A.
For purposes of this chapter, the terms in this article
shall have the meaning attributed to them herein except as may be
specifically provided otherwise in this chapter, or unless the context
clearly indicates a different meaning.
B.
In case of conflict in the application of the RSIS,
the terms used herein shall have the meaning attributed to them in
said standards.
C.
When a term is not defined herein, then the meaning
shall be as defined by applicable statute. If a term is not defined
herein or by applicable statute, then the meaning attributed by the
Zoning Official shall be binding unless reversed on appeal to the
Board pursuant to N.J.S.A. 40:55D-70(a).
In the construction of this chapter, the usage
of words shall be as follows, unless the context, other provisions
of this chapter, the application of law, or plain sense indicate otherwise:
A.
The present tense shall include the future tense;
B.
The singular number or word shall include the plural,
and the plural, the singular;
C.
The word "shall" indicates a mandatory requirement,
and the term "may" indicates a permissive action; and
D.
The word "used" includes the words "arranged, designed
or intended to be used."
The following statutes, with their citations,
are referenced in this chapter:
A.
Child Care Center Licensing Act. N.J.S.A 30:5B-1 et
seq.
B.
Clean Air Act. 42 U.S.C. 7401 et seq.
C.
Code of Criminal Justice. N.J.S.A. 2C:34-6.
D.
Community Affairs. N.J.A.C. 5:21.
E.
Conservation and Development Solid Waste Management.
N.J.S.A. 13:1E-99.13a et seq.
F.
Cooperatives. N.J.S.A. 46:8D-1 et seq.
G.
County and Municipal Investigation Law. N.J.S.A. 2A:67A-1
et seq.
H.
County Planning Act. N.J.S.A. 40:27-1 et seq.
I.
Environmental Protection ACT. N.J.A.C. 7:7A et seq.
and 7:27-1-1 et seq.
J.
Family Day Care Provider Registration Act. N.J.S.A.
30:5B-16 et seq.
K.
Freshwater Wetlands Protection Act. N.J.S.A. 13:9B-1
et seq.
L.
Institutions and Agencies. N.J.S.A. 30:11B-1 et seq.
M.
Law and Public Safety. N.J.A.C. 13:27, 13:40 &
13:41
N.
Local Public Contracts Law. N.J.S.A. 40A:11-1 et seq.
O.
Map Filing Law. N.J.S.A. 46:23-9.9 et seq.
P.
Municipal and Counties Local Bond Law. N.J.S.A. 40A:2-22.
Q.
Municipal Land Use Law. N.J.S.A. 40:55D-1 et seq.
R.
Motor Vehicle and Traffic Laws. N.J.S.A. 39:1-1 et
seq.
S.
Open Public Meetings Law. N.J.S.A. 10:4-6 et seq.
U.
Pollution Control Law. N.J.S.A. 26:2C-1 et seq.
V.
Property and Public Records. N.J.S.A. 46:8B-1 et seq.
W.
Public Utility Commissions. N.J.S.A. 48:2-13 et seq.
X.
Radiation Protection Act. N.J.S.A. 26:2D-1 et seq.
and N.J.A.C. 7:28-1.1 et seq.
Y.
Residential Site Improvement Standards. N.J.A.C. 5:21
et seq.
Z.
Soil Conservation Act. N.J.S.A. 4:24-18 et seq.
AA.
Soil Erosion and Sediment Control Act. N.J.S.A. 4:24-39
et seq.
BB.
Tax Sale Law. N.J.S.A. 54:5-14 et seq.
CC.
Uniform Construction Code. N.J.A.C. 5:23 et seq.
DD.
Uniform Construction Code Act. N.J.S.A. 52:27D-119
et seq.
EE.
Water and Water Supply. N.J.S.A. 58:1A-1 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building, roofed structure or other structure which has
a height above the ground of at least one foot. If only part of said
structure is one foot or higher above the ground, then only that part
shall be considered an "above-grade structure." This shall include,
but is not necessarily limited to, swimming pools, hot tubs, ornamental
pools, porches, decks, balconies, tanks, fireplaces and barbecue pits,
roofed arbors and trellises, any or all of which are located above
grade as defined herein. Not withstanding the above, the following
shall not be construed to be above-grade structures for the purposes
of this chapter: fences, walls, flag poles, mail boxes, signs, and
lawn ornaments.
Touching or joining at the edge or border, adjacent, contiguous.
That portion of a parking area or facility not devoted to
parking spaces which permits vehicles to move from the roadway to
the parking stall and includes both the portion leading to the parking
spaces from the driveway as well as the aisle or space between parking
stalls which permit automobile maneuvering for the purpose of parking.
A building or structure occupied or devoted exclusively to
an accessory use on the same lot with a subordinate purpose to a principal
building or structure. More particularly, but not by way of limitation,
an accessory building or structure in a residential zone shall be
construed to include a deck; detached private garage; private greenhouses;
private summerhouses; private sheds; gazebos; other private roofed
structures; private swimming pool; and private tennis court; private
racquetball, private platform tennis, private paddleball, or private
handball court.
A use naturally and normally incident and subordinate to
the principal and primary use upon any premises. More particularly,
but not by way of limitation, a residential accessory use shall be
construed to include such uses as a private swimming pool, private
tennis court, and private racquetball, platform tennis, paddleball
or handball courts.
A unit of land with a surface area of 43,560 square feet.
An office where the primary function is dealing with other
branches or divisions of the same enterprise, and where there is only
minimum contact with the general public due to such primary function.
The Secretary of the Board in the case of action required
by the Board and the Zoning Official, and the Borough Clerk and/or
the Construction Official in the case of action required by one or
both of them.
The removal to the minimum extent possible of the smallest
and poorest specimens of trees so as to permit land development while
retaining the maximum number of larger and healthier specimens of
trees.
Housing which is affordable by persons of low or moderate
income based upon the standard of income and affordability established
by the regulations of the New Jersey State Council on Affordable Housing
as amended from time to time, or as established in the Borough Code.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows,
or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another.
Structures such as clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
Accessory or auxiliary.
An antenna of any of the following types:
An antenna that is designed to receive television
broadcast signals (TVBS) provided that if it is located on a mast,
the mast is 12 feet or less in height;
A transmission satellite dish no greater than
one meter (39.37 inches) or less in diameter in a residential zone
or two meters (78.74 inches) in diameter in a nonresidential zone.
An antenna used for reception of shortwave broadcasts
or for use by persons licensed as amateur radio operators by the FCC,
provided that if it is located on a mast, the mast is 12 feet or less
in height.
A device used to transmit and/or receive radio or electromagnetic
waves between earth and/or outer space based structures generally,
but not including cellular communication antennas.
One or more dwelling rooms with private bath and kitchen
facilities comprising an independent self-contained dwelling unit
in a building containing more than one dwelling unit on a single lot,
and includes one or more such dwelling rooms above a commercial facility
where such use is permissible.
A developer, owner, or contract purchaser with owner's consent
submitting an application for development.
The measurement of a plan surface expressed in acres or square
feet.
A multifamily residence designed to provide a supportive
living environment for the semi-independent to frail older adult and
which typically offers, in addition to private or semiprivate rooms,
the following services: meals, personal care, financial management,
monitoring of medication or supervision of self-administration of
medication, housekeeping, social and recreation activities, transportation
and twenty-four-hour site supervision. Assisted living housing facilities
are licensed and inspected by the DCA as a Class C Rooming and Boarding
Home or are licensed and inspected by the DOH as an Assisted Living
Residence.
Any structure which has a height above the ground of less
than one foot.
Dwelling units which occupy their own separate lot of land
but which share a common wall with the adjacent abutting dwelling
unit.
The open space between the ceiling beams of the top habitable
floor and the roof rafters in any building.
[Amended 5-8-2007 by Ord. No. 07-08R]
The average wooded acre at a site shall be determined as
follows:
A selective inventory, by size and species,
of all trees having a DPM of six inches or greater shall be conducted
using a minimum of one-tenth-acre plots, which shall be staked or
visibly marked to allow for Borough inspection.
The location of the inventory plots shall be
determined by the applicant, subject to Board approval, by using a
grid overlay drawn to the same scale as the site plan submitted with
the application.
A representative 5% of the wooded acres proposed
to be cleared shall be inventoried. Where two acres or less are proposed
to be cleared, a minimum of one-tenth acre shall be inventoried.
A roof like cover made of fabric, flexible plastic or thin
metal over a frame, which projects from and is supported solely by
the wall of a building, the purposes for which may include the shielding
of a doorway, window or sidewalk from the elements and the display
of signs.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
An exterior structure of wood, masonry, metal, stone, asphalt
or other substance, without a roof; the floor level of which is elevated
above ground level more than four feet and either supported by, attached
to or accessible from the principal building or structure.
An interior space, or a portion thereof, having a floor level
below the average outside elevation of ground at the foundation wall
of the building or structure with a floor to ceiling height of not
less than 6.5 feet, including a crawl space which may have a floor
level at or below the average elevation of the ground at the foundation
wall with a ceiling height of less than 6.5 feet but which is uninhabitable.
An alcove of a room projecting from an outside wall and having
its own windows, usually but not always having a shortened floor or
ledge.
A room within a dwelling unit which is used for sleeping
on a regular basis, usually containing a bed or similar service for
sleeping and usually equipped with a door for purposes of privacy.
Central visual acuity of 20/200 or less in the better eye
with the use of a correcting lens. An eye which accompanied by a limitation
in the fields of vision such that the widest diameter of the visual
field subtends an angle no greater than 20° shall be considered
as having a central visual acuity of 20/200 or less.
A group of platted lots facing one side of one street between
two cross streets.
The Planning Board.
Members of the Governing Body.
A combination of materials to form any structure or construction
adapted to permanent, temporary, or continuous occupancy and equipped
with a roof, whether or not supported by columns, pillars or walls.
Regulations involving height, yard dimensions, lot area,
lot width, lot frontage, lot depth, lot coverage by a building or
structure, or other improvements, floor area ratio and other regulations
of the dimensions of the buildings, structures, yards or lot.
A business or commercial establishment which does not offer
a product or merchandise for sale to the public on the premises but
which provides a service to patrons as its primary function. Personal
service establishments including but not limited to barber shops,
or repair services such as radio and television repair shops and similar
businesses shall not be included as a business or commercial office.
Services primarily rendered to other business establishments
on a fee or contract basis rather than to the general public. Such
services as advertising and mailing, building maintenance, employment
services, management and consulting services, protection services,
equipment rental and leasing, commercial research development and
testing, and photo finishing are examples of business services.
A basement.
An antenna that is intended for commercial transmission or reception of personal wireless telephone services, including commercial mobile services communications, common carrier wireless exchange access services, and any other accessory structures and equipment necessary for such transmission or reception. A freestanding cellular telecommunications antenna is such an antenna supported by a tower, mast, pole, or similar structure designed primarily for supporting and raising the vertical elevation of such antenna. For purposes of § 184-138, such antenna shall also mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
A certificate issued by the Construction Official signifying
completion of a building, structure or other improvement in accordance
with applicable laws and/or ordinances, and permits the occupancy
or use of the building, structure or improvement for the stated uses.
A change, including but not limited to conversions; a use
permitted in one zone district to a use only permitted in another
zone district. See also the definition for "modification of utilization"
in this article.
Any facility which is maintained for the care development
and/or supervision of six or more children who attend the facility
for less than 24 hours a day, and which is licensed as a child-care
center by the Department of Human Services of the State of New Jersey
("DHS"). This term shall not include any of those facilities or uses
which are not included within the definition of "child care center"
contained in the "Child Care Center Licensing Act."
Assignment to a category within a system of categories.
The removal of all standing trees on a lot or portion of
a lot.
The New Jersey Council on Affordable Housing.
An activity set characterized by an interchange or sale of
goods or services with emphasis on profit.
Common ownership is ownership of two or more contiguous lots
of real property by one person or by two or more persons owning such
lots in any form of joint ownership.
A community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq. providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 persons with head
injuries who require assistance, temporarily or permanently, in order
to live in the community, and shall include, but not be limited to:
group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements, and hotels.
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq. providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hotels.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulations
of the DHS providing food, shelter, medical care, legal assistance,
personal guidance, and other services for not more than 15 persons
who have been victims of domestic violence and temporarily require
shelter and assistance in order to protect their physical and psychological
welfare.
Any part normally attached to the interior or exterior of
a vehicle for its operation, comfort or appearance.
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Board
and meeting the requirements of this chapter.
A use permitted in a particular zone 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 chapter, and upon the issuance of an authorization
therefore by the Board.
One or more buildings or structures, and the land on which
it is situated, containing multiple residential dwelling uses or multiple
nonresidential uses characterized by a form of ownership of real property
under a master deed providing for ownership by one or more owners
of units of improvements together with an undivided interest in common
elements appurtenant to each unit. See N.J.S.A. 46:8B-1 et seq.
A permit which is granted by the Construction Official for
the erection, alteration, extension or demolition of a building or
structure.
Synonymous with abutting.
A form of ownership of a building or structure containing
multiple residential dwelling uses or multiple, nonresidential uses
characterized by individual ownership of shares of a corporation in
an amount related to the space of an occupied unit, with the corporation
owning the building and land as a whole. See N.J.S.A. 46:8D-1 et seq.
The combined area of all buildings and above-grade structures
on a lot, including but not limited to porches, balconies and cantilevered
parts of the building at any level, but excluding, however, cornices,
eaves, and other structures which are specifically excluded by this
chapter. Said coverage shall be measured at the exterior surface of
such buildings and structures and shall be divided by the lot area
and expressed as a percentage.
[Amended 3-14-2006 by Ord. No. 06-04R]
The coverage by buildings and above-grade and at-grade structures
on a lot as defined above plus the ground coverage of the plan projection
of any structures, driveways, sidewalks, parking areas and other paved
areas, divided by the lot area and expressed as percentage. This definition
includes all man-made features except vegetation, organic mulch, soil
and other structures which are specifically designed to be excluded
by this chapter.
Area of nonhabitable space with a ceiling height of less
than three feet.
A street closed on one end and having an enlarged turn around
area at the closed end.
Any variance which is not a "D" variance, relating to a deviation
from the bulk or area requirement circumscribed in a particular zone
as more fully set forth in N.J.S.A. 40:55D-70C(2).
Calendar days.
The New Jersey Department of Community Affairs.
A structure of wood, masonry, metal, stone, asphalt or other
substance, without a roof, the floor level of which is elevated above
average ground level more than one foot but not more than four feet
and which is used for recreational purposes.
The permitted number of dwelling units per gross acre of
land to be developed.
A single dwelling unit which occupies its own separate lot
of land, as in a single-family house.
A building or structure on a separate lot of land containing
one dwelling unit and not attached to any adjoining dwelling unit
by a common wall.
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.
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 excavation or land fill, and any use or change in the use or
modification in the utilization of any building or structure, or land
extension of use of land for which permission may be required pursuant
to this chapter.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
under COAH's rules.
The New Jersey Department of Health Services.
A person who has the total and permanent inability to engage
in any substantial gainful activity by reason of any medically determinable
physical or mental impairment, including blindness, and shall include,
but not be limited to, any resident who is disabled pursuant to the
federal Social Security Act, 42 U.S.C., or the federal Railroad Retirement
Act of 1974, 45 U.S.C. § 231 et seq., or is rated as having
a 60% disability or higher pursuant to any federal law administered
by the United States Veterans Act.
Synonymous with zone district, and being a division of the
Borough permitting only certain categories of uses, requiring certain
lot sizes or other development conditions, or a combination of both.
New Jersey Department of Health.
The diameter at point of measurement or the diameter of a
tree measured at a point on the tree six inches from ground level
on the downhill side.
The lands required for the installation or maintenance of
stormwater sewers, brook enclosure, brook channel improvements or
drainage ditches, or required along a natural stream or watercourse
for preserving their channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1A-1 et seq.
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree but not less than six feet from the trunk, whichever is greater.
An improved or delineated area on a lot landing from a street
to a garage or entrance to or exit from a building or a parking area
intended and designed for use by motor vehicles.
Same as an attached dwelling unit but limited to two units.
Permission to depart from the literal requirements of the
zoning regulations as set forth in N.J.S.A. 40:55D-70 to permit:
A use or principal structure in a district restricted
against such use or principal structure;
An expansion of a nonconforming use;
Deviation from a specification or standard pertaining
solely to a conditional use;
An increase in the permitted floor area ratio
as defined in this chapter;
An increase in the permitted density as defined
in this chapter, except as applied to the required lot area for a
lot or lots for detached one- or two-dwelling unit buildings, which
lot or lots are either an isolated undersized lot or lots resulting
from minor subdivision; or
A height or principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
One or more rooms comprising living accommodations designed
and used for occupancy by one family living together as a single housekeeping
unit containing sanitary, sleeping, and kitchen and dining facilities,
fixed or portable. All residential properties are limited to one kitchen
per dwelling.
[Amended 5-13-2003 by Ord. No. 03-07R]
The right of one party to enter upon or use the land of another
party.
The value of a property determined by the Borough Tax Assessor
through a process designed to ensure that all property in the Borough
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction cost. Final equalized assessed
value will be determined at project completion by the Borough Tax
Assessor.
Permission granted by formal action of the Board to depart from the design standards in Article XI.
The Federal Aviation Administration.
The exterior vertical surface of a building including ornamentation,
windows, doors, or overhangs.
Any number of persons whether or not related by blood, marriage
or adoption, living together in a single dwelling unit as a single
housekeeping unit. Employees, roomers or boarders meeting the above
definition shall be included as part of the family.
The private residence of a family day care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act.
The Federal Communications Commission.
A form of ownership of real estate where the owner or owners
are entitled to the entire property with unconditional power of disposition
during life and which passes to heirs upon death pursuant to the intestacy
laws or if there is a will to the devisee by will.
An artificially construed barrier of wood, wire or metal
or any other combination of materials erected for the enclosure or
screening of areas of land supported by posts or other similar devices
placed in the ground.
The official action of the Board taken on a preliminarily
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.
The final map of all or a portion of a subdivision which
is submitted for final Board approval in accordance with this chapter
and which, if approved, shall be filed with the County Clerk complying
with the Map Filing Law.
The site plan containing all changes required by preliminary
site plan approval.
Establishments primarily engaged in offering instruction
in the arts, including dance, art, drama and music, except for academic
purposes, including but not limited to art (except commercial or graphic)
instruction, ballet schools, ceramics instruction, conservatory of
music, dance instruction, dance schools, dance studios, drama schools,
handicrafts instruction, music instruction, performing arts schools,
photography schools, drama schools, sculpture instructions, theater
schools and voice instruction.
[Added 12-19-2007 by Ord. No. 07-26R]
An emergency egress from a building used for human occupancy,
constructed to meet the requirements of the Uniform Construction Code.
An area adjacent to a floodway as defined by the Borough
Code.
Any storm drainage control technique which retards or detains
stormwater runoff from land or buildings by the use of a containment
device such as a chamber or basin.
The space contained within the banks of a stream or river
as defined by Federal Emergency Management Administration.
The floor area of all floors of a building or structure having
floors and measured from the exterior surface of the exterior walls
of the building or structure.
The area of that portion of a building or structure designed,
intended, heated, and furnished for year around human occupancy measured
on each floor from the inside of the outside walls. "Habitable floor
area" shall not include unheated areas, garages or attic spaces which
are inaccessible or of inadequate height or unheated. The floor area
of stairwells and/or elevator shafts shall be the area of one floor
of such stairwell or shaft.
The portion of a lot facing a street. On corner lots and
through lots, the front shall be the street facing the front door
or the majority of front doors.
[Amended 3-14-2006 by Ord. No. 06-04R]
The distance measured along the street property line between
the point where one side line of a lot meets the front street property
line. On through-lots the property shall have frontage on both streets.
On corner lots, along the front street line between the two side lines
as projected.
See "Yard, Front."
A detached accessory building, or a portion of a principal
building, used primarily for the storage of motor vehicles owned or
used by the occupants of the principal building.
A public garage is any building, structure, lot or land on
or upon which a business service or industry involving the storage,
maintenance, or servicing and storage in connection therewith, of
motor vehicles or boats is maintained, conducted or rendered provided
that it shall not include a building structure, lot or land on which
a business is conducted which involves motor vehicle body repair or
painting.
A building or group of buildings situated on one lot and
containing separate dwelling units for no less than three families
and not exceeding two habitable floors.
A commercial establishment selling plants and garden products,
seeds, fertilizer, tools and other related items primarily at retail
to the public.
Any building, structure, lot or land on or upon which a business,
service or industry offers the sale of motor fuel to the public, and
does not provide any other services or sell, rent or lease any other
products other than customary and incidental maintenance services
or products provided while the vehicle is being refueled, including,
but not limited to, the checking and adjustment of vehicle fluid levels
and tire pressures, the cleaning of windows, etc. and the sale of
vehicle fluids.
Any building, structure, lot or land on or upon which a business,
service or industry involving the storage, maintenance, or servicing
of motor vehicles is maintained, conducted, operated or rendered,
and in association therewith, motor fuel is offered for sale to the
public, provided that a "gasoline service station" shall not include
any building, structure, lot or land upon which a business is conducted
involving motor vehicle body repair or painting.
A detached residential accessory structure with a roof but
no walls.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
or visibility.
The Mayor and Council of the Borough.
The elevation of the surface of the earth or where applicable
the average elevation of land around a building or structure as measured
at the foundation. Also, the percent of rise of a sloping surface.
The grade of ground area representing the average of finished
ground level (after grading and seeding) adjoining the building at
all exterior walls. When the finished ground level slopes away from
the exterior walls, the ground level shall be established by the lowest
points within the area between the building and the lot line. When
the lot line is more than six feet from the building, then ground
level shall be established by the lowest points between the building
and a point six feet from the building, excluding any retaining walls
or slopes greater than three to one might provide in creating a ground
level that would result in a structure being constructed higher than
allowed by the existing ground surface as interpreted by the Borough
Engineer.
See "Floor Area, Gross."
See "Floor Area, Habitable."
Unless specifically indicated otherwise in the text, the
vertical distance measured from the mean elevation of the grade plane
from the original lot grade or any revised lot grade shown on a site
plan, subdivision plan or plot plan approved by the appropriate Borough
agency along the front of the building or structure to the highest
point of the building or structure, i.e., highest point of the roof
for flat roofs, to a point halfway between the eaves and ridge for
gable and hip roofs, and to the deckline for mansard roofs. Such revised
lot grade shall not include mounding, terracing or other devices designed
to allow increased building height.
[Amended 5-8-2007 by Ord. No. 07-08R]
As referred to in § 184-138, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
Any use or occupation customarily conducted for profit and conducted entirely within a dwelling unit which meets the conditions imposed by Article XIV.
An existing lot upon which a single-family residence has
been or is to be constructed.
A commercial establishment offering lodging to transients
and often having restaurants, public rooms and shops for the general
public. "Hotel" and "motel" are synonymous.
A plumbing fixture which can be located both inside or outside
a dwelling capable of accommodating several persons at the same time
and having water circulation or aerating equipment and having a water
surface area when full not exceeding 50 square feet.
A building or structure, or group of buildings or structures,
which by design and construction are primarily intended for use by
groups or persons to conduct organized religious services and whose
secondary uses are associated therewith notwithstanding the fact that
such buildings or structures are called by other names by the religious
denomination utilizing them. This denomination shall include, but
not be limited to chapels, churches, congregations, temples, mosques,
shrines and similar designations as well as rectories, parish houses,
convents and such other buildings or structures intended for secondary
uses located on the same lot.
One or more dwelling units intended and designed to be occupied
by: single individuals 55 years of age or older; married couples,
at least one of whom is 55 years of age or older; two or more persons
not related by blood, marriage or adoption when all such persons are
55 years of age or older; one person under age 55 but over age 20
years may reside in a dwelling unit with an elderly person or persons
as permitted above, if the presence of said person is essential for
the care or economic support of the elderly person or persons. Children
20 years or older may reside with a parent or parents as permitted
above. Rental, leasing, resale or occupancy of units must comply with
the age restrictions as herein set forth to qualify as housing for
elderly.
United States Department of Housing and Urban Development.
Anything placed on a lot which does not exist naturally,
provided that earth, rocks, grass, shrubs, trees and other vegetative
material although placed on the lot by the developer, shall not be
construed as an "improvement" defined herein, and further provided
that the above shall not be construed to exempt filling, excavation,
grading, or landscaping from the requirement to obtain site plan approval
if required by this chapter.
A use characterized by manufacturing of products, the use
of processes, the assembly of component parts of premanufactured products
other than structures or other fixed improvements, and the blending
of materials, usually into a tangible product.
An open above-grade structure, with or without a roof and
having a platform less than 35 square feet in an area, attached to
or accessible from a building or structure, located between an exterior
door and a stairway to grade and designed to provide regular ingress
and egress to the building or structure. Such ingress and egress platform
shall not be considered a balcony, deck or patio.
Any motor vehicle which in its then existing state cannot
be moved under its own power, from place to place.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey. In the case of a civil proceeding in any
court or in an administrative proceeding before a Borough agency,
any person, whether residing within or without of the Borough, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any other law of this
state or of the United States have been denied, violated or infringed
upon by an action or a failure to act under the Municipal Land Use
Law.
A program approved by the Board pursuant to an application
whereby parking facilities are shared by occupants of two or more
premises.
A judgment issued by the Superior Court of New Jersey approving
the Borough's plan to satisfy its fair share obligation.
Any space or area, whether inside or outside a building or
structure, used or intended to be used for the storage, selling, buying,
trading in, keeping, or abandonment of used or discarded or scrap
metal, glass, paper, fabric, cordage or other similar material or
for the dismantling, demolition or abandonment of motor vehicles,
or other vehicles or machinery, appliances, equipment, fixtures, or
parts thereof. It shall not apply to facilities operated by the Borough
or an agency thereof as a convenience to its citizens for the purposes
of disposal of organic materials or discarded household items or by
a nonprofit organization on public property with the permission of
the Governing Body and under its control for the purpose of recycling.
Habitable floor.
A designated parcel, tract or area of land, the dimensions
and extent of which are determined:
By the latest official filed records or by the
latest approved filed map of a subdivision of which the lot is a part;
or
By a recorded survey map or by a metes and bounds
description in a recorded deed, provided that the map or deed was
recorded prior to December 15, 1954, and that the parcel has not been
subdivided; and
By a measurement of a minimum of 5,000 square
feet and a minimum lot width of 50 feet.
[Added 12-13-2001 by Ord. No. 01-22R]
The total square unit contents of any lot as measured within
the lot lines.
A parcel of land at the junction of and having frontage on
two or more intersecting streets or a lot at a section along a street
where the street alignment has an angle more acute than 135 degrees.
See "building coverage" and/or "improvement coverage", as
applicable.
The average distance between the front lot line and the rear
lot line. Lot depth shall be measured along a line connecting the
midpoint of the front lot line and the midpoint of the rear lot line,
and along the lines drawn parallel to said line at 10 feet intervals
from said line throughout the width of the lot, provided that those
said lines located entirely within the lot shall be used for measuring
lot depth. The average of the above measurements shall be the lot
depth. In the case of corner lots, the greater of such average dimensions
shall be the lot depth.
A lot with the following configuration: a narrow portion
wide enough to accommodate a driveway or other access corridor and
extending from the front lot line back to an enlarged area at the
rear of the lot, with the enlarged area being wide and deep enough
to accommodate a permitted use or structure.
[Added 5-13-2003 by Ord. No. 03-07R]
The length of the front lot line. In the case of a subdivision
application, when the rear lot line or side lot line of the lot sought
to be divided is conterminous with the end of a street (other than
a cul-de-sac), such rear or side lot line shall not be deemed lot
frontage.
[Amended 9-9-2008 by Ord. No. 08-14R]
Any lot which is not a corner lot or through lot.
The lot line separating a lot from a street right-of-way.
On corner lots, the front lot line shall be the line to which the
front door or majority of front doors face. In addition, for purposes
of this definition, when the lot lines at an intersection are rounded,
the front lot line shall be measured to the point of intersection
of the extension of the front lot line and street side lot line.
[Amended 3-14-2006 by Ord. No. 06-04R]
The lot line or lines opposite and most distant from the
front lot line. In the case of triangular lots, the rear lot line
shall be construed to be an imaginary line that intersects the point
of intersection of the side lot lines and follows the alignment of
the rear lot lines of adjacent properties, the intent being to maintain
the existing rear yard pattern of the neighborhood.
The lot line other than a front or rear lot line. On corner
lots, the lot line opposite the side of the principal structure shall
be the side lot line.
[Amended 5-8-2007 by Ord. No. 07-08R]
A lot which has frontage upon streets at its front and rear
and by other lots at its side.
The shortest straight line distance between the side lot
lines of any lot, measured parallel to the front line and at a distance
from the front lot line equal to the minimum required front yard setback.
If the front lot line is not a straight line, the lot width shall
be measured parallel to the shortest line which is entirely within
the lot and tangent to the front lot line, which shall be measured
parallel from said at a distance equal to the minimum front yard setback.
Housing affordable according to HUD or other recognized standards
for home ownership and rental costs, and occupied or reserved for
occupancy by households with a gross household income equal to 50%
or less of the median gross household income for households of the
same size within the house region in which the housing is located,
and is subject to affordability controls.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, including but not limited to surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
The production or assembly of articles or finished products
from previously refined raw material by giving them new forms, qualities,
or compositions.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28, as amended.
The level of income where 1/2 the persons having income are
below that level and 1/2 the person having income are above that level.
A development plan of one or more lots which:
Is limited to the following where no new variances
are required:
Freestanding sign.
Alteration of a facade of the building or structure
increase or decrease in floor area (either gross or habitable) of
less than 500 square feet in floor area.
Increase or decrease in floor area (either gross
or habitable) of less than 500 square feet whichever is smaller.
Addition of a permitted accessory building,
structure or use no larger than 500 square feet in floor area
Modification of utilization not involving any
of the above.
Change from one commercial use to another commercial
use, or one office use to another office use, for which there is no
other variance required.
Does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to N.J.S.A. 40:55D-42; and
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by this chapter for approval of a minor site plan have
been met.
A subdivision of land that does not involve:
[Added 11-12-2002 by Ord. No.
02-20R]
A structure of vehicular, portable design, which
is:
Built on a chassis and designed to be moved
from one site to another, and to be used with or without a permanent
foundation;
Designed to be used, when connected to utilities,
as a dwelling on a permanent or nonpermanent foundation; and
Manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary of the United
States Department of Housing and Urban Development pursuant to the
"National Manufactured Housing Construction and Safety Standards Act
of 1974", Pub. L. 93-383 (42 U.S.C. § 5401 et seq.) and
the standards promulgated for a manufactured or mobile home by the
Commissioner of the New Jersey Department of Community Affairs pursuant
to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.).
Mobile home, for purposes of this chapter, does
not include modular homes.
Any assembly of materials which is so designed, constructed
or reconstructed to make it portable and capable of movement from
one site to another, designed to be used without a permanent foundation,
designed with the purpose of storing tangible property and not for
occupancy by persons, and to have one dimension exceeding 10 feet.
Mobile storage structures, as defined herein, are prohibited in the
Borough, except such a structure shall not be deemed a mobile storage
structure for purposes of this Chapter as specifically described hereafter:
[Amended 4-11-2001 by Ord. No. 01-06R]
The loading, unloading and/or parking of any
mobile storage structure commonly known as a truck trailer which is
properly registered under the laws of any State as a motor vehicle,
provided the parking, loading and/or unloading of said motor vehicle
complies with all other provisions of New Jersey law and this Code.
The loading or unloading of mobile storage structures
on industrial, commercial or residential sites so long as said activity
does not exceed a 48 hour period of time.
The use of mobile storage structures in industrial
or commercial zones for the disposal of waste materials by a contractor
licensed for such disposal services.
The use of mobile storage structures at construction
sites for storage and/or disposal of materials, provided that a permit
is obtained from the Borough for use in excess of 48 hours, which
use and placement shall be limited to a maximum of six months and
provided that its placement satisfies all other provisions of this
Code.
The use of mobile storage structures by the
Borough, its agencies or subdivisions.
The use of mobile storage structures designed
for human occupancy which are regulated under other provisions of
this Code and/or New Jersey law.
The use of no more than two mobile storage structures
in the General Commercial and Light Industrial Zones only so long
as the Zoning Officer determines that the mobile storage structure(s)
satisfies the following criteria:
Does not exceed 40 feet in length, is not greater
than 2,600 cubic feet in size, is not greater than eight feet in height
from the bed of the structure, is not greater than 13 feet in height
measured from the ground to the top of the structure, and is not greater
than eight feet in width. At no time shall the top of any mobile storage
structure exceed the height of the building behind which it is located;
Whether the mobile storage structure(s) are
permitted shall be determined by rear yard coverage limitations for
accessory structures contained in this chapter;
Mobile storage structures shall not be located
in or impede the use of any parking area, loading area, aisle or driveway;
Mobile storage structures shall not be located
in the public right-of-way;
Mobile storage structures shall only be located
on private property and only in the rear yard of the principal structure
on that property as defined in this chapter;
Mobile storage structures shall not be in violation
of any bulk variance requirement of this chapter;
Mobile storage structures shall not be located
in any residential zone;
Mobile storage structures shall be properly
buffered so they are screened from view from any adjacent public way
or residential use; and
No materials classified as high hazard by the
New Jersey Uniform Construction Code may be stored in any mobile storage
structure.
A change in the degree of utilization of land, buildings
or structures which although permitted in the particular zone district,
nevertheless constitutes such a significant increase or decrease in:
The number of occupants, patrons, visitors,
or other persons using the land, buildings, or structures;
The need for public utility or transportation
services;
The extent of traffic generation or parking
requirements;
Other similar factors, that in the opinion of
the Zoning Official, site plan review and approval of the Board is
required; or
By way of example, but not limitation, a use
involving any of the following shall be presumed to be a modification
of utilization:
An enlargement, reduction or relocation of the
building, floor area or land area containing the use;
A substantial change in the products or materials
manufactured, stored, used or sold on the premises;
A substantial change in the amount and/or nature
of traffic, parking, shipping or deliveries associated with the use
on the premises;
A change in the number of dwelling units; and
A substantial change in the hours, days or season
during which the use is conducted.
Any motor vehicle, omnibus, road tractor, trailer, truck
and/or truck tractor and shall have the meaning stated and defined
in N.J.S.A. 39:1-1 et seq., but shall not include "mobile storage
structures" as defined elsewhere in this chapter.
Any building structure, lot or land on or upon which a business,
service or industry licensed by the State of New Jersey involving
the repair and/or painting of motor vehicle bodies, and storage in
connection therewith is maintained, conducted, operated or rendered.
Any building structure, lot or land on or upon which a business,
service or industry involving the mechanical repair or maintenance
of motor vehicles and storage in connection therewith is maintained,
conducted, operated or rendered.
A use where three or more separate dwelling units are permitted
as the primary use on one lot.
A person who is domiciled in the Borough.
Any use by the Borough of any property owned or leased by
it.
Any person licensed under New Jersey law as a new or used
car dealer, or any person who maintains or operates a facility where
automobiles, either new or used, are stored, displayed or offered
for sale or lease.
New Jersey Department of Environmental Protection.
New Jersey Department of Transportation.
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, or prior to any of its predecessor chapters, but fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption, revision or amendment.
A lot of record, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
or prior to any of its predecessor chapters, but fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, or prior to any of its predecessor
chapters, but fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any organization, whether incorporated or otherwise, which
is not for profit and which is organized for the benefit of its members
or for the public or for charitable purposes, but shall not include
hospitals, clinics or outpatient clinics or dispensaries whose principal
function is the providing of nursing or convalescent care, the furnishing
of narcotic, drug or alcohol abuse treatment, or performance of abortions.
A use which is designed or intended for any purpose other
than as a dwelling unit.
Any of those zones set forth in Article XII of this chapter known as CC, GC, LI and CO Zone Districts.
A person who binds himself to another by contract or legal
agreement.
The residing of a person or persons in a dwelling unit overnight
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, public or industrial building. Also, the specific
purpose for which land, building or structure is used, designed or
maintained.
A map adopted pursuant to N.J.S.A. 40:55D-32 et seq. as amended.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
Not located within the street right-of-way.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property, which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
A motor vehicle which in its then existing condition can
be moved under its own power from place to place on a public highway
without violating any provision of Title 39 of the New Jersey statutes,
by doing so.
See "Bay Window."
Any individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in the land
sought to be processed for development under this chapter.
A projection of a wall of a building above the roof.
An open area other than a street or other public road or
way used for the parking of motor vehicles, including access drives
or aisles for ingress and egress thereto and therefrom.
A structure of wood, masonry, metal, stone, asphalt, or other
substance without a roof, the floor level for which is one foot or
less above average surrounding grade, used for recreational purposes
and as an accessory use.
Any security, which may be accepted by the Borough, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
Any person, individual, business entity, partnership, association,
corporation, company or organization of any kind or nature.
Services involving the care of a person or his or her personal
goods or apparel.
The Borough Planning Board established pursuant to N.J.S.A.
40:55D-23.
Same as a garden center except with the added feature that
plants are grown on site.
A map or maps of a subdivision or site plan.
A porch is an above-grade open or enclosed structure attached
to or accessible from the principal building or structure, having
a roof, and having more than 35 square feet in area and is considered
as part of the principal building or structure.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46;
40:55D-48; and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Board and the applicant.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Board for consideration and
preliminary approval and meeting the requirements of this chapter.
The preliminary development plan indicating the proposed
layout of the site which is submitted to the Board for consideration
and preliminary approval and meeting the requirements of this chapter.
The particular lot or lots being considered including everything
thereon.
One devoted to the principal use.
The primary or predominant use of any lot.
The office of a member of recognized profession maintained
for the conduct of that profession including but not limited to human
medicine, law, dentistry, architecture, plans and surveyors, engineering,
accountancy and such similar professions which require a comparable
degree of formal education and experience.
Such areas include:
A lot or land owned or operated by the Borough or a department
thereof or any other governmental agency, including any which is open
to use by the general public, whether free of charge or otherwise,
and which is primarily devoted to recreational or open space use.
Any use meeting the general definition of "Public Utility"
as set forth in the definition section of N.J.S.A. 48:2-13 et seq.
which is contained in a building no greater than 15 feet in height
and if not contained in a building, involving structures no greater
than 35 feet in height, and otherwise meeting the requirement for
lot size, coverage set backs, etc. provided for the zone in which
it is located except where more stringent requirements are imposed
herein which shall control. Notwithstanding the above, the following
uses shall not be residential type public utility uses for purposes
of administering this chapter:
Bus or autobus, trolley railroad, street, railway,
traction railway, charger bus, or special bus terminal, parking facility,
storage or maintenance facility, electric substation;
Natural gas transmission pumping facility or
pressure reduction facility; and
Any facility relating to the collection, transfer,
processing, storage or disposal of solid waste or vehicles engaged
in the collection of solid waste except such facilities operated by
the Borough as hazardous waste site or any facility relating to the
storage, transfer, processing or disposal of hazardous waste.
Any use meeting the general definition of "public utility"
as set forth in the definition section of N.J.S.A. 48:2-13 et seq.,
and which does not meet the definition of "residential type public
utility" herein.
A specific plan for replacement of removed trees in accordance
with the provisions of this chapter.
A nursery-grown certified tree properly balled and marked
with a durable label indicating genus, species, variety, watering
and fertilization requirements.
An office or facility for carrying on research, engineering
and development in the physical or biological sciences with the objective
of creating end products, including the administration office associated
therewith. Such activities shall be of a type that do not include
any activities that create noise, dust, smoke, odor, glare flashes,
vibration, shock waves, heat, electronic or atomic radiation, objectionable
effluent, unusual risks of fire or explosion or activities otherwise
prohibited by law or ordinance and shall not cause electrical, visual,
or audible interference in any radio or television receivers or transmitters
located off premises or cause fluctuations in line voltage off premises.
Those zones set forth in Article XII and known as the R-75 and R-150 Zone Districts.
A use or premises at which food is served to the general
public or to private groups for a consideration.
In the form of cash, a bond or other security satisfactory
to the Board which can be used by the Borough to restore applicable
property to a safe condition in the event that the developer abandons
the project, so as to ensure that the property in its unfinished development
state does not adversely affect the public safety or adversely impact
the environment.
The sale of goods or merchandise to the general public for
personal or household consumption and the rendering of services to
the sale of such goods.
Establishment providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including eating and drinking places, hotels and motels, personal
service, motion pictures, amusement and recreation services, health,
and educational, and social services, museums, and galleries.
The slope of a roof usually expressed in inches or feet of
vertical rise per inch or foot of horizontal distance.
See "townhouse."
New Jersey Residential Site Improvements Standards.[1]
Any building or structure used for educational or instructional
purposes; such definition shall also include not only the physical
building or structure but also the organization conducting such education
or instruction therein whether public or private, profit-making or
nonprofit.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
A person at least 55 years of age.
Housing consisting of multiple dwelling units which are designated
and intended for occupancy by persons 55 years of age or over or handicapped/disabled
and of low or moderate income.
Any person licensed under New Jersey law to operate a service
station or automobile facility or to dispense gasoline, or any person
who maintains or operates a facility to repair, maintain, service
or store motor vehicles, whether operable or inoperable.
The shortest straight line distance between a building or
structure and the nearest property line.
An unheated building, whether on a permanent or temporary
foundation, designed and intended for storage of items smaller in
size than an automobile, and accessory to the permitted use on the
premises, but not for storage of an automobile.
Any visible device, structure, or object or part thereof
or device attached thereto or painted or represented thereon, for
attracting attention and giving information, or for visual communication,
which displays or includes any letter, word, model, banner, pennant,
insignia, mural, picture or art work, device, representation or advertisement.
It shall also include those typically affixed to trucks or other commercial
vehicles for the purpose of advertising or announcing ownership, or
the product or service offered by the owner or operator; and lighting
devices designed to attract attention. For the purposes of this chapter,
the term "sign" shall not include the flag, pennant, or insignia of
any nation, group of nations, state, city or political unit standing
or displayed.
A sign identifying an occupant of premises and his/her/its
activity.
Any sign located outside of a building or any sign located
within a building which is both visible from outside the building
and located within 12 feet of the window or door through which the
sign is visible.
Any nonmoveable sign not affixed to a building, but standing
apart there from.
A sign having a source of light, lighted either internally
or externally or by a combination of both as well as reflectorized,
glowing and radiating signs.
Any sign which is illuminated by a light source which transmits
light through the sign face from behind the sign face, including,
but not be limited to, awnings which are translucent or transparent
and which meet the definition of signs and which are illuminated from
the rear.
Any sign, symbol or device erected and maintained by a federal,
state, county, or local government agency for the purpose of informing,
guiding, or protecting the public.
Any sign erected for the purpose of promoting the candidacy
of a person seeking public office, or promoting a position regarding
a matter of political interest, including pending legislation.
A sign, which may be displayed for a limited period of time,
as hereinafter provided.
A sign which is affixed to or painted on an exterior wall
of a building or structure.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
A building consisting of only one dwelling unit within said
building.
Ownership of a single lot by one person or by two or more
persons owning such lot in any form of ownership. See also "common
ownership."
See "RSIS."[2]
The lot in question.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, flood areas, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
Any other information reasonably necessary and
required in order to make an informed determination pursuant to this
chapter.
A Committee of at least three Board members appointed by
the Chairman of the Board for purposes of reviewing site plans for
a report back to the entire Board and such other duties relating to
land development which may be conferred on this Committee by the Board
and the Board's bylaws.
A concept, informal map of a proposed subdivision or site
plan of sufficient accuracy to be used for the purpose of discussion
and classification.
The forest debris remaining after a tree removal operation.
Specified minimum yield strength.
A governmental subdivision of the State of New Jersey, organized
in accordance with the provisions of N.J.S.A. 4:24-18 et seq., for
the purpose of governing the use of lands within the District in the
interest of conserving soil and soil resources and preventing and
controlling soil erosion.
Any tree with a DPM of 16 inches or greater.
A series of steps to pass from one level to another including
platforms or landings.
A portion of a building or structure designed and used to
contain stairs on a stairway connecting two or more levels.
The placement of materials in a location for preservation
or later use or disposal at another location off-site.
That portion of a building or structure, included between
the surface of any one floor, exclusive of any basement, and the surface
of the floor next above it, or if there is no floor above it, then
that portion of the building or structure included between the surface
of any floor and the ceiling next above it. In a "split level" building
or structure, a 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. A basement only shall be considered as a story when the
finished surface of the floor above the basement is more than six
feet above grade plane, more than six feet above the finished ground
level for more than 50% of the total building perimeter, or more than
12 feet above the finished ground level at any point.
An attic having, within its space, possible floor area with
headroom of five feet or greater over 60% or more of the story directly
beneath or when the line of intersection of the roof decking and wall
face are more than three feet above the top floor level. An attic
story should count as a fill story.
[Added 5-8-2007 by Ord. No. 07-08R]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is:
An existing state, Union County or Borough roadway;
or
Shown upon a plat heretofore approved pursuant
to law; or
Approved by official action as provided by this
chapter; or
Shown on a plat duly filed and recorded in the
office of the Union County Clerk ("County Clerk") prior to the creation
of the Board and appointment of its members and the grant to such
Board of the power to review plats. The term "street" includes the
land between the street lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, curbs, sidewalk, grass,
parking areas and other areas within the street lines.
The outermost line of the whole area devoted to street purposes
on either side thereof synonymous with street right-of-way line.
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.
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 subdivision within
the meaning of this chapter, if no new streets are to be created:
Divisions of land found by the Board or Subdivision
Committee to be for agricultural purposes where all resulting parcels
are five acres or larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument;
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Zoning Official to conform
to the requirements of this chapter and are shown and designated as
separate lots, tracts or parcels on the tax map of the Borough.
A committee of at least three Board members appointed by
the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter, reviewing subdivisions
and such other duties relating to land subdivision which may be conferred
by the Board and the Board's bylaws.
A determination by COAH approving the Borough's housing element
and fair share plan in accordance with the provisions of the Fair
Housing Act and the rules and criteria as set forth therein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions contained therein.
A structure located either above ground or below ground,
and inside or outside of a building having a water depth at any point
greater than three feet and a water surface area when full greater
than 100 square feet, and designed and intended for recreational use
for swimming and/or diving.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on a lot.
The uppermost 20% of the height of a tree constituting its
crown.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures
and the like and includes the structure and any support thereto.
More than two dwelling units each on separate lots arranged
with a common side line and side wall of the dwelling units within
the building.
Lot or lots which are the subject of a development application
including contiguous portions of the street right-of-way.
Any deciduous or coniferous species which reaches a typical
mature height of 10 feet or more and a typical DPM of six inches or
greater. Any species not qualifying as a tree under this definition
shall be considered a stem and shall not fall within the purview of
this chapter.
A vehicle properly registered and licensed by any state as
a motor vehicle, provided that the parking, loading or unloading of
said vehicle complies with all provisions of New Jersey law and this
Code; and is not considered a mobile storage structure.
[Added 4-11-2001 by Ord. No. 01-06R]
A use characterized by and limited to two dwelling units
in a building on a single lot.
United States Department of Transportation.
Permission to depart from the literal requirements of this
chapter pursuant to the provisions of the Municipal Land Use Law and
permission granted by formal action of the Board after a hearing to
depart. There are two types of variances, "C" variances and "D" variances,
as defined herein.
Any apparatus designed to directly sell goods and which receives
coins, tokens, electromagnetic purchasing cards or other commodity
in return for such goods, or accepts credit for such goods.
An aboveground or in-ground structure containing less than
three feet of water and intended to be used for recreational purposes.
Permission granted informally by the Zoning Official in some
cases or by formal action of the Board or a committee of the Board
to which such power has been delegated to depart from the requirements
of this chapter with respect to the submission of required documents.
An exterior, solid, upright structure which is self-supported
on the ground directly below it on a foundation whose length is much
greater than its thickness and intended to enclose, protect, divide,
or screen a space.
An exterior, solid, upright self-supporting structure having
a higher ground on one side than the other and designed and intended
to create a vertical or near vertical change in grade.
A building used primarily for the storage of goods and materials.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to, and under normal
circumstances does support a prevalence of vegetation typically adapted
for life in saturated soil conditions, as defined by the NJDEP Freshwater
Wetland Protection Act regulations, N.J.A.C. 7:7A.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
Those wooded lands within a lot or tract which are not specifically
excluded by any federal, state, county or municipal law, deed restriction
or covenant running with the land. For purposes of this chapter, those
lands specifically eliminated from consideration as wooded acres permitted
for development include, but are not limited to, wetlands as defined
by N.J.S.A. 13:9B-1 et seq.
A space located between a lot line and the nearest principal
building or structure on said lot. For purposes of compliance with
this chapter, dimensions of yards shall be measured perpendicular
to the lot line.
A front yard is an open, unoccupied space facing a street
to which the front door, or the majority of front doors if more than
one building, faces and is between the front line of the house as
it is extended to the sidelines and the street line. In addition,
when the lot lines at an intersection are rounded, the front lot line
shall be measured to the point of intersection of the extension of
the front lot line and street side lot line.
[Amended 3-14-2006 by Ord. No. 06-04R]
A space extending across the full width of any lot between
the rear of any principal building or structure on said lot and the
rear lot line.
[Amended 12-13-2001 by Ord. No. 01-22R]
A space located between the front yard and the rear yard
on a lot, and between the side lot line(s) and the nearest principal
building on said lot. On a corner lot, there shall be one side yard
and one street side yard.
A space on a corner lot between the front yard and rear yard
on the lot, and between the property line and the nearest principal
building on said lot.
[Amended 3-14-2006 by Ord. No. 06-04R]
A geographical unit of the Borough specifically set aside
for a particular use or group of uses or requiring specific lot dimensions
or land area.
Approval by the Zoning Official pursuant to an application
for development or use or utilization of property on the physical
dimension of the development.
An officer and employee of the Borough, appointed by the
Mayor with the consent of Council to administer this chapter.
