This chapter shall be known as the "Land Use Ordinance of the Borough of Kenilworth" ("Borough").
This chapter implements the Municipal Land Use Law of the State of New Jersey (N.J.S.A. 40:55D-1 et seq.) within the Borough. It is the intent and purpose of this chapter to:
A. 
Guide the appropriate use or development of all lands in this Borough in a manner which will promote the public health, safety, morals, and general welfare;
B. 
Secure safety from fire, flood, panic and other natural and man-made disasters;
C. 
Provide adequate light, air and open space;
D. 
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
E. 
Provide sufficient space in appropriate locations for a variety of residential, recreational, and commercial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all of the Borough's citizens;
F. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangement;
G. 
Promote the conservation of historic sites and districts, open space, and energy resources and prevent degradation of the environment through improper use of land;
H. 
Encourage coordination of the 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;
I. 
Promote utilization of renewable energy sources; and
J. 
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 complement municipal recycling programs.
The provisions and requirements of this chapter shall be held paramount to any corresponding or similar but less restrictive provisions and requirements of any existing law, ordinance, rule, regulation, deed, restriction or private covenant affecting lands and premises in the Borough, provided the Borough as an entity shall be exempt from all provisions of this chapter unless otherwise provided herein or as may be required by New Jersey law.
As used in this Part 1 and throughout this Land Use Ordinance of the Borough of Kenilworth, the following terms shall have the meanings indicated:
ABANDONMENT
The relinquishment of property or a cessation of the use of property without the intention to resume by the owner or lessee, without any intention of transferring rights to the property to another owner or of resuming the use of the property, in concurrence with some overt act or some franchise to act which carries the implication that the owner neither claims nor retains any interest in the subject site. While the mere nonuse of a nonconforming right does not constitute abandonment, the property owner bears the burden of proof to show that the nonusage did not manifest an intent to abandon.
ABOVE-GRADE STRUCTURE
Any building, roofed structure or other structure which has a height above the ground of at least one foot. If only part of said structure is one foot or higher above the ground, then only that part shall be considered an "above-grade structure." This shall include, but is not necessarily limited to, swimming pools, hot tubs, ornamental pools, porches, decks, balconies, tanks, fireplaces and barbecue pits, roofed arbors and trellises, any or all of which are located above grade as defined herein. Notwithstanding the above, the following shall not be construed to be above-grade structures for the purposes of this chapter: fences, walls, retaining walls, flagpoles, mailboxes, signs, and lawn ornaments.
ABUTTING
Touching or joining at the edge or border, adjacent, contiguous.
ACCESS DRIVE OR AISLE
That portion of a parking area or facility not devoted to parking spaces which permits vehicles to move from the roadway to the parking stall and includes both the portion leading to the parking spaces from the driveway as well as the aisle or space between parking stalls which permit automobile maneuvering for the purpose of parking.
ACCESSORY BUILDING OR STRUCTURE
A building or structure occupied or devoted exclusively to an accessory use on the same lot with a subordinate purpose to a principal building or structure. More particularly, but not by way of limitation, an accessory building or structure in a residential zone shall be construed to include a deck; detached private garage; private greenhouses; private summerhouses; private sheds; gazebos; other private roofed structures; a private swimming pool; and a private tennis court and private racquetball, private platform tennis, private paddleball, or private handball court.
ACCESSORY USE
A use naturally and normally incidental and subordinate to the principal and primary use upon any premises. More particularly, but not by way of limitation, a residential accessory use shall be construed to include such uses as a private swimming pool, private tennis court, and private racquetball, platform tennis, paddleball or handball courts.
ACRE
A unit of land with a surface area of 43,560 square feet.
ADMINISTRATIVE OFFICE
An office where the primary function is dealing with other branches or divisions of the same enterprise, and where there is only minimum contact with the general public due to such primary function.
ADMINISTRATIVE OFFICER
The government official designated by the Planning Board with administering land development regulations.
ADULT BOOKSTORE
Any business having as a predominant part of its stock-in-trade books, magazines, photographs, pictures, films, devices, newspapers, recordings, periodicals or any other item or paraphernalia devoted to the presentation or exploitation of parts of the anatomy, human or animal, in an obscene manner or for obscene purposes.
AFFORDABLE HOUSING
Housing which is affordable by persons of low or moderate income based upon the standard of income and affordability established by the regulations of the New Jersey State Council on Affordable Housing, as amended from time to time, or as established in the Borough Code.
AGE-RESTRICTED MULTIFAMILY RESIDENTIAL DEVELOPMENT
A residential development containing age-restricted dwellings and providing facilities and services specifically designed to meet the needs of older persons, consistent with the guidelines and requirements of the United States Department of Housing and Urban Development (HUD). Affordable housing units in age-restricted multifamily residential developments must meet all necessary standards and requirements for low- and moderate-income housing units in accordance with the rules and regulations of the New Jersey Council on Affordable Housing (COAH).
AGRICULTURAL LAND
Land used for growing crops; raising or breeding dairy, poultry or other livestock; truck gardening; woodlots; a nursery or greenhouse or other agricultural or horticultural purposes. Agricultural land shall also include open or wooded areas, ponds, brooks, meadows, swamps and land used for hunting, trapping, wild game preserves and noncommercial recreational purposes.
ALTERATION
Any change in or rearrangement in the structural parts or existing facilities as applied to an existing building or structure, except such change as may be required by the Borough for safety. Also, an enlargement or addition to any building by extension of any side or by increasing its height, or by any change in use, conversion, or removal of a building, structure or a part thereof from one location or position to another. "Alteration" shall also mean to change the appearance of exterior elements of a structure or to change the materials used. Ordinary maintenance shall not be considered an alteration within this definition.
ALTERNATIVE TOWER STRUCTURE
Structures such as clock towers, bell steeples, light poles and similar alternative design-mounting structures that camouflage or conceal the presence of antennas or towers.
AMEND or AMENDMENT
Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof or addition thereto.
ANCILLARY
Accessory or auxiliary.
ANTENNA, EXEMPT
An antenna of any of the following types:
A. 
An antenna that is designed to receive television broadcast signals (TVBS), provided that if it is located on a mast, the mast is 12 feet or less in height.
B. 
An antenna used for reception of shortwave broadcasts or for use by persons licensed as amateur radio operators by the FCC, provided that if it is located on a mast, the mast is 12 feet or less in height.
ANTENNA, GENERAL
A device used to transmit and/or receive radio or electromagnetic waves between earth and/or outer space based structures generally, but not including cellular communication antennas.
APARTMENT HOUSE
See "dwelling, multifamily."
APARTMENT UNIT
One or more dwelling rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing more than one dwelling unit on a single lot, and includes one or more such dwelling rooms above a commercial facility where such use is permissible.
APARTMENT, GARDEN PROJECT
A grouping or complex of buildings containing individual apartment units and characterized by their low-height and low-density design wherein a large proportion of the total project land area remains free of structures and pavement for recreational and aesthetic purposes. See also "dwelling, multiple-group."
APPLICANT
A developer, owner, or contract purchaser with owner's consent submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or for the issuance of a permit for the development of all construction on property located in the Borough.
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
AREA
The measurement of a plan surface expressed in acres or square feet.
ASSISTED LIVING RESIDENCE
A building or group of buildings designed as residences for the frail elderly that provide rooms, meals and personal care, and which may include assisted living facilities, nursing or convalescent homes and skilled or intermediate care nursing facilities, which are required to be licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq.
AT-GRADE STRUCTURE
Any structure which has a height above the ground of less than one foot.
ATTACHED DWELLING UNITS
Dwelling units which occupy their own separate lot of land but which share a common wall with the adjacent abutting dwelling unit.
ATTIC
The open space between the ceiling beams of the top habitable floor and the roof rafters in any building.
AUTOMOBILE WRECKING
See "junkyard."
AWNING
A rooflike cover made of fabric, flexible plastic or thin metal over a frame, which projects from and is supported solely by the wall of a building, the purposes for which may include the shielding of a doorway, window or sidewalk from the elements and the display of signs.
BALCONY
An exterior structure of wood, masonry, metal, stone, asphalt or other substance without a roof, the floor level of which is elevated above ground level more than four feet and either supported by, attached to or accessible from the principal building or structure.
BANNER
Any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
BASEMENT
A portion of the building partly underground but having less than 1/2 of its clear height below the average grade of the adjoining ground. (See "cellar.")
BAY WINDOW
An alcove of a room projecting from an outside wall and having its own windows, usually but not always having a shortened floor or ledge.
BED-AND-BREAKFAST
A single dwelling structure licensed by the State of New Jersey, occupied by the resident owner and family or occupied by a resident manager, in which bedrooms are rented and a morning meal provided to transient and temporary lodgers on a daily basis for compensation.
BEDROOM
A room within a dwelling unit which is used for sleeping on a regular basis, usually containing a bed or similar service for sleeping and usually equipped with a door for purposes of privacy and a closet for storage.
BIG-BOX RETAIL STORE
A retail use that stocks an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage technique on the sales floor area.
BILLBOARD
See "sign, outdoor advertising."
BLINDNESS
Central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.
BLOCK
A group of platted lots facing one side of one street between two cross streets.
BOARD
The Planning Board of the Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
BOARDINGHOUSE or ROOMING HOUSE
A dwelling in which, for compensation, lodging or meals or both are furnished to two or more, but not exceeding six, guests.
BOROUGH COUNCIL
Members of the governing body.
BUILDING
A combination of materials to form any structure or construction adapted to permanent, temporary, or continuous occupancy and equipped with a roof, whether or not supported by columns, pillars or walls.
BUILDING COVERAGE
That portion of a lot covered by the main or first floor of a building or buildings.
BUILDING HEIGHT
Vertical distance from the average level of the existing or natural grade along the wall or walls of the building to the highest level of a flat roof surface, the slope of which is not more than one inch vertical to one foot horizontal; for all other roofs the vertical distance measured from the existing or natural grade to the ridge of the roof. Existing or natural grade is to be measured at the foundation wall at the building corners. The building height measured will be the largest so measured.
BUILDING LINE
The line beyond which the foundation wall and/or any enclosed or covered porch, vestibule, or other enclosed or covered portion of a building, including attached private garages, shall not project, except as hereinafter provided.
BUILDING PERMIT
A permit issued by the Construction Official prior to the start of construction, erection or alteration of any building or other structure, or part thereof, and prior to the putting into use of any lot or area of land, or part thereof, for any purpose, certifying that such building or other structure, or part thereof, or such use of any lot or area of land, or part thereof, is in accordance with all applicable requirements of the Borough Building Code.[1]
BUILDING, FLOOR AREA OF
The total number of square feet of floor area in a principal building, excluding attics, cellars and crawl spaces, unenclosed or uncovered steps, terraces, patios, porches and breezeways, attached private garages, and accessory buildings as hereinbefore defined. Any space with a clear ceiling height of less than the minimum prescribed in the Borough Building Code shall not be included as part of the floor area of a building. Only those portions of a basement, as hereinbefore defined, finished off and used for living purposes shall be considered as part of the floor area for a residential building. The floor area shall be determined by using horizontal measurements between the exterior faces of walls or between the center lines of common party walls.
BUILDING, GROUND AREA OF
The number of square feet of horizontal surface covered by a building, including covered porches, covered wood decks, attached garages and accessory buildings. All measurements shall be made between exterior faces of walls, foundations, piers or other means of support.
BUILDING, PRINCIPAL
A building or buildings on a lot in which is conducted the principal use of the property.
BULK AND LOT REGULATIONS
Regulations involving height, yard dimensions, lot area, lot width, lot frontage, lot depth, lot coverage by a building or structure or other improvements, floor area ratio and other regulations of the dimensions of the buildings, structures, yards or lot.
BUSINESS OR COMMERCIAL OFFICE
A business or commercial establishment which does not offer a product or merchandise for sale to the public on the premises but which provides a service to patrons as its primary function. Personal service establishments, including but not limited to barbershops, or repair services, such as radio and television repair shops and similar businesses, shall not be included as a business or commercial office.
BUSINESS SERVICES
Services primarily rendered to other business establishments on a fee or contract basis rather than to the general public. Such services as advertising and mailing, building maintenance, employment services, management and consulting services, protection services, equipment rental and leasing, commercial research development and testing, and photo finishing are examples of business services.
"C" VARIANCE
Any variance which is not a "D" variance, relating to a deviation from the bulk or area requirement circumscribed in a particular zone as more fully set forth in N.J.S.A. 40:55D-70c(2).
CALIPER
American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for up to and including four-inch caliper size, and 12 inches above the ground for larger sizes.
CAPITAL IMPROVEMENT PROGRAM
A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Included are all major projects requiring the expenditure of public funds over and above the annual local government's operating expenses for the purchase, construction, or replacement of the physical assets for the community.
CELLAR
A portion of the building partly underground, having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground. (See "basement.")
CELLULAR TELECOMMUNICATIONS ANTENNA
An antenna that is intended for commercial transmission or reception of personal wireless telephone services, including commercial mobile services communications, common carrier wireless exchange access services, and any other accessory structures and equipment necessary for such transmission or reception. A freestanding cellular telecommunications antenna is such an antenna supported by a tower, mast, pole, or similar structure designed primarily for supporting and raising the vertical elevation of such antenna. Such antenna shall also mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official signifying completion of a building, structure or other improvement in accordance with applicable laws and/or ordinances, and permits the occupancy or use of the building, structure or improvement for the stated uses.
CHANGE IN TENANCY
A discontinuance of an existing conforming use and the substitution of the same or similar conforming use in the same space without alteration.
CHANGE IN USE
The use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold 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 which will change, alter, enlarge or affect drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations under the site plan review requirements.
CHILD-CARE CENTER
Any facility which is maintained for the care, development, and supervision of six or more children who attend the facility for less than 12 hours a day and which offers such programs as child-care centers, day-care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child-care center shall not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers. Child-care centers shall have a license from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
CLASSIFICATION
Assignment to a category within a system of categories.
CLEARING
Any intentional or negligent act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Such acts shall include but not be limited to damage inflicted upon the root system of the vegetation by the application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to excavation or filling, or by the alteration of natural physical conditions.
CLINIC, ANIMAL
A facility for the treatment of animals in which there are no boarding provisions and no outdoor facilities or runs.
CLINIC, MEDICAL
A facility for the medical treatment of outpatients only, without boarding or overnight provisions for patients.
COAH
The New Jersey Council on Affordable Housing.
COMMERCIAL
An activity set characterized by an interchange or sale of goods or services with emphasis on profit.
COMMON FACILITIES
Includes but is not limited to facilities for the common use of two or more dwelling units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OWNERSHIP
Ownership of land and/or real improvements by an association, cooperative or the like.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, 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.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hotels.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hotels.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulations of the Department of Human Services (DHS) providing food, shelter, medical care, legal assistance, personal guidance, and other services for not more than 15 persons who have been victims of domestic violence and temporarily require shelter and assistance in order to protect their physical and psychological welfare.
COMPLETE APPLICATION
An application form completed as specified by ordinance and the rules and regulations of the Planning Board, and all accompanying documents required by ordinance for approval of the application for development. An application shall be certified as complete by the administrative officer upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the Planning Board, and shall be deemed complete as of the day it is so certified for the purpose of the commencement of the time period for action by the Planning Board. On the day the application is so certified as complete, the time period for action on the application by the Planning Board begins.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CONCEPT PLAN
The optional, initial development plan for subdivisions and/or site plans of sufficient accuracy and detail to be used for the purpose of informal review, evaluation and nonbinding comment by the Board and meeting the requirements of this chapter.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Part 3, Zoning, Article 30, and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUM
One or more buildings or structures, and the land on which it is situated, containing multiple residential dwelling uses or multiple nonresidential uses characterized by a form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each unit. See N.J.S.A. 46:8B-1 et seq.
CONSERVATION EASEMENT
A nonpossessory easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses, and requiring that the described land will remain in its existing natural state in perpetuity.
CONSTRUCTION OFFICIAL
The official who administers the construction codes adopted pursuant to the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.[2]
CONTIGUOUS
Synonymous with "abutting."
CONTINUING CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official signifying completion of a building, structure or other improvement in accordance with applicable laws and/or ordinances, and permits the occupancy or use of the building, structure or improvement for the stated uses.
COOPERATIVE
A form of ownership of a building or structure containing multiple residential dwelling uses or multiple nonresidential uses characterized by individual ownership of shares of a corporation in an amount related to the space of an occupied unit, with the corporation owning the building and land as a whole. See N.J.S.A. 46:8D-1 et seq.
COURT, INNER
A court enclosed on all sides by exterior faces of a building or group of buildings or by freestanding walls. The least dimension, the distance between opposite sides measured at right angles to the longest side, is controlling in design and layout of the inner court.
COURT, OUTER
A court open on at least one side for not less than 75% of its width and extending to any yard on the lot or to a street, alley or public way. The depth of an outer court shall be the greatest horizontal dimension measured at right angles from the yard, street, alley or public way upon which such court opens to the face of the building or freestanding wall opposite thereto. The width of an outer court is its least horizontal dimension measured at right angles to the depth of such court.
COVERAGE BY BUILDINGS AND ABOVE-GRADE STRUCTURES
The combined area of all buildings and above-grade structures on a lot, including but not limited to porches, balconies and cantilevered parts of the building at any level, but excluding, however, cornices, eaves, and other structures which are specifically excluded by this chapter. Said coverage shall be measured at the exterior surface of such buildings and structures and shall be divided by the lot area and expressed as a percentage.
COVERAGE BY IMPROVEMENTS
The coverage by buildings and above-grade and at-grade structures on a lot as defined above, plus the ground coverage of the plan projection of any structures, driveways, sidewalks, parking areas and other paved areas, divided by the lot area and expressed as a percentage. This definition includes all man-made features, except vegetation, organic mulch, soil and other structures which are specifically designed to be excluded by this chapter.
CRAWL SPACE
Area of nonhabitable space with a ceiling height of less than three feet.
CUL-DE-SAC (DEAD END)
Any street or combination of streets having only one outlet or connection to a street having more than one outlet or means of access.
"D" VARIANCE
Permission to depart from the literal requirements of the zoning regulations as set forth in N.J.S.A. 40:55D-70d to permit:
A. 
A use or principal structure in a district restricted against such use or principal structure;
B. 
An expansion of a nonconforming use;
C. 
Deviation from a specification or standard pertaining solely to a conditional use;
D. 
An increase in the permitted floor area ratio as defined in this chapter;
E. 
An increase in the permitted density as defined in this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from minor subdivision; or
F. 
A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.
DAYS
Calendar days.
DBH (DIAMETER AT BREAST HEIGHT)
Tree trunk diameter measured at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.
DCA
The New Jersey Department of Community Affairs.
DECK
A structure of wood, masonry, metal, stone, asphalt or other substance without a roof, the floor level of which is elevated above average ground level more than one foot but not more than four feet and which is used for recreational purposes.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
DESIGN WAIVER
A grant of permission by the Planning Board to deviate from the design standards established by law and contained in this chapter.
DETACHED DWELLING UNIT
A single dwelling unit which occupies its own separate lot of land, as in a single-family house.
DETACHED SINGLE-FAMILY RESIDENTIAL BUILDING OR STRUCTURE
A building or structure on a separate lot of land containing one dwelling unit and not attached to any adjoining dwelling unit by a common wall.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required.
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted under COAH's rules.
DEVELOPMENT REGULATION
A zoning, subdivision, site plan, official map or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
DHS
The New Jersey Department of Human Services.
DISABLED
A person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident who is disabled pursuant to the federal Social Security Act, 42 U.S.C. § 416, or the federal Railroad Retirement Act of 1974, 45 U.S.C. § 231 et seq., or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans Act.
DISH ANTENNA (SATELLITE EARTH STATION)
A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.
DISTRICT
Synonymous with "zone district," and being a division of the Borough permitting only certain categories of uses, requiring certain lot sizes or other development conditions, or a combination of both.
DOH
New Jersey Department of Health.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means necessary for water supply preservation or prevention or alleviation of flooding, including the control of runoff to minimize erosion and sedimentation during and after construction or development.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation or maintenance of stormwater sewers, brook enclosure, brook channel improvements or drainage ditches, or required along a natural stream or watercourse for preserving its channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1A-1 et seq.
DRIPLINE
A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree but not less than six feet from the trunk, whichever is greater.
DRIVEWAY
An improved or delineated area on a lot leading from a street to a garage or entrance to or exit from a building or a parking area intended and designed for use by motor vehicles.
DUPLEX
The same as an attached dwelling unit but limited to two units.
DWELLING
A building, or portion thereof, used to provide living facilities for one or more families, but not including boardinghouse or rooming house facilities or motel and hotel facilities.
DWELLING UNIT
One or more rooms comprising living accommodations designed and used for occupancy by one family living together as a single housekeeping unit containing sanitary, sleeping, and kitchen and dining facilities, fixed or portable. All residential properties are limited to one kitchen per dwelling.
DWELLING, AGE-RESTRICTED
A housing unit that is restricted to occupancy by at least one person that is at least 55 years of age or older.
DWELLING, DETACHED
A building used to provide living facilities to one or more families and which is entirely separated from any building by spaces on all sides.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units.
DWELLING, MULTIPLE-GROUP
A group of two or more multifamily dwellings occupying a parcel of land under one ownership, all joined as a unit by common open space and similar architectural styling and subject to the special regulations and provisions.
DWELLING, SEMIDETACHED
A building situated astride two abutting lots and consisting of two dwellings separated by a common party wall along the dividing lot line and separated from any other building by space on all sides.
DWELLING, TOWNHOUSE
One of a series of three to 10 attached dwelling units separated from one another by continuous vertical walls without openings from basement (cellar) floor to roof.
DWELLING, TWO-FAMILY
A building containing not more than two dwelling units, arranged one above the other or side by side.
EASEMENT
The right of one party to enter upon or use the land of another party.
EDUCATIONAL INSTITUTION, NONPUBLIC
Any private or parochial institution which offers college, high school, junior high school, elementary, kindergarten or nursery school instruction, provided that the following requirements shall apply:
A. 
The Planning Board shall review the plot plan and make recommendations thereon prior to the issuance of any building permit or certificate of occupancy.
B. 
Schools or studies offering music, art or dancing instruction, or instruction in a vocational trade, shall not be classified as nonpublic educational institutions.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A written report, including appropriate maps and exhibits, describing a proposed development and assessing the environmental and ecological impacts of the development in order to alert the Borough and the developer to potential risks and dangers.
EQUALIZED ASSESSED VALUE
The value of a property determined by the Borough Tax Assessor through a process designed to ensure that all property in the Borough is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Borough Tax Assessor.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or by municipal or other governmental services in any street, alley, right-of-way or easement provided therefor on a subdivision plat of underground or overhead electrical and communications systems; gas, steam, or water transmission, distribution or supply systems; sewerage and other collection and disposal systems; and traffic control and police protection systems, including all equipment, accessories, and appurtenances in connection therewith, provided that "essential services" shall not be construed to include public utility facilities, as defined in this section. In the event of conflict between the two, "public utility facility" shall be deemed to apply. Essential services may not exceed 50 feet in height.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
EXCEPTION
Permission granted by formal action of the Board to depart from the design standards in Part 2, Article 17.
EXOTIC ANIMAL
Any species of animal not considered a domestic animal or indigenous wildlife.
FAA
The Federal Aviation Administration.
FACADE
The exterior vertical surface of a building, including ornamentation, windows, doors, or overhangs.
FAMILY
Any number of persons, whether or not related by blood, marriage or adoption, living together in a single dwelling unit as a single housekeeping unit. Employees, roomers or boarders meeting the above definition shall be included as part of the family.
FAMILY DAY-CARE HOME
Any private residence approved by the Department of Children and Families or an organization with which the Department 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 less 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:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The child being cared for is legally related to the provider; or
B. 
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FCC
The Federal Communications Commission.
FEE SIMPLE
A form of ownership of real estate where the owner or owners are entitled to the entire property with unconditional power of disposition during life and which passes to heirs upon death pursuant to the intestacy laws, or if there is a will, to the devisee by will.
FENCE
An artificially construed barrier of wood, wire or metal or any other combination of materials erected for the enclosure or screening of areas of land supported by posts or other similar devices placed in the ground.
FINAL APPROVAL
The official action of the Board taken on a preliminary approved major subdivision or site plan, or part thereof, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Borough Planning Board for final approval in accordance with regulations established by Part 2 and which, if approved, shall be filed with the proper county recording officer complying with the Map Filing Law.[3]
FINE ARTS SCHOOLS
Establishments primarily engaged in offering instruction in the arts, including dance, art, drama and music, except for academic purposes, including but not limited to art (except commercial or graphic) instruction, ballet schools, ceramics instruction, conservatory of music, dance instruction, dance schools, dance studios, drama schools, handicrafts instruction, music instruction, performing arts schools, photography schools, drama schools, sculpture instruction, theater schools and voice instruction.
FIRE ESCAPE
An emergency egress from a building used for human occupancy, constructed to meet the requirements of the Uniform Construction Code.
FLOOD AREA
An area adjacent to a floodway as defined by the Borough Code.
FLOODWATER DETENTION OR RETENTION BASIN
Any storm drainage control technique which retards or detains stormwater runoff from land or buildings by the use of a containment device, such as a chamber or basin.
FLOODWAY
The space contained within the banks of a stream or river as defined by NJDEP.
FLOOR AREA RATIO (FAR)
The ratio of the gross floor area of a building to the total lot area.
FLOOR AREA, GROSS (GFA)
The area of a floor computed by measuring the dimensions of the outside walls in a building or dwelling unit, excluding attic, basement, and cellar floors, porches, patios, terraces, breezeways, carports, verandas, garages, atria, galleries, indoor mechanical installations, interior parking and loading spaces, and guard houses, provided that such excluded areas are not utilized for work or storage space in nonresidential buildings.
FLOOR AREA, HABITABLE
The area of that portion of a building or structure designed, intended, heated, and furnished for year-round human occupancy, measured on each floor from the inside of the outside walls. "Habitable floor area" shall not include unheated areas, garages or attic spaces which are inaccessible or of inadequate height or unheated. The floor area of stairwells and/or elevator shafts shall be the area of one floor of such stairwell or shaft.
FRONT
The portion of a lot facing a street. On corner lots and through lots, the front shall be the street facing the front door or the majority of front doors.
FRONT YARD
See "yard, front."
FRONTAGE
The distance measured along the street property line between the point where one side line of a lot meets the front street property line. On through lots the property shall have frontage on both streets. On corner lots, along the front street line between the two side lines as projected.
FUNERAL HOME (MORTUARY)
An establishment whose uses shall be limited to the usual and normal funeral activities, provided that the embalming of persons shall be limited to the embalming of clients of the funeral home and shall not include embalming for other funeral homes.
GARAGE, PRIVATE
An enclosed accessory building or portion of a principal building used for the housing of private motor vehicles and in which no occupation, business or service for profit may be carried on and which shall be a minimum of 240 square feet of surfaced floor area, but not more than 300 square feet for one-car garages and not to exceed 650 square feet for two-car garages. No more than one two-car garage shall be permitted for any one- or two-family detached dwelling. In the event that the gross floor area of a residential dwelling, exclusive of garage area, exceeds 3,000 square feet, the garage may be expanded to an amount not to exceed 25% of the gross floor area, exclusive of the garage. However, no more than three garage door openings shall be permitted. A garage may be a detached accessory building on the same lot of such dwelling or may be attached to or incorporated into such dwelling.
GARAGE, PUBLIC
Any building, structure, lot or land on or upon which a business service or industry involving the storage, maintenance, or servicing, and storage in connection therewith, of motor vehicles or boats is maintained, conducted or rendered, provided that it shall not include a building, structure, lot or land on which a business is conducted which involves motor vehicle body repair or painting.
GARAGE, SERVICE AND REPAIR
A building, or portion thereof, other than a motor vehicle sales establishment, used for the repair and servicing of motor vehicles and the sale of replacement parts and accessories. Heavy body and collision repair work, painting and refinishing shall be excluded. Such garage shall not be used for the storage of dismantled or wrecked motor vehicles or junk.
GARDEN APARTMENT
A building or group of buildings situated on one lot and containing separate dwelling units for no fewer than three families and not exceeding two habitable floors.
GARDEN CENTER
A commercial establishment selling plants and garden products, seeds, fertilizer, tools and other related items primarily at retail to the public.
GASOLINE FILLING STATION
Any area of land, including buildings and other structures thereon, that are used for dispensing of motor vehicle fuels, oils and accessories at retail, where repair service is incidental, where no storage or parking space is offered for rent, and where storage of dismantled or wrecked motor vehicles or motor vehicle sales are prohibited. No gasoline filling station shall be located within 1,500 feet of a public or nonpublic educational institution, nor another gasoline filling station where such station would be located on the same street or on an intersecting street. Such distance shall be measured on a radius of 1,500 feet from any part of the lot or plot on which such station is to be located from the lot line of a public or nonpublic educational institution or another gasoline filling station.
GASOLINE SERVICE STATION
Any building, structure, lot or land on or upon which a business, service or industry involving the storage, maintenance, or servicing of motor vehicles is maintained, conducted, operated or rendered, and in association therewith, motor fuel is offered for sale to the public, provided that a gasoline service station shall not include any building, structure, lot or land upon which a business is conducted involving motor vehicle body repair or painting.
GAZEBO
A detached residential accessory structure with a roof but no walls.
GLARE
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance or visibility.
GOLF COURSE
Land laid out for golf and having a minimum area of 50 or more contiguous acres to support an eighteen-hole, full-size facility, together with the necessary uses, buildings and structures, such as, but not limited to, clubhouse facilities, driving range, dining and refreshment facilities, equipment sale facilities ("pro shop"), swimming pools, tennis courts and other recreational facilities, provided that the operation of all such facilities is incidental to the operation of the golf course.
GOVERNING BODY
The Mayor and Council of the Borough.
GRADE
The elevation of the surface of the earth or, where applicable, the average elevation of land around a building or structure as measured at the foundation. Also, the percent of rise of a sloping surface.
GRADE, FINISHED
The average ground elevation of the lot at the front building line after all proper lot grading has taken place.
GRANDFATHERED CONDITION
Describes the status accorded certain properties, structures, uses, and activities that legally exist prior to the date of adoption of the zoning ordinance or provisions of the zoning ordinance.
GROSS FLOOR AREA
See "floor area, gross."
HABITABLE FLOOR AREA
See "floor area, habitable."
HEALTH CLUB
An establishment that provides facilities for any personal improvements, such as aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities and saunas, showers, massage rooms and lockers, or similar activities.
HEIGHT OF TELECOMMUNICATION TOWER OR OTHER STRUCTURE
As referred to in Part 3, Article 28, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
HISTORIC SITE
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.
HOME OCCUPATION
A. 
An accessory use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental to the use of the dwelling for residential purposes and does not alter the character thereof, provided that:
(1) 
In connection with which there is used no display except one sign, not exceeding a total area of two square feet, affixed to the building, and if illuminated, illuminated only by a shielded indirect light source or equivalent light not offensive to surrounding residences;
(2) 
In connection with which there is kept no stock-in-trade or commodity sold upon the premises;
(3) 
In connection with which only a member or members of the resident family are employed; and
(4) 
Not more than 30% of the floor area of the building is used for such accessory use.
B. 
Such activities and uses as boardinghouse or rooming house operations, tourist homes, clinics, barbershops and beauty parlors, animal hospitals, private nursery and kindergarten schools, music studios, art or dancing schools for group instruction, repair of heavy mechanical or electrical equipment, the keeping of and use of mechanical or electrical equipment that would cause electrical or other interference with radio or television reception in nearby residences, and all other activities and uses which would cause offensive and excessive noise, light, vibration or other disturbances, or would result in excessive residential street traffic, shall not be deemed home occupations under the terms of this chapter.
HOMESTEAD LOT
An existing lot upon which a single-family residence has been or is to be constructed.[4]
HOT TUB
A plumbing fixture which can be located both inside and outside a dwelling capable of accommodating several persons at the same time and having water circulation or aerating equipment and having a water surface area when full not exceeding 100 square feet. The water surface up to a maximum of 100 square feet of any hot tub shall not count towards impervious lot cover.
HOTEL
A building containing hotel units, each having its only access from an interior corridor, which building has a public lobby and full-time management serving the guests, and which may contain ancillary services and facilities, such as restaurants, shops and boutiques, recreation facilities, meeting rooms and conference and convention facilities, which shall be accessible from the interior of the building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
HOUSE OF WORSHIP
A building or structure or group of buildings or structures which by design and construction are primarily intended for use by groups or persons to conduct organized religious services and whose secondary uses are associated therewith, notwithstanding the fact that such buildings or structures are called by other names by the religious denomination utilizing them. This denomination shall include, but not be limited to, chapels, churches, congregations, temples, mosques, shrines and similar designations, as well as rectories, parish houses, convents and such other buildings or structures intended for secondary uses located on the same lot.
HOUSING FOR THE ELDERLY
One or more dwelling units intended and designed to be occupied by single individuals 55 years of age or older; married couples, at least one of whom is 55 years of age or older; or two or more persons not related by blood, marriage or adoption when all such persons are 55 years of age or older. One person under age 55 but over age 20 years may reside in a dwelling unit with an elderly person or persons as permitted above if the presence of said person is essential for the care or economic support of the elderly person or persons. Children 20 years or older may reside with a parent or parents as permitted above. Rental, leasing, resale or occupancy of units must comply with the age restrictions as herein set forth to qualify as housing for the elderly.
HUD
United States Department of Housing and Urban Development.
IMPERVIOUS COVER
The sum of the areas of all impervious surfaces and structures divided by the area of the lot; impervious surfaces and structures include buildings, sidewalks, driveways, patios, decks, pools and roofed structures.
IMPROVEMENTS
Anything placed on a lot which does not exist naturally, provided that earth, rocks, grass, shrubs, trees and other vegetative material, although placed on the lot by the developer, shall not be construed as an "improvement" defined herein, and further provided that the above shall not be construed to exempt filling, excavation, grading, or landscaping from the requirement to obtain site plan approval if required by this chapter.
INDUSTRIAL USE
A use characterized by manufacturing of products, the use of processes, the assembly of component parts of premanufactured products other than structures or other fixed improvements, and the blending of materials, usually into a tangible product.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey. In the case of a civil proceeding in any court or in an administrative proceeding before a Borough agency, any person, whether residing within or without of the Borough, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any other law of this state or of the United States, have been denied, violated or infringed upon by an action or a failure to act under the Municipal Land Use Law.[5]
JOINT PARKING PROGRAM
A program approved by the Board pursuant to an application whereby parking facilities are shared by occupants of two or more premises.
JUNKYARD
Any space or area, whether inside or outside a building or structure, used or intended to be used for the storage, selling, buying, trading in, keeping, or abandonment of used or discarded or scrap metal, glass, paper, fabric, cordage or other similar material or for the dismantling, demolition or abandonment of motor vehicles, or other vehicles or machinery, appliances, equipment, fixtures, or parts thereof. It shall not apply to facilities operated by the Borough or an agency thereof as a convenience to its citizens for the purposes of disposal of organic materials or discarded household items or by a nonprofit organization on public property with the permission of the governing body and under its control for the purpose of recycling.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling or excavation of land which causes land to be exposed to the danger of erosion, except for normal farming practices executed for the purposes of farming.
LIMITED MANUFACTURING
The fabrication, processing or assembly of goods and materials, or the storage of bulk goods and materials, where such activities, goods or materials create no major hazard from fire or explosion, produce no toxic or corrosive fumes, gas, smoke or odors, produce no obnoxious dust or vapors, produce no offensive noise or vibrations, glare, flashes or objectionable effluent or produce no danger from radiation.
LOADING SPACE
An off-street space, bay or berth on the same lot with a structure, or contiguous to a group of structures and buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit. Adjoining parcels in common ownership which do not meet the dimensional and area requirements for building lots as set forth in Part 3, Zoning, shall be considered as a single lot for the purposes of Part 2.
LOT AREA
The total square footage of any lot as measured within the lot lines.
LOT COVERAGE
See "building coverage" and/or "coverage by improvements" as applicable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
LOT DEPTH
The average distance between the front lot line and the rear lot line. Lot depth shall be measured along a line connecting the midpoint of the front lot line and the midpoint of the rear lot line, and along the lines drawn parallel to said line at ten-foot intervals from said line throughout the width of the lot, provided that those said lines located entirely within the lot shall be used for measuring lot depth. The average of the above measurements shall be the lot depth. In the case of corner lots, the greater of such average dimensions shall be the lot depth.
LOT FRONTAGE
The length of the front lot line. In the case of a subdivision application, when the rear lot line or side lot line of the lot sought to be divided is coterminous with the end of a street (other than a cul-de-sac), such rear or side lot line shall not be deemed lot frontage.
LOT LINE
A line of record bounding a lot which divides one lot from another or from a public or private street.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way. On corner lots, the front lot line shall be the line to which the front door or majority of front doors face. In addition, for purposes of this definition, when the lot lines at an intersection are rounded, the front lot line shall be measured to the point of intersection of the extension of the front lot line and street side lot line.
LOT LINE, REAR
The lot line or lines opposite and most distant from the front lot line. In the case of triangular lots, the rear lot line shall be construed to be an imaginary line that intersects the point of intersection of the side lot lines and follows the alignment of the rear lot lines of adjacent properties, the intent being to maintain the existing rear yard pattern of the neighborhood.
LOT LINE, SIDE
The lot line other than a front or rear lot line. On corner lots, the lot line opposite the side of the principal structure shall be the side lot line.
LOT WIDTH
The shortest straight line distance between the side lot lines of any lot, measured parallel to the front line and at a distance from the front lot line equal to the minimum required front yard setback. If the front lot line of any lot is not a straight line, the lot width shall be measured parallel to the shortest imaginary line which is entirely within the lot and tangent to the front lot line. The lot width shall be measured parallel to said imaginary line at a distance equal to the minimum front yard setback.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
LOT, CORNER
A parcel of land at the junction of and having frontage on two or more intersecting streets or a lot at a section along a street where the street alignment has an angle more acute than 135°. Front yard setback requirements shall be provided for all street frontages of a corner lot.
LOT, DOUBLE FRONTAGE
A lot, other than a corner lot, having frontage on two streets.
LOT, FLAG
A lot with the following configuration: a narrow portion wide enough to accommodate a driveway or other access corridor and extending from the front lot line back to an enlarged area at the rear of the lot, with the enlarged area being wide and deep enough to accommodate a permitted use or structure.
LOT, INTERIOR
Any lot which is not a corner lot or through lot.
LOT, THROUGH
A lot which has frontage upon streets at its front and rear and by other lots at its side.
LOW-INCOME HOUSING
Housing that is affordable, according to HUD or other recognized standards for homeownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the house region in which the housing is located, and is subject to affordability controls.
MAINTENANCE GUARANTEE
Any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions.
MANUFACTURING
The production or assembly of articles or finished products from previously refined raw materials by giving them new forms, qualities, or compositions.
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the Borough, which has been duly adopted by the Planning Board in accordance with N.J.S.A. 40:55D-28.
MEDIAN INCOME
The level of income where 1/2 the persons having income are below that level and 1/2 the person having income are above that level.
MINOR SITE PLAN
A development plan of one or more lots which:
A. 
Is limited to the following where no new variances are required:
(1) 
Freestanding sign.
(2) 
Alteration of a facade of the building or structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Increase or decrease in floor area (either gross or habitable) of less than 500 square feet or 10%, whichever is greater.
(4) 
Addition of a permitted accessory building, structure or use no larger than 500 square feet in floor area or 10%, whichever is greater.
(5) 
Adding no more than five parking spaces or altering a site which requires no more than five parking spaces.
(6) 
Modification of utilization not involving any of the above.
(7) 
Change from one commercial use to another commercial use, or one office use to another office use, for which there is no other variance required.
B. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
C. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
D. 
Requires no variances, waivers or exceptions.
MINOR SUBDIVISION
Any subdivision:
A. 
Resulting in not more than three lots fronting on an existing street.
B. 
Not involving any new streets or roads or the extension of Borough facilities.
C. 
Not adversely affecting the development or probable development of the remainder of the parcel.
D. 
Reviewed by the Borough Engineer and Borough Planner for consistency with this chapter and classified as a minor subdivision.
MIXED-USE DEVELOPMENT
The development of a tract of land, building or structure containing more than one principal permitted use and designed as a comprehensive, integrated development.
MOBILE HOME
A. 
A structure of vehicular, portable design, which is:
(1) 
Built on a chassis and designed to be moved from one site to another, and to be used with or without a permanent foundation;
(2) 
Designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
(3) 
Manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Pub. L. 93-383 (42 U.S.C. § 5401 et seq.) and the standards promulgated for a manufactured or mobile home by the Commissioner of the New Jersey Department of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
B. 
"Mobile home," for purposes of this chapter, does not include modular homes.
MOBILE STORAGE STRUCTURES
Any assembly of materials which is so designed, constructed or reconstructed to make it portable and capable of movement from one site to another, designed to be used without a permanent foundation, designed with the purpose of storing tangible property and not for occupancy by persons, and to have one dimension exceeding 10 feet. Mobile storage structures, as defined herein, are prohibited in the Borough, except such a structure shall not be deemed a mobile storage structure for purposes of this chapter as specifically described hereafter:
A. 
The loading, unloading and/or parking of any mobile storage structure commonly known as a "truck trailer" which is properly registered under the laws of any state as a motor vehicle, provided the parking, loading and/or unloading of said motor vehicle complies with all other provisions of New Jersey law and this chapter.
B. 
The loading or unloading of mobile storage structures on industrial, commercial or residential sites so long as said activity does not exceed a forty-eight-hour period of time.
C. 
The use of mobile storage structures in industrial or commercial zones for the disposal of waste materials by a contractor licensed for such disposal services.
D. 
The use of mobile storage structures at construction sites for storage and/or disposal of materials, provided that a permit is obtained from the Borough for use in excess of 48 hours, which use and placement shall be limited to a maximum of six months, and provided that its placement satisfies all other provisions of this chapter.
E. 
The use of mobile storage structures by the Borough, its agencies or subdivisions.
F. 
The use of mobile storage structures designed for human occupancy which are regulated under other provisions of this chapter and/or New Jersey law.
G. 
The use of no more than three mobile storage structures in the nonresidential zones only so long as the Zoning Officer determines that the mobile storage structure(s) satisfies the following criteria:
(1) 
Does not exceed 40 feet in length, is not greater than 2,600 cubic feet in size, is not greater than eight feet in height from the bed of the structure, is not greater than 13 feet in height measured from the ground to the top of the structure, and is not greater than eight feet in width. At no time shall the top of any mobile storage structure exceed the height of the building behind which it is located;
(2) 
Whether the mobile storage structure(s) is permitted shall be determined by rear yard coverage limitations for accessory structures contained in this chapter;
(3) 
Mobile storage structures shall not be located in or impede the use of any parking area, loading area, aisle or driveway;
(4) 
Mobile storage structures shall not be located in the public right-of-way;
(5) 
Mobile storage structures shall only be located on private property and only in the rear yard of the principal structure on that property as defined in this chapter;
(6) 
Mobile storage structures shall not be in violation of any bulk variance requirement of this chapter;
(7) 
Mobile storage structures shall not be located in any residential zone;
(8) 
Mobile storage structures shall be properly buffered so they are screened from view from any adjacent public way or residential use; and
(9) 
No materials classified as high hazard by the New Jersey Uniform Construction Code may be stored in any mobile storage structure.
MODIFICATION OF UTILIZATION
A change in the degree of utilization of land, buildings or structures which, although permitted in the particular zone district, nevertheless constitutes such a significant increase or decrease in the number of occupants, patrons, visitors, or other persons using the land, buildings, or structures; the need for public utility or transportation services; the extent of traffic generation or parking requirements; or other similar factors that, in the opinion of the Zoning Officer, site plan review and approval of the Board is required. By way of example, but not limitation, a use involving any of the following shall be presumed to be a modification of utilization:
A. 
An enlargement, reduction or relocation of the building, floor area or land area containing the use;
B. 
A substantial change in the products or materials manufactured, stored, used or sold on the premises;
C. 
A substantial change in the amount and/or nature of traffic, parking, shipping or deliveries associated with the use on the premises;
D. 
A change in the number of dwelling units; and
E. 
A substantial change in the hours, days or season during which the use is conducted.
MOTEL
A building or group of buildings containing any group of two or more rooms or suites of rooms, usually having a direct entrance from the exterior of the building, for the overnight accommodation of transient guests and having adjacent, readily accessible off-street parking facilities. Said building or buildings may have full-time management and may contain restaurants and recreation facilities primarily intended to serve transient guests of the motel.
MOTOR INN
See "hotel."
MOTOR VEHICLE
Any motor vehicle, omnibus, road tractor, trailer, truck and/or truck tractor, and shall have the meaning stated and defined in N.J.S.A. 39:1-1 et seq., but shall not include mobile storage structures as defined elsewhere in this chapter.
MOTOR VEHICLE BODY REPAIR SHOP
Any building, structure, lot or land on or upon which a business, service or industry licensed by the State of New Jersey involving the repair and/or painting of motor vehicle bodies, and storage in connection therewith, is maintained, conducted, operated or rendered.
MOTOR VEHICLE SALES ESTABLISHMENT
A lot, or portion thereof, and any structures thereon, including buildings, used for the storage, display and sale of new and/or used motor vehicles and where normal servicing and repair work is incidental to the principal use of such lot, or portion thereof, and structures.
MOTOR VEHICLE SERVICE SHOPS and MOTOR VEHICLE REPAIR SHOPS
Any building, structure, lot or land on or upon which a business, service or industry involving the mechanical repair or maintenance of motor vehicles and storage in connection therewith is maintained, conducted, operated or rendered.
MULTIFAMILY USE
A use where three or more separate dwelling units are permitted as the primary use on one lot.
MUNICIPAL RESIDENT
A person who is domiciled in the Borough.
MUNICIPAL USE
Any use by the Borough of any property owned or leased by it.
NEW OR USED CAR DEALER
Any person licensed under New Jersey law as a new or used car dealer, or any person who maintains or operates a facility where automobiles, either new or used, are stored, displayed or offered for sale or lease.
NJDEP
New Jersey Department of Environmental Protection.
NJDOT
New Jersey Department of Transportation.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, or prior to any of its predecessor chapters, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING LOT
A lot of record, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, or prior to any of its predecessor chapters, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
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.
NONPROFIT CHARTER MEMBERSHIP ORGANIZATION
Any organization, whether incorporated or otherwise, which is not for profit and which is organized for the benefit of its members or for the public or for charitable purposes, but shall not include hospitals, clinics or outpatient clinics or dispensaries whose principal function is the providing of nursing or convalescent care, the furnishing of narcotic, drug or alcohol abuse treatment, or performance of abortions.
NONRESIDENTIAL USE
A use which is designed or intended for any purpose other than as a dwelling unit.
OCCUPANCY
The residing of a person or persons in a dwelling unit overnight, or the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building. Also, the specific purpose for which land, building or structure is used, designed or maintained.
OFF-SITE
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 the development application, or within a contiguous portion of a street or right-of-way.
OFF-TRACT
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.
OFFICIAL MAP
A map adopted pursuant to N.J.S.A. 40:55D-32 et seq., as amended.
ON-SITE
Located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
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. "Open space" shall include the term "common open space" as herein defined. For the purpose of determining the limits of open space area, it shall include any area exclusive of buildings, paved surfaces, public rights-of-way and areas serving individual dwelling units or intended for the use of occupants of individual dwelling units, but inclusive of clubhouses, tennis courts, swimming pools and similar recreation facilities, along with accessory parking facilities.
OPERABLE MOTOR VEHICLE
A motor vehicle which in its then existing condition can be moved under its own power from place to place on a public highway without violating any provision of Title 39 of the New Jersey statutes by doing so.
OUTDOOR STORAGE CONTAINERS
Portable or temporary storage units intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property, either for pure storage or to facilitate the moving of persons from household unit to household unit, with the understanding that such items, after a period of time (as defined in Part 3, Zoning) for loading, will be moved to a commercial storage facility.
OWNER
Any person, individual, firm, association, legal entity, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop such property under Part 2.
PARAPET
A projection of a wall of a building above the roof.
PARKING AREA
An open area other than a street or other public road or way used for the parking of motor vehicles, including access drives or aisles for ingress and egress thereto and therefrom.
PARKING SPACE
A permanently surfaced off-street area of not less than 162 square feet, exclusive of interior driveways or entrance and exit driveways, either within a structure or in the open, for the parking of one automobile.
PARKING, LAND-BANKED
Required parking, or portion thereof, the construction of which is permitted to be deferred until needed.
PATIO
A structure of wood, masonry, metal, stone, asphalt, or other substance without a roof, the floor level for which is one foot or less above average surrounding grade, used for recreational purposes and as an accessory use.
PERFORMANCE GUARANTEE
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Board approves a final plat or site plan, including performance bonds, escrow agreements and other similar collateral or surety agreements, including cash.
PERSON
Any person, individual, business entity, partnership, association, corporation, company or organization of any kind or nature.
PERSONAL SERVICES
Services involving the care of a person or his or her personal goods or apparel.
PILOT PLANT
Part of a research facility used to test out concepts and ideas, to determine physical layouts, material flows, type of equipment required and costs and to secure other information prior to full-scale production.
PLANNED DEVELOPMENT
Includes planned residential development, residential cluster, planned commercial development, or planned industrial development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
PLANNED COMMERCIAL DEVELOPMENTAn area of a minimum contiguous size, as specified by ordinance, to be developed according to plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any other uses incidental to the predominant use as may be permitted by this chapter.
B. 
PLANNED INDUSTRIAL DEVELOPMENTAn area of a minimum contiguous size, as specified by ordinance, to be developed according to plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
C. 
PLANNED RESIDENTIAL DEVELOPMENTAn area of a minimum contiguous size, as specified by ordinance, to be developed according to plan as a single entity containing one or more residential clusters, which may include appropriate commercial, public, or quasi-public uses primarily for the benefit of the residential development and any other uses incidental to the predominant use as may be permitted by this chapter.
PLANNING BOARD
The Planning Board of the Borough of Kenilworth established pursuant to N.J.S.A. 40:55D-23. The Planning Board also serves as the Borough's Zoning Board of Adjustment when "D" variance applications are heard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PLANT NURSERY
The same as a garden center except with the added feature that plants are grown on site.
PLAT
The map or maps of a subdivision or site plan.
PLOT PLAN
A plan submitted for review which shows the location of a building or buildings, driveways, parking areas, provisions for drainage, lighting and landscaping and whatever other information may be required.
PORCH
An above-grade open or enclosed structure attached to or accessible from the principal building or structure, having a roof, and having more than 35 square feet in area and is considered as part of the principal building or structure.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.
PRELIMINARY SITE PLAN
The preliminary development plan indicating the proposed layout of the site which is submitted to the Board for consideration and preliminary approval meeting the requirements of the appropriate sections of this chapter.
PRELIMINARY SUBDIVISION PLAT
The map indicating the proposed layout of a major subdivision which is submitted to the Board for consideration and for preliminary approval and meeting the requirements of the appropriate sections of this chapter.
PREMISES
The particular lot or lots being considered, including everything thereon.[6]
PRIVATE OR QUASI-PUBLIC CLUB
An incorporated or unincorporated association or organization for civic, social, cultural, religious, literary, political, and recreational or like activities operated for the benefit of its members and not open to the general public.
PROFESSIONAL OFFICE
The office or studio of a doctor or physician, but not including medical clinics; dentist, but not including dental clinics; veterinarian, but not including animal hospitals; lawyer; minister; architect; professional engineer; accountant; or teacher and such similar professions which require a comparable degree of formal education and experience. For the purposes of this definition, "teacher" shall be restricted to a person giving individual instruction in a musical instrument, in voice or art, in dancing or in academic or scientific subjects to a single pupil at a time. When conducted in a home in a residential district, a professional office shall be accessory to the principal use, shall be conducted by a member of the family residing on the premises, shall employ or engage not more than one person who is not a member of such resident family, and shall not occupy more than the equivalent of 30% of the ground or first-floor area of the principal building.
PUBLIC AREA
Such areas include:
A. 
Public parks, playgrounds, trails, paths and other recreational areas;
B. 
Other public open spaces;
C. 
Scenic and historic sites; and
D. 
Sites for schools and other public buildings and structures.
PUBLIC PARK
A lot or land owned or operated by the Borough or a department thereof or any other governmental agency, including any which is open to use by the general public, whether free of charge or otherwise, and which is primarily devoted to recreational or open space use.
PUBLIC UTILITY FACILITIES, RESIDENTIAL TYPE
Any use meeting the general definition of "public utility" as set forth in the definition section of N.J.S.A. 48:2-13 et seq., which is contained in a building no greater than 15 feet in height, and if not contained in a building, involving structures no greater than 35 feet in height, and otherwise meeting the requirement for lot size, coverage, setbacks, etc., provided for the zone in which it is located, except where more stringent requirements are imposed herein which shall control. Notwithstanding the above, the following uses shall not be residential type public utility uses for purposes of administering this chapter:
A. 
Bus or autobus, trolley railroad, street, railway, traction railway, charger bus, or special bus terminal, parking facility, storage or maintenance facility, electric substation;
B. 
Natural gas transmission pumping facility or pressure reduction facility; and
C. 
Any facility relating to the collection, transfer, processing, storage or disposal of solid waste or vehicles engaged in the collection of solid waste, except such facilities operated by the Borough as hazardous waste sites or any facility relating to the storage, transfer, processing or disposal of hazardous waste.
PUBLIC UTILITY FACILITY, INDUSTRIAL TYPE
Any use meeting the general definition of "public utility" as set forth in the definition section of N.J.S.A. 48:2-13 et seq., and which does not meet the definition of "residential type public utility" herein.
RESEARCH FACILITIES
An office or facility for carrying on research, engineering and development in the physical or biological sciences with the objective of creating end products, including the administration office associated therewith. Such activities shall be of a type that do not include any activities that create noise, dust, smoke, odor, glare, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, unusual risks of fire or explosion or activities otherwise prohibited by law or ordinance and shall not cause electrical, visual, or audible interference in any radio or television receivers or transmitters located off premises or cause fluctuations in line voltage off premises.
RESTAURANT
An establishment where customers or patrons are served food or drink for consumption within the confines of the building or structure where the business is conducted, including taverns and other places where alcoholic beverages are served on a commercial basis.
RESTAURANT, DRIVE-IN
A restaurant or refreshment stand, commonly called a snack bar, dairy bar, hamburger stand, hot dog stand or fast-food establishment, where customers or patrons are served food, soft drinks, ice cream and similar confections for the immediate consumption at counters, stools or bars outside the confines of the building or structure in which the business is conducted, or for consumption in automobiles parked upon the premises, whether brought to such automobile by the customer or patrons or by waiters or waitresses employed by the operator. The above shall not include refreshment stands at parks, clubs, athletic fields or other similar recreation areas, or the temporary operation of refreshment stands at properly licensed circuses, bazaars and other similar functions.
RESTORATION GUARANTEE
In the form of cash, a bond or other security satisfactory to the Board, which can be used by the Borough to restore applicable property to a safe condition in the event that the developer abandons the project, so as to ensure that the property in its unfinished development state does not adversely affect the public safety or adversely impact the environment.
RESUBDIVISION
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 so as to combine existing lots by deed or other instrument which is exempt from subdivision.
RETAIL SALES
The sale of goods or merchandise to the general public for personal or household consumption and the rendering of services incidental to the sale of such goods.
[Amended 9-12-2018 by Ord. No. 2018-14]
RETAIL SERVICES
Establishment providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, personal service, motion pictures, amusement and recreation services, health, and educational, and social services, museums, and galleries.
RSIS or SIS
New Jersey Residential Site Improvements Standards.[7]
SCHOOL
Any building or structure used for educational or instructional purposes; such definition shall also include not only the physical building or structure but also the organization conducting such education or instruction therein, whether public or private, profit-making or nonprofit.
SCREENING
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual, or private storage spaces of varying sizes, leased or rented on individual leases for varying periods of time.
SENIOR CITIZEN
A person at least 62 years of age.
SENIOR CITIZEN HOUSING
A building or buildings containing one or more dwelling units restricted by deed or other instrument to occupancy of each dwelling unit by a person or persons in any one of the following categories: up to two individuals, both of whom are 62 years of age or older; or a married couple, either one of whom is 62 years of age or older.
[Amended 9-12-2018 by Ord. No. 2018-14]
SENIOR SUITE
A dwelling area similar to those sometimes called a "mother-daughter" apartment serving as a secondary living space for a relative or relatives. At least one person living in the senior suite shall be 55 years of age or older. The living space shall be connected with a door to the remainder of the residence and may have separate kitchen appliances installed pursuant to all applicable codes. The accessory apartment must share a common entrance and may not have a separate exterior entrance. The dwelling area shall be considered as an accessory apartment.
SERVICE ORGANIZATION
Any nonprofit organization or institution which:
A. 
Provides volunteer aid in times of disaster;
B. 
Provides any emergency or religious, social, physical or benevolent services; or
C. 
Is devoted entirely to the betterment of the community.
SERVICE STATION OR GARAGE OPERATOR
Any person licensed under New Jersey law to operate a service station or automobile facility or to dispense gasoline, or any person who maintains or operates a facility to repair, maintain, service or store motor vehicles, whether operable or inoperable.
SETBACK
The shortest straight line distance between a building or structure and the nearest property line.
SEWERAGE AUTHORITY
The Borough of Kenilworth or the Rahway Valley Sewerage Authority.
SHED
An accessory structure not attached to the principal building and utilized for storage, designed and intended for storage of items smaller in size than an automobile, with a maximum floor area of 100 square feet and a maximum height of 10 feet. Only one shed shall be allowed per lot.
[Amended 8-14-2019 by Ord. No. 2019-09]
SHOPPING CENTER
A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. In the absence of any other applicable standard:
A. 
For street intersections, this triangle is created by establishing points 30 feet from the point of intersection of each of two intersecting right-of-way lines and connecting these two points with a straight line to form a triangle; and
B. 
For driveway intersections, this triangle is created by establishing points 10 feet from the point of intersection of a right-of-way line and the line established by driveway edge and connecting those two points with a straight line to form a triangle.
SIGN
Any visible device, structure, or object or part thereof or device attached thereto or painted or represented thereon for attracting attention and giving information, or for visual communication, which displays or includes any letter, word, model, banner, pennant, insignia, mural, picture or artwork, device, representation or advertisement. It shall also include those typically affixed to trucks or other commercial vehicles for the purpose of advertising or announcing ownership or the product or service offered by the owner or operator, and lighting devices designed to attract attention. For the purposes of this chapter, the term "sign" shall not include the flag, pennant, or insignia of any nation, group of nations, state, city or political unit standing or displayed or of any civic, charitable, religious, fraternal or similar organization.
SIGN AREA
The total area, as measured in square feet, of a sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto. The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.
SIGN, ANIMATED
A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
SIGN, ANNOUNCEMENT
A sign identifying an occupant of premises and his/her/its activity.
SIGN, BUSINESS
A sign which calls attention to a process, service, profession, business or other activity conducted upon the premises or to a product made or commodity sold on the premises upon which the sign is located.
SIGN, CONSTRUCTION
A temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
SIGN, DIRECTIONAL
A noncommercial on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises and not displaying a commercial message (e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like).
SIGN, EXTERIOR
Any sign located outside of a building or any sign located within a building which is both visible from outside the building and located within 12 feet of the window or door through which the sign is visible.
SIGN, FREESTANDING
A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure.
SIGN, GARAGE OR YARD SALE (GARAGE-YARD SALE SIGN)
Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially zoned property located in the Borough. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
SIGN, ILLUMINATED
Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
SIGN, INFORMATIONAL
A sign indicating the location of or designating an institution or facility of a public or quasi-public nature or indicating the opening of an event of public interest, but not including signs pertaining to real estate.
SIGN, INTERMITTENT
A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.
SIGN, OFFICIAL
Any sign, symbol or device erected and maintained by a federal, state, county, or local government agency for the purpose of informing, guiding, or protecting the public.
SIGN, OUTDOOR ADVERTISING
A sign which calls attention to a service, business enterprise or similar activity conducted elsewhere than on the same premises upon which the sign is located or to a product or commodity made, sold or offered elsewhere than on the same premises upon which the sign is located, but does not include informational signs as hereinbefore defined nor necessary directional signs in connection with advertising real estate.
SIGN, POLITICAL
Any sign erected for the purpose of promoting the candidacy of a person seeking public office, or promoting a position regarding a matter of political interest, including pending legislation.
SIGN, PORTABLE
Any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this chapter, an inflatable sign shall be considered a portable sign.
SIGN, REAL ESTATE
A sign advertising the sale, lease, rental or development of any particular premises wherein such sign is located on the premises or directing attention to the opening and location of a new subdivision or land development project where such sign is not necessarily located on the premises to which it draws attention.
SIGN, TEMPORARY
A sign which may be displayed for a limited period of time, as hereinafter provided.
SIGN, WALL
A sign which is affixed to or painted on an exterior wall of a building or structure.
SINGLE OWNERSHIP
Ownership of a single lot by one person or by two or more persons owning such lot in any form of ownership. See also "common ownership."
SINGLE-FAMILY RESIDENCE
A building consisting of only one dwelling unit within said building.
SIS
See "RSIS."
SITE
The lot in question.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The locations of all existing and proposed buildings, means of ingress and egress, drives, parking spaces, walkways, landscaping, signs, lighting and screening devices and drainage facilities and utilities.
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of Part 2 requiring review and approval of site plans.
SKETCH PLAT
A concept, informal map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
SOIL CONSERVATION DISTRICT
A governmental subdivision of the State of New Jersey, organized in accordance with the provisions of N.J.S.A. 4:24-18 et seq., for the purpose of governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The Borough is located within the Somerset-Union Soil Conservation District.
STORY
That portion of a building or structure included between the surface of any one floor, exclusive of any basement, and the surface of the floor next above it, or if there is no floor above it, then that portion of the building or structure included between the surface of any floor and the ceiling next above it. In a "split level" building or structure, a story shall be considered a second story only if its floor level is six feet or more above the floor of the level next below it. A basement only shall be considered as a story when the finished surface of the floor above the basement is more than six feet above grade plane, more than six feet above the finished ground level for more than 50% of the total building perimeter, or more than 12 feet above the finished ground level at any point.
STORY, ATTIC
An attic having within its space possible floor area with headroom of five feet or greater over 60% or more of the story directly beneath or when the line of intersection of the roof decking and wall face is more than three feet above the top floor level. An attic story should count as a full story.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such partial story; provided, however, that no such partial story may be used as a separate dwelling unit.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or Borough roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action as provided by this chapter, or a street or way on a map or 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. "Street" also includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of Part 2 of this chapter, the Planning Board, with the advice of the Borough Engineer, shall classify the streets as follows:
A. 
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
B. 
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
C. 
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
D. 
DEAD-END STREETSThose used primarily for access to abutting properties, having a length not to exceed 1,000 feet, with only one outlet and a turnaround at the closed end.
E. 
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
F. 
MARGINAL ACCESS STREETSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
STREET LINE
The outermost line of the whole area devoted to street purposes on either side thereof and synonymous with street right-of-way line. Front lot lines and side street lines are street lines.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. For the purposes of interpreting Part 3, "structure" shall not include sidewalks, driveways, street pavements, curbs and essential services as hereinbefore defined. "Structure" includes the word "building."[8]
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or development, except that the following divisions shall not be considered subdivisions, provided that no new streets or roads are involved:
A. 
Divisions of land for agricultural purposes where the resulting parcels are five acres or larger in size.
B. 
Division of property by testamentary or intestate provisions.
C. 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
D. 
Consolidation of existing lots by deed or other recorded instrument.
SUBDIVISION AND SITE PLAN COMMITTEE
A. 
A committee of at least three Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing subdivisions and site plans and performing such other duties relating to land subdivision and site plans as may be conferred on this Committee by the Board.
B. 
This Committee shall be appointed by the Chairperson as needed to review major or complex projects.
SWIMMING POOL
A structure located either above ground or below ground and inside or outside of a building having a water depth at any point greater than three feet and a water surface area when full greater than 100 square feet and designed and intended for recreational use for swimming and/or diving. A minimum of 500 square feet and a maximum of 750 square feet of any pool or 10% of total lot area, whichever is less, shall not count towards impervious lot cover.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like and includes the structure and any support thereto.
TOWNHOUSE
More than two dwelling units each on separate lots arranged with a common side line and side wall of the dwelling units within the building.
TRACT
Lot or lots which are the subject of a development application, including contiguous portions of the street right-of-way.
TRAILER (INCLUDING AUTOMOTIVE TRAILER and MOBILE HOME)
Any vehicle or structure which at any time was mounted on wheels, propelled or drawn by its own or other motive power, and designed and constructed to provide living and/or sleeping quarters for one or more persons or for the conduct of a business, profession, trade or occupation or for use as a selling or advertising device.
TRAILER COACH PARK; MOBILE OR MANUFACTURED HOME PARK
Any lot, parcel or tract of land used to accommodate two or more individual trailers for living purposes, including all accessory buildings, tents and other appurtenances, and regardless of whether or not a charge is made for such accommodations.
TREE
Any deciduous or coniferous species which reaches a typical mature height of 10 feet or more and a typical diameter at point of measurement (DPM) of six inches or greater. Any species not qualifying as a tree under this definition shall be considered a stem and shall not fall within the purview of this chapter.
TRUCK TRAILER
A vehicle properly registered and licensed by any state as a motor vehicle, provided that the parking, loading or unloading of said vehicle complies with all provisions of New Jersey law and this chapter, and is not considered a mobile storage structure.
TWO-FAMILY RESIDENTIAL USE
A use characterized by and limited to two dwelling units in a building on a single lot.
USDOT
United States Department of Transportation.[9]
USE, PRINCIPAL
The main or primary purpose for which a building or lot is used or occupied. Except as specifically permitted, no lot shall contain more than one principal use.
USED
Includes "arranged, designed, constructed, rented, leased, or intended to be used."
VARIANCE
Permission to depart from the literal requirements of Part 3, Zoning, pursuant to the provisions of the Municipal Land Use Law,[10] and permission granted by formal action of the Board after a hearing to depart from said standards. There are two types of variances, "C" variances and "D" variances, as defined herein.
VENDING MACHINE
Any apparatus designed to directly sell goods and which receives coins, tokens, electromagnetic purchasing cards or other commodity in return for such goods, or accepts credit for such goods.
WADING POOL
An aboveground or in-ground structure containing less than three feet of water and intended to be used for recreational purposes.
WAIVER, COMPLETENESS AND PROCEDURAL
Permission granted by formal action of the Board or its designee to which such power has been delegated to depart from the requirements of this chapter with respect to the submission of required documents for completeness purposes and relief from other procedural requirements. Design waivers are defined elsewhere herein.
WALL, FREESTANDING
An exterior, solid, upright structure which is self-supported on the ground directly below it on a foundation whose length is much greater than its thickness and intended to enclose, protect, divide, or screen a space.
WALL, RETAINING
An exterior, solid, upright self-supporting structure having a higher ground on one side than the other and designed and intended to create a vertical or near vertical change in grade.
WAREHOUSE
A building for the storage and redistribution of commercial or industrial products and materials, but shall not include truck terminals where products or materials are directly transferred between trucks. If direct sales to the public are made from such storage building, it shall be classified as a warehouse outlet.
WAREHOUSE OUTLET
A combination of a storage facility for commercial or industrial products and materials and sales to the public. This shall be considered a retail use, except that retail parking requirements shall be applied to the part of the building used by salespersons and for the handling of goods for the customers, and warehouse parking requirements shall be applied to the rest of the space in the building, if any, devoted to storage of goods not for direct public sale.
WETLANDS, FRESHWATER
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to, and under normal circumstances does, support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the NJDEP Freshwater Wetland Protection Act regulations, N.J.A.C. 7:7A.
WHOLESALE SALES
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
YARD
A space located between a lot line and the nearest principal building or structure on said lot. For purposes of compliance with this chapter, dimensions of yards shall be measured perpendicular to the lot line.
YARD, FRONT
An open, unoccupied space facing a street to which the front door, or the majority of front doors if more than one building, faces and is between the front line of the house as it is extended to the side lines and the street line. In addition, when the lot lines at an intersection are rounded, the front lot line shall be measured to the point of intersection of the extension of the front lot line and street side lot line.
YARD, REAR
A space extending across the full width of any lot between the rear of any principal building or structure on said lot and the rear lot line.
YARD, SIDE
A space located between the front yard and the rear yard on a lot, and between the side lot line(s) and the nearest principal building on said lot. On a corner lot, there shall be one side yard and one street side yard.
YARD, STREET SIDE
A space on a corner lot between the front yard and rear yard on the lot, and between the property line and the nearest principal building on said lot.
ZONE or ZONE DISTRICT
A geographical unit of the Borough specifically set aside for a particular use or group of uses or requiring specific lot dimensions or land area.
ZONING APPROVAL
Approval by the Zoning Officer pursuant to an application for development or use or utilization of property on the physical dimension of the development.
ZONING MAP
The Zoning District Map of the Borough, as set forth in this chapter, together with all amendments thereto subsequently adopted.
ZONING OFFICER
An officer and employee of the Borough, appointed by the Mayor with the consent of Council to administer this chapter.
ZONING PERMIT
A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration or conversion of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Part 3 or variance therefrom, duly authorized by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-60 or 40:55D-70.
ZONING REGULATIONS
The regulations contained in Part 3 of this chapter.
[1]
Editor's Note: The original definition of "building, accessory," which previously followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "accessory building or structure" within this section.
[2]
Editor's Note: The original definition of "construction permit," which previously followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "building permit" within this section.
The definition of "construction sign," which previously followed this definition, was revised to read "sign, construction" and relocated in alphabetical order within this section.
[3]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
[4]
Editor's Note: The original definition of "hotel," which was a duplicate term and which previously followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "hotel" within this section.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: The original definitions of "principal building or structure" and "principal use," which previously followed this definition, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definitions of "building, principal" and "use, principal," within this section.
[7]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
[8]
Editor's Note: The original definition of "structure, accessory," which previously followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "accessory building or structure" within this section.
[9]
Editor's Note: The original definition of "use, accessory," which previously followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "accessory use" within this section.
[10]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
120 Elements of a Block.tif
120 Hairpin Marking.tif
120 Ex Required Yards.tif
120 Setbacks After Bldg Construction.tif
120 Sign Types.tif