[Amended 11-12-91 by Ord. No. 91-111; 6-10-92 by Ord. No. 92-19; 4-22-96 by Ord. No. 96-8; 1-25-99 by Ord. No. 99-4]
For the purposes of this Ordinance, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural and person(s) shall also mean other legal entities. All definitions in Chapter 228, Zoning, shall also apply to this Ordinance.
ADMINISTRATIVE OFFICER - The Director of Planning & Engineering or Designee unless a different township official or officials are designated by this chapter as defined elsewhere or by state statute. [Amended 1-25-99 by Ord. No. 99-4]
APPLICANT - A person submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required of an applicant by ordinance for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVING AUTHORITY - The Planning Board of the Township of East Brunswick, unless a different agency is designated by this chapter, when acting pursuant to the authority of this chapter.
BOARD OF ADJUSTMENT - The Board established pursuant to Section 56 of the New Jersey Municipal Land Use Law. Also known as the Zoning Board of Adjustment.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof
CAPITAL IMPROVEMENT - A governmental acquisition of real property or a major construction project.
CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
COMPLETE APPLICATION - An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for any lack of such additional information or any revisions in accompanying documents so required by municipal agencies. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed completed as of the day it is so certified by the Director of Planning & Engineering or designee for purposes of the commencement of the time period for action by the municipal agency. [Amended 1-25-99 by Ord. No. 99-4]
CONDITIONS OF APPROVAL - Includes all testimony, other agency approvals, bonds and all requirements stated in the resolution of approval.
CONDITIONAL USE - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
CONTROLLED ACCESS HIGHWAYS - Those that are used by heavy-duty traffic and which permit no access fro abutting property.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
CONVENTIONAL - Development other than planned development or cluster development.
COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Middlesex County with the accompanying maps, plats, charts and descriptive and explanatory matter. adopted by the County Planning Board pursuant to N.J.R.S. 40:27-2 and N.J.R.S. 40:27 -4.
COUNTY PLANNING BOARD - The Middlesex County Planning Board.
DAYS - Calendar days.
DESIGNATED OPEN SPACE - A parcel or parcels of land or an area of water or a combination of land and water, within the site designated for a planned unit residential development or cluster development and designed or intended for the use or enjoyment of residents and owners of the planned unit residential development or cluster development. Designated open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit residential development or cluster development.
DESIGNEE - The person appointed by the Director of Planning & Engineering or designee to perform a specified function or duty assigned to such administrative officer by this chapter. [Amended 1-25-99 by Ord. No. 99-4]
DESIGN ENGINEER - A person professionally qualified and duly licensed in New Jersy 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. [Added 2-27-06 by Ord. No. 06-06]
DENSITY - The permitted number of dwelling units per gross area of land to be developed.
DEVELOPER - 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.
DEVELOPMENT - The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION - A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to law.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions, as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AREA - 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. [Added 2-27-06 by Ord. No. 06-06]
ENVIRONMENTAL COMMISSION - The East Brunswick Environmental Commission appointed by the Mayor pursuant to Chapter 3-94.
ENVIRONMENTALLY CRITICAL AREAS - 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 Departments Landscape Project as approved by the Departments Endangered and Nongame Species Program. [Added 2-27-06 by Ord. No. 06-06]
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved development plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or an approval conditioned upon the posting of such guarantees.
FLOOR AREA RATIO (F.A.R.) - The sum of the area of all floors of buildings or structures compared to the total area of the site.
GOVERNING BODY - The Township Council of the Township of East Brunswick.
HISTORIC DISTRICT - One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE - Real property, man-made structures, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. [Added 2-27-06 by Ord. No. 06-06]
INTERESTED PARTY:
(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
(2) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
LAND - Includes improvements and fixtures on, above or below the surface.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOW OR MODERATE INCOME HOUSING - Wherever this phrase is used, it includes but is not limited to housing at the least or lowest cost possible and feasible, conforming to state and federal definitions for low-and moderate-income housing, consistent with minimum standards of health and safety.
MAINTENANCE GUARANTEE - Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit, and cash. (Amended 6-10-92 by Ord. No. 92-19]
MAJOR ARTERIAL STREETS - Those which are used primarily for heavy local and trough traffic.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MAJOR COLLECTOR STREETS - Those which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MAJOR DEVELOPMENT - Any development or redevelopment that provides for disturbance of one quarter (1/4) 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. [Added 2-27-06 by Ord. No. 06-06]
MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.
MARGINAL SERVICE STREETS - Those which are parallel or adjacent to controlled access highways or arterials and which provide access to abutting properties and protection from through traffic.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to this chapter.
MAYOR - The chief executive of the Township of East Brunswick.
MINOR ARTERIAL STREETS - Those with signals at important intersections and stop signs at side streets, and which collects and distributes traffic to and from collector streets.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MINOR COLLECTOR STREETS - Those which are used primarily for access to the abutting properties.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MINOR SITE PLAN - A development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off tract improvement which is to be prorated pursuant to this code; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
MINOR SUBDIVISION - A subdivision of land for the creation of not more than 3 lots; provided that such subdivision does not involve
(1) a planned development,
(2) any new street; or
(3) the extension of any off tract improvement the cost of which is to be prorated pursuant to this code.
MUNICIPAL AGENCY - The East Brunswick Planning Board or Zoning Board of Adjustment or the Township Council when acting pursuant to this chapter.
MUNICIPALITY - The Township of East Brunswick.
NONCONFORMING STRUCTURE - A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NUTRIENT - A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms. [Added 2-27-06 by Ord. No. 06-06]
OFFICIAL COUNTY MAP - The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Middlesex County pursuant to N.J.R.S. 40:27-5.
OFF-SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
OFF-TRACT - Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
ON-SITE - Located on the lot in question and excluding any abutting street or right-of-way.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
ON-TRACT - Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
OPEN SPACE - Any parcel or area of land and/or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of land.
PERFORMANCE GUARANTEE - Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit and cash. [Amended 6-10-92 by Ord. No. 92-19]
PERSON - Any individual, corporation, company, partnership, firm, association, East Brunswick Township, or political subdivision of this State subject to municipal jurisdiction to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. [Added 2-27-06 by Ord. No. 06-06]
PLANNED UNIT DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance to be planned and developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance to be planned and developed as a single entity according to a plan, containing one (1) or more residential clusters, which may include appropriate commercial, public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD - The East Brunswick Planning Board established pursuant to this chapter.
PLAT - A map or maps of a subdivision or site plan.
POLLUTANT- 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 (42U.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. [Added 2-27-06 by Ord. No. 06-06]
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to the applicable sections of this chapter, prior to final approval, after specific elements of a development plan have been agreed upon by the proper reviewing authority and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - 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.
PUBLIC AREA:
(1) Public parks, playgrounds, trails, paths and other recreational areas.
(2) Other public open spaces.
(3) Scenic and historic sites.
(4) Sites for schools and other public buildings and structures.
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
QUORUM - The majority of the full authorized membership of a municipal agency.
RECHARGE - The amount of water from precipitation that infiltrates into the ground and is not evapotranspired. [Added 2-27-06 by Ord. No. 06-06]
RESIDENTIAL CLUSTER - An area to be developed as a single entity, according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.
RESUBDIVISION:
(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 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.
SEDIMENT - A solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, wind or gravity as a product of erosion. [Added 2-27-06 by Ord. No. 06-06]
SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE -The Lot or lots upon which a major development is to occur or has occurred. [Added 2-
