APPEAL shall mean a request for a review of the construction official's interpretation of any provision of this Article or a request for a variance.
AREA OF SHALLOW FLOODING shall mean a designated AO or AH zone on a community's Flood Insurance Rate Map with a one percent 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 anti where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD shall mean 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 shall mean the flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT shall mean any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT shall mean any manmade 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 an area of special flood hazard.
ELEVATED BUILDING shall mean a non-basement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts 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 shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters and/or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) shall mean 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) shall mean the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD PLAIN MANAGEMENT REGULATIONS shall mean 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 shall mean 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 shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE shall mean 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;
c. 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 shall mean the lowest floor of the lowest enclosed area (including basement). An unfmished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME shall mean 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 home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION shall mean structures for which the start of construction commenced on or after the effective date of a flood plain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION shall mean 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 shall mean 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)) shall mean and include 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 shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE shall mean 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 shall mean 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:
a. 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
b. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE shall mean a grant of relief from the requirements of this Article which permits construction in a manner that would otherwise be prohibited by this Article.
DOMESTIC SEWAGE shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Scotch Plains, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. §1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Scotch Plains or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
ACCESSORY SUITE shall mean a portion of a singlefamily dwelling with separate housekeeping facilities in accordance with the conditions set forth in subsection 23-2 3p of this zoning ordinance and approved by the zoning officer subsequent to the submission of the "notice of intent to establish accessory suite."
ACCESS ROADWAY shall mean a fully improved private street providing access to driveways from an improved public street or private roadway
ACRE shall mean an area or land which includes a total of 43,560 square feet
ADMINISTRATIVE OFFICER shall mean the zoning officer of the Township of Scotch Plains
AISLE shall mean a travelway used to give immediate access to adjoining parking spaces from another aisle, driveway, passageway or private garage
ALTERATIONS shall mean as applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moves of the building from one location or position to another
APPLICANT shall mean a 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, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to C 40:55D-34 or C 40:55D-36
APPROVING AUTHORITY shall mean the planning board or board of adjustment of the Township of Scotch Plains by ordinance when acting pursuant to the authority of the Municipal Land Use Law and the Land Use and Development Ordinances of the Township of Scotch Plains
AUCTION MARKET shall mean premises on which are held at periodic times auction sales of merchandise or any other personal property
BASEMENT shall mean a story partly underground and having one-half or more of its clear ceiling height above the average level of the adjoining ground
BOARD OF ADJUSTMENT shall mean the board established pursuant to C 40 55D-69 et seq.
BUFFER AREA shall mean an area unoccupied by any structures, parking spaces, driveways, containers used for garbage, heating, ventilating or air conditioning equipment and the like, or any other objects other than trees, plants or other growing materials. The buffer area shall be totally within the lot lines of the subject property and in no case shall the right-of-way, street or other public area be used for the buffer area. The provision of fencing and/or shrubbery or other landscaping in the buffer area or as screening in lieu of the required ten foot or 20 foot buffer area provided for iii the zoning ordinance, shall be to the satisfaction of the approving authority and shall be adequate to provide a barrier to reduce light and noise transmission to the adjacent property and shall be properly maintained in conformance with the ordinances of the township.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING AREA shall mean the aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING COVERAGE shall mean the square footage by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades, and including the area under the roof of any structure.
BUILDING HEIGHT shall mean the vertical dimension measured from the average elevation from the finished lot grade at the front of the building to the highest point of ceiling of the roof rafters of the top story of a flat roof, to the top of a deck line of a Mansard roof, and to the top of the rafters of the ridge of a Gable, Hip, or Gambrel roof.
BUILDING LINE shall mean a line formed by the intersection of the most projected portion of the foundation wall with the ground of each side of the building, cantilevered sections of a building, overhangs, or other projections, unroofed porches, and steps, and chimneys shall not be considered in determining the building line unless they project more than three feet beyond the foundation. All yard requirements shall be measured to the building line.
BUSINESS OFFICE shall mean a business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber and beauty shops and repair services, such as radio and television repair shops are not to be included within the definition of business office.
BUSINESS ZONE shall mean that wherever in this chapter, the terms "business zone" or "commercial zone" appear, they are to be considered as one and the same.
CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project.
CELLAR shall mean a story partly underground and having more than one-half (1/2) of its clear ceiling height below the average level of the adjoining ground.
CERTIFICATE OF OCCUPANCY shall mean a certificate issued by the zoning officer or the construction official upon completion of construction, alterations, or change in use of a building. The certificate shall acknowledge compliance with all requirements of this chapter or such adjustments thereto granted by the approving authority and that the building was constructed in accordance with the plans and specifications filed with the construction official and meets all other applicable township regulations.
**Webmasters Note: The previous definitions, Buffer Area through Certificate of Occupancy, have been amended as per Supplement No. 41.
CHURCH shall mean a building or group of buildings including customary secondary uses designed or intended for public worship For the purpose of this chapter, the word church shall include chapels, congregations, temples, cathedrals, and similar designations as well as rectories, parish houses, convents and such secondary uses
CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, waterways, railways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development
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 this zoning ordinance, and upon the issuance of an authorization therefor by the planning board
CONVENTIONAL shall mean development other than planned development
COUNTY MASTER PLAN shall mean a composite of the master plan for the physical development of the county in which the municipality is located with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R S 40.27-2 and RS 40.27-4
COUNTY PLANNING BOARD shall mean the planning board of the county of Union
CUL-DE-SAC shall mean a dead end street with a turn around at the end.
CURB LEVEL shall mean the officially established grade of the curb in front of the midpoint of the lot, or in the absence of an officially established curb level, the mean level of any existing curb or of the lot at the street line.
DAYS shall mean calendar days.
DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed
DENSITY ZONING, RESIDENTIAL shall mean optional reduction in otherwise specified lot sizes and setbacks in a one-family residential development, in exchange for the dedication of common open space either to the township where the township so determines, or to a neighborhood association formed on a compulsory basis of the purchasers of homes in the development, such that there is not more than the number of homes which could be developed under the zoning otherwise specified This number shall be determined by comparing subdivision plans to be prepared by the developer with and without such reduction in lot size. Minimum tract size for the application of density zoning shall be ten acres, and shall be permitted only where determined by the approving authority to be appropriate for the reservation of common open space and to be compatible with the planning and design of adjoining and nearby presently or potentially developed areas. The common open space shall be appropriately improved for recreation use, or installation of detention ponds for flood and drainage control, or shall have appropriate protective measures or initial maintenance provided where conservation is proposed, before such open space is dedicated by the developer, as provided in the subdivision ordinance. (Chapter XII of this code)
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.
DEVELOPMENT shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, 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 C 40 55D-1 et seq. "Development" shall also include any modification to an existing, approved site plan including but not limited to parking lot modifications and/or expansion, installation or modification of lighting improvements, placement of trash receptacles, except that routine maintenance of any improvement on a site shall not be considered a development
DEVELOPMENT REGULATION shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map, ordinance or other township regulation of the use and development of land, or amendment thereto adopted and filed pursuant to C 40-55D-1 et seq.
DIVISION shall mean the Division of State and Regional Planning in the Department of Community Affairs
DRAINAGE shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVEWAY shall mean a travelway providing access from a public street or access roadway to an aisle, passageway of a parking lot or private garage.
DWELLING UNIT shall mean one or more rooms which are so designed as to provide living facilities for one family to reside in and which functions as a single, independent and separate housekeeping unit
DWELLING, ONE-FAMILY shall mean a detached building containing a dwelling unit designed for or occupied exclusively by one family
ENVIRONMENTAL COMMISSION shall mean a municipal advisory body created pursuant to P.L. 1968, C 245 (C. 40-56A-1 et seq.)
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FAMILY shall mean one or more persons lawfully occupying a dwelling unit and living as a single nonprofit housekeeping unit. Also permitted are foster children placed with a family in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or duly incorporated child care agency and children placed pursuant to law in single family dwellings known as group homes. As used in this section, the term "group home" means and includes any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commission of Institutions provided, however, that no group home shall contain more than 12 children.
FENCE shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure or screening of yard areas or portions thereof.
FINAL APPROVAL shall mean the official action of the planning board or board of adjustment when the board of adjustment has jurisdiction, taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FLOOR AREA, GROSS shall mean the sum of the horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. These areas shall be measured between the outside face of exterior walls, or from the center line of walls separating two dwelling units. This area shall not include unfinished areas below the average level of the adjoining ground, garage space, or accessory building space.
FRONTAGE shall mean the land lying along the right-of-way line of a street between the street lot lines of a lot.
GARAGE, PRIVATE shall mean a secondary use in conjunction with a primary building or a portion of a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit is carried on.
GARAGE, PUBLIC shall mean any garage other than a private garage which is available for or used for the storage of motor vehicles, boats or other such equipment.
GARDEN APARTMENT shall mean a building or buildings containing four or more dwelling units of not over two stories, other than one and two-family dwellings, with the habitable floor area of each being on a single level or on two levels, one above the other provided with a private interior individual stairway.
GARDEN APARTMENT PROJECT shall mean a building or group of buildings designed to accommodate a group of dwelling units within a single project and which is designed so that the group of dwelling units utilize such common facilities as pedestrian walks, parking and garage areas, open space recreation areas and utility and service facilities.
GOLF CLUB shall mean an area of 100 or more contiguous acres containing a full size golf course, at least 18 holes in length totaling a minimum to green length of 6,000 yards, together with such other secondary uses as may be permitted by this chapter.
GOVERNING BODY shall mean the chief legislative body of the municipality.
INFILL DEVELOPMENT shall mean the development of existing oversized lots or properties by subdividing existing lots without the benefit of extending existing roads, streets, or cul-de-sacs, as outlined on the official map. Any new development or subdivision of existing properties that are newly created lots having existing frontage on an existing street, as indicated on the official map, or which creates any new streets, roads, or cul-de-sacs, shall not be considered infill development.
INTERESTED PARTY shall mean (a) in a criminal or quasicriminal proceeding, any citizen of the State of New Jersey; and (b) in the case of 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 pursuant to C. 40:55D-1 et seq. or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.
JUNK YARD shall mean any area 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, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LAND shall mean and include improvements and fixtures on, above or below the surface.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA shall mean an area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
LOT, CORNER shall mean a parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE shall mean the square footage by which all buildings and other surfaces cover a lot as measured in a horizontal plane to the limits of the area or areas. Ail surfaced parking areas, and all required parking areas which are permitted to remain unsurfaced, shall be included in the computation of total lot coverage. Lot coverage shall also include the area covered by all decks, sheds, and the like, swimming pools (both aboveground and inground), patios, and tennis courts; as well as unpaved stone, gravel, or semipervious, nonvegetative surfaces.
LOT WIDTH shall mean the horizontal distance between the side lot lines of a lot measured to its depth, along a straight line parallel to the front lot line at the minimum building setback. In no case shall a lot be less than those indicated and calculated on Schedule 23-3.4A.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.
MASTER PLAN shall mean a composite of one or more written or graphic proposals for the development of the township as set forth in and adopted pursuant to C. 40:55D-28.
MAYOR shall mean the chief executive of the township. The term shall not mean the "municipal manager" but shall mean the mayor of the Township of Scotch Plains.
MINOR SUBDIVISION shall mean a subdivision of land that does not involve (a) the creation of more than three lots, (b) planned development, (c) any new street or (d) extension of any off-tract improvement.
MOTOR VEHICLE SERVICE ESTABLISHMENT shall mean a building or use which is designed or intended to be used for the servicing, repair, maintenance, or cleaning of motor vehicles or other automotive equipment, excluding any use which is defined as a "private garage" by this chapter.
MUNICIPALITY shall mean the Township of Scotch Plains.
MUNICIPAL AGENCY shall mean the municipal approving authority, or the governing body of the municipality, when acting pursuant to C. 40:55D-1 et seq. and any agency which is created by or responsible to the township when such agency is acting pursuant to C. 40:55D-1 et seq.
NONCONFORMING LOT shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING BUILDING OR STRUCTURE shall mean a building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision as amended.
NONCONFORMING USE shall mean a use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OCCUPANCY shall mean the specific purpose for which land or a building is used, designed or maintained.
OFFICIAL COUNTY MAP shall mean the map, with changes and additions thereto, with changes and additions thereto adopted and established from time to time, by resolution of the board of chosen freeholders of Union County pursuant to R.S. 40:27 -5.
OFFICIAL MAP shall mean a map adopted by ordinance pursuant to C. 40:55D-32 et seq.*
*NOTE: The map has been provided, and its adoption by ordinance has to take place by Mayor and Council.
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 a 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 a contiguous portion of a street or right-of. way
**Webmasters Note: The previous definitions, Family through Off-Tract, have been amended as per Supplement No. 41.
ONSITE shall mean located on the lot in question.
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
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land
PARKING SPACE AND APPURTENANCES shall mean an off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area nine feet wide and 18 feet long exclusive of aisles, driveways and passageways, appurtenant thereto and giving access thereto
PARTY IMMEDIATELY CONCERNED shall mean for the purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to C 40 55D-12 et seq.
PERFORMANCE GUARANTEE shall mean any security, which may be accepted by a municipality including cash, provided that a municipality shall not require more than ten percent of the total performance guarantee in cash
PLANNED COMMERCIAL DEVELOPMENT shall mean an area of not less than three acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted.
PLANNED DEVELOPMENT shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development
PLANNED INDUSTRIAL DEVELOPMENT shall mean an area of not less than five acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and other uses incidental to the predominant use as may be permitted by ordinance
PLANNED UNIT DEVELOPMENT shall mean an area not less than ten acres, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT shall mean an area not less than ten acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development
PLANNING BOARD shall mean the planning board of the Township of Scotch Plains established pursuant to C 40.55D-23 et seq.
PLAT shall mean a map Or maps of subdivision or site plan
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to C. 40.55D-46, C. 40 55D-48 and C. 40.55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
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.
PRIMARY USE shall mean the main or principal activity taking place or intended to take place in a building or on a lot.
PROFESSIONAL OFFICE shall mean the office of a member of a recognized profession maintained for the conduct of that profession The definition shall be limited to the professions of medicine, law, architecture, engineering and such similar professions which require a comparable degree of formal education and experience.
PUBLIC AREA shall mean (a) public parks, playgrounds, trails, paths and other recreational areas, (b) other public open spaces; (c) scenic and historic sites, and (d) sites for schools and other public buildings and structures
PUBLIC DEVELOPMENT PROPOSAL shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.
PUBLIC OPEN SPACE shall mean 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 shall mean the majority of the full authorized membership of a municipal agency
RESIDENTIAL CLUSTER shall mean 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
RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development
RESTAURANT shall mean any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building However, a snack bar at a public or a community playground, playfield, park or swimming club operated solely by the agency or group operating the recreational facilities and for the sole use of patrons of the facility, shall not be deemed to be a restaurant
RESUBDIVISION shall mean (a) 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 (b) 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
ROOM AS APPLIED TO GARDEN APARTMENT PROJECTS , shall mean and be defined as a living room, a dining room, a kitchen or a bedroom A kitchenette, which does not include space for eating, or a dining area of which one full wall is open into a living room shall be counted as one-half (1/2) room. A bathroom shall not count as a room.
SECONDARY USE shall mean a subordinate use of a lot or building, the purpose of which is incidental to that of the primary use and which is located on the same lot
SECONDARY STRUCTURE shall mean a building subordinate to and located on the same lot with a principal building, the use of which is clearly incidental to that of the principal building or to the use of the land, and which is not attached by any part of a common wall or common roof to the principal building. An attached private garage is not an accessory building
SEDIMENTATION shall mean 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
Reserved
Reserved
Reserved
**Webmasters Note: The three previous definitions sign, sign identification and site plan have been removed as per Supplement No. 37
SITE PLAN shall mean a development plan of one or more lots on which is shown
(a) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes, waterways,
(b) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures, and signs, lighting, screening devices, and
(c) 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 approving authority adopted pursuant to C. 40 55D-37 et seq.,
SOURCE shall mean that which creates the light, that is, the bulb, arc, flame, etc
STABLE shall mean a four-sided structure with doors, windows and roof
STANDARDS OF PERFORMANCE shall mean standards (a) adopted by ordinance pursuant to C 40.55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosives and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (b) required by applicable Federal or State laws or municipal ordinances.
STORAGE BUILDING shall mean a structure or any portion thereof as a secondary use for the storage of goods, wares, merchandise, raw materials, agricultural or manufactured products.
STORY shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. A "split level" story shall be considered a second story only if its floor level is six feet or more above the floor of the level next below it.
STORY, HALF shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such halfstory. A basement shall also be included as a halfstory.
STREAM BED shall mean the limits of the land area covered by the waters in a stream under conditions of an average 25 year storm.
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, county or municipal roadway, or (b) which is shown upon a plat heretofore approved pursuant to law, or (c) which is approved by official action as provided by C. 40:55D-1 et seq., or (d) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of an approving authority and the grant to such approving authority of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET FRONTAGE shall mean the land lying along the right-of-way line of a street between the street lot lines of a lot.
STREET LINE shall mean that line determining the limit of the highway rights of the public, either existing in fact or law, or contemplated as expressed by an official act of the township or as may otherwise be provided by law.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (a) divisions of land found by the approving authority or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (b) divisions of property by testamentary or intestate provisions, (c) divisions of property upon court order and (d) conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
**Webmasters Note: The previous definitions, Standards of Performance through Subdivision, have been amended as per Supplement No. 41.
SWIMMING POOL shall mean a swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
TOWN HOUSE shall mean a structure or dwelling unit in a structure, containing three or more dwelling units, arranged side by side or in clusters, so that one dwelling unit is not above or below another dwelling unit. (See affordable housing definition in subsection 23-3.19).
USE shall mean the specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE shall mean permission to depart from the literal requirements of the zoning ordinance pursuant to 40:55D-60, 40:55D-40b, and C. 40:55D-70 c and d.
YARD AREA, FRONT shall mean an open space, unoccupied by structures, on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.
YARD, REAR shall mean an open space unoccupied by structures, extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
YARD, SIDE shall mean an open space, unoccupied by structures, between the side line of the lot and the nearest line to the building and extending from the front yard to the rear yard, or in the absence of either side yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING PERMIT shall mean a document signed by the administrative officer
(a) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and
(b) which acknowledges that such use , structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to 40:55D-60 and 70.
LOW INCOME HOUSING shall mean housing affordable according to Federal Department of Housing and Urban Development or the standards included in COAH regulations for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the township is located and is subject to affordability controls promulgated by COAH.
MODERATE INCOME HOUSING shall mean housing affordable according to Federal Department of Housing and Urban Development or the standards included in COAH regulations for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to or more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the township is located and is subject to affordability controls promulgated by COAH.
SENIOR CITIZEN shall mean the head of a household who is 62 years of age or older.
TOWN HOUSE shall mean a structure or dwelling unit in a structure, containing three or more dwelling units, arranged side by side, in clusters or above or below another dwelling unit.
BILLBOARD shall mean a freestanding sign that communicates a commercial or noncommercial message related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.
DOUBLE-FACED SIGN shall mean a sign with a message visible on both sides of a support structure.
FACADE shall mean the total wall surface, including door and window area, of a building's face. In computing sign area only one face, the face fronting on the roadway, can be used as the principal face.
FACADE SIGN shall mean a fixed sign attached to a wall of the principal building.
FREESTANDING SIGN shall mean a self-supporting sign on one or two poles, standards or any other base anchored to the ground and in a fixed location not attached to any building, wall or fence and with the bottom of the sign placed to allow sufficient traffic safety visibility.
GROUND SIGN shall mean a fixed self-supporting sign on one or two supports mounted on the ground with the bottom of the sign at ground level.
SIGN shall mean any device, structure or object, either constructed, applied or painted, for visual communications that is used for the purpose of bringing the subject thereof to the attention of others. See subsection 23-1.103.
SIGN AREA shall mean the area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by the projected, enclosed, four-sided (straight sides) geometric shape, which most closely outlines the said sign. See subsection 23-1.8a, 104.
SIGN IDENTIFICATION shall mean any sign, which shall be used to advertise and identify the business or activity conducted on the premises where the sign is located. See subsection 23-1.8a, 105.
TEMPORARY SIGN shall mean any sign, banner, pendent, valance, sandwich ("A") sign, advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light material intended to be displayed for a nonpermanent period. See the General Municipal Ordnance, Fine Section, in conjunction with subsection 23-1.5a. for the schedule of fines for noncompliance.
AFFORDABLE HOUSING DEVELOPMENT shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
COAH OR THE COUNCIL shall mean the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DEVELOPMENT FEE shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:978.3.
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.
EQUALIZED ASSESSED VALUE shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.