANCE means any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPING means the planting of seed to establish grass or other types of ground covers originating from seed, the planting of nursery grown plant materials to establish ground covers, the planting of nursery grown deciduous or evergreen shrubs or trees.
LAND SURVEYOR means a person who possesses special knowledge and ability in the principles and methods of land surveying, including the surveying of areas for their correct determination and description and for conveyancing, and for the establishment or re-establishment of land boundaries, and the plotting of lands and subdivisions thereof, and such topographical survey and land development as is incidental thereto, and is therefore qualified to practice land surveying as attested by his license in this State as a land surveyor.
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, AVERAGING means a design technique permitting one or more lots in a subdivision to be undersized provided that other lots in the subdivision are oversized by an equal or greater area, resulting in an average minimum lot size as otherwise provided in the Land Use ordinance for the pertinent zoning district. Average lot size is calculated by adding the lot size by all the lots in the subdivision and dividing this total by the number of lots in the subdivision. Under lot averaging there is no increase in density or intensity of use of the subject property.
LOT, CORNER shall mean a lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135 degrees. Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard, the side and rear yard to be designated at the time of application.
LOT, FLAG means a lot which has access to a public or private road by means of a narrow strip of property connecting the flag portion of the lot with the road.
LOT, INTERIOR means a lot other than a corner lot.
LOT, THROUGH means an interior lot which extends from one street to another.
LOT, WATERFRONT means any lot adjoining a waterway.
LOT AREA means the computed area contained within the lot lines, but not including any street rights-of-way.
LOT COVERAGE, BUILDING shall mean the area occupied by all buildings on a lot measured on a horizontal plane around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
LOT COVERAGE, IMPROVED means the percentage of the lot area which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface.
LOT DEPTH means the average of the horizontal distances between the front lot line and the rear lot line, or extension thereof, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line.
LOT LINE means a line of record bounding a lot.
LOT LINE ADJUSTMENT means the relocation of a boundary line between two (2) adjoining lots, provided that both lots are conforming after the adjustment, or that the pre-existing degree of nonconformity is not increased, and provided further that no new lots are created. A lot line adjustment does not require an application for subdivision approval under this Ordinance. (See also "RESUBDIVISION")
LOT LINE, FRONT means the lot line separating a lot from a street right-of-way.
LOT LINE, REAR means the lot line opposite the front lot line or lines, or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to or at a maximum distance from the front lot line.
LOT LINE, SIDE means any lot line other than a front or rear lot line.
LOT WIDTH means the distance between the side lot lines measured along the front setback line.
MAINTENANCE GUARANTEE means any security, which may be accepted by the municipality for maintenance of any improvements required by this Ordinance including, but not limited to surety bonds, letters of credit under circumstances authorized by the Municipal Land Use Law, and cash.
MAJOR SITE PLAN means any site plan not classified as a minor site plan.
MAJOR SUBDIVISION means a subdivision not classified as a minor subdivision.
MANDATORY DEVELOPMENT FEE the fee paid pursuant to a Mandatory Development Fee Ordinance.
MANDATORY DEVELOPMENT FEE ORDINANCE an ordinance which prohibits development pursuant to an existing permitted use in the zoning ordinance without compelling the affected developer to contribute monies to the municipality's affordable housing fund.
MANUFACTURED HOME means a unit of housing which consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site; if built on a permanent chassis; is designed to be used, when connected to utilities, as a dwelling on a permanent or non-permanent foundation; and is manufactured in accordance with the standards promulgated before a manufactured home by the Secretary pursuant to the "National Manufacturing Housing Construction and Safety Standards Act of 1974" as amended and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the "State Uniform Construction Code Act" as amended.
MASTER PLAN means a composite of one or more written or graphic proposals for the development of the Township prepared and adopted pursuant to the Municipal Land Use Law. N.J.S.A. 40:55D-28
MAYOR means the chief executive of the municipality, whatever his/her official designation may be, except that in the case of municipalities governed by municipal council and municipal manager, the term "mayor" shall not mean the "municipal manager" but shall mean the mayor of such municipality.
MEZZANINE means an intermediate level between the floor and ceiling of any store or covering not more than thirty-three (33) percent of the floor area of the room in which it is located.
MINING means any operation or process which extracts ore, metals, minerals, chemicals, salts, petroleum products or precious stones from the ground or from the bed of a body of water.
MINOR SITE PLAN means a development plan for less than 600 square feet of floor area and less than 1,000 square feet of impervious surface, provided that such site plan (1) does not involve planned development, any new street, or extension of any off-street improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42, and (2) contains the information reasonably 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 SUBDIVISION means any subdivision of land that does not involve,
(a) the creation of more than two new lots plus a remaining parcel (remainder) for a total of three lots, all of which front on an existing street, within a five-year period;
(b) a planned development;
(c) any new street or the extension of township facilities;
(d) the extension of any off-tract improvements, the cost of which is to be prorated pursuant to C.40:55D42.
MOTOR VEHICLE SALES ESTABLISHMENT means an establishment primarily engaged in the retail sale of new or used motor vehicles or motorized marine craft; permitted accessory uses are the maintenance of a service and repair shop, and the retail sale of parts and accessories.
MULCHING means the application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPAL LAND USE LAW means N.J.S.A. 40:55D-1 et seq., as amended.
MUNICIPALITY means the Township of Roxbury.
NATURAL GROUND SURFACE means the ground surface in its original state before any grading, excavation or filling.
NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of this Ordinance.
NONCONFORMING BUILDING means a building which does not conform to one (1) or more of the regulations of this Ordinance for the zone in which it is located.
NONCONFORMING LOT means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Ordinance, but 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 adoption, revision or amendment of this 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 USE means a use or activity which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NUISANCE ELEMENT means any smoke, solid particles or fly ash, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
NURSERY SCHOOL means a facility designed to provide daytime care or instruction for five (5) or more children from two (2) to five (5) years of age, inclusive, and operated on a regular basis licensed by the State Department of Human Services.
NURSING HOME means a building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards, and licensed by the State of New Jersey, to operate as a nursing home.
OBSTRUCTION includes, but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.
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 of Morris pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP means a map adopted by the governing body in accordance with Article 5 of the Municipal Land Use Law, which map shall be deemed conclusive with respect to the location and width of the streets and public drainage ways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
OFFICIAL SOILS INTERPRETATION means the interpretations of the soils described in the Morris Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Morris County Soil Conservation District.
OFFICIAL SOIL MAP means the individual map sheets that are part of the Morris County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Morris County Soil Conservation District.
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 street or right-of-way abutting the property of which the lot is a part.
ON-SITE means located on the lot in question, exclusive of 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 the street or right-of-way abutting the property of which the lot is a part.
OPEN SPACE means any parcel or area of land or water essentially unimproved and set aside, dedicated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such area may be improved with only those buildings, structures, and other improvements that are designed to complement the natural openness of the land or facilitate active or-passive recreation.
OPEN SPACE, PUBLIC means open space conveyed or otherwise dedicated to the municipality.
PARKING FACILITY means any public or private parking area or garage, including the traffic aisles and access driveways.
PARKING LOT means an open area, other than a public or private road, street, or way, used for the parking of motor vehicles and containing traffic aisles, driveways and parking spaces.
PARKING SPACE means off-street space for the parking of one motor vehicle. Such a parking space shall have an area of not less than 9 feet by 18 feet exclusive of access drive or aisles, and shall have adequate provision for ingress and egress. A ten (10) foot width shall be provided in parking lots where shopping carts are utilized.
PARTY IMMEDIATELY CONCERNED means, for purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice under this Ordinance or the Municipal Land Use Law as amended.
PERCOLATION TEST means a test designed to determine the ability of ground to absorb water.
PERFORMANCE GUARANTEE means any security, which may be accepted by the municipality, including but not limited to surety bonds, letters of credit under circumstances authorized by the Municipal Land Use Law, and cash.
PERMIT means a certificate issued to perform work under this Ordinance.
PERMITTED USE means any use which shall be allowed, subject to the provisions of this Ordinance.
PERMITTEE means any person to whom a permit is issued in accordance with this Ordinance.
PERSON means a corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the State or any agency or instrumentality thereof.
PESTICIDE means any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in persons or animals. The term "pesticide" shall also include any substance or mixture or substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
PLANNED COMMERCIAL DEVELOPMENT means an area of a minimum contiguous size as specified by this Ordinance to be developed according to a plan as a single entity containing one (1) or more structures, with appurtenant common areas to accommodate commercial or office uses, or both, and other uses incidental to the predominant use as may be permitted by this Ordinance.
PLANNED DEVELOPMENT means any planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED HIGHWAY AREA COMMERCIAL DEVELOPMENT means an area of minimum contiguous size as specified by this Ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial, retail, office, restaurant and hotel uses, and other uses incidental to the predominant use as may be permitted by this Ordinance. Multiple businesses shall be subject to single overall site management for maintenance and upkeep of all common elements and aesthetic coordination of the development.
PLANNED INDUSTRIAL DEVELOPMENT means an area of at least 10 contiguous acres to be developed according to a plan as a single entity containing one or more structures with a appurtenant common area to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this Ordinance.
PLANNED UNIT DEVELOPMENT means an area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT means an area with a specified minimum contiguous acreage of 5 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 quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD means the Planning Board of the Township of Roxbury.
PLAT means a map or maps of a subdivision or site plan.
PLAT, CONCEPT means the sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion of a concept plan.
PLAT, FINAL means the final map of all or a portion of a subdivision or site plan which is presented to the Planning Board or Board of Adjustment for final approval in accordance with this Ordinance.
PLAT, PRELIMINARY means the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Board of Adjustment for consideration and preliminary approval.
PRELIMINARY APPROVAL means the conferral of certain rights pursuant to this Ordinance prior to final approval after specific elements of development plan have been agreed upon by the Planning Board or Board of Adjustment 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, appearance and relationship to its site and immediate environs.
PRINCIPAL USE means the primary or predominant use of the premises.
PROFESSIONAL ENGINEER means an engineer duly licensed by the State of New Jersey.
PROHIBITED USE means a use which is not permitted in a zone district.
PUBLIC AREA means existing or proposed (1) public parks, playgrounds, trail, 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 DEVELOPMENT PROPOSAL means a master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY means the land reserved or dedicated for the installation of storm water sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as the drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC UTILITY means any utility subject to rate regulation by the State of New Jersey Board of Regulatory Commissioners.
PUBLIC WELL means a well serving any system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.
QUARRYING means any operation or process which extracts stone, clay, sand, gravel, or soil from the ground or from the bed of any body of water.
QUORUM means the majority of the full authorized membership of the Board.
RAINFALL, EXCESS means the portion of rainfall which becomes direct surface runoff.
RECREATION FACILITY means a place where sports, leisure time activities and customary and usual recreational activities such as set forth in major group #79 of the Standard Industrial Classification Manual is carried out.
RECREATION, ACTIVE means recreational activities which involve more than minimal improvements to and/or disturbance of the natural state of the land.
RECREATION, COMMERCIAL means recreation facilities operated as a business and open to the public for a fee.
RECREATION, PASSIVE means recreational activities which involve the enjoyment of the land in its natural state with minimal improvements, such as footpaths and interpretative signs.
RECREATION, PERSONAL means an accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.
RECREATION, PRIVATE means facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECREATION, PUBLIC means facilities operated by the Township, County, or other governmental agency.
RECREATIONAL VEHICLE means a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RESIDENTIAL CLUSTER means a contiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL, DENSITY means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESIDENTIAL SITE IMPROVEMENT STANDARDS OR "RSIS means the statewide standards governing residential site plan and subdivision improvements promulgated by the State of New Jersey Department of Community Affairs pursuant to N.J.S.A. 40:55d- 40.4.b.
RESTAURANT means an establishment in which food or drink is prepared, served and consumed within the principal building.
RESUBDIVISION means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument. Lot line adjustments, as defined herein, shall not, standing alone, require approval as a resubdivision and shall not be deemed to create additional lots for the purpose of classifying a development which includes one or more lot line adjustments as a minor or major subdivision.
RETAIL SERVICE means establishment providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance; real estate and insurance, personal and business services, motion pictures, amusement and recreational services, miscellaneous repair services, education, health and -social -services, museums, art galleries, and miscellaneous services.
RETAIL SALES means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETENTION BASIN means a pond, pool or basin used for the permanent storage of water runoff; runoff collected in a retention basin is not released via surface discharge, but may infiltrate into the ground water.
RIDGELINE means a natural elevated topographical feature containing slopes of less than 25% and located at an elevation of 800 feet or greater above mean sea level at the top of a hill, mountain, plateau or promontory, where the land surrounding such an elevated topographical feature includes 25%+ steep slopes.
RIGHTS-OF-DISCHARGE means a legally recordable instrument granting to the developer the right to discharge collected waters upon lands exterior to the development.
RIGHT-OF-WAY means the total width of property occupied by a street, water course, utility path, or other way, and within which all improvements and rights of access are confined.
ROOMER means a person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration. A single family dwelling may accommodate not more than one roomer, and there shall be no physical changes to the dwelling associated therewith. (see DWELLING, SINGLE-FAMILY)
SCREEN means a structure or planting consisting of fencing, berms and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SECRETARY means the person selected by the Planning Board or Board of Adjustment to act as secretary to carry out specific duties as directed by the Planning Board, including the acceptance of applications of development.
SEDIMENT means any solid material that has settled down from state of suspension and has been moved by water, ice, wind, gravity or other means.
SEDIMENTATION means the transportation and deposition of sediment.
SEDIMENT POOL means the reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SETBACK means the closest distance between front, side, or rear lot line and the front, side or rear line of a building, or any projection thereof, except for uncovered stairs; setback is measured perpendicular to the building line.
SETBACK LINE means a line within the bounds of a lot parallel to a property line at a distance equaling the respective required front, rear or side yard. Where the street sideline is coterminous with or lies within the bounds of a lot, required setbacks shall be measured from the street sideline.
SHOPPING CENTER means six (6) or more retail commercial establishments located in one (1) or more buildings or structures and designated as a planned commercial development as defined herein.
SIGHT TRIANGLE means a triangular shaped portion of land established at intersections in accordance with the requirements of this Ordinance in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.
SIGN as defined in Section 13-8.9.
SIGN, STREET means a sign designating the name of the street.
SILTATION (DETENTION OR RETENTION) BASIN means a temporary or permanent facility designed in accordance with standards of the applicable federal. state. county or municipal agencies to collect silt and eroded soil from the area of a development and/or to retain stormwater runoff.
SINGLE OWNERSHIP means any form of ownership by one or more persons of a lot not adjacent to a lot or lots partially or entirely in the same ownership.
SITE means any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN means a development plan of one (1) 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, flood plains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (3) any other information that may be reasonably required in order that an informed determination may be made by the approving board pursuant to this Ordinance.
SLOPE means degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL means all unconsolidated mineral and organic material of natural origin a overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT means the governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL EROSION AND SEDIMENT CONTROL PLAN means a plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Morris Soil Conservation District.
STANDARDS OF PERFORMANCE means standards (1) adopted by this Ordinance regulating noise levels, glare, vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matter, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matter as may be reasonably required by the Township; or (2) required by applicable Federal or State laws or municipal ordinances.
STORMWATER DETENTION means any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORY means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story.
STREAM ENCROACHMENT PERMIT means a permit issued by the N.J. Department of Environmental Protection under the provisions of N.J.S.A. 58:1-26.
STREET means any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is (1) an existing state, county or municipal roadway, or (2) a street or way shown upon a plat heretofore approved pursuant to law, or (3) approved by official action, or (4) a street or way on a plat duly filed and recorded in the office of the County Clerk of Morris County prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; it 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. For purposes of this chapter, streets shall be classified in chapter 13-8.601.
STRIPPING means any activity which removes or significantly disturbs the vegetative surface cover. Agricultural cultivation shall not be considered stripping.
STRUCTURE means a 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 or water, including, but not limited to buildings, paving, dams, walls, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges and the facilities of any authority, utility, municipality, county, state or other governmental agency.
SUBDIVISION means the division of a lot, tract or parcel of land into two (2) 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 Ordinance if no new streets are created:
1. Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size, providing that the Planning Board shall require suitable proofs that said division be for agricultural purposes only, and may impose such suitable limitations and controls, including restrictive deed covenants, as it may deem advisable with respect to the use thereof for any non-agricultural purpose;
2. Divisions of property by testamentary or intestate provisions;
3. Divisions of property upon court order, including but not limited to judgments of foreclosure;
4. Conveyances so as to combine existing lots by deed or other recorded instrument;
5. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found to conform to the requirements of this Ordinance and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township; and
6. Lot line adjustments. (see LOT LINE ADJUSTMENT)
The term "subdivision" shall also include the term "resubdivision".
SUBDIVISION AND SITE PLAN COMMITTEE means a committee of at least three (3) Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing subdivisions and site plans in accordance with this provisions of this Ordinance, and making recommendations regarding their completeness to the Board.
SURFACE WATER means water collected upon or conveyed along the surface of land.
SWIMMING POOL, PRIVATE means any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than 500 gallons of water and having a side depth of 18 inches or less.
SWIMMING POOL, PORTABLE means swimming pools that are not otherwise permanently installed and do not require water filtration, circulation and purification; do not exceed two feet in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports when located above ground.
TEMPORARY PROTECTION means stabilizations of erosive or sediment-producing areas.
TEMPORARY STRUCTURES means a temporary building or trailer without permanent foundation used for field office purposes or the storage of building materials or machinery in conjunction with an approved construction project, but specifically excluding and prohibiting sleeping accommodations for residential habitation.
TERMS as used in this Ordinance, the present tense shall include the future; the singular number shall include the plural; and the plural the singular. The word "shall" is always mandatory. The words "zone" and "district" are used synonymously.
TOPSOIL means the surface soil and soil material to a depth of six (6) inches tillage, its equivalent in cultivated soil, or the original or present "A" horizon plus "B" horizon (if in top six (6) inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacements for any purposes whatsoever. "Topsoil" shall be capable of supporting vegetation indigenous to the area.
TOWNHOUSE means a building designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by party or common walls extending from the foundation to the roof and providing two (2) direct means of access to and from the building exterior and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating, electric facilities and gas service. For the purpose of this Ordinance, a "townhouse" may include fee simple, condominium or cooperative ownership or any combination thereof.
TRACT means property which is the subject of a development application.
TRAILER means a vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.
TRANSCRIPT means a typed or printed verbatim record of the proceedings or reproduction thereof.
USE means the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE means approval expressly granted by the approving Board for an applicant to depart from the literal requirements of Article VII or the sign standards of Article VIII (Section 13-8.9) of this Ordinance.
VEGETATIVE PROTECTION means stabilization or erosive or sediment-producing areas by covering the soil with:
1. Permanent seeding, producing long-term vegetative cover.
2. Short-term seeding, producing temporary vegetative cover or mulching.
3. Sodding, producing areas covered with a turf of perennial sod-forming grass.
VEGETATIVE WASTE means tree trunks, tree stumps, branches, brush, shrubbery, or residue of any of the foregoing.
VEHICLE STORAGE means the location of a motor vehicle on site for a period of time in excess of that which is required to engage in the on-site activity.
VEHICULAR SALES AREA means an open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
VEHICULAR SERVICE STATION means any lots, lands, buildings, or structures used or intended to be used for dispensing or sale of vehicular fuels and/or for service or maintenance of motor vehicles or any component thereof, including without limitation facilities which provide lubrication or install tires, batteries, brakes, transmissions, shock-absorbers, or mufflers. A facility which only installs and/or repairs automotive audio systems, such as radios and car stereo components, is not classified as a vehicular service station.
WAIVER, DESIGN means approval expressly granted by the approving Board for an applicant to depart from the literal requirements of the design standards set forth in Article VIII of this Ordinance.
WATER BODIES means any natural or artificial collection of water, whether permanent or temporary.
WATERCOURSE means any natural or artificial watercourse, 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 which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.
WATER-CARRYING CAPACITY means the ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
WATERWAYS, GRASSED means a natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses used to conduct surface water from a field, diversion or other site features.
WETLANDS "Freshwater wetland" means an 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, in designating a wetland, the 3-parameter approach (i.e. hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto shall be used.
WIRELESS TELECOMMUNICATIONS ANTENNA ("WT Antenna") shall mean antenna of any type of design, which is or may be used for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS EQUIPMENT ("WT Equipment") shall mean any building, structure, or equipment, including without limitation transmitters, power sources, or other equipment, except antennas or towers, which are or may be used for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS COMPOUND ("WT Equipment Compound") shall mean the area which houses any combination of WT Equipment.
WIRELESS TELECOMMUNICATIONS TOWERS ("WT Towers") shall mean a vertical structure which is or may be used to support any WT Antenna or other WT Equipment, whether freestanding or attached to any existing structure.
WIRELESS TELECOMMUNICATIONS TECHNOLOGY ("WT Technology") shall mean collectively WT Antennas, WT Equipment, WT Equipment Compound, and WT Towers.
WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER ("WT Service Provider") shall mean any person, business organization, or other entity, of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT Technology within the boundaries of the Township of Roxbury, or which already operates or maintains such WT Technology."
YARD means an open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this Ordinance.
YARD, FRONT means a space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance.
YARD, REAR means a space extending the full width of the lot between any building and the rear lot line, and measured perpendicular to the building at its closest point to the rear lot line.
YARD, SIDE means a space located on either side of a building between the front and rear building line and between the side of the building and the nearest side lot line.
ZONING PERMIT means a document signed by the zoning officer which (1) is required by this Ordinance as a condition precedent to the commencement or change of a use, including a change in the business entity and/or tenant occupying a building or space, or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building, and (2) acknowledges that such use, structure or building conforms and complies with the provisions of this Ordinance, or that variances or design waivers therefrom have been granted by the approving Board.
BOATHOUSE . Any enclosed structure over the water of Lake Hopatcong used for the sole purpose of storing and mooring boats and boating equipment.
BULKHEAD LINE . The highwater mark of 1.30 feet above the dam spillway (elevation 924.00) as recorded at Lake Hopatcong State Park or the line established by the Bureau of Navigation, State Department of Environmental Protection, defining the Lake's permanent shoreline.
CATWALK . Any structure extending transversely from the main walk.
DOCKS . Any structure extending lakeward of the bulkhead line for the purpose of mooring boats or for gaining access to moored boats.
MAIN WALK . Any structure extending into the Lake from the shoreline, which is used for access to moored boats.
MARINA . Any public, semi-public or private facility capable of berthing or mooring five or more boats.
PIER . A structure to moor boats to a dock or to which a deck or dock or other structure may be affixed.
PIERHEAD LINE . A line running parallel with the bulkhead line and extending not more than 50 feet from said bulkhead line as approved by the National Resources Council and Bureau of Navigation, State Department of Environmental Protection, beyond which no dock, pier or marina or other structure, permanent or temporary, floating or affixed to shore of lake bottom, may be located.
WATERFRONT LOT . Any lot adjoining a waterway.
BASEMENT shall mean any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CHANNEL shall mean a natural depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.
DEVELOPMENT shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.
ELEVATED BUILDING shall mean a non-basement building a) built in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts or piers), or shear walls parallel to the flow of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
FLOOD HAZARD AREA shall mean the floodway and any additional portions of the flood plain which the improper development and general use of would constitute a threat to the safety, health and general welfare. This constitutes the total area inundated by the 100-year design flood.
FLOOD PLAIN shall mean an area, usually a relatively flat or lowland area adjoining a river, stream or watercourse, which has been in the past or can reasonably be expected in the future to be covered temporarily by flood.
FLOODPROOFING shall mean any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.
FLOODWAY shall mean the channel of a natural stream and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or 100-year flood flow of any natural stream, without increasing the water surface elevation more than two tenths (.2) of a foot.
FLOOD FRINGE shall mean that portion of the flood hazard area outside of the floodway, but inside the 100-year flood plain.
LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.
OBSTRUCTION shall mean any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel, rectification, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure or matter, in, along, across or projecting into any natural stream or flood plain which may impair, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water- or that is placed where the flow of water might carry the same downstream to the damage of life of property.
100-YEAR FLOOD shall mean a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average once every 100 years; the term also means that level of flooding having a one percent probability of occurrence in any year.
START OF CONSTRUCTION includes substantial improvement and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include the excavation for basements, footings, or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure.
SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds 50 percent of the fair market value of the property either a) before the improvement is started; or b) if the property has been damaged and is being restored, before the damage occurred.
Substantial improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences.
WATER SURFACE ELEVATION DATA shall mean the elevations in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream or in the flood plains of coastal areas.
ADDITION means any work done to expand, enlarge or add to an existing structure when such new work changes the exterior architectural appearance of any historic site or structure.
ALTERATION means any work performed on an existing structure when such alteration changes the architectural appearance of the exterior surface of any improvements.
DEMOLITION means the razing of any structure or the obliteration of any natural feature of any historic site or structure.
REPAIR means any work performed on any structure which is not an addition to the improvement and does not change the architectural appearance of the exterior surface of any improvement and requires a building permit.
REPLACEMENT shall mean repairs when a building permit is required for same.
EXTERIOR ARCHITECTURAL APPEARANCE shall mean the architectural style, design, general arrangement and components of all outer surfaces of an improvement, including but not limited to the kind and texture of the building material and type and style of all windows, doors, lights, signs, decorative elements and other fixtures appurtenant to such improvements.
APPLICANT means the person or persons applying for funds to create a subsidized accessory apartment in accordance with the provisions of this Ordinance.
COUNCIL ON AFFORDABLE HOUSING means the Council established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et. se ., also known as COAH.
HOUSING ADMINISTRATOR means the person or agency hired, appointed or contracted by the Township to perform the duties as described in this Ordinance. If an outside person or agency is hired, these duties may be split as best serves the intent of this ordinance and the duties described herein between said outside agency or person and other Township appointee.
INSPECTION OFFICER means a qualified inspector hired, appointed or contracted by the Township or by the Housing Administrator (if an outside agency) to perform the duties described in this Ordinance.
LOW INCOME HOUSEHOLD means a household 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 as determined by the Council on Affordable Housing in N.J.A.C. 5:931 et sea. or its subsequent rules and regulations.
MODERATE INCOME HOUSEHOLD means a household with a gross household income of 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 as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et sea. or its subsequent rules and regulations.
SUBSIDIZED ACCESSORY APARTMENT means a portion of an existing singlefamily dwelling which has been converted through the use of public funds to an additional dwelling unit which shall be deed-restricted for occupancy by and affordability to a qualified low or moderate income household for a period of ten (10) years as part of the Township's affordable housing program.
UTILITY ALLOWANCE means an allowance for utilities that is consistent with the personal benefit expense allowance for utilities as defined by HUD (or a similar allowance approved by COAH).
SINGLE-FAMILY DETACHED DWELLING is a dwelling designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
DETENTION BASIN AND OPEN SPACE LOTS . Such lots shall be based upon the physical basin or area limits with necessary access thereto. Access may, however, be by easement rather than dedication or fee simple title.
COMMON OPEN SPACE is a parcel or parcels of land or an area of water or a combination of land and water within a development, designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development.
CONDOMINIUM APARTMENT DWELLING STRUCTURE is a structure containing two or more- -apartment dwelling -units which in combination with other such structures are situated in a properly landscaped setting providing necessary vehicular and pedestrian circulation, off-street parking, recreational facilities and other service amenities.
CONDOMINIUM APARTMENT DWELLING UNIT is one of a series of single-family dwelling units in individual condominium ownership or offered for rental attached by a common partition between it and an adjacent unit or units either vertically or laterally together with an individual entrance, terrace or balcony not shared by any adjoining unit designed as an integral part of each unit and having been constructed in conformity with an approved development plan.
COMMON OPEN SPACE is a parcel or parcels of land or an area of water or a combination of land and water within a development, designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development.
CONDOMINIUM APARTMENT DWELLING STRUCTURE is a structure containing two or more apartment dwelling units which in combination with other such structures are situated in a properly landscaped setting providing necessary vehicular and pedestrian circulation, off-street parking, recreational facilities and other service amenities.
CONDOMINIUM APARTMENT DWELLING UNIT is one of a series of single-family dwelling units in individual condominium ownership or offered for rental attached by a common partition between it and an adjacent unit or units either vertically or laterally together with an individual entrance, terrace or balcony not shared by any adjoining unit designed as an integral part of each unit and having been constructed in conformity with an approved development plan.
CHANNEL" shall mean a watercourse with a definite bed and banks, which confine and conduct continuously or intermittently flowing water.
COMPACTION " means the increase in soil bulk density.
CONSERVATION EASEMENT " shall mean a recorded agreement or covenant running with the land which limits all land or vegetation disturbance in favor of a reservation for natural open space; each agreement to be entered into between the Applicant and the municipality.
CORE " means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY " means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency is the Morris County Division of Planning.
DEPARTMENT " means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER " means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER " means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
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 structure, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the Country Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA " means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
DRAINAGEWAY " means any watercourse, trench, ditch, depression or other hollow space in the ground, natural or artificial, which collects or disperses surface water from the land.
ENVIRONMENTALLY CRITICAL AREAS " means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION " means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE " means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION " is the process by which water seeps into the soil from precipitation.
LAND DISTURBANCE " means any activity involving the clearing, grading, transporting, filling of land and any other activity, which alters land, topography or vegetative cover.
MAJOR DEVELOPMENT " means any "development" that provides for ultimately disturbing one or more acres of land or provides for % acre or more of new impervious surface. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MINOR DEVELOPMENT " means any "development" that provides for ultimately disturbing more than 10,000 square feet of land but less than one acre of land and/or the creation of more than 5,000 square feet but less than %< acre of new impervious surface. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY " means the Township of Roxbury.
NATURAL DRAINAGE FLOW " means the topographical pattern or system of drainage of surface water runoff from a particular site, including the various drainageways and watercourses, which carry surface water.
NODE " means an area designated by the State Planning Commission concentrating facilities and activities, which are not organized in a compact form.
NON-POINT RUNOFF " eans surface water entering a channel from no definable discharge source.
NUTRIENT " means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON " means any individual, corporation, company, partnership, firm, association, the Township of Roxbury, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT " means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE " means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REVIEWING AGENCY " means the Township of Roxbury, Morris County, the NJDEP or any other entity that has jurisdiction over the project.
SEDIMENT " means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE " means the lot or lots upon which a major development is to occur or has occurred.
SOIL " means all unconsolidated mineral and organic material of any origin.
SOLID AND FLOATABLE MATERIALS means sediment, debris, trash, and other floating, suspended, or settleable solids.
SOURCE MATERIAL " means any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)" means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP " is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER " means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF " means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN " means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE " means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
SURFACE WATER " shall mean all water produced by rain, flood, drainage, springs and seeps flowing over the land or contained within a natural or artificial watercourses.
SURFACE WATER RUNOFF DAMAGE " means all damage or harm to property values, land, vegetation and water supplies, which results, or is likely to result when the dispersion of surface water, is increased in rate, velocity or quantity. Such damage or harm includes, but is not limited to, flooding, soil erosion, siltation and other pollution of watercourses, and diminished recharge of groundwater.
WATERCOURSE " means all rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and other bodies of water natural or artificial, public or private which are contained within, flow through or border on the Township of Roxbury or any portion thereof. The term Watercourse is also synonymous with the term "Waters of the State" as defined below.
WATERS OF THE STATE " means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WATERSHED " means an area of surface water runoff related to a particular point of concentration.
WETLANDS" OR "WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
BILLBOARD SIGN A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
FACADE The total wall surface, including door and window area, of a building's principal face. In computing permitted sign area, only one (1) face of a building may be used as the principal face.
FACADE SIGN see wall sign.
FREESTANDING SIGN Any immovable sign not affixed to a building.
GROUND OR MONUMENT SIGN Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure.
POLE OR PYLON SIGN A sign that is mounted on a freestanding pole or similar support so that the bottom edge of the sign face is three feet or more above grade.
PORTABLE SIGN A sign that is not permanent, affixed to a building, structure or the ground.
RESIDENCE DESIGNATION SIGN A sign or plate indicating the name of the property or occupants.
ROOF SIGN A sign erected above the facade or on the roof of a building.
SIGN Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
TEMPORARY SIGN A sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short period of time after the erection of such sign, or (ii) is intended to remain on the location where it is erected or placed for a period not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
WALL SIGN A sign attached to, painted upon or erected against an awning, canopy, the wall or facade of a building or structure and not extending more than twelve (12) inches from a building face or facade of the structure.
WINDOW SIGN A sign maintained in or painted upon a window which is clearly visible from the exterior of a structure through a window.
ADMINISTRATIVE OFFICER The Administrative Officer shall be the Township Manager or his designee.
AESTHETIC IMPROVEMENT CUT The removal of the minimum extent possible of the smallest and poorest specimens of trees so as to permit land development while retaining the maximum number of larger and healthier specimens of trees.
AVERAGED WOODED LOT An inventory of a portion of each property subject to the provisions of this Article shall be made to establish the average number of each species of tree within the area to be disturbed (which includes any area from which trees are to be removed or cut down). This inventory shall constitute the averaged wooded lot and shall be determined as follows: the applicant shall select random 1/10 acre representative plots throughout the area to be disturbed, which plots shall have comparable tree populations to the area to be disturbed generally. Each representative plot shall be visibly marked by stakes or other appropriate markers. The location of the representative 1 /10 acre plots shall be subject to approval by the Administrative Officer. The number of representative 1/10 acre plots shall be equal to 50% of the number of acres within the area to be disturbed (including any area from which trees are to be removed or cut down); provided, however, that the number of representative 1 /10 acre plots shall not be less than ten (10) unless the area to be disturbed is one acre or less, in which event the entire area to be disturbed (including the area from which trees may be cut down or removed) shall be inventoried. Once the representative plots have been identified and approved, each tree on each representative 1/10 acre plot shall be inventoried by species and the average of each species calculated from the total of each representative 1 /10 acre plot shall be determined for the total of representative 1 /1; acre plots. That average number of species shall represent the number of species of each tree within the disturbed area and the composite of all averaged tree species shall constitute the averaged wooded lot (specimen trees are not part of the averaged wooded lot as they are inventoried individually throughout the entire tract.)
BOARD The municipal agency, either Planning Board or Zoning Board of Adjustment.
CLEAR CUTTING the removal of all standing trees on a lot or portion of a lot.
DIAMETER AT POINT OF MEASUREMENT The diameter of a tree measured four and one-half (4 1/2) feet above the ground level on the downhill side for existing trees to be surveyed in the field and shown on a replacement plan. Trees utilized in the replacement of existing trees shall be measured six (6) -inches above the ground for trees with a four (4) inch caliper or less, and measured twelve (12) inches above the ground for trees over a four (4) inch caliper. Diameter at a point of measurement may appear in this section as the abbreviation "DPM".
DRIP LINE A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six (6) feet from the truck, whichever is greater.
HOMESTEAD LOT A pre-existing lot located within a zone permitting single family detached dwellings upon which is constructed one single family detached dwelling or upon which is proposed to construct one single family detached dwelling; and which property as a result of zoning restrictions could not be further subdivided.
REPLACEMENT PLAN A specific plan for replacement of removed trees in accordance with the provisions of this section.
REPLACEMENT TREE A nursery-grown certified tree, properly balled, marked with a durable label indicating genus, species and variety, and satisfying the standards established for nursery stock and installation thereof, set forth by the American Association of Nurseryman. Caliper of replacement trees shall be as follows: evergreen trees. 7' to 8' ornamental trees. 2" to 2 1/2": shade trees. 2 1/2" to 3". The mixture of replacement tree types shall be determined by the Administrative Officer.
SELECTIVE CUTTING The removal of larger trees on an individual basis while leaving trees of lesser size.
SILVICULTURE The management of any wooded tract of land to insure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.
SLASH The forest debris remaining after a tree removal operation.
SPECIMEN TREE Any tree with a DPM of twenty-four (24) inches or greater.
THINNING The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.
TOPPINGS The uppermost twenty percent (20%) of height of a tree constituting its crown.
TREE Any tree species which has a DPM of six (6) inches or greater.
APPLICANT shall mean any person or entity who, either directly or through an employee, agent or independent contractor, or any other representative engages or intends to engage in depositing, storing, excavating, removing, moving on-site, grading, or regrading ten (10) cubic yards or more of soil and/or fill, as defined in this Chapter, from, to, or upon any lot, lots, or parcel of land within the Township.
ENGINEER shall mean the Township Engineer or Board Engineer, (whoever has jurisdiction for said permit.)
EXCAVATOR shall mean any person who deposits, stores, excavates, removes, moves, grades, or regrades soil and/or fill
LOT shall mean any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, either, in the office of the Tax Assessor of the Township or in the office of the Morris County Clerk For the purposes of this Chapter, a "lot" shall also be deemed to be any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to the maps and records, either, in the office of the Tax Assessor of the Township or in the office of the Morris County Clerk
MINOR SOIL PERMIT shall apply to any of the following activities:
(1) all activities involving the moving of soil and/or fill on individual lots where such activity is not, and has not been within the past five (5) years, subject to site plan, subdivision and/or variance approval; or
(2) activities involving the moving of less than one thousand (1,000) cubic yards of soil and/or fill within any twelve (12) consecutive months, provided, however, that if two (2) or more applications in any period of twelve (12) consecutive months involve the moving of more than one thousand (1,000) cubic yards cumulatively, such applications shall require a major soil moving permit.
**Webmasters Note: The previous definition has been added as per Ord. No. 24-02.
MAJOR SOIL PERMIT shall mean any soil permit other than a minor soil permit for the moving of soil and/or fill within any period of twelve (12) consecutive months
MOVE shall mean to dig, excavate, remove, deposit, place; fill; grade, regrade, level or otherwise alter or change the location or contour, or to transport or to supply soil and/or fill This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil and/or fill or any other operation usually and ordinarily associated with the tilling of soil and/or fill for agricultural or horticultural purposes, landscaping and gardening by homeowners or agents of homeowners, provided it does not alter existing drainage patterns
OWNER shall mean any person seized in fee simple of any lot or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover
SOIL shall mean any earth, sand, clay, loam, gravel, humus, rock, boulders, or dirt, without regard to the presence or absence therein of organic matter, including any synthetic substance used as a substitute or in conjunction with Soil
SOIL MINING OPERATION. A location where the principal use is the commercial mining of rock, ore, stone, sand, soil and or similar materials for sale or for off-tract use.
SOIL PERMIT MODIFICATION shall apply to any of the following circumstances:
(1) extension of the termination date of a previously issued soil permit for a period of one year or less;
(2) a change in the location of the disposal or borrow site of a previously issued soil permit where such change would not involve transport over local streets different from those designated as the route of travel in the previously issued permit;
(3) a change in the route of travel over Federal, State or County roads to/from the disposal/borrow site of a previously issued soil permit; and
(4) a change of less than one thousand (1,000) cubic yards in the quantity of soil and/or fill to be moved pursuant to a previously issued soil permit, provided that the cumulative quantity of soil moved does not exceed one thousand (1,000) cubic yards within any twelve (12) consecutive months.
**Webmasters Note: The previous definition has been added as per Ord. No. 24-02.
SUITABLE FILL Suitable materials shall include but not be limited to materials such as earth. clay, gravel, stone, dirt, etc as determined by the Engineer.
TOPSOIL shall mean soil and/or fill that, in its natural state, constitutes the top layer of earth and is composed of two (2%) percent or more, by weight of organic matter and has the ability to support vegetation
UNSUITABLE FILL Unsuitable materials are materials such as peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, large rocks, wooden logs, etc as determined by the Engineer,
MUNICIPAL HOUSING LIAISON -- The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Roxbury.
ADMINISTRATIVE AGENT -- The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Roxbury to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.