Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of the chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "abut" shall include the words "directly across from," "adjacent" and "next to"; and the word "shall" is mandatory and not optional.
Except as otherwise provided herein, all definitions promulgated in Ordinance No. 74-1 and amendments thereto (Chapter 410, Zoning) of the Borough, as amended, supplemented and revised, are hereby incorporated and made a part of this chapter.
In addition to the definitions established in § 345-4 herein, the following definitions are also made a part of this chapter:
ABUTTING COUNTY ROAD
Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins a lot or parcel of land submitted for subdivision of site plan approval.
ACCELERATION LANE
Added pavement width at an intersection or other point of access to a public or private street designed to enable vehicles entering the roadway to attain a speed which will allow entering vehicles to merge safely with through traffic.
ADVERSE DRAINAGE CONDITION
The absence or presence of drainage facilities or drainage easements in a drainageway leading to, along or through a street, road or drainage structure or to private property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition which will not provide adequately for storm drainage or will cause flooding, erosion, silting or other damaging effect to a street or road or drainage structure or private property or threatens to damage private property as a result of such adverse storm drainage condition.
BRIDGE
A structure having a clear span in excess of 20 feet designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.
CULVERT
A structure designed to convey a watercourse under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system and having a clear span of 20 feet or less.
DECELERATION LANE
Added pavement width at an intersection or other point of access from a public or private road designed to enable vehicles leaving the street or roadway to make the necessary reduction in speed without interfering with the free movement of through traffic.
DEDICATION FOR ROAD PURPOSES
A dedication of land to the Borough or county, whichever is applicable, for the installation of utilities, construction, reconstruction, widening, repairing, maintaining or improving said road and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said road, including curbing, pedestrian walkways, drainage facilities and traffic control devices.
DRAINAGE RIGHT-OF-WAY or DRAINAGE EASEMENT
The land required for the installation and/or maintenance of stormwater sewers, culverts, bridges, drainage ditches or a watercourse for preserving the channel and/or providing for the flow therein.
DRIVEWAY
A means of access for vehicles to or from a property to a roadway.
MAINTENANCE BOND
Any security that is acceptable to the Borough to assure the maintenance of improvements installed by developers for a period of up to two years after release of the developers' performance guaranty with respect to such improvements.
OFFICIAL COUNTY MAP
The map adopted by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5, as may be amended and supplemented.
OFFICIAL MAP
The map adopted by ordinance by the governing body of the Borough pursuant to N.J.S.A. 40:55-1.32 as may be amended and supplemented.
[1]
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
SIGHT TRIANGLE
A triangular-shaped easement established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two feet and six inches above the center line grade of either street. The Borough shall have the right of entry to remove any obstruction to vision within the sight easement area not conforming to the standards of this definition, following due notice to the property owner. Said triangle shall be determined along such street lot lines 25 feet distant from their joint intersection.
SITE PLAN
A plan of one or more lots or parcels meeting the requirements of this chapter and the Municipal Land Use Law.
[2]
SITE PLAN, MAJOR
Any development plan for one or more lots that does not meet the definition of a minor site plan, as defined herein.
[Added 6-12-2003 by Ord. No. 2003-14]
SITE PLAN, MINOR
Any development plan of one or more lots that does not involve planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; and proposes development that would require not more than 10 new parking spaces over and above the existing permitted spaces on the site, pursuant to the Borough's zoning requirements; and proposes development of not more than 500 square feet of new building floor area; and proposes interior repairs, alterations or renovations of not more than 500 square feet of floor area in an existing building.
[Added 6-12-2003 by Ord. No. 2003-14]
WATER BODIES
Any natural or artificial collection of water, whether permanent or temporary.
WATERCOURSE
Any natural swale, ditch, gully, stream, brook or river wherein water flows ordinarily frequently or infrequently but not necessarily continuously. This definition includes watercourses which have been artificially treated, realigned or improved.
[1]
Editor's Note: Section 40:55-1.32 was repealed by L. 1975, c. 291. See now N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Whenever a term is used in this chapter which is not defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.