The purpose of this Ordinance is to establish a pattern for the use of land and building based on the land use element of the master plan, and to effectuate the master plan and enact it, in order to encourage municipal action and to guide the appropriate and orderly development of land in a manner which will promote the public health, safety, morals and general welfare of the people. This ordinance is intended to regulate the use of land within zoning districts; prohibit incompatible uses; secure safety from fire, flood, panic, and other natural and man-made disasters; provide adequate light, air, and open space; limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature, intensity and extent of the use of land for trade, industry, residence, open space and other purposes; regulate the bulk, height, number of stories and size of buildings and other structures; avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state; establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and regions, and the preservation of the environment; provide sufficient space for agricultural, residential, recreational, commercial and industrial uses and open space, encourage the location and design of transportation routes which will promote the free flow of traffic; promote a desirable visual environment; promote the conservation of open space and valuable natural resources and to prevent degradation of the environment through improper use of land; and conserve the taxable value of lands.
300 STANDARD TERM AND WORD USAGE
Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used.
Certain phrases and words are herein defined as follows:
ACCESSORY BUILDINGS, 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, whether the same be attached or detached. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building except as specifically noted herein. Barns and similar buildings on farms are considered accessory buildings.
ADMINISTRATIVE OFFICER - For Planning Board matters, the Planning Board Assistant Secretary; for Zoning Board of Adjustment matters, the Zoning Board of Adjustment Assistant Secretary; and for Governing Body matters, the Township Clerk.
ADVERSE EFFECTS - Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions or tending to create such conditions in a development or any adjacent property, such as improper circulations and drainage as defined in C.40:55D-3 and C.40:55D-4 of the "Municipal Land Use Law" as amended, inadequate drainage facilities, insufficient street width, unsuitable street grades, unsuitable conditions for on-site septic systems and wells, danger to wetlands and flood plains, unsuitable street location to accommodate prospective traffic or coordinate and compose a convenient system, locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size, and neither providing nor making allowance for other facilities required by this ordinance.
AGRICULTURAL PURPOSES - The use of land for growing and harvesting crops and/or the raising, training and breeding of animals.
AGRICULTURE - The growing and harvesting of crops and the raising, keeping, training, and breeding of farm animals including truck farms, livestock, dairies, fruit farming, nurseries and greenhouses, buildings for housing seasonal workers for the farmer's own use, barns, and grading and storage buildings with packing but not processing operations all limited to produce raised on the premises, and buildings for keeping of poultry and livestock, and garages for the keeping of equipment and trucks used in farm operations. "Agriculture" shall not include commercial hog raising when fed upon garbage or similar refuse; nor shall "agriculture" include commercial poultry farms unless the poultry house walls and brooder house walls are at least 500 feet from any lot line. A "commercial poultry farm" shall be deemed to be any farm on which there are more than 100 fowl. Agriculture may include the raising and breeding of, and experimentation with, animals for medical and scientific purpose including on-site disposal through incineration providing no structure is closer than 500 feet to any lot line and the operation is conducted in accordance with all applicable federal, state, and local laws governing such things as licensed or registered personnel and housing, care and treatment of animals.
ALTERATIONS AND ADDITIONS, STRUCTURAL - Any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - 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 permit pursuant to Article 4 "Administrative Provisions" of the ordinance.
APPROVING AUTHORITY - The planning board unless a different agency is designated in the text of this ordinance when acting pursuant to the authority of the Municipal Land Use Law as amended.
ATRIUM HOUSE - An attached unit similar to a townhouse except it is arranged to produce a private yard designed for privacy through the use of building walls on at least two sides of the yard with fencing and/or walls on the remaining two sides. More than two units can be attached.
BASEMENT - A story having more than 25% of its clear height below average contact grade.
BILLBOARD - An off-site lettering or pictorial advertising sign or display.
BOARD OF ADJUSTMENT - The board established pursuant to Article 4 "Administrative Provisions" of this ordinance.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING COVERAGE - The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane including the area under the roof of any overhang or any structure supported by columns but not having walls.
BUILDING HEIGHT - The vertical distance measured to the highest point from the mean elevation of the finished grade measured 5 feet along and 5 feet away from the foundation along the side(s) of the building facing a street.
BUILDING PRINCIPAL - See "principal use", and "accessory building, structure or use".
CAMPER
CAMPER TRAILER - See "trailer, camper".
CARTWAY - The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs.
CHECK LIST - A list, contained herein, required to be submitted with application for development detailing information, documents, plats and data to be submitted.
CHILD CARE CENTER - A center as defined and licensed by the New Jersey Department of Human Services pursuant to P.L. 1983F, C, 492 (C.30:5B-1 et. seq.) as amended.
CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, fuel, water, air, sewage or power by such means as streets, highway, 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.
CLINIC - A place where patients are studied or treated on an outpatient basis by physicians or other qualified professional people specializing in various ailments and practicing as a group and where no overnight accommodations are provided.
CLUSTER DEVELOPMENT - A development technique based on overall dwelling unit density and allowing the lot sizes to be reduced without increasing the number of lots within the development, in order to generate open space and/or common open space.
COMMON OPEN SPACE - 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.
COMMON PROPERTY - Land or water, or a combination of land and water, together with improvements, within or related to a site designated as a development, and designed and intended for the use and enjoyment of residents and owners of the development. Common property includes common open space and 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 - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this ordinance, and upon the issuance of an authorization therefore by the planning board.
CONSERVATION, OPEN SPACE, DRAINAGE AND UTILITY RIGHT OF WAY EASEMENT - Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purposes of this easement as provided for in the definition of "drainage and utility right-of-way" and in the Section entitled "Public Use and Service Areas" in Article 6.
CONVENTIONAL DEVELOPMENT - Development other than planned development.,
COMPLETE APPLICATION FOR PURPOSES OF DETERMINING TIME PERIOD FOR ACTION - An application for development shall be deemed complete for the purpose of commencing the applicable time period for action by the approving authority when a completed application, check list and all documents, data and information required therein has been submitted and so certified by the approving authority or its authorized committee or designee. In the event that the approving authority, committee or designee does not certify the application to be complete within 45 days of its submission, or within such further time as may be consented to by the applicant, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period, unless (a) the application lacks information indicated on a check list adopted by ordinance and provided to the applicant and (b) the approving authority or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submissions requirements be waived, in which event the approving authority or its authorized committee shall grant or deny the request for a waiver within 45 days. Nothing herein shall be construed as diminishing the applicants obligation to prove in the application process that he is entitled to approval of the application. The approving authority may subsequently require correction of any information found to be in error or incomplete and submission of additional information, specified or not specified in this ordinance, but not included in the certified application, or any revisions in, or addition to, 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 lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. As used herein, the words "submission of complete application" or "complete application" shall mean an application that has been certified as a complete application. The submission date shall be the date the application, check list(s), and required plats, data and documents and information are physically received by the administrative officer, initialed by same, and date stamped.
COUNTY PLANNING BOARD - Means the Monmouth County Planning Board as defined in Section 1 of P.L. 1968, c285 (N.J.S. 40:27-6.1).
COUNTY MASTER PLAN - 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 R.S. 40:27-4 as amended.
DAYS - Calendar days.
DENSITY - The number of dwelling units per gross acre of land to be developed. For purposes of this ordinance, "Gross Density" shall mean the number of dwelling units permitted on the total acreage of the original tract and "Net Density" shall mean the number of units permitted on some smaller portion of the original tract devoted to a particular dwelling unit type (i.e., townhouses, apartments, etc,) and those associated parking areas, access drives, and required yards.
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 propriety interest in such land.
DEVELOPMENT - 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 other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this ordinance.
DEVELOPMENT COMMITTEE - A committee of at least three planning board members, appointed by the chairman of the planning board with the approval of the majority of the board, for the purpose of reviewing subdivision and site plan applications prior to action by the entire board to determine whether such applications comply with all ordinance provisions and to make recommendations to the planning board for classifications and action. In the event that no development committee has been created, the functions delegated to it shall be performed by the planning board.
DEVELOPMENT REGULATION - A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance and/or other municipal regulation of the use and development of land, or amendment thereto adopted and filed.
DEVELOPMENT REGULATIONS ORDINANCE - Includes, but not limited to, Zoning Ordinance, Subdivision Ordinance and Site Plan Ordinance, procedures and requirements.
DRAINAGE - The removal or control of surface water or groundwater 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.
DRAINAGE AND UTILITY EASEMENT - Grant or grants to the township sufficient to permit the township to fulfill the intent and purpose of the easement as provided for in the definition of "drainage and utility right-of-way" and the section entitled "Drainage" and "Public Use and Service Areas" in Article 6.
DRAINAGE AND UTILITY RIGHT-OF-WAY - The lands required for the installation and maintenance of storm water and sanitation sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for the present or future installation and maintenance of storm water and sanitation sewers or drainage ditches and for maintaining and preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the Revised Statutes, as amended.
DUPLEX - A two-family dwelling.
DWELLING, SINGLE-FAMILY DETACHED - A building occupied or intended to be occupied for residential purposes by one family.
DWELLING, TWO-FAMILY - A building containing only two dwelling units and intended for residential occupancy by two families living independent of the other and each with its own separate building entrance, sleeping, cooking, and sanitary facilities.
DWELLING UNIT - A building or part thereof having cooking, sleeping and sanitary facilities for one family.
EFFICIENCY UNIT - A dwelling unit in a garden apartment building consisting of a bath plus one main room without permanent separations to be used for living, dining and bedroom facilities, with a kitchen area separated from the main room by either a permanent wall, or a sliding wall, or some other temporary partition.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice, and gravity.
EXAMINATION ROOM - Any room wherein special equipment may be installed for use in the examination and treatment of a patient as distinguished from a waiting room, counseling room or office of such practitioner.
FAMILY - One or more persons, either related or unrelated, living together as a single, non-profit housekeeping unit on a fairly stable, rather than a transient basis, where the occupants share the ordinary tasks of living in a dwelling unit such as, but not limited to, cooking and eating together, sharing inside and outside chores and household expenses, and performing other functional duties and activities akin to emulating family life in contrast to a group occupying a boarding house, rooming house, hotel, motel or similar living arrangements.
FARM - A lot of at least 5 acres used for agricultural purposes.
FARM STAND AND SITE - TEMPORARY SEASONAL - A structure, such as a building, wagon, truck or similar arrangements; signs and parking; and the lands upon which they are located; used for the wholesale or retail marketing of the agricultural and horticultural output of a commercial farm in accordance with Chapter 1C Agricultural Development and Farmland Preservation 4:lC-9. Marketing of "Pick Your Own" product operations are included.
FAST FOOD RESTAURANT - A public eating place where food and drink prepared for immediate consumption is purchased at a counter by the customer and either eaten on the premises at tables provided therein, or eaten in the purchaser's automobile, or eaten off the premises. Those restaurants where food is consumed only at tables on the premises and served by waiters and/or waitresses shall not be deemed "fast food restaurants". "Fast food restaurants" shall also not include those retail stores where food is primarily sold for preparation and consumption elsewhere.
FENCE - A construction, usually made of posts and wire or wood, plastic or iron, used as a barrier to enclose or border an area, to prevent entrance, to confine, to mark a boundary or for decorative or landscaping purposes. When installed in a Landscape or Conservation, Open Space, Drainage and Utility Right-of-Way easement, any 10 foot section of an installed fence, when viewed from a right angle, shall have a minimum of 60% open space and the open space shall be reasonably uniformly distributed along each 10 foot section of fence and no more than one 2 foot section of any 10 feet section of fence may be solid.
FINAL APPROVAL - The official action of the planning board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled in accordance with the provisions of this ordinance and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon meeting all the above conditions and requirements.
FIRST FLOOR AREA - The residential portion of a building excluding basement and garages measured by using the outside dimensions of the floor of the residential portion of the building closest to the mean elevation of the finished grade. For a split-level or tri-level dwelling, the area shall be considered to be the sum of the areas of the two adjoining levels, excluding cellars and garages, closest to the mean elevation of the finished grade as defined under "Building Height".
FLOOD FRINGE - That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD - AREA OF SPECIAL FLOOD HAZARD - The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
FLOODPLAIN - The generally flat terrain, subject to periodic flooding, adjacent to streams, ponds, lakes or swamps.
FLOODWAY - The channel of a river or other water-course 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.
FLOOR AREA RATIO - The ratio of gross floor area to the lot area.
FOOTCANDLE - A unit for measuring illumination equaling the amount of light per unit area (lumens per square foot).
GARAGE, PRIVATE - A building or structure attached to or accessory to a main building or structure used mainly for the parking of such vehicles of the occupants or users of the principal use, building, or structure as are customarily used for private, personal transportation in residential districts or used in the conduct of permitted uses in the business zones.
GARAGE, PUBLIC - A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles customarily used for private transportation, local school buses, commercial vehicles, farm equipment and farm vehicles, excluding, however, all non-farm equipment and vehicles used for off-the-road purposes, and omnibuses other than local school buses.
GARDEN APARTMENT - A multi-family building containing at least five dwelling units. Separate dwelling units shall be on both the first and the second floors.
GOLF COURSE - TYPE A - an area of 200 or more contiguous acres containing a full-size, professional golf course of at least 18 holes with permitted accessory uses as covered in Section 616.1, B(3).
GOLF COURSE - TYPE B - an area of 130 or more contiguous acres containing a full size golf course of at least 18 holes with limited accessory uses as covered in Section 616.1, C(3).
GOVERNING BODY - The legislative body of the Township of Colts Neck.
GROSS FLOOR AREA - Gross floor area shall be measured by using the outside dimension of the building, or mobile or manufactured home, excluding the area of an attic, patio and a maximum of 900 sq. ft. of garage area and further excluding the area used as a cellar and utility heating and cooling equipment areas. Only those portions of the first floor area in residential structures which have a ceiling height above them of 7 feet or more, or those floor areas on the second story which meet the definition of a half story, shall be included in the gross floor area. In nonresidential structures, floor area used for storage and other commercial purposes, regardless of the ceiling height, shall be included in the gross floor area.
HELICOPTER - A rotary wing aircraft that depends principally upon the lift generated by engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.
HELIPORT - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such area may include passenger and cargo facilities, fueling-service, storage space, tie-down spaces, hangars and other accessory buildings.
HELISTOP - PRIVATE - A ground level area of defined dimensions designated for the landing and takeoff of helicopters, Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant. Such area may include refilling but no maintenance, repair or hangar facilities, except that a tie-down area may be provided for, and limited to, the accommodation of a single aircraft.
HELISTOP - PUBLIC - A ground level area of defined dimensions designated for the landing and takeoff of helicopters. Such area shall be open to use by any helicopter regardless of ownership and control. Such area may include refilling, maintenance, repair or hangar facilities.
HOMEOWNERS ASSOCIATION - An incorporated non-profit organization operating in a development under a recorded land agreement through which (a) each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be a member; (b) each dwelling unit and/or property owner is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance cost levied against the association by the municipality; and (c) each owner and tenant has a right to use the common property.
HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the Nation and has been so designated pursuant to provisions of applicable law.
HORSE TRACK - A circular, elliptical, rectangular, oblong or similarly shaped endless accessory structure either enclosed or outside, usually constructed of earth, used for the exercise and/or training of horses and/or driver and riders on a farm.
INTERESTED PARTY - (a) in a criminal or quasi-judicial proceeding, any citizen of the State of New Jersey; and (b) 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 ordinance, or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under this ordinance.
JUNKYARD - Any area of land, with or without building, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof, including by way of illustration but not of limitations vehicles, tire, vehicle parts, paper, rags, metal, glass or plastic, old-household appliances, wood, lumber, brush, garbage and any debris or any material whatsoever.
LAND - Includes improvements and fixtures on, above or below the surface.
LANDSCAPE EASEMENT - Grant or grants to the township sufficient to permit the township to fulfill the intent and purpose of this easement as provided for in "Landscape Easement" in the section entitled "Public Use and Service Area" in Article 6.
LOADING SPACE - An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading material, measuring at least 12 x 45 feet with at least 16 feet of vertical clearance.
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.
LOT AREA - The area contained within the lot lines of a lot but shall not include any portion of a street or street right-of-way.
LOT CORNER - A lot on the junction of and abutting two or more intersecting streets.
LOT COVERAGE - The portion of a lot covered by buildings.
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 horizontal distance between side lot lines measured along the street line. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT, INTERIOR - A lot other than a corner lot.
LOT LINE - Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting streets.
LOT WIDTH - The minimum horizontal distance between side lot lines measured throughout the area formed by the side lot lines, a line located at the minimum required front yard setback line, and a line located parallel to the front yard setback line 50 feet further from the street line.
LOWER INCOME - Most recent income limits established for low and moderate income levels by the New Jersey Council of Affordable Housing for the TownshipÕs housing region.
LUMEN - A unit of light quantity.
MAINTENANCE GUARANTEE - A security which may be accepted by a municipality for the maintenance of any improvements required by this ordinance, including but not limited to surety bonds, letters of credit as specified hereinafter and cash.
MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.
MANUFACTURED HOME - means a unit of housing which:
MASTER PLAN - A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to C. 40:55D-28 of the "Municipal Land Use Law" and amendments thereto.
MAYOR - A member of the Township Committee designated by his/her fellow committee members as the Chairperson of the Township Committee who pursuant to statutes may also be designated as the Mayor.
MINOR SUBDIVISION - Any subdivision resulting in not more than two (2) lots (including the remaining portion of the tract), all fronting on an existing improved street or streets; not involving any new streets or other extension of municipal facility improvements; not involving the extension of any off-tract improvements, the cost of which is to be prorated pursuant to C.40:55D-42; not adversely affecting the development of the remainder of the parcel or adjoining property; if the street frontage of the subject lots has not been fully improved to meet the requirements of this ordinance, not adjacent on one or both sides to lots which have, or within three years are expected to have, fully improved frontage; and not a further subdivision of an original tract of land for which previous minor subdivision(s) have been approved, and where the combination of the proposed and approved minor subdivision constitutes a major subdivision. The original tract of land shall be considered any tract or lot created by subdivision prior to 5/12/66 at which time this provision was adopted as part of the Development Regulations Ordinance of the Township of Colts Neck.
MOBILE HOME PARK - A parcel of land, or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufacture home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to:
MODULAR HOME - A dwelling unit manufactured in one or more sections; designed for long-term occupancy; containing living and sleeping accommodations, a flush-toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside system; designed to be transported on a flat bed or on other trailers in sections, arriving at the site where it is assembled for occupancy as a complete dwelling; on a permanent foundation; and a unit that is in conformity with the Uniform Construction Code.
MULTI-FAMILY - A building containing 3 or more dwelling units.
MUNICIPAL AGENCY - A municipal planning board or board of adjustment or a governing body of a municipality when acting pursuant to this ordinance.
NEIGHBORING BUILDINGS - Buildings located within 5 lots or 1,000 feet of the building in question, whichever is less, as measured along any street line in all directions and including those buildings directly across the street from those incorporated in this defined distance.
NONCONFORMING LOT - A lot in which the area, dimension, or location, was lawful prior to the adoption, revision or amendment of a zoning and/or development regulation 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 SITE - A lot in which the development of contains violations of the site design standards of this ordinance.
NONCONFORMING STRUCTURE - A structure of which the size, dimension or locations was lawful prior to the adoption, revision or amendment of a zoning and/or development regulation 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.
NON-CONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning and/or Development Regulation 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.
PARKING SPACE - An area of not less than 9 feet wide by 20 feet in length either within a structure or in the open for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for single-family dwellings from being considered off-street parking space, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicle. Wheel blocks shall be installed within this area to prevent the bumper from overhanging one end of the parking space. 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. The length of parking spaces may be reduced to 18 feet and no wheel blocks required if a 2 foot strip immediately adjacent to, but beyond, the edge (curb) of the parking area is designed to allow a 2 foot bumper overhang. This area is not to be considered as part of the required landscape area.
PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.
PATIO HOME - A single family detached unit on a small lot with walls along the side yards for privacy, usually with the home placed along one side lot line. The front and rear yard may also be walled.
PERFORMANCE GUARANTEE - Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit as specified hereinafter and cash.
PERMITTED USE - Any use of land, buildings or structures as permitted by this ordinance.
PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD - The municipal planning board established pursuant to Article 2 of the "Municipal Land Use Law" as amended.
PLAT - A map or maps of a subdivision or site plan.
PLAT, FINAL - The plat of all, or a portion of, the subdivision prepared and submitted to the approving authority for final approval in accordance with Article 5 of this ordinance.
PLAT, PRELIMINARY - The plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Article 5 of this ordinance.
PLAT SKETCH - The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article 5 of the ordinance.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to C.4O:55D-46, 48 and 49 of "Municipal Land Use Law", as amended, prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings of a structure 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, and exterior materials, finish and appearance.
PRINCIPAL USE - The main purpose for which a lot, structure or building, or portion thereof is used.
PRIVATE SCHOOL - An institution of elementary, secondary or higher education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PUBLIC AREAS - (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 and municipal buildings and structures; and (5) greenways.
PUBLIC DEVELOPMENT PROPOSAL - A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body and any amendments thereto.
PUBLIC DRAINAGE WAY - 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 - 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 recreation or conservational uses.
PUBLIC SCHOOL - An institution of elementary, secondary or higher education administered by a public school board and permitted by the statutes of the State of New Jersey and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
QUADPLEX - A building containing four dwelling units.
QUORUM - The majority of the full authorized membership of a municipal agency,
RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units which have an open space or common property area as an appurtenance.
RESIDENTIAL DENSITY - The number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RECREATION COURT, PRIVATE RESIDENTIAL - An area of over 1,000 square feet, and appurtenances thereto, primarily used for recreation purposes, such as, but not limited to, tennis and basketball courts, which utilize specially constructed surfaces of any composition, including, but not limited to, clay, earth or wood, whether or not grading or moving of earth is required, which is designated and maintained for recreational purposes by an individual for use by members of his household and guests, and which is located on a lot as an accessory use, and shall include all associated structures, posts, fences, equipment and appurtenances thereto. This includes grass courts if permanently installed and associated structures, posts, fences, equipment or other appurtenances thereto are involved.
RESTAURANT - A commercial establishment where food and drink are prepared, served, and consumed. As used in this ordinance, a "restaurant" shall not include a "fast food restaurant" as defined herein.
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 the establishment of any new street 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 instruments.
RIDING/TRAINING STABLE - TYPE 1 - A farm upon which, in addition to other permitted agricultural uses, horses may be stabled for the public for a fee. The farm owner/operator may provide training for a fee for stabled horses and the owners thereof, or the stabled horse owner agents, utilizing the stabled horse (i.e., not horses owned by the farm owner/operator) which is, or will be stabled on premises for a minimum of 30 consecutive days. Private horse shows are permitted. Renting horses for riding or providing riding instructions for a fee to the public or similar activities are not permitted. See regulations in Article 6.
RIDING/TRAINING STABLE - TYPE 2 - A farm upon which, in addition to other permitted agricultural uses and the uses permitted for a riding/training stable - type 1, the farm owner/operator may provide riding and similar instructions to the public for a fee utilizing the farm owners/operators horses. Private horse shows are permitted. Renting horses for riding or similar activities to the public is not permitted. See regulations in Article 6.
RIDING/TRAINING STABLE - TYPE 3 - A farm upon which, in addition to other permitted agricultural uses and the uses permitted for a riding/training stable - type 2, the farm owner/operator may hold public horse shows. Renting horses for riding or similar activities to the public is not permitted. See regulations in Article 6.
SEASONAL DECORATIONS - Any structure, not displaying numbers or letters, used to display holiday symbols or insignias or themes, such as, but not limited to, decorated Christmas trees, air filled balloons or figures, wood figures, cutouts and similar constructions.
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.
SERVICE STATION - Lands, buildings, devices and/or machines providing for the sale of fuel, lubricants and automotive accessories and/or providing maintenance and minor repairs for motor vehicles customarily used for private transportation, local public school buses, commercial vehicles and farm equipment; excluding, however, all non-farm equipment and vehicles used for off-the-road purposes, buses other than local public school buses, body repairs or painting or the storage of inoperable or wrecked vehicles.
SETBACK LINE - A line drawn parallel with a street line or lot line, whichever is more limiting, and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line, and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SIDEWALK SALES - Shall mean the outdoor sale and display of inventory conducted for profit in association with a principal building already operating as a lawful commercial use.
SITE PLAN - A development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, flood plains, wetlands, marshes and waterways; (2) the location of all existing and proposed buildings, easements, drives, parking spaces, walkways, means of ingress and egress, lighting, screening devices; and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board.
SIGHT TRIANGLE - A triangular area abutting two intersecting streets where vision is unobstructed; area is formed by the intersecting street lines and a line connecting a point on each street line at a set distance from the intersection.
SIGHT TRIANGLE EASEMENT - Grant or grants to the Township of Colts Neck sufficient to permit the township to fulfill the intent and purpose of the easement as provided for in the sections entitled "Sight Triangles, Fences and Walls", and "Street" in Article 6.
SIGN - Any building or structure or portion thereof on which any announcement, statement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. Balloons and air filled objects used for advertisement are considered signs for the purpose of this ordinance. See Seasonal Decorations.
SILTATION BASIN - A facility through which storm water is directed and which is designed to collect silt and eroded soil from a designated area.
SITE PLAN EXEMPT - Site plan approval by the approving authority shall not be required for single family dwellings or for accessory buildings to agricultural and horticultural uses, except as specifically noted herein, unless such uses are located in an area of special flood hazard or Freshwater wetlands area; except that horse tracks and associated accessory buildings such as stables and feed sheds; ponds, dams, and recreation courts are not exempt. Interior building alterations which do not involve a change in use or additional parking shall be exempt.
SITE PLAN, MAJOR - All site plans not defined as either minor or exempt. Any development or any portion of a development proposing non-residential use or residences other than one single family dwellings per lot shall require site plan approval.
SITE PLAN, MINOR - A site plan for a development of a Private Residential Recreation court, certain antenna structures, riding/training stable type 2 & 3, farm pond or similar structure which (a) does not require any extension of municipal facilities, (b) does not involve any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of C.40:55D-42, and/or (c) in the judgement of the planning board does not noticeably affect items considered for major site plan approval.
SITE PLAN REVIEW - The examination of the specific development plans for a lot including all pertinent data required for a site plan review by this ordinance. Whenever the term "site plan approval" is used in this ordinance, it shall be understood to mean a requirement that the site plan be reviewed and approved by the planning board.
STANDARDS OF PERFORMANCE - Standards (1) adopted by ordinance regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions or such other similar matters as may be reasonably required by the municipality, or (2) required by applicable Federal or State laws or municipal ordinances.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing state, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this ordinance, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and including the lands 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. For the purpose of this ordinance, "street' shall be classified to conform to the Colts Neck Township Master Plan as follows:
STREET LINE - The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown in the adopted master plan or official map, forming the dividing line between the street and lot.
STREET RIGHT-OF-WAY DEDICATION - Lands dedicated to the township for streets. See "Streets" in Article 6.
STORY - That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this ordinance, the interior of a roof shall be considered a ceiling. A half story is a story under a pitched roof at the top of a building, the floor of which is at least 4 feet below the plate.
STRUCTURE - 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. See also Section 711, Note 5.
SUBDIVIDER - Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this ordinance to effect a subdivision of land hereunder for the owner of record or for another, with consent of the owner of record.
SUBDIVISION - 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 or any other purpose. The following shall not be considered a subdivision within the meaning of this act, if no new streets are created; (1) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order including but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map of the municipality. The term subdivision shall also include the term "resubdivision". See Section 410 entitled "Exceptions from subdivision and Site Plan regulations".
SWIMMING POOL, PORTABLE - Portable pools shall not be subject to the pool requirements of this ordinance and are those pools which are not permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface of 100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL - Artificially constructed pools whether located above or below the ground, having a depth of more than 18 inches and/or water surface of 100 square feet or more; designed for use by members of the associated household and guests, and which is located on a lot as an accessory use and shall include all buildings, structures, equipment and appurtenances thereto.
TOWNHOUSE - One single-family dwelling in a line of 3 or more connected single-family dwellings. Each single-family dwelling may have 1 or 2 stories, but nothing in this definition shall be construed to allow one dwelling unit over the other.
TRACT - An area of land comprised of one or more lots having sufficient dimensions and area to meet the requirements of this ordinance for the use(s) intended. The land area of the existing streets shall not be included in calculating the area of the tract.
TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof.
TRAILER, TRAVEL - A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short term uses and having an outside body length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.
VARIANCE - Permission to depart from the literal requirements of a zoning ordinance pursuant to C. 40:55D-40 of the "Municipal Land Use Law" as amended.
WALL - A fence type construction, usually solid and usually made of wood or masonry.
YARD, FRONT - An open unoccupied space extending across the full width of the lot and lying between the street line and the closest point of any permitted dwelling or permitted building or structure, on the lot. The depth of the "front yard(s)" shall be measured horizontally and at right angles at either a straight street line or the point of tangency at curved street lines. The minimum required "front yard" shall be the same as the required front setback. A "corner lot" shall have a "front yard" adjacent to each street,
YARD, REAR - The area extending across the full width of the lot and lying between the rear lot line and closest point of the principal building on the lot. The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the point of tangency at curved rear lot lines. The minimum required "rear yard" shall be the same as the required rear setback.
YARD, SIDE - The area extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight sideline or the point of tangency at curved side lot lines. The minimum required "side yard" shall be the same as the required side setback.