APPLICANT shall mean the developer submitting an application for development.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the process of subdividing or obtaining site plan review. It may also refer to the improvement of land and, in proper context. to a subdivision.
DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of storm water sewers or drainage ditches. or required along a natural stream of water 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.
FINAL APPROVAL shall mean the official action of the planning board taken on an approved preliminary plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements installed or bonds properly posted for their completion. A plat that receives such final approval must have been prepared by a licensed professional engineer and a land surveyor in compliance with all the provisions of N.J.S.A. 46:23-9.9 et seq. and is the map which must be filed with the county clerk in accordance with C. 40:55D-54 in order to make the approval binding.
FINAL PLAT shall mean the final map of all or a portion of the subdivision which is presented to the planning board for final approval in accordance with these regulations and' which if approved shall be filed with the proper county recording officer.
GENERAL TERMS AND CONDITIONS shall mean those as outlined under preliminary plat details subsection 12-6.1 and the design standards as outlined under section 12-8.
LARGE LOT SUBDIVISION shall mean a subdivision specifically permitted by subsection 13-4.5g of the zoning ordinance in which lots and facilities are subject to less stringent regulations than otherwise required for subdivisions. Lots shall have a minimum area requirement of three acres with a maximum gross tract density of five acres per lot determined as follows: the total gross area of the tract shall be divided by five to determine the maximum number of allowable lots.
LOT shall mean a parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purchase of sales, lease, or separate use.
MAJOR SUBDIVISION shall mean all subdivisions not classified as minor subdivisions.
MASTER PLAN shall mean a composite of the mapped and written proposals recommending the physical development of the township which shall have been duly adopted by the land use board.
MINOR SUBDIVISION shall mean the division of a tract of land meeting one or more of the following conditions:
1. The division of a parcel of land for the purpose of enlarging an adjoining lot, notwithstanding that such existing lot, together with the added portion. still does not meet the requirements of the zoning ordinance or this chapter, wherein the remaining parcel is not in conflict with the zoning ordinance nor is its future use or development adversely affected.
2. Any division of land for the creation of not more than three lots (three new lots and the remaining parcel) so long as the remainder is capable of future subdivision: if, however, such remainder is not capable of future subdivision. such remainder shall be counted as a lot and all such lots or parcels shall meet the following requirements:
(a) The lots are not in conflict with the zoning ordinance, master plan or official map.
(b) All lots front on an existing street as defined in this chapter which is of the width shown on the master plan and which is improved sufficiently to meet all requirements of N.J.S.A. 40:55D-35 so that a building permit could be issued to construct a building on each lot.
(c) No new streets or roads are involved.
(d) Curbs, sidewalks and other improvements required in section 12-7 are either in existence or would normally be installed by the township either as a general improvement or by assessment against benefiting property owners.
(e) The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
(f) The creation of the lot's will not produce a drainage problem or result in the necessity for drainage improvements or any other type of off-tract improvement.
(g) The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:
(1) Suitable future road access and desirable future road and lot patterns:
(2) Future water and sanitary sewer utility installations and storm drainage improvement.
(h) Notwithstanding the foregoing, not more than , three lots plus a remainder shall be created by minor subdivision. If complete development of the remaining lot or parcel, as permitted by the zoning ordinance, would, require a new road or roads, subsequent subdivision of the remaining lot or parcel shall be accepted only as a major subdivision.
(i) Notwithstanding the foregoing. where the subdivision does not comply with the provisions of subparagraph 2a hereof, the reviewing board may consider the subdivision as a minor subdivision if, in its opinion, the conflict with the zoning ordinance, master plan or official map does not require that the subdivision . be classified as a major subdivision.
(j) Any further subdivision of a tract which has previously been granted minor subdivision approval within a two year period from the submission date of the current application shall be considered a major subdivision if the prior approval and current application result in more than three new lots being created.
MINOR SUBDIVISION PLAT shall mean the final map of a minor subdivision, which is presented to the land use board for approval, and which is approved shall be filed with the proper county recording officer.
OFFICIAL MAP shall mean a map adopted in accordance with the provisions of c. 40:5513-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of the street, public parks and playgrounds, and drainage right-of-way shown thereon.
**Webmasters Note: The previous sections, 12-1 through 12-4.o, have been amended as per Supplement No. 16.
OFFSITE shall mean 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 the development application or contiguous portion of a street or right-of-way
OFF-TRACT shall mean not located on the property which is the subject of a development application nor on contiguous portions of a street or right-of-way
OFF-TRACT IMPROVEMENTS shall mean water, sewer, drainage and street improvements not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way
ONSITE shall mean the location on the lot in question
ON-TRACT shall mean location on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way
OWNER shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter and for the purpose of this chapter shall include developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein
PERFORMANCE GUARANTEE shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the planning board or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PLAT shall mean the map of subdivision
PRELIMINARY APPROVAL shall mean the official action taken on a preliminary plat by the planning board, meeting in regular session, which determines whether or not the maps submitted is in proper form and meets the established standards adopted for design, layout and development of the subdivision Such preliminary approval confers upon a subdivider all rights provided for by virtue of the provisions of C 40 55D-49
PRELIMINARY PLAT shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the secretary of the planning board for planning board consideration and tentative approval and meeting requirements of section 12-5, 12-6 and 12-8.
PUBLIC DRAINAGEWAY shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, are required along a natural stream or water course for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion
RESUBDIVISION shall mean (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
STREET shall mean any avenue, street, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, county, or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street lines For the purpose of this chapter streets shall be classified as follows
1 Controlled access regional highways are those that are used by heavy through traffic and which permit no access from abutting property
2 Arterial streets are those which are used primarily for fast or heavy traffic
3 Major streets are those which are used primarily for heavy local and through traffic.
4 Collector streets are those which carry traffic from minor streets to the major streets, including the principal entrance streets of residential development and streets for circulation within such a development
5 Minor streets are those which are used primarily for access to the abutting properties
6 Marginal access streets are those which are parallel or adjacent to controlled access highways or major thoroughfares, and which provide access to abutting properties and protection from through traffic
7 Alleys are minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street
SUBDIVIDER shall mean an applicant for development
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered subdivisions provided that no new streets or roads are involved
1 Divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where the resulting parcels are five acres or larger in size.
2 Divisions of property by testamentary or intestate provisions,
3 Divisions of property upon court order, or
4. Conveyances so as to combine existing lots by deed or other instrument. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided The transfer of title to one or more adjoining lots owned by the same person or persons as the same are designated on a map filed in the Sussex County Clerk's Office prior to the establishment of a planning board in the township pursuant to the Municipal Planning Act of 1953 shall be considered a subdivision of land.
SUBDIVISION committee shall mean a committee of at least three planning board members appointed by the chairman of the board for the purpose of reviewing applications for subdivisions and site plans in accordance with the provisions of this chapter for the purpose of determining whether the applications are complete
ACCESSORY BUILDING OR USE shall mean a use or structure customarily incidental and subordinate to the principal use of land or buildings and located on the, same lot as such principal use or building. (See section 13-14.)
AGRICULTURE shall mean the cultivation off the soil and the raising and harvesting of .the products of the soil, including but not limited to: nursery, horticulture, forestry and animal husbandry. whether for profit, private or personal use.
AIRPORT shall mean a facility where aircraft of airborne vehicles, of all types, land and take off and which may provide storage. maintenance and fuel services for such aircraft and which, as to design, surface, maintenance, repair and management thereof meets the minimum requirements of, and is licensed pursuant to, R.S. 6:1-1 et seq. whether such facility be public or private. The term "airport" shall include airstrip. airfield. landing field, land strip, heliport, helistop and all other like facilities.
AIR SHOW shall mean a show involving aircraft performing maneuvers, stunts, formation flying and the like for the entertainment or amusement of spectators and to which event the public is invited to attend.
ANTENNA shall mean any exterior transmitting or receiving device mounted on a tower, building or structure, which uses the communications that radiate or capture electromagnetic waves, digital signals. analogue signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Excepted from this definition are antennas used exclusively by ham radio operators or other residential users.
APPROVED SANITARY AND WATER SYSTEMS shall; mean any public sanitary and water distribution systems approved by. the local and State board of health.
APPROVING AUTHORITY shall mean the Planning Board or Zoning Board of Adjustment of the Township of Wantage.
BASEMENT shall mean a portion of the building partly underground. but having less than one-half its clear height below the average grade of the adjoining ground plus at least one means of egress directly to the exterior of the building.
BEDROOM shall mean a room planned or used primarily for sleeping.
BOARDER shall mean a person who is not related to the head of the household and who may or may not pay for the privilege of boarding.
BOARDING HOUSE shall mean any dwelling in which people, either individuals or as families, are housed or lodged. for hire, with meals and which contains five or less such rooms for hire.
BUFFER shall mean a strip of land containing natural woodlands. earth mounds or other planted screening material. and separating one kind of land use from another or separating a planned development from any other development.
BUILDING shall mean a structure which is designed, built or occupied as a shelter; or roofed enclosure for persons, animals. property, or shelters, located on foundations or other supports and used for residential, business, mercantile, storage, commercial, professional, industrial, institutional, assembly, educational or recreational purposes.
BUILDING HEIGHT shall mean the vertical distance measured from the grade at the lowest exposed surface at the base of the building to the highest elevation of the roof.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2006-09.
BUILDING LINE (OR BUILDING SETBACK LINE) shall mean a line established by the zoning ordinance. within a lot, defining the minimum distance between any structure, or portion thereof, to be erected or altered, and an adjacent right-of-way, easement, street line or common open space.
BUILDING, MAIN OR PRINCIPAL shall mean a building in which is conducted the main or principal use of the lot on which the building is located.
BUILDING COMMUNITY shall mean a public building for civic. social, educational, cultural and recreational activities of a neighborhood or community, including buildings used by civic, veterans. Y.M.C.A., boy scouts or other groups of similar character.
CAMPING VEHICLE shall mean a portable structure, which is designed and intended to be used as a temporary dwelling for travel. recreation or vacation purposes. The term "camping vehicle" shall include, but not be limited to, the following:
a. Travel trailer. A wheel-based vehicle built on a chassis designed to be hauled by traction.
b. Pickup coach. A structure designed primarily to be mounted on a pickup or truck chassis and for use as a temporary dwelling.
c. Motorized camper. A temporary dwelling designed and constructed as an integral part of a self-propelled vehicle. (See also trailer)
CELLAR shall mean a portion of the building partly underground. having one-half or more than one-half of its clear height below the average grade of the adjoining ground with or without at least one means of egress directly to the exterior of the building.
CLEAR SIGHT TRIANGLE shall mean the triangle formed by the point of intersection of the right-of-way lines of two intersecting streets and the points on each of the intersection right-of-way lines at a given distance from the point of intersection.
CLUSTER shall mean areas to be developed as a single entity according to a plan containing residential housing, which have a common or public open space as an appurtenance.
COLOCATION shall mean the use of a common wireless telecommunications tower or a common structure. by two or more wireless service providers or by one wireless service provider for more than one type of communications technology and/or the placement of a wireless telecommunications antenna on a structure owned or operated by a public utility or other public entity.
COMMERCIAL RECREATION . See Recreation, Commercial.
COMMERCIAL RESIDENTIAL USE shall mean a building for both commercial and residential purposes provided no more than 40 percent of the first floor area is used for commercial purpose.
COMMON TEEN SPACE shall mean a parcel or parcels of land or an area of water, or a combination of land and water, within the site designed and intended for the use or enjoyment of residents and owners of the development and/or community. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development, as permitted.
COMMON OR PARTY WALL shall mean a vertical wall and/or horizontal separation forming a structural part of two buildings or of two separately owned and/or rented units in the same building.
COMMON OWNERSHIP shall mean ownership of two or more contiguous parcels of real property by the same person or persons.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED shall mean any community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal guidance under such supervision as required, to more than six but not more than 15 developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to: group homes. halfway houses. intermediate care facilities. supervised apartment living arrangements, and hostels.
COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30 40-1 14 providing food, shelter, medical care, legal assistance, personal guidance and other services to more than six but not more than 15 persons who have been victims of domestic violence, including any children of such victims who temporarily require shelter and assistance in order to protect their physical or psychological welfare
**Webmasters Note: The previous sections, 13-1 through 13-2.22.B, have been amended as per Supplement No. 16.
CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board, as outlined in section 13-24 of this chapter
CONTIGUOUS DEVELOPABLE LAND shall mean the minimum contiguous area within a lot consisting of land suitable for construction of a principal and accessory buildings and structures, excluding environmentally sensitive areas as defined and designated in this Ordinance.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-07.
CONFORMING LOT shall mean a parcel, plot or area of land abutting a public street complying with the minimum requirements of R.S. 40 55D-35, exclusive of any area within such public street, whose area is sufficient to provide the yard, space and setback requirements and the minimum area requirement for the zone district in which it is located and complying with all other minimum requirements for said district. as required by this chapter.
CORNER LOT shall mean a lot at the junction of, and having frontage on, two or more intersecting streets.
COVERAGE RATIO shall mean the portion of a site, expressed as a percentage, covered by impervious materials.
DISTRICT shall mean any part of the territory of Wantage Township to which certain uniform regulations and requirements of this chapter apply. (See section 13-3.)
DRAINAGE RIGHT-OF-WAY OR EASEMENT shall mean 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 RS. 58: 1I to 58:1-34.
DWELLING, MULTIPLE-FAMILY shall mean a building designed or used as a residence of three or more dwelling units, garden apartments, condominiums and cooperatives, however, not exceeding two stories in height.
DWELLING, SINGLE-FAMILY shall mean a building occupied or intended to be occupied for residence purposes by one family.
DWELLING UNIT shall mean a building or part thereof having cooking, sleeping and sanitary facilities for one family.
EFFICIENCY UNITS shall mean a dwelling in an apartment consisting of a bath, one large room without permanent separations to be used for living, dining and bedroom facilities with cooking facilities separated from the main room by a permanent wall or sliding or some other temporary partition.
FAMILY shall mean a group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a common housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization, permanence and stability.
FARM shall mean a parcel of land of five or more productive acres used for agriculture, forestry, horticulture, floriculture or animal husbandry of domestic livestock.
FENCES shall mean a structure of wood, metal, stone, masonry or other material and shall also include barriers formed by living vegetation.
FLOOR AREA shall mean the area of all floors computed by using the dimensions of the outside walls of each floor of a building. Only those areas having five feet or more clear head room with completed floors, ceilings and partitions may be considered in computing floor area and at least one-half of the included floor area shall have a minimum ceiling height of seven foot six inches. Cellars, porches, balconies, patios, terraces, breezeways, carports, verandas and garages are excluded; except that enclosed porches and patios which are heated and used year round may be counted in computing the floor area, provided the walls, ceilings, foundation, etc., are the same as required for the remaining structure.
GARAGE, PRIVATE shall mean a detached accessory building or portion of the principal building for the parking or temporary storage of automobiles of the occupants of the principal building to which the garage is accessory.
GARDEN APARTMENTS shall mean multi-family dwellings with five or more dwelling units and not exceeding 35 feet in height, and includes buildings so designed that not more than two apartments are served by a common entry.
GARDEN APARTMENT DEVELOPMENT shall mean a large scale development to be constructed by a single owner or a group of owners acting jointly, planned as an entity and consisting of not less than 30 dwelling units and therefore susceptible to development and regulation as a complex land use unit, as distinguished from an aggregation of individual buildings or unit group buildings located on separate unrelated lots.
HABITABLE ROOM shall mean any room except those used for kitchen, bath or utility purposes.
HABITABLE FLOOR AREA see Floor Area.
HEIGHT when referring to a tower or a lawful structure shall mean the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure including the base pad and any antennas. The height of the tower shall not include a lightning rod.
HOME OCCUPATION shall mean any occupation for gain or support conducted by members of the family residing polymers, aluminum, chromium, special steels and other exotic manmade or highly refined materials are specifically and generally excluded.
**Webmaster's Note: The previous definitions, Height and Home Occupation, have been amended as per Supplement No. 16.
HOMEOWNERS ASSOCIATION shall mean a duly incorporated organization composed of all owners of property in a development.
HOSPITAL shall mean an institution where the ill or injured may receive medical, surgical, or psychiatric treatment and including nursing, food and lodging during illness
JUNK YARD shall mean a lot and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, bags, cordage or any used or disabled fixtures, vehicles or equipment of any kind
KENNEL shall mean a business devoted to the boarding, care or breeding of dogs and cats
LOADING SPACE shall mean an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or loading merchandise or material
LOT shall mean a parcel, plot or area of land, legally established, with precise boundaries determinable from a deed description or map filed in the office of the County Clerk
LOT AREA shall mean the total area included within the lot lines. Where the property line extends to the center of a street and the street right-of-way width has not been determined, the area of a lot for the purpose of this chapter shall not include land within 25 feet of the center line of the street. Where a right-of-way width is shown on either a subdivision map, or official map of the State, county or municipality, the area of the lot shall not include any portion of the actual or proposed right-of-way.
LOT DEPTH shall mean the horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
LOT INTERIOR shall mean a lot other than a corner lot
LOT LINE shall mean the legal boundaries of a lot
LOT WIDTH shall mean the horizontal distance between the side lot lines, measured at the street line
MOBILE HOME shall mean a single family dwelling, having no permanent foundation, designed and constructed to be transported on its own wheels by traction to a site, capable of being relocated to another site, and not normally designed and constructed to comply with the requirements of the building code for a conventional structure (See Trailer)
MOTEL shall mean a building which contains living or sleeping accommodations for transient occupancy and has individual outside entrances to each unit.
MOVABLE DWELLING shall mean a structure or facility designed and constructed for residential occupation but not necessarily to comply with building code requirements for conventional residential construction, which may be transported to the site upon which it is to be used as a unit or as sections, comprising one or more rooms capable of being assembled to form a dwelling which is designed and constructed so as to be and capable of being relocated, provided this shall not be construed to include houses which were originally erected on one location and permanently to the freehold before being moved, or modular homes (See Trailer).
NATURAL FEATURES shall mean the earth itself, the water upon or under the surface of the earth, the air above the earth, and plants, animals, fish, birds, insects and other living creatures growing upon or inhabiting the earth, the water or the air
NATURAL MATERIALS shall mean any materials found to exist naturally and/or have undergone minor modification, reduction or alloying by man, which can be reused (recycled) or are biodegradable. Such materials would include wood, stone, brick, rapid oxidizing metals such as iron, recyclable metals and minerals such as copper and glass and some alloys such as tins, bronze and brass. Plastics, polyvinyl chlorides, special polymers, aluminum, chromium, special steels and other exotic manmade or highly refined materials are specifically and generally excluded.
NON-CONFORMING BUILDING OR USE shall mean a building or structure or use lawfully existing at the time of enactment of this chapter, or subsequent amendments. thereto that does not conform to the regulations of this chapter for the zone in which it is located.
NON-CONFORMING LOT shall mean a lot or parcel which does not have the minimum width or contain the minimum lot area for the zone in which it is located.
NUISANCE shall mean an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance. especially a continuing or repeating invasion or disturbance of another 's rights: including the actual or potential emanation of any physical characteristics. activity or use across a property line. which can be perceived by or affect a human being of ordinary sensibility.
OFF-PREMISES SIGN shall mean a sign which advertises a business which is not conducted or a product which is not sold on the lot where the sign is located.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or received for public or private use.
PARKING AREA, PRIVATE shall mean an open area. other than a street, for the same uses as a private garage.
PARKING AREA, PUBLIC shall mean a paved open area. other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or an accommodation for clients or customers.
PARKING SPACE shall mean an off-street space for the parking of one motor vehicle. Such parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, excepting in a residential area, there shall be a minimum of ten feet in width measured perpendicular to the axis of the length, and shall have adequate provision for ingress and egress.
PATH shall mean a cleared way for pedestrians and/or bicycles to travel which may or may not be paved.
PERMANENTLY AFFIXED shall mean any building or structure with foundation walls or footings that support the aboveground elements and which cannot easily or conveniently be removed therefrom.
PERMITTED USES shall mean any use of the land as permitted according to this chapter.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS shall mean any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
PRINCIPAL STRUCTURE shall mean a structure arranged, adapted or designed for the predominant or primary use for which a lot may be used.
PRINCIPAL USE shall mean the primary or predominant use of the premises.
PROFESSIONAL OCCUPATION shall mean a business carried on by a physician. surgeon, dentist, minister. architect, engineer. attorney, optometrist. accountant, veterinarian, planner or similar professional person.
PROFESSIONAL OFFICE shall mean the office of a physician. surgeon. dentist. minister, architect, engineer, surveyor. attorney, optometrist, accountant, veterinarian, planner or similar professional person.
PUBLIC BUILDING shall mean a building which is owned and/or used by a governmental agency.
PUBLIC OR INSTITUTIONAL USE shall mean a use by a public or non-profit, quasi-public or private institution for educational, religious, charitable or civic purposes.
QUALIFYING MAP shall mean a conceptual development plan that depicts a conventional subdivision of the tract, utilizing the Traditional Development Option as defined in Section 13-5.5.a.1, and taking into consideration environmental constraints, access, building envelope and other factors typically considered for a subdivision plat.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2005-16.
RECREATION. COMMERCIAL shall mean facilities of a recreational nature such as tennis centers. riding stables or academies, ice skating rinks. bowling alleys, swimming pools or miniature golf courses, which uses are operated for profit and open to the public. and country clubs and swimming clubs.
RECREATION SPACE shall mean open space devoted to outdoor recreational activities.
RESIDENTIAL APPEARANCE shall mean a building or structure having the appearance of a single family residence generally similar to single family residences classes 15 through 20 inclusive, as depicted in the "Real Property Appraisal Manual for New Jersey Assessors." Third Edition, issued by the Local Property and Public Utility Branch, Division of Taxation. Department of the Treasury, State of New Jersey.
RESTAURANT shall mean any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility, and for the sole convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN shall mean a restaurant at which any food or refreshments are customarily served to or consumed by any patrons while seated in automobiles, regardless of whether or not, in addition thereto, seats or other accommodations are provided for patrons.
**Webmasters Note: The previous definitions, Natural Materials through Restaurant, Drive-In, have been amended as per Supplement No. 16.
RIGHT-OF-WAY shall mean the land and space required on the surface, a subsurface, and overhead for the construction and installation of materials, necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air established by local authorities.
ROAD SIDE STANDS shall mean an open or covered structure of permanent or temporary construction which fronts on a public street located on land which is owned or leased by the operator for the purposes of direct-to-consumer commodity sales
SENIOR CITIZEN HOUSING shall mean housing facilities erected wherein permanent residents must be at least 55 years of age, except that the spouse or an Immediate member of the family, other than a child of said permanent resident, or a live-in domestic. companion or nurse, may be a permanent resident regardless of his or her age A maximum of one child, age 18 or older. may also reside as a permanent resident with his or her parent or parents In no event. however, shall there be more than three permanent residents in any one residential dwelling unit
SETBACK LINES shall mean a line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line
SERVICE STATION shall mean a retail place of business engaged primarily in the sale of motor fuels but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs.
SHOPPING CENTER shall mean one or more buildings or parts thereof designed as a unit, to be occupied by one or more business enterprises for the conduct of business, and conducted as an integrated and cohesively planned area development.
SIGN AND/OR ADVERTISING STRUCTURE shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. The word "sign", when used alone in this chapter shall mean a non-illuminated sign, a "lighted sign" shall mean a sign which is lighted by external illumination only, by a light directed upon and reflected back from such sign, which shall be constructed in such manner that the source of the light is not visible from the street A "sign with internal illumination" shall mean either a single or double faced sign made of glass, plastic or other material behind and between which are enclosed, incandescent or fluorescent lamps used for the purpose of illuminating the sign. A "neon sign" means a sign, consisting of tubes in which neon is used as one of the ingredients to provide illumination A "flashing sign" means any sign lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off. A "revolving" or ,'moving" sign means any sign, however illuminated, which is so designed as to revolve or move in any way or manner. When signs of a certain type are stated to be permitted in any zone, such provision shall be construed as prohibiting any other type of sign.
SIGN, FREESTANDING shall mean any sign supported by uprights or braces placed upon or in the ground, and not attached to any building.
SINGLE FAMILY residence shall mean a structure designed for occupancy by one family. Not more than two roomers or boarders may occupy such a structure.
SINGLE HOUSEKEEPING UNITS shall mean a separate area containing separate sanitary facilities and/or cooking facilities .
SINGLE OWNERSHIP shall mean ownership by one person, or ownership by two or more persons jointly as joint tenants, as tenants by the entirety or as tenants in common of a separate lot not adjacent to land in the same ownership.
SITE PLAN shall mean a plan of a lot or subdivision on which is shown topography location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the zoning board and/or planning board in unusual or special cases. (See Site Plan Chapter) .
STEALTH TECHNOLOGY means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
STORE, RETAIL shall mean a building or part thereof in which or from which merchandise or services are furnished directly to the public.
STORY shall mean that portion of a structure included between the surface of a floor and the surface of the next floor above it, or if there is no floor above it. then the space between the floor and the ceiling next above it.
STREET shall mean any public or private right-of-way commonly used by the public for motor vehicle movement and which is approved for purposes of issuing building permits.
STREET LINE shall mean the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon said street, as distinct from a sidewalk line, curbline or edge of pavement line.
STRUCTURE shall mean anything constructed or erected which requires permanent location on or under the ground or attachment to something having such permanent location including fences. tanks, towers, advertising devices or similar structures.
TOWNHOUSE shall mean a self-contained independent dwelling unit attached by common wall between it and any adjacent unit or units extending from the basement to the roof and providing at least two means of access to the outside.
TRAILER shall mean a wheel-based vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods. materials. livestock or any object. For the purposes of this chapter, trailers shall be considered buildings and are intended to be regulated as such, where trailers are permitted. The regulations of this chapter that apply to trailers shall also apply to the following vehicles as herein defined below:
a. Camping vehicle.
b. Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and when factory equipped for the road.
c. Pickup coach. A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
d. Motorized home. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
e. Mobile home.
f. Movable home.
g. Boat trailer. A trailer designed for the purpose of transporting a boat overland.
h. Horse trailer. A trailer designed for the purpose of transporting horses or animals overland.
i. Tent trailer. A trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
TRUCKING TERMINAL shall mean a premises which is used for the temporary parking of motor freight vehicles between trips and for the transfer of freight between trucks or between trucks and rail facilities for shipment elsewhere and where the storage of freight or cargo is only temporary, and which also may contain facilities for dispensing motor fuels.
USE shall mean the specific purpose for which land or building is designed. arranged, intended, or for which it is or may be occupied or maintained.
WAREHOUSE shall mean a building used for the temporary storage of goods, materials or merchandise for later- or subsequent distribution or delivery elsewhere for purposes of processing or sale.
WIRELESS TELECOMMUNICATIONS ANTENNA shall mean an antenna mounted on a telecommunications tower or other structure.
WIRELESS TELECOMMUNICATIONS FACILITY shall mean the accessory structures or uses serving a wireless telecommunications site such as equipment sheds and fences.
WIRELESS TELECOMMUNICATIONS SITE shall mean the area in which a tower and/or antenna and facilities are located.
WIRELESS TELECOMMUNICATIONS TOWER ("TOWER") shall mean a freestanding, vertical structure designed to support one or more wireless telecommunications antennas. This definition shall not apply to amateur or ham radio towers.
YARD, FRONT shall mean an open space, extending across the full width of the lot and lying between the street line and the setback line. The depth of the front yard shall be measured at right angles to the street line of the lot.
YARD, REAR shall mean an open space extending the full width of the lot between the main building and the rear lot line. The depth of the rear yard shall be measured from the nearest part of the main building toward the nearest point of the rear lot line and at right angles to the rear lot line.
YARD, SIDE shall mean an open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required side yard shall be measured at right angles from the nearest point on the side lot line toward the nearest part of the main building.
**Webmasters Note: The previous definitions, Stealth Technology through Yard, Side, have been amended as per Supplement No. 16.
VARIANCE shall mean the board of adjustments authorized departure from the terms of this chapter
ZONE (See District)
ZONING PERMIT shall mean a permit issued by the zoning officer in accordance with subsection 13-25 4 of this chapter
COMPACTION means the increase in soil bulk density.
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 may either be:
A county planning agency; or
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT means the New Jersey Department of Environmental Protection.
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.
DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
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.
MAJOR DEVELOPMENT means any "development" that provides for ultimately disturbing one or more acres of land. 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 any city, borough, town, township, or village.
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, WANTAGE Township, 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.
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.
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.
WATERS OF THE STATE means 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.
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.
APPLICANT shall mean a developer submitting an application for site plan review.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or permit to build in a mapped area or for a structure not related to a street.
APPROVAL shall mean
1. "Preliminary site plan approval" indicates that the preliminary site plan as submitted meets all requirements of applicable township ordinances and confers upon the applicant all of the benefits provided for in R.S. 40:55D-49.
2. "Final site plan approval" shall mean the approval required prior to issuance of a building permit or other permit authorizing the development of land, pursuant to R.S. 40:55D52,
CONVENTIONAL SITE PLAN shall mean any site plan not deemed to be a "minor site plan."
DAYS shall mean calendar days.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase. or other person having an enforceable proprietary interest in such land.
MAINTENANCE GUARANTEE shall mean any security. other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this act.
MINOR SITE PLAN shall mean a development plan involving one or more lots which (1) proposes no new development within a "shopping village development" pursuant to section 13-10, and merely constitutes a change in occupancy to another permitted use or the same use: (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for a site plan have been met.
OFF-TRACT shall mean not located on the property which is the subject of a development application nor on contiguous portions of a street or right-of-way.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PERFORMANCE GUARANTEE shall mean security which may be accepted in lieu of a requirement that certain improvements be made before the reviewing board approves a site plan: including performance . bonds, escrow agreements, cash, and other similar collateral or surety agreements.
PRELIMINARY FLOOR PLANS AND ELEVATIONS shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
REVIEWING BOARD shall mean the land use board.
SITE PLAN shall mean a development plan of one or more lots on which is shown (1) the existing and. proposed conditions of the lot, including but not necessarily limited to topography; vegetation, drainage, 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, as required by site plan detail sections of this Chapter. and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board