ACCESSORY BUILDING, STRUCTURE OR USE : 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. An accessory building attached to the principal building shall be considered part of the principal building. See specific zone requirements for permitted accessory uses.
ACCESS POINT; ACCESS DRIVE : The location of the intersection of a driveway with a street.
ADDITION : An extension or increase in floor area or height of a building or structure.
301.4 Administrative Officer: For the Planning Board, the administrative officer shall be the Municipal Engineer; for the Zoning Board of Adjustment, the administrative officer shall be the Zoning Official.
ALTERATION : As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress.
AMBULATORY SURGERY FACILITY : An out-patient health care facility, licensed by the State of New Jersey, which performs surgical procedures without an overnight stay, with such surgery generally requiring some form of anesthesia and with a post-surgery period of at least one hour. An ambulatory surgery facility shall not be considered to be an office or a medical office.
APARTMENT : One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit.
BUILDING COVERAGE : The area of a lot covered by all buildings measured on a horizontal plane around the perimeter 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 edge of the roof above the columns. The first 2 feet of roof and building overhang projections shall be excluded.
BUILDING HEIGHT : The vertical distance from the average ground elevation around the foundation to the building's highest point. The average ground elevation shall be calculated by measuring the elevation at 10 foot intervals around the perimeter of the foundation. When measuring to the highest point of the building, the following building elements are to be excluded from the height calculation: chimneys, satellite dishes and antennas, mechanical equipment, elevator towers and flag poles.
a) The building height shall not exceed the maximum allowed in the zoning district by more than 5 feet from the lowest elevation around the perimeter of the foundation.
b) The excluded building elements listed above shall not exceed the permitted building height by more than twelve (12) feet, or the maximum building height specified for a particular zone by more than eight (8) feet.
c) Where soil or rock removal lowers the ground elevation around the perimeter of the foundation, the building height calculation shall be based on the lowered elevation.
d) Where fill raises the ground elevation around the perimeter of the foundation, building height calculation shall be based on the elevation as it existed prior to the use of fill.
e) All roof-top mechanical equipment screening shall be no higher than the equipment being screened.
CAMPER : A self-propelled vehicle built as one unit on a chassis or a vehicle built on a chassis designed to be towed by another vehicle, designed for temporary living containing cooking, sleeping, and/or sanitary facilities; or a vehicular portable structure built on a chassis designed as a trailer with a flat top not more than 4 feet above the ground which can be converted into a temporary tent erected above the 4-foot level for camping activities. See also Trailer definition.
CHANGE OF USE : a change of the use category of a building or portion thereof.
COMMERCIAL OFF PREMISES OUTDOOR ADVERTISING SIGNS : Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes and that is located on a site other than the building or site to which the advertising relates.
COMPLETE APPLICATION : Submission of an application form and checklist provided by the Township and completed by the applicant together with all accompanying documents required by this Ordinance and the Planning Board's or Zoning Board of Adjustment's Rules and Regulations for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat. The Township's checklists are set forth in Appendix A to this Ordinance and hereby made a part hereof. The approving authority may require additional information not specified in the Ordinance, and revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for consideration of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. An application shall be certified as complete immediately upon the meeting of all requirements specified in the Ordinance, the applicable checklist and the rules and regulations of the approving authority, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.
DWELLING UNIT : A room or series of connected rooms containing living, kitchen, sleeping, and private bath facilities for one family.
DWELLING, ATTACHED : One dwelling unit in a building containing 3 or more dwelling units, with each dwelling unit extending from the ground to the roof and having individual outside access and no interior rooms or hallways shared with other dwelling units.
DWELLING, MULTIPLE : A building containing more than 2 dwelling units.
DWELLING, SINGLE FAMILY : A detached building containing one dwelling unit.
DWELLING, TWO FAMILY : A building containing 2 dwelling units.
FAMILY : A person or a group of persons occupying a dwelling unit as a single housekeeping unit. There shall be no more than 6 persons comprising said group who are not related by blood, marriage, civil union or adoption.
FENCE : Any structure or partition enclosing a parcel of land, or dividing a parcel of land into portions, or separating contiguous lots.
FINANCIAL INSTITUTIONS : Establishments operating primarily to provide financial services to the public on-site. Establishments providing financial services that do not primarily provide such services on site shall be deemed offices for the purposes of this Ordinance. Security and commodity brokers, dealers, exchanges and similar entities shall be considered offices, not financial institutions unless they primarily deal with the public ON SITE.
FLOOR AREA RATIO RESIDENTIAL : The area on the first and second floors of a building computed by using the outside dimensions of the exterior walls of the building, not including basements and uninhabitable attics, compared to the total lot area. In addition, habitable attics and floors above garages shall be included in the calculation if the habitable portion is more than 50% of the area of the floor immediately below. Habitable areas shall be areas having a ceiling height greater than 6'6". Deviation from this standard shall require variance relief under MLUL 40:55D-70(d) (4).
GARAGE : A structure used to store vehicles, and other items associated with residential structures. A garage shall not include kitchen, sleeping, or private bath facilities.
GROSS FLOOR AREA NON-RESIDENTIAL : The sum of the area of all floors of a building or structure compared to the total lot area. The area of all floors shall be computed by using the outside dimension of the exterior walls of the building or structure. Deviation from this standard shall require variance relief under MLUL 40:55D-70(c).
GROSS LEASABLE AREA (GLA) : The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas and integral stock areas. Basement areas which are included in the lease but are nevertheless devoted exclusively to tenant storage and/or utility space shall not be included in GLA. Included in GLA is any common space that is temporarily rented or occupied by a tenant.
HOTEL : A commercial establishment offering temporary lodging. Hotels may include accessory uses customarily associated with and incidental to such principal use, such as restaurants and other facilities for the consumption of food and beverages on the premises, public meeting rooms, retail facilities, indoor health and recreational facilities, provided that the aforesaid accessory uses shall be contained within the hotel building. Outdoor health and recreational facilities shall also be permitted as an accessory use, however, outdoor tennis courts and an outdoor swimming pool at said establishment shall not be considered in computing the gross floor area non residential.
HOUSE OF WORSHIP : A church, synagogue, temple, mosque or other facility that is used for prayer and other religious observances by persons of similar beliefs and that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.
LOADING SPACE : An off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading.
LOT AREA : The area contained within the lot lines but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed for the future widening of the street.
LOT COVERAGE : That portion of the area of a lot covered by paved and/or impervious surfaces, accessory uses, buildings, or any other structure, expressed as a percentage lot area. For the purposes of this Ordinance, gravel driveways, gravel parking areas, and pavers made of brick, stone, concrete or similar materials shall be considered by be paved and/or impervious surfaces.
LOT DEPTH : The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGE : The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the lot frontage may be reduced to not be less than 75 percent of the required minimum lot width. In the case of a corner lot, the lot frontage and front yard setback shall be met from all streets.
LOT LINE : Any line forming a portion of the exterior boundary of a lot. The front lot line is the same as the street line for any portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.
LOT WIDTH : The horizontal distance between side lot lines measured at the minimum required building setback from the street line.
LOT, CORNER : A lot at the junction of, and having frontage on, 2 or more intersecting streets, or a lot bounded on 2 or more sides by the same street, provided the angle of intersection is less than 135 degrees.
MAJOR SITE PLAN : A site plan not defined as "minor" or "exempt".
MAJOR SUBDIVISION : Any subdivision not classified as a "minor subdivision".
MEDICAL OFFICE : The office of a licensed medical or health care practitioner providing health care services to a person for the purpose of maintaining or restoring a person's physical or mental health, including but not limited to a physician, dentist, chiropractor, podiatrist, osteopath, acupuncturist, bodywork therapist, optometrist, orthotist, prosthetist, pharmacist, physician assistant, physician or surgeon, physical, occupational or speech therapist, psychologist, registered nurse, licensed practical nurse, a home health aide or nurse's aide, marriage or family therapist, massage therapist, advanced practice nurse, respiratory therapist, social worker, or somatic therapist. The term "licensed" is defined in the New Jersey Administrative Code. The medical office may include an accessory medical testing laboratory.
MINOR SITE PLAN : a site plan for a development or building alteration or building addition requiring less than 10 parking spaces, containing less than 2,500 square feet of new floor area, and having less than 50% building coverage.
MINOR SUBDIVISION : A subdivision of land that does not involve: (a) the creation of one or more new lots; (b) a planned development; (c) any new street; or (d) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MULTIFAMILY HOUSING DEVELOPMENT : Means a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
OFFICE : A place for conducting the affairs of a business, profession other than those covered by Section 301.37, service, industry or government and generally furnished with desks, tables, files and communication equipment, but where no retail sales or retail services are offered, and no manufacturing, assembling, or fabricating takes place.
PARKING SPACE : A space within a structure or in the open for parking motor vehicles. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PORTABLE STORAGE CONTAINER : Any container, storage unit or portable structure (commonly known as PODS) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property and not for occupancy by persons.
PRINCIPAL USE : The main purpose for which any lot, structure, or building or portion thereof is used.
PRIVATE SCHOOL : A privately owned or operated educational institution of elementary or high school grade operating as a day school and accredited by the New Jersey Department of Education. Nursery schools offering educational instruction with qualified teachers shall be considered private schools for the purpose of this Ordinance, regardless of whether they also serve as day-care centers. Day-care centers without the educational component as set forth herein for nursery schools are not to be considered as private schools.
PUBLIC PURPOSE : The use of land by a municipal, county, state, or federal agency or authority.
REAR YARD-UNOCCUPIED : That portion of the rear yard not covered by driveways, parking areas, patios, sidewalks, paved surfaces, accessory uses, buildings, or any other structure on or above the surface of the land.
RECYCLING AREA : The space allocated for collection and storage of source separated recyclable materials.
RESTAURANT : An establishment primarily serving food and drink for consumption at seating tables and counters on premises. Sales for off-site consumption are permitted if subordinate and incidental to the principal use.
RESTAURANT, FAST FOOD : 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 the premises.
RETAIL FOOD ESTABLISHMENT : An establishment in which food or drink is offered or prepared primarily for retail sale in packages or in bulk for off-premises consumption. Sales for on-site consumption are permitted if subordinate and incidental to the principal use.
RETAIL SALES : 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.
RETAIL SERVICES : Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, such as laundry, cleaning and garment services; photographic portrait studios; beauty and barber shops; and show repair shops. Retail services shall not include those uses defined under "Medical Office" as defined in this Ordinance.
RIGHT-OF-WAY : The total width and length of the course of a street, watercourse, utility alignment, or other way within which improvements and rights of access are confined.
ROADWAY : The hard or paved surface portion of a street customarily used by vehicles. Where there are curbs, the roadway includes only that portion between the curbs. Where there are no curbs, the roadway is that portion between the edges of the paved width.
SETBACK : The distance between a street line or lot line and that portion of the lot where structures are located, based on the setback requirements of this Ordinance. All setbacks from public streets shall be measured from the proposed right-of-way or as shown on the official tax map. Roof overhangs may project a maximum of 2' beyond a required setback line except as otherwise provided in this Ordinance.
SIGHT TRIANGLE : The portion of a lot restricted in its use to assure clear sight distance for motorists.
SIGNS : Any street graphic, announcement, declaration, demonstration, billboard, display, illustration, or insignia used to promote or advertise the interests of any person, group of persons, services, or product when placed, erected, attached, painted, or printed for public viewing.
SITE PLAN EXEMPT :
a) Site Plan approval shall not be required for single family and two family dwellings, unless such uses involve a home professional office.
b) Building alterations which do not involve a change of use, additional parking, change in number of tenants or additional gross floor area non residential shall be site plan exempt.
c) Changes of use which require additional parking or which generate a vehicular traffic increase of more than ten percent in excess of the previous user during any of the following time periods shall not be exempt: 24 hour daily traffic, A.M. Peak Street Hour of adjacent street traffic; P.M. Peak Street Hour of adjacent street traffic; or Saturday peak hour of generator. Parking requirements shall be based on the off-street parking standards set forth in this Ordinance. Estimates of the number of vehicular trips shall be determined by use of the data and the statistics relating to use-generated traffic by the Institute of Transportation Engineers "Trip Generation Manual" 5th Edition.
d) Changes of tenancy without a change of use shall be site plan exempt.
e) The use and access, through, over and across lands located within the Township of Millburn in order to gain access to and from an existing or proposed nonresidential use located outside and beyond the borders and boundaries of the Township of Millburn shall not be exempt and shall require site plan review and approval consistent with the terms and standards of this Ordinance.
STORY : That portion of a building between a floor and the floor or roof above it.
STREET GRAPHIC : Any letter, symbol, number, or display which can be seen from the right-of-way of a street, including signs, other than public information signs. Ground graphic is a street graphic erected on the ground. Wall graphic is a street graphic on the wall of a building.
STREET LINE : The edge of any street right-of-way, as proposed or shown on the official tax map.
SWIMMING POOL : As defined in the Code of the Township of Millburn as a "pool".
THEATERS : Buildings used for the presentation of legitimate live or recorded productions.
TRAILER : A portable vehicular structure on a chassis which can be used as a temporary dwelling for travel, recreation, or other short-term uses and may contain kitchen, sleeping, private bath, and general living facilities. See also Camper definition.
UTILITY : Services including, but not limited to, sewage treatment, water supply, gas, electricity, telephone, and cable TV.
YARD : Space unoccupied, except as permitted in this Ordinance, extending between any building and a lot line or street line. See also Setback definition.
YARD, FRONT : The area extending across the full width of a lot between the street line and the nearest point of the building to the street, extending to the side lot lines from such point in lines parallel or concentric to the street line. For corner lots, there shall be (two) 2 front yards. The division line for the 2 front yards shall be a line from the intersection or radius point (if applicable) of the front yard setback lines to the point of intersection (of tangents) of the street lines.
YARD, REAR : The area extending across the full width of a lot between the rear lot line and the nearest point of the principal building to the rear lot line, extending to the side lot lines from such point in lines parallel or concentric to the street line. See Corner Lots and Rear Yard-Unoccupied definition.
YARD, SIDE : The area lying between each side lot line and the nearest point of the principal building to each side lot line, excluding front and rear yards. For single family dwellings in the R-3 through R-6 districts, certain side yard standards relate to the height of building segments. For the purpose of this provision, the height of a building segment shall be the vertical distance from the average ground elevation to the highest portion of the building which lies between the minimum setback for building segments up to 18 feet in height, as regulated in this Ordinance. The average ground elevation shall be calculated by measuring the ground elevation at 10 foot intervals around the perimeter of the foundation of the portion of the building which lies in closest proximity to the side lot line.
CAFRA PLANNING MAP means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
COMPACTION means the increase in soil bulk density.
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 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.
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 County 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 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 Non-game Species Program.
EMPOWERMENT NEIGHBORHOOD means a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
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.
NODE means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
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 Millburn, or other 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.
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 reins 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.
TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to State resources through the New jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.
URBAN REDEVELOPMENT AREA is defined as previously developed portions of areas:
1. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
2. Designated as CAFRA Centers, Cores or Nodes;
3. Designated as Urban Enterprise Zones; and
4. Designated as Urban Coordinating Council Empowerment Neighborhoods.
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.
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.
APPEAL , means a request for a review of the Construction Code Official 's interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING means a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT means any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL means 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.
DEVELOPMENT means 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 operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING means a non-basement building (i) built in the case of a building in a Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood 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 OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from:
[1] The overflow of inland or tidal waters and/or
[2] The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) means the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Digital Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD PLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE means any structure that is:
[a] Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
[b] Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
[e] Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
[d] Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved State program as determined by the Secretary of the Interior; or (2) Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR means the lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a buildings lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME means a structure, transportable in one or more Sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured horne" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
RECREATIONAL VEHICLE means a vehicle which is [i] built on a single chassis; [ii] 400 square feet or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, 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 excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
[1] Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
[2] Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance.
COMMISSION : The Historic Preservation Commission for the Township established pursuant to Section 803.
DEMOLITION : The partial or total razing or destruction of any improvement within an historic district or of any historic site.
DESIGNATED HISTORIC DISTRICT : An area containing one or more designated historic sites and certain intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, as specifically designated in Section 804.
DESIGNATED HISTORIC SITE : Any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been designated in the Master Plan as being of historical, archaeological, cultural, scenic, or architectural importance, as specifically designated in Section 804.
HISTORIC PRESERVATION PERMIT AND ADVISORY OPINION : One or more of the following as may be required under this Article:
(1) Historic site demolition permits required by Section 805.1(B);
(2) Historic site relocation permits required by Section 805.1(C);
(3) Historic site alteration advisory opinions required by Section 805.1(D);
(4) Historic district addition advisory opinions required by Section 805.2(C);
(5) Historic district demolition permits required by Section 805.2(E);
(6) Historic district relocation permits required by Section 805.2(F); and
(7) Historic district construction permits required by Section 805.3.
IMPROVEMENT : Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installed for a period of not less than one hundred twenty (120) consecutive days.
LOT : Any 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.
MASTER PLAN : The Master Plan for the Township dated June, 1985, as the same may be amended from time to time.
NON-DESIGNATED SITE : All lots and structures thereon, located within any designated historic districts which are not designated historic sites.
SURVEY : The catalog of documented historic sites and districts determined to meet specified criteria entitled Historic Structures Survey, Township of Millburn (Millburn Short Hills Historical Society and David Gibson Associates. 1979; funding assistance from the National Park Service, through the Office of NJ Heritage) and adopted by the Commission and incorporated into the Historic Preservation Element of the Master Plan, as the Survey may be amended from time to time by the Commission.
ADMINISTRATIVE AUTHORITY : The Planning Board or Board of Adjustment and the Board of Health, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT : Person applying to the Board of Health, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this Article 9, and that would be located within a regulated Well Head Protection Area.
AQUIFER : A formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.
BEST MANAGEMENT PRACTICES (BMP) : These are performance or design standards established to minimize the risk of contaminating ground water or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
CONTAMINATION : The presence of any harmful or deleterious substances in the water supply.
DEVELOPMENT : The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.
DISCHARGE : Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective Federal or State Permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the State or into waters outside the jurisdiction of the State when damage may result to the lands, waters or natural resources within the jurisdiction of the State.
GROUND WATER : Water contained in interconnected pores of a saturated zone in the ground, also known as well water. A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric.
HAZARDOUS SUBSTANCE : Any substance designated under 42 U.S.C. § 9601 et seq. (CERCLA) or 40 C.F.R. 116 et seq., or the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE : Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
MAXIMUM CONTAMINANT LEVEL : Maximum permissible level of a contaminant in water which is delivered to any user of a Public Community Water System.
NJDEP : New Jersey Department of Environmental Protection.
PERSON : Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this State, and any state, Federal or interstate agency or an agent or employee thereof.
POLLUTED WATER : In the content of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.
POTENTIAL POLLUTANT SOURCE (PPS) : Activity or land use which may be a source of a pollutant that has the potential to move into ground water withdrawn from a well. For the purposes of this ordinance Potential Pollutant Sources are defined in Section VI.
PPS : Potential Pollutant Source
PUBLIC COMMUNITY WELL : A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
SIC : Standard Industrial Classification.
SOLE SOURCE AQUIFER : Any drinking water aquifer upon which more than 50% of a population group depends and for which there is no practicable or affordable alternate water supply, as certified by the United States Environmental Protection Agency.
TIME OF TRAVEL (TOT) : The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.
TIER 1 WELL HEAD PROTECTION AREA : That area of land within a WHPA from which ground water may enter the well within 2 years. (See maps referenced under Section 904)
TIER 2 WELL HEAD PROTECTION AREA : That area of land within a WHPA from which ground water may enter the well within 5 years. (See maps referenced under Section 904)
TIER 3 WELL HEAD PROTECTION AREA : That area of land within a WHPA from which ground water may enter the well within 12 years. (See maps referenced under Section 904)
WELL HEAD : The well borehole and appurtenant equipment.
WELL HEAD PROTECTION AREA (WHPA) : An area described in plan view around a well, from which ground water flows to the well and ground water pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
WHPA : Well Head Protection Area.
PLAT, FINAL The plat of all or a portion of- the development prepared and submitted to the Planning Board for final approval.
PLAT, PRELIMINARY THE , plat prepared and submitted to the Planning Board as a pall of the application for preliminary approval.
ADVERTISING STRUCTURE mean any rigid or semirigid material, with or without a sign displayed thereon, situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed.
DIRECTORY OF OCCUPANTS SIGN shall mean a sign or plate attached to and/or painted upon the facade of a building listing the tenants or occupants thereof and their respective profession& or business activities.
DIRECTIONAL SIGN shall mean a sign or device intended to direct or point toward a place or which gives verbal directions of any sort,
IDENTIFICATION SIGN shall mean any sign, symbol, trademark, structure or similar device used to identify the occupant of any structure, the product made or the activity being pursued by any individual business service or industrial activity.
OFFICIAL SIGN shall mean any sign, symbol or device erected and maintained by the Federal Government, the State of New Jersey, the County of Monmouth or the Township of Millstone for the 25-1 MILLSTONE TOWNSHIP CODE purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare; or any sign of a civic, fraternal or religious organization specifically authorized by the Township Committee.
OUTDOOR ADVERTISING SIGN COMPANY shall mean a company in the business of leasing outdoor advertising space and under the licensing power of the Outdoor Advertising Tax Bureau of the Department of Treasury of the State of New Jersey.
GROUND SIGN shall mean a self-supporting sign connected to the ground and independent of any other structure, including pylon, pedestal, or individual post-type supports,
PROJECTING SIGN shall mean a sign attached to the building wall which neither extends more than fifteen (15") inches from the face of the wall nor projects nearer to the ground surface than ten (10') feet nor projects above the roof line or storefront facade line nor extends beyond the ends of the facade or building.
WALL SIGN shall mean a flat sign attached to and/or painted upon a building wall which extends not more than fifteen (15") inches from the wall and is not extended above the top or beyond the ends of the facade.
SIGN shall mean the outdoor and/or indoor display of any writing, Printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment. (1 971 Code §44A-1; Ord, 9-3-74)