The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for
development, the owners of the subject property, and all owners of property and all government agencies entitled to notice as required by this chapter.
living space, contiguous to and structurally contained by that dwelling unit, and which is joined to other similar units which have blank walls with no windows facing the patio of the adjoining dwelling unit. PERFORMANCE GUARANTEE - Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit and cash. [Amended 6-10-92 by Ord. No. 92-19]
Brunswick Township, or political subdivision of this State subject to municipal jurisdiction to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. [Added 2-27-06 by Ord. No. 06-06]
specified by ordinance to be developed according to a plan as a single entity containing one (1) 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 by ordinance.
development, residential cluster, planned commercial development or planned industrial development.
specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance. PLANNED UNIT DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance to be planned and developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.
as specified by ordinance to be planned and developed as a single entity according to a plan, containing one (1) or more residential clusters, which may include appropriate commercial, public or quasi-public uses all primarily for the benefit of the residential development. PLANNING BOARD - The East Brunswick Planning Board established pursuant to this chapter.
13209 12-06
& 132-3 EAST BRUNSWICK CODE & 132-3 PLAT - A map or maps of a subdivision or site plan. POLLUTANT - Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42U.S.C. 2011 et seq.), therm al waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant” includes both hazardous and nonhazardous pollutants. [Added 2-27-06 by Ord. No. 06-06]
sections of this chapter, prior to final approval, after specific elements of a development plan have been agreed upon by the proper reviewing authority and the applicant.
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.
(1)
Public parks, playgrounds, trails, paths and other recreational areas. (2)
Other public open spaces. (3)
Scenic and historic sites. (4)
Sites for schools and other public buildings and structures. PUBLIC DEVELOPMENT PROPOSAL - A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological, as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution. PUBLIC O PEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
not evapotranspired. [Added 2-27-06 by Ord. No. 06-06] RESIDENTIAL CLUSTER - An area to be developed as a single entity, according to a plan, containing residential housing units which have a common or public open space area as an appurtenance. 13210
12-06 & 132-3 LAND USE PROCEDURES & 132-3 RESUBDIVISION: (1)
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (2) The alteration of any streets or establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument. REVERSE SUBDIVISION - The proceeding before the appropriate municipal agency for the purpose of securing the approval by such municipal agency of the elimination of interior lot lines within a lot, parcel or tract of land in order to constitute a single lot, parcel or tract of land.
SEDIMENT - A solid material, mineral or organic, that is in suspension, is being transported, or has been m oved from its site of origin by air, water, ice, wind or gravity as a product of erosion. [Added 2-27-06 by Ord. No. 06-06]
water, ice, wind, gravity or other natural means as a product of erosion. SINGLE-FAMILY DETACHED DW ELLING UNIT - A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
structurally joined to at least one (1) but not more than two (2) other similar dwelling units. SITE - The Lot or lots upon which a major development is to occur or has occured. [Added 2-27-06 by Ord. No. 06-06] SITE PLAN - A development plan of one (1) 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, floodplains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; a narrative statement signed by the applicant and sworn to before a notary public or attorney of the State of New Jersey, setting forth the intended use of the property; and (3) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter. SOIL - All unconsolidated mineral and organic material of any origin. [Added 2-27-06 by Ord. No. 06-06] SOURCE MATERIAL - Any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste m aterials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater. [Added 2-27-06 by Ord. No. 06-06] 13211
12-06 & 132-3 EAST BRUNSWICK CODE & 132-3 STANDARDS OF PERFORMANCE - Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable 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 standards required by applicable federal or
state laws or other municipal ordinances. STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) - An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state’s future redevelopment and revitalization efforts. [Added 2-27-06 by Ord. No. 06-06]
Redevelopment Plan’s goals and statewide policies, and the official map of these goals and policies. [Added 2-27-06 by Ord. No. 06-06]
the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment. [Added 2-27-06 by Ord. No. 06-06] STORMW ATER MANAGEMENT BASIN - An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands). [Added 2-27-06 by Ord. No. 06-06]
practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances. [Added 2-27-06 by Ord. No. 06-06]
resulting from precipitation. [Added 2-27-06 by Ord. No. 06-06] 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 chapter; (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 includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter, "streets" are hereby classified as follows: (A)
traffic and which permit no access from abutting property. 13212 12-06
& 132-3 LAND USE PROCEDURES & 132-3 (B)
MAJOR ARTERIAL STREETS - Those which are used primarily for heavy local and through traffic. [Amended 11-12-91 by Ord. No. 91-111] (C)
intersections and stop signs at side streets, and which collects and distributes traffic to and from collector streets. [Added 11-12-91 by Ord. No. 91-111] (D)
MAJOR COLLECTOR STREETS - Those which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development. [Amended 11-12-91 by Ord. No. 91-111] (E)
access to the abutting properties. [Amended 11-12-91 by Ord. No. 91-111] (F)
LOCAL STREETS - Those used to provide access to abutting property and to discourage through traffic. [Added 11-12-91 by Ord. No. 91-111] (G)
controlled access highways or arterials and which provide access to abutting properties and protection from through traffic. [Amended 11-12-91 by Ord. No. 91-111] 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. SUBDIVISION - The division of a lot, tract or parcel of land into two (2) 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: [Amended 1-25-99 by Ord. No. 99-4] (1) divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (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, judgment of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all which are found and certified by the Director of Planning & Engineering or designee to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of this township. The term "subdivision" shall also include the terms "resubdivision" and "reverse subdivision." [Amended 1-25-99 by Ord. No. 99-4] 13213
3-92 & 132-3 EAST BRUNSWICK CODE & 132-3 THIS CHAPTER - W hen used herein, shall be construed to refer to all Articles and sections of the East Brunswick Township Land Use Ordinance, together with those sections of Chapters 130, 192, 228 and 49 which have not been specifically repealed by the enactment of this chapter, unless otherwise specified. TIDAL FLOOD HAZARD AREA - A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean. [Added 2-27-06 by Ord. No. 06-06] TIME OF CONCENTRATION - The time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed. [Added 2-27- 06 by Ord. No. 06-06]
on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes; (2) Designated as CAFRA Centers, Cores or Nodes; (3) Designated as Urban Enterprise Zones; and (4) Designated as Urban Coordinating Council Empowerment Neighborhoods. [Added 2-27-06 by Ord. No. 06-06]
thereof.
VARIANCE - Permission to depart from the literal requirements of a zoning ordinance which may be granted pursuant to this chapter. W ATERS OF THE STATE - The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. [Added 2-27-06 by Ord. No. 06-06]
a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. [Added 2-27-06 by Ord. No. 06-06] All definitions contained in this chapter which are contrary to or inconsistent with the foregoing definitions are hereby repealed. 13214 12-06
& 132-4 LAND USE PROCEDURES & 132-5 ARTICLE III Planning Board & 132-4. Establishment. There is hereby established pursuant to the provisions of N.J.S.A. 40:55D-1 et seq in the Township of East Brunswick, a Planning Board of nine (9) members.
A. Class I: the Mayor. B. Class II: one (1) of the officials of the municipality, other than a member of the Township Council, to be appointed by the Mayor, provided that if there is an Environmental Commission, a member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
C. Class III: a member of the Township Council, to be appointed by the Township Council. D. Class IV: six (6) Class IV members who shall be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one (1) member may be a member of the Zoning Board of Adjustment or historic preservation commission. No member of the board of education may be a Class IV member of the planning board, except that in the case of a nine-member board one Class IV member may be a member of the board of education. If there is a municipal environmental commission, the m ember of the environmental commission who is also a member of the planning board, is required by section 1 of P.L. 1968, c.245 (C. 40:56A-1) shall be deemed to be a Class IV Planning Board member, unless there be among the Class IV or alternate members of the planning board both a member of the zoning board of adjustment or historic preservation commission and a member of the board of education, in (Continued on page 13216) 13215 5-93
& 132-5 EAST BRUNSWICK CODE & 132-5 which case the member common to the planning board and municipal environmental commission shall be deemed a Class II member of the planning board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office. E. Alternate Members. There shall be two (2) alternate members who shall be appointed by the Mayor, pursuant to N.J.S.A. 40:55D-23.1. The alternate members shall meet the qualifications of class IV members and shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year. No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. Any alternate member may, after public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate m ember. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. F. Lack of Quorum. [Added 6-10-92 by Ord. No. 92-19] If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by subsection b. of section 14 of P.L.1975, c.291 (C.40:55D- 23) or section 13 of P.L.1979, c.291 (C.40:55D-23.1) from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the chairman of the Board of Adjustment shall make the choice.
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