[Amended 8-12-1985 by Ord. No. 36-85; 12-30-1985 by Ord. No. 50-85; 2-10-1986 by Ord. No. 1-86; 7-8-1991 by Ord. No. 20-91; 7-11-1994 by Ord. No.
21-94; 2-27-1995 by Ord. No. 3-95; 4-22-1996 by Ord. No. 8-96; 10-16-1996 by Ord. No. 19-96; 5-12-1997 by Ord. No. 14-97; 10-14-1998 by Ord. No.
35-98]
The title of this chapter shall be "A Comprehensive Ordinance
Regulating and Limiting the Uses of Land and the Uses and Locations
of Buildings and Structures; Regulating and Restricting the Height
and Bulk of Buildings and Structures and Determining the Area of Yards
and Other Open Spaces; Regulating and Restricting the Density of Population;
Dividing Madison Borough into Districts for Such Purposes; Adopting
a Map[1] of Said Borough Showing Boundaries and the Classification
of Such Districts; Establishing Rules, Regulations and Standards Governing
the Development of Land Within the Borough, Including Site Planning
and Land Subdivision; Establishing a Planning Board and a Board of
Adjustment; and Prescribing Penalties for the Violation of Its Provisions."
[1]
Editor's Note: Said map is located in the office of the Borough
Clerk.
The short form by which this chapter may be known shall be the
"Land Development Ordinance of the Borough of Madison."
This chapter is adopted pursuant to the Municipal Land Use Law
of 1975 ("MLUL") (N.J.S.A. 40:55D-1 et seq.), in order to promote
and protect the public health, safety, morals and general welfare.
The purposes of this chapter are as follows:
A.
To plan and guide the appropriate use or development of all land
in a manner which will promote the public health, safety, morals and
general welfare in the following manner:
(1)
By regulating the location of buildings and establishing standards
of development; establishing setback lines and the location of buildings
designed for residential, commercial, industrial, office or other
uses; and by fixing reasonable standards to which buildings or structures
shall conform.
(2)
By prohibiting incompatible uses; and prohibiting uses, buildings
or structures which are incompatible with the character of development
of the permitted uses within specified zoning districts and surrounding
areas.
(3)
By regulating alterations of existing buildings; and preventing such
additions to and alterations or remodeling of existing buildings or
structures as would not comply with the restrictions and limitations
imposed hereunder.
(4)
By conserving the value of land and buildings throughout the Borough.
B.
To secure safety from fire, flood, panic and other natural and man-made
disasters in order to:
(1)
Reduce public expenditures for emergency operations, evacuations
and restorations.
(2)
Prevent damage to transportation and utility systems.
(3)
Minimize losses and damages to public and private property due to
inundation caused by floodwaters and storm runoff.
(4)
Restrict structures and land uses which increase flood heights, velocities,
erosion and siltation.
(5)
Prevent to the extent possible an increase in volume and rate of
surface runoff due to development.
(6)
Prevent further unwise development in floodplains, thus reducing
future expenditures for protective measures.
(7)
Preserve, protect and enhance the natural environment of the floodplain.
(8)
Maintain the useful life of water detention and retention areas by
preventing sedimentation.
(9)
Prevent dangers to life and property from flooding resulting from
excessive water runoff and clogging of drainage structures.
(10)
Preserve the recreational use of water bodies and enhance water
quality by preventing stagnation.
(11)
Prevent pollutants from entering streams, rivers and potable
water supplies.
(12)
Reduce public expenditures for repair of public facilities resulting
from soil erosion and sedimentation.
C.
To provide adequate light, air and open space
D.
To ensure that land development does not conflict with the development
and general welfare of neighboring municipalities, the county and
the state as a whole.
E.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
maintenance of the character of the neighborhoods, preservation of
the environment and quality of life.
F.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements.
H.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which will result in congestion or blight.
I.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
J.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper land use.
K.
To encourage planned developments which incorporate the best features
of design and relate the type, design and layout of residential, commercial,
industrial and recreational development to the particular site.
L.
To encourage coordination of various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
M.
To provide, within the community's resources, for the future housing
needs of the citizens of the Borough of Madison.
N.
To encourage senior citizen community housing construction.
O.
To promote utilization of renewable energy sources.
P.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to compliment
municipal recycling programs.
A.
Where the provisions of this chapter impose greater restrictions
than those imposed by any other law, ordinance, regulation or resolution,
the provisions of this chapter shall control. Where the provisions
of any other law, ordinance, regulation or resolution impose a greater
restriction than this chapter, the provisions of such other law, ordinance,
regulation or resolution shall control.
B.
The provisions and requirements of this chapter shall be held paramount
to any less restrictive provisions or requirements established by
deed restriction, private covenant or agreement. Where this chapter
imposes a greater restriction or limitation upon the use of buildings
or premises or upon the height of buildings or lot coverage, or requires
greater lot areas or larger yards, courts or other open spaces than
are presently imposed or required by existing provisions of law or
ordinance, by existing rules, regulations or permits or by covenants
or restrictions imposed by deed or private agreements, the provisions
of this chapter shall control.
[Amended 4-27-2015 by Ord. No. 28-2015]
A.
Following
the effective date of this chapter, the establishment of any use not
expressly permitted by this chapter shall be prohibited.
B.
Pipelines
that are not public utilities that distribute services to end users
and are unregulated by the State of New Jersey Board of Public Utilities
are prohibited in all zone districts.[1]
[1]
Editor's Note: Former Subsection C, regarding prohibition
of cannabis establishments, distributors, and delivery services, which
immediately followed, was repealed 1-23-2023 by Ord. No. 2-2023.
For the purposes of this chapter:
A.
The present tense shall include the future.
B.
The singular number shall include the plural and the plural the singular.
C.
The word "shall" is always mandatory; the word "may" is discretionary.
D.
The words "zone" and "district" are synonymous, and whenever the
term "structure" is used, it shall be construed to mean and include
the term "building."
Definitions and usages. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the meanings
as herein defined. Any word or term not defined below or in the MLUL
shall be used with a meaning as defined in Webster's Third New International
Dictionary of the English Language, unabridged (or the latest edition).
Whenever a term is used in this chapter which is defined in the MLUL,
such term shall have the same meaning as the MLUL.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
An added roadway lane which permits integration and merging
of slower-moving vehicles into the main vehicular stream or slowing
down of vehicles. See Figure 1.
 Figure 1
|
A physical entrance to property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
A structure added to the original structure at some time
after the completion of the original structure.
The Secretary of either Board (i.e., Planning Board or Zoning
Board of Adjustment).
A facility or a distinct part of a facility which is licensed
by the New Jersey Department of Health to provide preventive, diagnostic,
therapeutic and rehabilitative services under medical supervision
to meet the needs of functionally impaired adult patients who are
not related to the members of the governing authority by marriage,
blood or adoption. Adult day health care facilities provide services
to patients for a period of time which does not exceed 12 hours during
any calendar day.
The absence of drainage facilities, drainage easements or
drainage rights-of-way leading to, along or through a street, road,
drainage structure or property, either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition which would provide adequately for storm drainage, or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure or property, or remove the threat
of such damage.
Development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions may relate to circulation, drainage, erosion, potable water, sewage collection and treatment or those factors specifically set forth in § 195-23C.
Any environmental pollutant such as smoke, odors, liquid
wastes, radiation, noise, vibrations, glare, trespass lighting or
heat.
The traveled way by which cars enter and depart parking spaces.
A service way providing vehicular service access or pedestrian
access to the back or side of properties otherwise abutting on a street.
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 or diminution of a building or structure. "Alteration"
shall also mean and include any conversion of a building or a part
thereof from one use to another or the moving of a building or structure
from one location to another. "Alteration" shall not be construed
to mean any necessary repairs and renovation of an existing structure
solely for the purpose of maintenance and/or improvements of the appearance.[1]
A health care facility or a distinct part of a health care
facility which provides preventive, diagnostic and treatment services
to persons who come to the facility to receive services and depart
from the facility on the same day. The facility shall not be open
before 5:00 a.m. nor after 12:00 midnight.
Any coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin; and may be operated by the public for use as a game, entertainment
or amusement, the object of which is to achieve either a high or low
score which, by comparison to the score of other players, whether
playing concurrently or not, demonstrates relative skill or competence
or indicates in any other way competitive advantage of one player
over another, regardless of skill or competence. It shall include
devices such as marble machines, skill ball, pinball, mechanical grab
machines, the machines or contrivances commonly known as bagatelle,
baseball, hockey, football, pool table, target shooting, shuffleboard
or shuffle alley, bowling or any similar named device or any device
which utilizes an electronic display to reproduce symbolic figures
and lines intended to be representative of real games or activities.
Specifically excluded shall be any device, whether operated by coin
or not, which merely provides a ride, sensation, electronic reading
or weight for use by and to the amusement of the public.
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
See "dwelling, garden apartment."
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance, appeal or interpretation
request to the Board of Adjustment or request for the issuance of
a permit pursuant to this chapter.
[Amended 10-16-2013 by Ord. No. 41-2013]
A plan which has been granted final approval by the Planning
Board or Board of Adjustment of the Borough of Madison.
The Borough of Madison Planning Board or Board of Adjustment
as the case may be, unless a different agency is designated by this
chapter.
A geologic formation, group of geologic formations or part
of a geologic formation that contains sufficient saturated permeable
rock, sand or gravel which is capable of storing and transmitting
usable quantities of water to wells or springs.
[Added 11-8-2010 by Ord. No. 56-2010]
A building or space used for the display of art for the purpose
of promoting and selling artworks.
[Added 11-22-2021 by Ord.
No. 45-2021]
A person or persons regularly engaged in the arts as a career
and not as a hobby. This does not mean that the creation of art generates
the person's primary source of income, but rather that the artist
has a body of work that demonstrates the development of the art and
intends to pursue that work for the foreseeable future.
[Added 11-22-2021 by Ord.
No. 45-2021]
A facility which is licensed by the State Department of Health
to provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed for four or
more adults unrelated to the proprietor. Apartment units offer, at
a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance. A coordinated array of supportive
personal and health services available 24 hours a day are usually
provided.
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
The open nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters occurring in the regulatory base flood.
A space partially below grade level having 1/2 or more of
its floor-to-ceiling height above the average level of the adjoining
ground and with a floor-to-ceiling height of not less than 6 1/2
feet. A basement shall be counted as a story if used for business,
industrial, office or residential purposes.
A mound of earth or the act of pushing earth into a mound.
Performance or design standards established to minimize the
risk of contaminating groundwater or surface waters while managing
the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
[Added 11-8-2010 by Ord. No. 56-2010]
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
A pathway, often paved and separated from streets and sidewalks,
designed to be used by bicycles.
A sign advertising an occupant, product or service on other
than the lot upon which the billboard is located.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
The Borough of Madison Planning Board or the Borough of Madison
Zoning Board of Adjustment, whichever is acting on an application
for development.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished sleeping
accommodations in such dwelling unit and may be furnished meals as
part of this consideration.
Any dwelling or part thereof which is licensed by the state
in which space is let for a fee by the owner or operator to more than
three persons who are not members of the family and whether or not
meals are provided.
That person appointed to the position by the Borough Council.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
A landscaped area intended to act as a visual separation
between two land uses of different intensity.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The horizontal plan projection of all covered or roofed areas
of a structure on a lot, whether permanent or temporary, including
cantilevered areas and similar projections, but excluding roof eaves,
roof overhangs, bay or bow windows, chimneys and similar projections
extending a maximum of two feet from the structure, unenclosed front
porches [including wraparound porches extending along the side(s)
of a structure] and entry roofs, divided by the lot area, expressed
as a percentage. See Figure 2.
[Amended 10-15-2008 by Ord. No. 65-2008; 10-16-2013 by Ord. No.
41-2013]
 Figure 2
|
The two-dimensional space within which a principal structure
is permitted to be built on a lot and that is defined by minimum yard
setbacks. See Figure 2.
See "height of building."
A line parallel to the street line or the lot line touching
that part of a building closest to the street or lot line. In the
case of a cantilevered section of a building, the building line will
coincide with the most projected surface. All yard requirements shall
be measured to the building line. See Figure 2.
The diameter of a tree trunk measured in inches a distance
of six inches off of the ground.
The grounds and building of a public or private college,
university, school or institution.[2]
A self-supporting roof-like shelter or marquee without sides,
permanently affixed to the wall of a building and providing overhead
protection from the weather at an entrance to said building, which
shall be construed to be a part of the building to which it is affixed.
A timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority, and may also include cost estimates and the anticipated
means of financing each project.
A single-vehicle, share-the-expense method of transportation
for two or more individuals who regularly travel together to a common
destination.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
The hard or paved area of a street between the curbs, including
travel lanes and parking areas, but not including curbs, sidewalks
or swales. Where there are no curbs, the "cartway" is that portion
between the edges of the paved width.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet.
Any land or place dedicated for use, used or intended to
be used for the internment of the human dead.
The major shopping area within the Borough usually containing,
in addition to retail uses, offices, service uses, professional, cultural,
recreational and entertainment establishments and uses, residences,
appropriate government activities and transportation facilities.
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and/or renovated according to and in compliance
with all the applicable state codes and municipal ordinances and resolutions.
A signed, written statement by the Borough Engineer and/or
Construction Official that specific constructions, inspections or
tests, where required, have been performed and that such comply with
the applicable requirements of this chapter or regulations adopted
hereunder.
Any use which differs from the previous use of a structure
or land by way of function, operation, extent or products sold, handled
or manufactured and the like, including a change from one permitted
use to another kind of permitted use in the same zone, as well as
any change in activity which changes, alters or enlarges the previous
use or structure or which will change, alter, enlarge or affect drainage,
traffic, parking, sidewalks, paving, landscaping, fencing, sanitary
disposal or other similar consideration.
[Amended 9-12-2005 by Ord. No. 43-2005]
A watercourse with a definite bed and banks which confine
and conduct the normal continuous or intermittent flow of water.
An establishment providing for the care, supervision and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
See "ambulatory health care facility."
See "university."
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons or entity owning such property
jointly.
Water supply and/or sewage disposal systems, whether privately
or publicly owned and operated, that serve two or more dwellings or
other buildings.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (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 hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:40-1 to 30:14-14) providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical and psychological welfare.
An application form completed as specified by this chapter
and the rules and regulations of the Borough and all accompanying
documents required by this chapter for approval of the application
for development.
A controlled process of degrading organic matter by microorganisms.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in the Zoning Ordinance[3] and upon the issuance of an authorization therefor by
the Planning Board or Zoning Board of Adjustment.
The 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 such unit.
Specially planned, designed and managed multiunit rental
housing with self-contained apartments. These retirement communities
are designed to provide supportive environments but also to accommodate
a relatively independent lifestyle at a moderate cost. A limited number
of support services such as meals, laundry, housekeeping, transportation
and social and recreation activities are usually provided. Health
services available 24 hours a day are not part of congregate housing.
The Borough official specified in the Building Code who is
charged with administering the Construction Code.[4]
Legal authorization for the erection, alteration or extension
of a structure.
The presence of any harmful or deleterious substances exceeding
current federal and state maximum contaminant levels in the water
supply. The NJDEP residential cleanup standards shall apply to residential
uses, and the nonresidential standards shall apply to nonresidential
uses.
[Added 11-8-2010 by Ord. No. 56-2010]
Tracts of land which share one or more common boundaries.
The provision of lodging and nursing, medical or other health-related
services at the same or another location to an individual pursuant
to an agreement effective for the life of the individual or for a
period greater than one year, including mutually terminable contracts,
and in consideration of the payment of an entrance fee with or without
other periodic charges. A fee which is less than the sum of the regular
periodic charges for one year of residency is not considered an entrance
fee.
A composite of the plan elements for the physical development
of Morris County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board.
The Morris County Planning Board.
Any open space, unobstructed from the ground to the sky,
that is bounded on two or more sides by the walls of a building.
Sensitive natural lands and waters which, when altered, could
lead to the degradation of water quality and include frequently flooded
soils, water retention soils and potential prime aquifer recharge
soils. Sensitive natural lands and waters include streams, ponds and
lakes, one-hundred-year floodplains, freshwater wetlands, wetland
transition areas and slopes over 15%.
The turnaround at the end of a dead-end street.
A structure under a driveway, road, railroad or pedestrian
walk, not incorporated in a closed drainage system.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
A portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surfaces
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
A dedication of land for construction, reconstruction, widening,
repairing, maintaining or improving a street, public or private, and
for the construction, reconstruction or alteration of facilities related
to the safety, convenience or carrying capacity of said street, including
but not limited to curbing, pedestrian walkways, drainage facilities,
traffic control devices and utilities in or along road rights-of-way.
As defined by the Industrial Site Recovery Act (ISRA), N.J.S.A.
13:1D-1 et seq., 13:1K-6, 58:10B-1 et seq., and 58:10-23.11a et seq.
(or most current). The total quantity of hazardous substances or hazardous
wastes at an industrial establishment may be a combination; the total
quantity shall not exceed 500 pounds or 55 gallons.
[Added 11-8-2010 by Ord. No. 56-2010]
The permitted number of dwelling units per gross area of
land to be developed.
See "stormwater detention."
The legal or beneficial owner or owners of a lot or of any
land 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; any
mining, excavation, landfill or land disturbances and any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
See "residential cluster."
Development other than planned development or cluster development.
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.[5]
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state of New Jersey permit resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the State of New Jersey or into the waters or natural resources within the jurisdiction of the State of New Jersey. See also the definition of "stormwater management measure" in § 195-37.
[Added 11-8-2010 by Ord. No. 56-2010]
A drainage channel constructed across or at the bottom of
a slope to divert water.
The removal of surface water or groundwater from land by
drains, grading or other means and includes controls of runoff during
and after construction, or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a lot, building or other structure
or facility.
A covered pit with an open jointed lining into which water
is piped or directed from roofs, basement floors, other impervious
surfaces or swales or pipes to seep or percolate into the surrounding
soil.
A structure or portion thereof that is used exclusively for
human habitation. "Dwellings" may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. "Garden apartments" may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations, including garden apartments.
SEMIDETACHED SINGLE-FAMILYA single-family dwelling attached to one other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two lots.
PATIO HOMESingle-family units joined together by terrace, patio, garage, porch or lanai.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
AGE RESTRICTEDHousing restricted to occupancy by a head-of-household age 55 or older. No person 18 years or younger shall permanently reside in the housing unit.
[Added 4-28-2008 by Ord. No. 20-2008]
SENIOR CITIZENHousing restricted to occupancy by a head-of-household age 62 or older. No person 18 years or younger shall permanently reside in the housing unit.
[Added 4-28-2008 by Ord. No. 20-2008]
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
A man-made or natural deposit of soil, rock or other materials.
Any obstruction within a delineated floodplain.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A study to determine the potential direct and indirect effects
of a proposed development on the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal or other governmental
agencies. "Essential services" shall include first aid and emergency
aid squad buildings.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface or beneath the land surface, whether exposed
or submerged.[6]
A facility designed to provide skilled nursing care only
during the recuperative phase of an illness.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the division contracts
for family day-care in which child care services are regularly provided
to no fewer than three and no more than five children for no fewer
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child-care services:
A structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
The height of a fence shall be measured from the ground surface at
the base of the fence to the highest part of the structure above the
base except that posts shall be permitted to extend up to six inches
above the height limit. An open fence shall be considered a structure
having voids comprising 45% or more of the fence facade area. Typical
open fence styles include post and rail, chain link, spaced picket,
and ornamental rigid metal. All other fences and walls shall be considered
solid fences. Typical solid fence styles include stockade, board-on-board,
and solid picket.
[Amended 11-26-2007 by Ord. No. 71-2007]
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of a development which
is presented to the Board for final approval in accordance with these
regulations and which, if an approved subdivision, shall be filed
with the proper county recording officer.
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use to increase off-site flooding or flood-related damages.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge. See Figure 3.
The floodplain consisting of the floodway and the flood-fringe
area.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters which delineates the flood-fringe area.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community, adopted January 30, 1976,
as Map Nos. H01-06 and 101-06, or as revised by the Federal Insurance
Administration.
A map prepared by Richard P. Browne, Associates, entitled
"Delineation of Floodway and Flood Fringe Area" and approved by the
State of New Jersey Water Policy and Supply Council, October 18, 1976,
pursuant to N.J.S.A. 58:16A-52, or as revised by the Federal Insurance
Administration.
The same as the "flood hazard area" and shall include Zones
A-1 through A-30 on the Flood Insurance Rate Map.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river. See Figure 3.
 |
The channel and the adjacent land areas that must be reserved
in order to discharge the regulatory base flood without cumulatively
increasing the water surface elevation more than 0.2 of one foot.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of a wall separating
two buildings, but excluding the following:
[Amended 4-12-2004 by Ord. No. 8-2004]
Cellars, but only the floor area of rooms devoted to mechanical
equipment accessory to the principal use of the structure and/or rooms
with a ceiling height of less than 6.5 feet. All other rooms or space
within a cellar are not excluded from the floor area calculation.
Any floors or portions thereof contained on terraces, balconies
or unenclosed porches extending beyond the exterior face of the building.
Decks.
Gross floor area minus 15%.
The gross floor area of a building or structure compared
to the total area of the site.
[Amended 4-12-2004 by Ord. No. 8-2004]
The square footage of all floors in a building, excluding
attic and basement floors, open porches, breezeways and garages. Enclosed
porches which are equipped with heating facilities for year-round
living shall be included as floor area.
Particles of airborne matter, not including process material,
arising from the combustion of fuel, such as coal, wood or oil.
An establishment primarily engaged in the retail sale of
food which is processed or otherwise prepared for eventual consumption
but not consumed on the premises. Such uses include but are not limited
to the following: bakeries, delicatessens, ice cream parlors and bagel
shops. Where such uses have tables, such uses shall be deemed restaurants.
See "lot, frontage."
A detached accessory building or a portion of the main building
used primarily for the storage of a passenger vehicle or vehicles
and not more than one commercial vehicle of a rated capacity not exceeding
two tons, which commercial vehicle is owned or used by the occupant
of the building to which the garage is accessory.
A building intended for the parking of motor vehicles as
a business.
An enclosed building intended for the storage, servicing
or repair of motor vehicles as a business including outdoor repair
and whether or not the facility is a part of an agency dealing in
new or used motor vehicles. A public garage shall not include a car
wash and auto detailing facility.
A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles
and which may provide for the maintenance, service, storage or washing
of motor vehicles or the sale of equipment and accessories.
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
A sensation produced by luminance within the visual field
that is sufficiently greater than luminance to which the eyes are
adapted, causing annoyance, discomfort or loss of visual performance.
The Borough Council of the Borough of Madison.
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey and any county,
city, township, village, authority, district or other governmental
unit.[7]
A reference plane representing the average of ground levels/elevations
in a given area. In the case of grade adjoining a structure at exterior
walls, the reference plane shall be established by: the lowest points
within the area between the structure and the property line as determined
by perpendicular offset from the structure wall; or, where the property
line is more than 10 feet perpendicular from the structure, then the
lowest points between the structure and within 10 feet; or, where
a public road exists within 50 feet of the structure, the lowest points
will include the pavement level of the public road. Ground levels
are to be averaged at no more than ten-foot intervals, and include
all building corners or a perpendicular distance therefrom.
[Added 2-25-2002 by Ord. No. 4-2002; amended 10-23-2006 by Ord. No.
50-2006; 5-30-2018 by Ord. No. 26-2018]
Any operation that modifies the existing topography such
as cutting, stripping, filling, stockpiling or any combination thereof.
A permit issued to authorize work to be performed under Article VII.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from a field, diversion or other site feature.
The first floor of a building other than a cellar or basement.
Water contained in interconnected pores of a saturated zone
in the ground, also known as "well water." A saturated zone is a volume
of ground in which the voids in the rock or soil are filled with water
at a pressure greater than atmospheric.
[Added 11-8-2010 by Ord. No. 56-2010]
Such elements or compounds which, when discharged in any
quantity into the environs of air, water or soil, present potential
danger to the public health or welfare and vegetation or any forms
of wildlife.
Any substance designated under 40 CFR pursuant to § 311
of the Federal Water Pollution Control Act, Amendments of 1972 [Clean
Water Act (Public Law 92-500; 33 U.S.C. § 1251 et seq.)],
the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
or § 4 of the New Jersey Water Pollution Control Act, N.J.S.A.
58:10A-4. Substances listed include petroleum, petroleum products,
pesticides, solvents and other substances.
[Added 11-8-2010 by Ord. No. 56-2010]
Any solid waste that is defined or identified as a hazardous
waste pursuant to CFR Part 261, the Solid Waste Management Act, N.J.S.A.
13:1E et seq., or N.J.A.C. 7:26-8.
[Added 11-8-2010 by Ord. No. 56-2010]
The vertical distance measured from grade to the level of
the highest point of the roof surface thereof, exclusive of cupolas,
chimneys up to 10 feet above the highest point of the roof surface,
penthouses, as defined herein, steeples and spires.
[Amended 2-25-2002 by Ord. No. 4-2002]
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
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.
An occupation or activity carried out for gain by a resident
and conducted as a customary, incidental and accessory use in the
residents dwelling unit or other structure located on the lot.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A program of palliative and supportive services provided
to terminally ill persons and their families in the form of physical,
psychological, social and spiritual care.
A facility offering transient lodging accommodations to the
general public and may provide additional services, such as restaurants,
meeting rooms, entertainment and recreation facilities.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
Any material which generally reduces or prevents absorption
of stormwater into the ground, including but not limited to buildings,
parking areas, driveways, sidewalks, paving and patios, but not swimming
pools. All required parking areas which are permitted to remain unimproved,
and all gravel areas and detention areas with clay lining shall be
considered as impervious surfaces. Brick pavers in sand shall be calculated
as 80% of impervious coverage.
A lot upon which exists a structure or building.
Public or quasi-public institutions and uses, such as houses
of worship, public and private schools, libraries and municipally
owned or operated buildings, structures or land used for public purposes.
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 municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
Act or whose rights to use, acquire or enjoy property under this Act
or under any other law of this state or of the United States have
been denied, violated or infringed by an action or a failure to act
under this Act.
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with the dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
An open lot or part thereof, with or without ancillary structures,
on which is accumulated and stored objects and equipment fit for and
normally to be sold as scrap, junk or secondhand material. For the
purpose of this chapter, a "junkyard" shall also mean and include
any area used for the storage of wrecked and inoperable vehicles;
or the wrecking, dismantling and breaking of the same into parts;
or the storage of such parts, either for subsequent sale or otherwise.
A "junkyard" shall not include a municipally operated public works
yard.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authorities
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to a municipality or the residents thereof.
A facility which provides a full range of twenty-four-hour
direct medical nursing and other health services. Registered nurses,
licensed practical nurses and nurses aides provide services prescribed
by a residence physician. It is for those older adults who need health
supervision but not hospitalization. The emphasis is on nursing care,
but restorative physical occupational speech and respiratory therapies
are also provided. This level of care may also include specialized
nursing services such as intravenous feeding or medication, tube feeding,
injected medication, daily wound care, rehabilitation services and
monitoring of unstable conditions.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot but not including
any street rights-of-way.
A parcel of land, either at the junction of and abutting
on two or more intersecting streets, or abutting a single street at
the point where the road tangents deflect by more than 45°.
That part of one lot or more than one lot which is improved
or is proposed to be improved with buildings and/or other structures,
including but not limited to driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface which
are more impervious than the natural surface. See also "open space."
The shortest distance between the front and rear property
lines of any lot. If a lot does not have parallel front and rear lines,
the average of such depths taken at ten-foot intervals throughout
its width shall constitute its depth.
The shortest distance between the intersection points of
the side lines of a lot with the front street right-of-way line. In
the case of corner lots, the frontage shall be measured along a straight
line between the intersection point formed by the projection of two
street side lines and the intersection point of a side lot line with
a front street right-of-way line.
A lot not meeting minimum frontage requirements and where
access to the public road is by a private right-of-way or driveway.
See Figure 4.
 Figure 4
|
A lot other than a corner lot.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way,
also referred to as a "street line." In the case of corner lots or
through lots, the line on which the primary entrance faces. See Figure
2.[8]
The lot line opposite and most distant from the front lot
line or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line. See Figure
2.[9]
The distance between the side lot lines measured at the building
setback line.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this Act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in § 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
Those discharges for which a NJPDES discharge to groundwater permit is required. Examples include but are not limited to discharges of sanitary wastewater from housing developments, schools, businesses, factories; discharges of industrial wastewater; illicit connections as defined in § 195-37; and some stormwater discharges. Sanitary landfills and hazardous waste facilities can also be considered potential major dischargers to groundwater. These discharges often use injection wells (including subsurface disposal systems serving facilities with an aggregate design flow in excess of 2,000 gallons/day); infiltration/percolation lagoons; spray irrigation; overland flow systems; surface impoundments; dredge spoils; and residuals surface impoundments.
[Added 11-8-2010 by Ord. No. 56-2010]
Any subdivision not classified as a minor subdivision.
Any hood, canopy, awning or permanent construction that projects
from the wall of a building, usually above an entrance.
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 et seq.
A permanent structure or building for the entombment of human
remains in crypts, vaults or niches.
The chief executive of the Borough.
Medicaid waiver designates a form of insurance payment for
certain assisted living care, health and medical services paid through
the Enhanced Community Options (ECO) waiver program which is a home
and community-based services waiver for the elderly and disabled.
The New Jersey Department of Health and Senior Services must license
Medicaid providers of assisted living services. In addition, the New
Jersey Department of Health and Senior Services allocates Medicaid
waivers to specific licensed assisted-living residences. In accordance
with N.J.S.A. 26:2H-12.16 et seq., a new assisted-living residence
or comprehensive personal care home licensed on or after September
1, 2001, shall attain a level of occupancy by Medicaid eligible persons
of at least 10% of its total bed complement within three years of
licensure and shall maintain this level of Medicaid occupancy thereafter.[10]
[Added 11-22-2021 by Ord.
No. 45-2021]
Any subdivision containing not more than three lots and which does not involve a planned development; any new street; or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 195-21 of this chapter. Any lot or remaining land approved as a minor subdivision shall not be submitted as a minor subdivision within five years from the date of approval as a minor subdivision. Such lot or tract may be submitted as a major subdivision.
The application of suitable materials on the soil surface
to conserve moisture, hold soil in place and aid in establishing plant
cover.
The Planning Board, Board of Adjustment or the Borough Council
when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1 through 40:55D-92, as amended.
Any use made by the Borough of Madison of property owned
or leased by it or legally under its control by easement, license
or otherwise.
The ground surface in its original state before any grading,
excavation or filling.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of an ordinance,
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
See "long-term care facility."
Any individual, firm, association, corporation or any other
legal entity and shall include the owner or subdivider, or both, as
may be required by the Borough. The obligor shall be responsible for
posting and executing any required performance guaranty.
A room, group of rooms or building used for conducting the
affairs of a business, profession, service, industry or government.
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
The individual map sheets that are part of the Morris County
Soil Survey of the National Cooperative Soil Survey of the Soil Conservation
Service, United States Department of Agriculture, published by the
County Soil Conservation District and adopted by resolution of the
Morris County Planning Board.
The interpretations of the soils described in the Morris
County Soil Survey of the National Cooperative Soil Survey of the
Soil Conservation Service, United States Department of Agriculture,
published by the County Soil Conservation District and adopted by
resolution of the Morris County Planning Board.
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 a contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any open area, including parking spaces and access aisles
providing direct access thereto, used for the temporary storage of
automobiles and other permitted vehicles for the private use of the
owners or occupants of the lot on which the area is located.
Any open area, (other than a street or other public way),
including parking spaces and aisles, used for the temporary storage
of automobiles and other permitted vehicles and available to the public,
with or without compensation, or as an accommodation for clients,
customers and employees.
Any public or private parking area or garage.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
A level, surfaced area directly adjacent to a principal building
at or within 1 1/2 feet of the finished grade, not covered by
a permanent roof and used primarily for passive recreation.
A roofed enclosure up to 12 feet in height on top of a building
and occupying not more than 20% of the main roof area.
A test designed to determine the rate of absorption.
Any security which may be accepted by the Borough, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
Standards:
Adopted by ordinance pursuant to Subsection 52d (N.J.S.A. 40:55D-65d)
regulating noise levels, glare, skyglow, earthborne or sonic vibrations,
heat, radiation, television or radio waves, noxious odors, toxic materials,
explosive and inflammable materials, 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
Required by applicable federal or state laws or municipal ordinances.
A test to determine the ability of soil to transmit water.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
the following: cleaning and pressing service, linen supply, diaper
service, beauty shops, barbershops, shoe repair, funeral services,
steam baths, reducing salons and health clubs, clothing rental, locker
rental, porter service and domestic services.
Any substance or mixture of substances labeled, designed,
intended for or capable of use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in persons or animals. The term "pesticide" shall
also include any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant or plant regulator.
An area of 175 acres or more to be developed according to
a plan as a single entity containing one or more structures with appurtenant
common areas to accommodate only office uses and other uses incidental
to a predominant use as may be permitted by this chapter.
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board or Board of Adjustment
for final approval in accordance with this chapter.
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
or Board of Adjustment for consideration and preliminary approval.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.
The conferral of certain rights, pursuant to §§ 34,
36 and 37 of P.L. 1975, c. 291 (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 Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
A building in which is conducted the main use of the lot.
A use which is not permitted in a zone.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
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.
Improvements which the Board may deem necessary or appropriate,
including but not limited to streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyors monuments,
water mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plans, other on-site improvements
and landscaping.
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.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, hydrants, valves, mains or structures or sewer
pipes, together with accessories and appurtenances, maintained, operated
and conducted for the service, convenience, necessity, health and
welfare of the public.
A majority of the full authorized membership of a municipal
agency.
The portion of rainfall which becomes direct surface runoff.
Release of collected or directed stormwater through soil
infiltration.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including:
BOATS and TRAILERSIncludes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
CAMP TRAILER or FOLDING TENT TRAILERA vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
Facilities operated as a business and open to the public
for a fee.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the Borough, county or other governmental
agency.
Research and development includes uses involved in the conduct
of basic and applied research, as well as the application of such
knowledge to the production process, which do not pose a public nuisance
by virtue of noise, vibration, odor, air emissions or discharge of
hazardous substances. R&D uses include a mix of research facilities,
laboratories, corporate offices, and support services in a coordinated
and high-quality, aesthetic environment. Research and development
uses can range from incubator facilities for start-ups and growing
technology/research companies to established research corporations,
but shall not include testing on animals; testing of blood and tissue
samples shall be permitted.
[Added 7-12-2010 by Ord. No. 35-2010]
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
An establishment where food and drink are prepared and/or
served and consumed at tables within the principal building, including
sidewalk dining where allowed and takeout service without facilities
for drive-through order and for drive-through pickup.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building with facilities
for drive-through order and/or drive-through pickup.
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 the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances made
so as to combine existing lots by deed or other instrument.
Establishments engaged in providing services for individuals,
businesses, government and other organizations and includes finance;
insurance, real estate and personal services; business services and
miscellaneous repair services; motion pictures, amusement and recreation
services; health services and educational services; social services,
museums, art galleries, botanical gardens and zoological gardens.
Establishments engaged in selling merchandise for individuals,
businesses, government and other organizations on a retail basis.
The lines that form the boundaries of a right-of-way.
A legally recordable instrument granting to the developer
the right to discharge collected waters upon lands exterior to the
development.
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level and licensed by the State of New Jersey.
Any solid material that is in suspension and is being or
has been moved by water, ice, wind, gravity or other means.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A barrier or dam built across a waterway or at other suitable
locations to retain sediment.
The reservoir space allotted to the accumulation of submerged
sediment during the life of the structure
That line to which a building must be set back from the property
line.
A commercial establishment which regularly features live
performances, characterized by the exposure of a specified anatomical
area or by a specified sexual activity or which regularly shows films,
motion pictures, video cassettes, slides or photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
SPECIFIED ANATOMICAL AREALess than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITYThe fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttocks or female breasts or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
An establishment that is licensed by State of New Jersey
that provides short-term acute physical rehabilitation care for persons
transitioning from an inpatient hospital status to independent living
or recovery from surgery, debilitation, or serious illness.
[Added 11-22-2021 by Ord.
No. 45-2021]
A triangular shaped portion of land 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 limit or obstruct sight distance of motorists entering or leaving
the intersection.
Any device, fixture, placard or structure that uses color,
form, picture, display, graphic, illumination, symbol or writing to
advertise, attract attention to, announce the purpose of or identify
a person, entity or thing or to communicate any information to the
public.
A sign maintained which advertises or otherwise directs attention
to a use, business, products, commodity, service, activity or entertainment
manufactured, conducted, sold or offered elsewhere than on the premises
where such sign is located.
Any sign attached below the roofline to any part of a building,
as contrasted to a freestanding sign. Building signs include wall
signs, window signs and canopy signs.
Any sign on, or attached to, an awning, marquee or canopy,
fixed or movable, projecting from a building, and generally designed
and constructed to provide protection from the weather.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance" and "exit."
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
A sign that is wholly or partly dependent upon a building
for support and that projects perpendicular more than 12 inches from
such building.
A sign giving the nature, logo, trademark or other identifying
symbol, address or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
A sign which is located on the building of an eating establishment
which displays the menu of such eating establishment.
A sign, located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
Any sign that is painted directly on the window glass with
permanent paint or that is mounted by bolts or screw, or otherwise
in a permanent fashion, on a permanent structure.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign that is mounted on the roof a building or that is
wholly dependent upon a building for support and that projects above
the top walk or edge of a building with a flat roof, the eave line
of a building with a gambrel, gable or hip roof or the deckline of
a building with a mansard roof.
A sign that is permanent but is not affixed to a building,
structure or the ground.
Any sign designed or intended to be displayed for a short
period of time.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign that is placed within a window or upon the window
panes or glass and is visible from the exterior of the window.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
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, floodplains,
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 and signs, lighting and
screening devices;
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board, adopted pursuant
to N.J.S.A. 40:55D-37 et seq.
Deviation of a surface from the horizontal, usually expressed
in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
The governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et. seq.).
A plan which indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation. Such measures shall be at least equivalent
to the standards and specifications as adopted by the Morris County
Soil Conservation District.
Any removal of soil from or depositing of soil on any premises except as otherwise exempted by Article VII.
Any drinking water aquifer upon which 50% of a population
group depends and for which there is no practicable or affordable
alternate water supply as certified by the United States Environmental
Protection Agency as defined § 1424(e) of the federal Safe
Drinking Water Act (SDWA) of 1974.
[Added 11-8-2010 by Ord. No. 56-2010]
A written document that describes measures to be taken to
prevent, contain and clean up oil spills or other regulated wastes
prior to discharge to surface or groundwaters.
[Added 11-8-2010 by Ord. No. 56-2010]
The keeping or placing of goods, wares, materials, merchandise
or equipment in a warehouse or other structure or in any open space.
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment and furniture
and similar items of personal property belonging to the occupant of
the principal structure.
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
Collection and storage of stormwater runoff with release
being through infiltration and evaporation.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A space under a sloping roof that has the line of intersection
of the roof decking and wall face not more than three feet above the
top floor level and in which space the possible floor area with a
headroom of five feet or less occupies at least 40% of the total floor
area of the story directly beneath.
A watercourse having a source, terminus, banks and channel
through which waters flow at least periodically.
A street, avenue, boulevard, road, parkway, viaduct, drive or
other way:
Which is an existing state, county or municipal roadway.
Which is shown upon a plat heretofore approved pursuant to law.
Which is approved by official action as provided by this chapter.
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, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
For the purpose of this chapter, "street" shall be classified
as follows:
STREET, COLLECTORA street that collects traffic from local streets and connects with major and minor arterials. See Figure 5.
STREET, CUL-DE-SACA street with a single common ingress and egress with a turnaround at the end. See Figure 5.
STREET, LOCALA street intended primarily for access to individual properties and designed for local traffic. See Figure 5.
STREET, MAJOR ARTERIALAny street or road intended to carry large traffic volumes at steady speeds through the Borough. See Figure 5.
STREET, MINOR ARTERIALAny street that collects and distributes traffic to and from collector streets. See Figure 5.
STREET, SERVICEA street running parallel to a freeway or major arterial and serving abutting properties. See Figure 5.
 Figure 5
|
Any activity which removes or significantly disturbs the
vegetative surface cover.
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.
A dwelling unit consisting of not more than one habitable
room, together with a kitchen and sanitary facilities.
[Added 5-10-2010 by Ord. No. 17-2010]
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the chairman to be for agricultural
purposes where all resulting parcels are 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 Administrative Officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the Tax Map
or Atlas of the Borough.
The term "subdivision" shall also include the term "resubdivision."
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
Permanent housing, licensed by the State of New Jersey, that
provides access to supportive services for people with physical or
developmental disabilities.
[Added 11-22-2021 by Ord.
No. 45-2021]
Water on land surface.
A map showing the boundary lines of the property and location
of existing improvements thereon, prepared by a licensed land surveyor.
A certification in lieu of oath or affidavit confirming the
accuracy of the survey.
A depression in the ground that channels runoff.
An artificial basin or other structure for the holding of
water, constructed on residential premises for the sole use of the
occupant of the premises, his family and guests, for wading, swimming,
diving or other aquatic sports and recreation. The term "swimming
pool" shall not include any plastic, canvas, rubber or other small
receptacle temporarily erected on the ground and which holds less
than 500 gallons of water.
Any basin or structure for the holding of water for wading,
swimming, diving or other aquatic sports and recreation by the public
and for which a fee may or may not be charged, including any swimming
pool operated by a group, association or club, whether the use thereof
is restricted to members of said group, association or club or otherwise.
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil or the original or present
"A" horizon plus "B" horizon (if in top six inches), as defined by
the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacement for any purposes
whatsoever. Topsoil shall be capable of supporting vegetation indigenous
to the area.
Property which is the subject of a development application.
ROAD TRACTOREvery motor vehicle designed and used for drawing other vehicles and not so constructed as to carry either any load thereon independently or any part of the weight of a vehicle or load so drawn.
TRUCK TRACTOREvery motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle.
TRAILER, HABITABLESee "dwelling, mobile."
TRAILER, IMMOBILIZEDA mobile habitable structure which has been parked or semipermanently or permanently fastened to the ground, with or without sanitary, water and other utilities directly connected to the unit, which may be used for storage as well as other purposes.
TRAILER, GENERALA mobile structure which is movable from place to place, either under its own power or by towing, for use as an office, chapel or meeting room for the display of exhibits or advertising material or for use as a mobile machine or repair shop or as a portable generating station.
SEMITRAILEREvery vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
POLE TRAILEREvery vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.
A full-time institution of higher learning, with dormitory
facilities for at least 200 students, authorized to award baccalaureate
degrees by the State of New Jersey.
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of the
Zoning Ordinance.[11]
Stabilization of erosive or sediment-producing areas by covering
the soil with permanent or short-term seeding, mulching or sodding.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
A solid, vertical structure of wood, masonry or other material
serving to enclose, divide, retain or protect an area. The height
of a wall shall be measured from the ground surface at the base of
the wall to the highest part of the structure above the base including
any fence placed on top of a wall. All walls shall be considered solid
fences.
[Amended 11-26-2007 by Ord. No. 71-2007]
A type of wall that is constructed between lands of different
elevation to stabilize the land surfaces. The height of a retaining
wall shall be measured from the lowest ground surface at the base
of the wall to the highest part of the structure above the base including
any fence placed on top of a wall. Where a series of retaining walls
are located on the same slope, the wall height shall be calculated
as the sum of the wall heights in the series of walls.
[Added 11-26-2007 by Ord. No. 71-2007]
A building or place adapted to the reception and storage
of goods, wares, materials and merchandise.
Any natural or artificial collection of water, whether permanent
or temporary.
Ability of a channel or floodway to transport flow as determined
by its shape, cross-sectional area, bed slope and coefficient of hydraulic
friction.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
A land area described in plan view around a well from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality water withdrawn from
the well. A wellhead protection area is a mapped area around a public
water supply well that delineates the horizontal extent of groundwater
captured by a public water supply well pumping at a specific rate
over a specific time. A WHPA has three tiers which serve to delineate
priority areas for the protection of groundwater quality. Tier 1 is
a two-year time of travel (i.e., the groundwater within this tier
flows to the well within a two-year time period). Tier 2 is equivalent
to a five-year time of travel, while Tier 3 is equivalent to a twelve-year
time of travel. For the purposes of this chapter, the WHPA shall refer
to the wellhead protection areas as shown on the Madison Wellhead
Protection Area Map, as amended from time to time.
[Added 11-8-2010 by Ord. No. 56-2010]
Establishments or places of business primarily engaged in
selling merchandise to retailers; industrial, commercial, institutional
or professional business users; other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies, but excluding lumber and building material
sales.
Devices which are used for the transmission and reception
of wave frequencies for the purposes of any wireless communications
(e.g., telephone, data, radio, paging and/or television communications,
etc.) and which are permitted as conditional uses in accordance with
the specific zoning conditions and standards for their location and
operation included within this Land Development chapter. For the purposes
of this chapter, wireless communications antennas shall not be considered
to be a public utility.
[Added 3-27-2000 by Ord. No. 3-2000]
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter shall be unoccupied and unobstructed from the
ground upward except as may be specifically provided in the Zoning
Ordinance.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. Said front yard shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in this chapter. See Figure 2.[12]
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building at its closest point to the rear lot line. Said rear
yard shall be unoccupied and unobstructed from the ground upward,
except as may be permitted elsewhere in this chapter. See Figure 2.
A space extending from the front yard to the rear yard between
the principal building and the side lot line. See Figure 2.
The Zoning Board of Adjustment as established under this
chapter.
A document signed by the Zoning Officer:
A.
Which is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building.
B.
Which acknowledges that such use, structure or building complies
with the provision of the Municipal Zoning Ordinance or variance therefrom
duly authorized by the appropriate agency of the Borough pursuant
to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: The former definition of "alternative treatment
center or ATC," which immediately followed this definition, was repealed
1-23-2023 by Ord. No. 2-2023.
[2]
Editor's Note: The former definitions of "cannabis," "cannabis
cultivator," "cannabis delivery service," "cannabis distributor,"
"cannabis establishment," "cannabis manufacturer," "cannabis retailer,"
and "cannabis wholesaler," which immediately followed this definition,
were repealed 1-23-2023 by Ord. No. 2-2023.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: The definition of "existing grade," which followed
this definition, was repealed 2-25-2002 by Ord. No. 4-2002. See now
the definition of "grade."
[7]
Editor's Note: The definition of "grade, finished," which
followed this definition, was repealed 2-25-2002 by Ord. No. 4-2002.
See now the definition of "grade."
[8]
Editor's Note: Figure 2 follows the definition of "building
coverage" in this section.
[9]
Editor's Note: Figure 2 follows the definition of "building
coverage" in this section.
[10]
Editor's Note: The former definition of "medicinal cannabis
dispensary," which immediately followed this definition, was repealed
1-23-2023 by Ord. No. 2-2023.
[12]
Editor's Note: Figure 2 follows the definition of "building
coverage" in this section.
