This chapter shall be known and shall be cited
as the "Land Use Administration and Procedures Ordinance of the Borough
of Rockaway."
It is the intent and purpose of this chapter and of Chapter 170, Land Use Design and Performance Standards; Chapter 171, Land Subdivision and Site Plan Review; and Chapter 172, Zoning, to:
A.Â
Encourage Borough action to guide the appropriate
use or development of all lands in the Borough and in this state,
in a manner which will promote the public health, safety, morals and
general welfare.
B.Â
Secure safety from fire, flood, panic and other natural
and manmade disasters.
C.Â
Provide adequate light, air and open space.
D.Â
Ensure that the development of the Borough does not
conflict with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
E.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment.
F.Â
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.Â
Provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey and Borough citizens.
H.Â
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight.
I.Â
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
J.Â
Promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
state and to prevent urban sprawl and degradation of the environment
through improper use of land.
K.Â
Encourage planned unit developments which incorporate
the best features of design and relate the type, design and layout
of residential, commercial, industrial and recreational development
to the particular site.
L.Â
Encourage senior citizen community housing construction
and to provide for a variety of housing types affordable to all income
groups in the context of the Borough's housing element.
M.Â
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.
N.Â
Promote utilization of renewable energy resources.
O.Â
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 the Borough's recycling programs as adopted
by ordinance and documented in the recycling plan element of the Master
Plan.
B.Â
Where the provisions of these chapters impose greater
restrictions or higher standards than those of any statute, other
ordinance or regulation, the provisions of these chapters shall govern.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions or higher standards than these chapters,
the provisions of such statute, ordinance or regulation shall govern.
For the purposes of Chapters 169, 170, 171 and 172, the terms and words listed in this chapter shall have the meanings herein given. Terms and words not defined herein but defined in the Municipal Land Use Law shall have, for the purposes herein, the meanings given them in the Municipal Land Use Law, its amendments or supplements. Terms and words not defined herein or in the Municipal Land Use Law but defined in other land use regulations shall have, for the purposes of these chapters, the meanings given them in the regulations, as the same now read or may be amended. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.
A subordinate building or structure located on the same lot
with a principal building and occupied or devoted exclusively to a
use accessory to the principal use on a lot. Where an accessory building
is attached to a principal building in a substantial manner by a wall,
roof, breezeway or the like, such accessory building shall be considered
part of the principal building. A detached private garage shall be
considered an accessory building.
A use of land or of a building or portion thereof naturally
and normally incident and subordinate to the principal use of a building,
structure or lot and located on the same lot with the principal use.
The Secretary of the Land Use Board shall be designated as
the Administrative Officer.
[Amended 12-13-2012 by Ord. No. 26-12]
A change in the supporting members of a structure, an addition,
diminution, change in use or conversion of a structure or a part thereof
or removal of a structure from one location to another. This definition
shall not be construed to mean that a change in use from one use permitted
in a zone to another use permitted in that same zone shall be an alteration.
Alteration shall not be construed to mean repairs or renovation of
an existing structure solely for the purpose of the maintenance and/or
the improvement of the appearance thereof.
Any coin-operated machine or device which may be operated
by the public generally for use as a game, entertainment or amusement,
whether or not registering a score. It shall include devices such
as marble machines, skill ball, pinball, mechanical grab machines,
mechanical bowling machines, devices which use an electronic display
to reproduce symbolic figures and lines intended to be representative
of real games or activities and all other games similar thereto under
whatever name they may be indicated, including also specifically any
mechanical devices commonly known as "juke boxes." Nothing herein
shall be construed to permit the use of any device in any manner prohibited
by law.
Any establishment providing veterinary services to animals,
including medical, surgical, and emergency treatment; in-patient treatment
of animals; prescription of medications, and associated nonmedical
uses. Limited merchandise and goods sales are permitted in connection
with primary veterinary services.
[Added 11-10-2022 by Ord.
No. 25-22]
One or more rooms with private bath and kitchen facilities
comprising an independent self-contained dwelling unit in a building
containing more than two dwellings units. See also definition of "dwelling,
multifamily."
A person submitting an application for development.
The application form and all accompanying documents and fees
required by the Land Use Chapters[1] for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction for the issuance of a permit pursuant
to this chapter.
The Land Use Board.
[Amended 12-13-2012 by Ord. No. 26-12]
Shops of special trade, including the individually crafted
artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven
articles, baked or prepared food and drink, and similar items by one
or more artisans. Retail sales on the premises of products made on
the premises are required. Such uses shall not exhibit any exterior
noise, smell, glare or dust from their operations.
[Added 11-10-2022 by Ord.
No. 25-22]
An establishment where merchandise, goods, or equipment are
sold to the highest bidder.
[Added 11-10-2022 by Ord.
No. 25-22]
Any institution wherein business of a primarily monetary
nature is transacted, such as banks, savings and loan associations,
and mortgage companies.
[Added 11-10-2022 by Ord.
No. 25-22]
An establishment whose primary activity is the sale of alcoholic
beverages to be consumed on the premises. Incidental uses may include
food service and takeout sales of alcohol.
[Added 11-10-2022 by Ord.
No. 25-22]
A portion of the building partly underground but having less
than 1/2 its clear height below the average grade of the adjoining
ground. See "cellar."
A person who is not related to the head of the household
and who pays for the privilege of residing within the same dwelling
unit.
A dwelling unit having one kitchen which also provides lodgings
or meals and lodgings for pay or compensation of any kind, computed
by day, week or month, to more than two persons occupying such dwelling
on a semipermanent basis who are unrelated to the head of household.
Synonymous with the terms "approving authority" and "municipal
agency," as herein defined.
An establishment licensed, under N.J.S.A. 33:1-10, to manufacture
alcoholic beverages and to sell and distribute the products to licensed
wholesalers and retailers. Such uses may manufacture, sell and serve
alcoholic beverages to consumers on a licensed premises for consumption
on-site, but only in connection with a tour of the brewery, or for
consumption off the premises. Breweries may include warehousing and
off-site distribution of alcoholic beverages consistent with state
law and applicable licensing from the Borough.
[Added 11-10-2022 by Ord.
No. 25-22]
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
The area occupied by all buildings on a lot measured on a
horizontal plane around the periphery of the foundations and including
the area under the roof of any structure supported by columns, but
not having walls, as measured around the outside of the outermost
extremities of the roof about the columns.
See definition of "height of building."
A line parallel to a street right-of-way at a point where
the building is closest to said right-of-way.
An establishment serving primarily nonalcoholic beverages
such as coffee or tea. The sale of pastries, baked goods, and food,
not requiring the use of an oven, grill, or stove, may be included
as an activity of a coffee shop or cafe.
[Added 11-10-2022 by Ord.
No. 25-22]
Any person or entity expressly authorized pursuant to a Class 5 cannabis retailer license issued by the State of New Jersey and a municipal license issued by the Borough of Rockaway in accordance with Chapter 111 to engage in the retail sale of legal forms of cannabis, including usable cannabis, cannabis items and other related lawful goods and products, to consumers from a retail store, purchases or otherwise obtains such forms of cannabis from cannabis cultivators and cannabis manufacturers or cannabis wholesalers and that shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 8-19-2021 by Ord.
No. 22-21]
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade
or adjoining ground. See "basement."
A certificate issued by the Construction Code Official upon
completion of construction, alteration or change in occupancy or use
of a building.
A change from the use permitted in one zone district to a
use permitted in another land of permitted use in the same zone district;
any removal of a building, or any part thereof, from a use permitted
in one zone district or the conversion of any building or any part
thereof from a use permitted in one zone district to a use permitted
in another zone district or the conversion of any building or any
part thereof from a permitted use to another land of permitted use
in the same zone.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship or religious education.
For the purposes of this chapter, the word "church" shall include
chapels, congregations, cathedrals, temples and similar designations
and shall encompass parish houses, convents and such accessory uses
as are customarily incidental to the principal use.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not adjunct
to or operated by or in conjunction with a public tavern, cafe or
other place of business.
An establishment where entertainment or recreation services
are provided to the general public and for which user fees are charged.
Uses include, but are not limited to, roller- and ice-skating rinks,
climbing gyms, gymnastics centers, sports fields, bowling alleys,
and arcades.
[Added 11-10-2022 by Ord.
No. 25-22]
Commercially licensed vehicles of any kind, except passenger
cars and station wagons which do not have commercial advertising,
lettering, signs or names and addresses on the exposed portions thereof.
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Land Use Board.
[Amended 12-13-2012 by Ord. No. 26-12]
A community association which administers and maintains the
common property and common elements of a condominium development created
under New Jersey Statutes.
A development other than a planned development.
A lot at the junction of and having frontage on two or more
intersecting streets.
A slope with a grade of 15% or greater.
A right-of-way dedicated to public use to facilitate pedestrian
access through a subdivision.
A short dead-end street terminating in a vehicular turnaround
area.
Any horizontal accessory structure, not covered by any type
of roof, serving as a floor that covers, partially or fully, any portion
of the lot area.
[Added 11-10-2022 by Ord.
No. 25-22]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in use of
any building or other structure, or land or extension of use of land,
for which permission may be required pursuant to the Land Use Chapters.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed, pursuant
to N.J.S.A. 40:55D-1 et seq.
The same as "zone."
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1A-1 et seq.
[Amended 5-14-2009 by Ord. No. 04-09]
Any watercourse, trench, ditch, depression or other hollow
space in the ground, natural or artificial, which collects or disperses
surface water from the land.
A building designed for and containing three or more dwelling
units and consisting in its entirety of one of the following dwelling
unit types:
GARDEN APARTMENTA building unit occupying a space on only one floor and separated from other units on the same floor by use of common party walls, with each dwelling unit having direct access from outdoors or from a common hallway or common stairwell.
TOWNHOUSEA dwelling unit located beside and separated from other such dwelling units by use of common party walls, extending from the foundation to the roof and from the front to the rear exterior walls, with each dwelling unit having livable floor area on, but not limited to, the first floor. Each townhouse dwelling unit shall have direct access to the outdoors.
A detached building designed for and containing one dwelling
unit only.
A building containing three dwelling units.
[Added 11-10-2022 by Ord.
No. 25-22]
A building containing two dwelling units.
Living accommodations designed and used for occupancy by
one family only.
A restriction established on a lot to permit the use of land
by the public, a corporation or particular person for specified uses.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit and bearing the characteristics of a relatively
permanent functioning family unit and using certain rooms and cooking
facilities in common. The term "family" shall not include residents
of a boardinghouse or lodging house serving more than two paying guests.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
The official action of the approving authority taken on a
preliminary approval, major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
An area, whether enclosed by a building or not, in which
individual stalls are rented to vendors other than those who own the
premises for the purpose of individually exposing new or used good
for sale.
[Added 11-10-2022 by Ord.
No. 25-22]
The sum of the area of all floors of buildings or structures
on a lot divided by the total lot area.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed or usable for human occupancy or
the conduct of business. Such area shall be measured between the outside
face of exterior walls or from the center line of walls separating
two uses. In residential structures, such areas shall not include
garage space or accessory building space. In nonresidential structures,
the gross floor area shall exclude basements, attics and areas used
for utility and heating and cooling and other mechanical equipment.
A detached accessory building or portions of a main building
used only for the storage of a passenger vehicle or vehicles and not
more than one commercial vehicle of a rated capacity not exceeding 3/4
of a ton.
Any building, premises or land in which or upon which a business,
service or industry involving the storage, maintenance, washing or
servicing of motor vehicles is conducted or rendered.
A building or group of buildings situated on one lot and
containing individual dwelling units for no less than 12 families.
A use consisting principally of the sale of live plants.
Any security which may be accepted by the Borough, provided
that the Borough shall not require more than 10% of the total performance
guaranty in cash.
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of chimneys, antennas,
mechanical and HVAC equipment.
Any occupation customarily conducted within a dwelling and
carried on by the inhabitants thereof and not more than two nonresident
employees, which use is secondary to the use of the dwelling for residential
purposes, which does not change the character thereof and which does
not utilize more than 25% of the total floor area of the entire dwelling
and which shall be located on the ground floor of said dwelling.
An incorporated nonprofit organization operating under adopted
bylaws and within a development under recorded land agreements through
which:
Each lot or development owner is a member.
Each occupied dwelling unit is subject to a
charge for a proportionate share of the expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the association by the Borough.
Each owner has the right to use the common property
of the association.
A building open to the general public that contains living
or sleeping rooms designed to be occupied by individuals or groups
for compensation and primarily serving transient customers. Such building
must include a lobby with direct pedestrian entrance from the street,
concierge services, and interior access to living/sleeping rooms from
common interior hallways. It may include a restaurant, meeting rooms,
or banquet halls within the same principal building. Lodging may not
be for more than 28 consecutive days and must be computed by the day.
[Added 11-10-2022 by Ord.
No. 25-22]
A land subdivision or development of or for the purpose of
two or more industrial or office buildings, such subdivision or development
having a unified plan for the use of the parcel to be developed or
subdivided.
A nonprofit, public, private, or quasi-public use such as
a church, school teaching academic subjects, hospital for humans,
library, club or lodge or a fraternal, civic, service or charitable
organization.
An establishment or place of business which is maintained,
operated, or used for storing, keeping, buying, or selling junk. This
definition includes scrap metal processors, auto wrecking yards, salvage
yards, scrap yards, auto recycling yards, used auto parts yards and
temporary storage of automobile bodies and parts awaiting disposal
as a normal part of a business operation when the business will continually
have like materials located on the premises. The definition includes
garbage dumps and sanitary landfills. The definition does not include
temporary operations and outdoor storage of limited duration.
[Added 11-10-2022 by Ord.
No. 25-22]
Any establishment wherein or whereon the business of boarding or selling animals or breeding animals for sale is carried on, except a pet shop. Pet day-care establishments are considered as kennels under this chapter. The definition of "kennel" shall not include a residential property where dogs or cats are bred or harbored on the premises, provided the number of dogs or cats of licensing age on such premises does not exceed the number provided in § 121-15; and provided the property owner or tenant occupying the residential property is not in violation of zoning, nuisance or animal control regulations.
[Added 11-10-2022 by Ord.
No. 25-22]
The storage, packaging, distribution, preparation, processing,
assembly, or repair of any article, substance or commodity and the
conduct of the industrial trade; it shall not mean manufacturing as
defined in this chapter, refining of raw materials or such preparation,
processing or repair as is customarily applied to articles, substances
or commodities in retail businesses or trade for on-the-premises transactions.
[Amended 11-10-2022 by Ord. No. 25-22]
A street which begins and ends on the same street and is
not otherwise connected with other streets or a cul-de-sac.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law and to be used, developed
or built upon as a unit.
An area of land which is determined by the limits of the
lot lines bounding that area and is always expressed in terms of square
feet or acres. Any portion of a lot included in an existing or proposed
street right-of-way shall not be included in calculating lot area.
In the event that more than one plot or lot as set forth on any map
filed in the office of the County Clerk, or lot as set forth on the
present or future assessment maps of the Borough, is used in part
or in full with one or more other such lots or plots for the erection
of a building and its accessories, including yards required by the
Land Use Chapters, the aggregate of all such plots or lots shall,
for the purpose of these chapters, be deemed to be one lot.
A lot at the junction of and having frontage on two or more
intersecting streets or a lot bounded on two or more sides by the
same street.
The mean distance from the street line of the lot to the
rear lot line, measured generally parallel to the side lines of the
lot. The greater frontage of a corner lot is its depth and its lesser
frontage is its width.
Any lot other than a corner lot.
Any boundary line of a lot, including a street line.
A lot which fronts upon two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot. A building on a through lot shall be oriented such that the front entrance faces the street upon which the majority of the buildings in the same block face. The same block is the area of land in which the through lot is located, bounded by streets, railroad right-of-ways, watercourses or other barriers to the continuity of development. In the event no clearly defined pattern of building orientation has been established on the same block, the primary entrance of the building may face either street, unless otherwise directed by the Land Use Board in connection with a land development application. In the case of a residential through lot only, the yard opposite the front yard of the lot shall be considered a rear yard when locating residential accessory structures such as private swimming pools and private garages as permitted by §172-51 of the Zoning Ordinance.
[Amended 9-14-2006 by Ord. No. 17-06; 10-22-2015 by Ord. No. 15-15]
The horizontal distance between the side lot lines measured
between the points at which the rear line of the required front yard
intersects the side lot lines.
Any security which may be accepted by the Borough for the
maintenance of any improvements required by these chapters.
Any site plan not defined as a minor site plan.
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
Any establishment or operation wherein massage, bodywork or somatic therapies are administered or are permitted to be administered when such therapies are administered for any form of consideration pursuant to Chapter 261, Health and Sanitation, Article XXI, Massage, Bodywork and Somatic Therapy Establishments.
[Added 3-25-2010 by Ord. No. 04-10]
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Land Use Board and which meets the criteria set forth
in N.J.S.A. 40:55D-1 et seq.
[Amended 12-13-2012 by Ord. No. 26-12]
A building or portion thereof providing diagnostic, therapeutic,
or preventive medical, osteopathic, chiropractic, dental, psychological
and similar or related treatment by a practitioner or group of practitioners
licensed to perform such services to ambulatory patients on an outpatient
basis only, and without facilities for inpatient care, major surgical
procedures, or emergency and urgent care. A medical office may also
contain associated in-house ancillary services such as in-house diagnostic
testing facilities, physical therapy, medical counseling services,
and similar services.
[Added 11-10-2022 by Ord.
No. 25-22]
A development plan of one lot which:
[Amended 2-26-2015 by Ord. No. 02-15]
Does not require a variance;
Does not involve planned development or any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42 or ordinance; and
Is limited to the following classes of development:
A change in use or a change in tenancy from one previously approved
to another involving no building construction other than interior
modification or interior structural alteration; and/or
Minor structural changes, such as entry enclosures, porticos
and other structural appurtenances, including roof appurtenances;
and/or
Interior modification of existing parking areas, such as change
of striping and traffic flow; and/or
The erection or replacement or relocation of a fence or retaining
wall in a nonresidential district; and/or
Outdoor installation, replacement or relocation, in a nonresidential
district of an emergency power generator or a refuse or solid waste
storage area and its screening; and/or
Installation, replacement or relocation of signage.
A building open to the general public that contains living
or sleeping rooms designed to be occupied by individuals or groups
for compensation and primarily serving transient customers. Motor
Inns commonly include living/sleeping rooms that may have access directly
from the outside without needing to pass through the main building
lobby or interior corridors. Lodging may not be for more than 28 consecutive
days and must be computed by the day.
[Added 11-10-2022 by Ord.
No. 25-22]
The use of any building, land area, or other premises for
the display and sale of new or used automobiles generally but may
include light trucks or vans, trailers, or recreational vehicles,
and including any vehicle preparation or repair work conducted as
an accessory use.
[Added 11-10-2022 by Ord.
No. 25-22]
The Land Use Board.
[Amended 12-13-2012 by Ord. No. 26-12]
The topographical pattern or system of drainage of surface
water runoff from a particular site, including the various drainageways
and watercourses which carry surface water only during periods of
rains, storms or floods.
A lot the area, dimension or location of 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 reason of such adoption, revision or amendment.
A structure the size, dimension or location of 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.
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.
Surface water entering a channel from no definable discharge
source.
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
or any prior act authorizing such adoption. Such a map shall be deemed
to be conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application or contiguous portion of a street right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use and enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
The total area of open space on a lot divided by the total
land area of the lot on which it is located.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to subdivide
the same under the provision of these chapters.
An open area other than a street, public way or access driveway,
including aisles used for the parking of motor vehicles and available
for use as a service or privilege to clients, customers, suppliers
or residents.
Off-street space for the parking of one motor vehicle. Such
a parking space shall be rectangular in shape and nine feet in width
by 20 feet in length and shall have an area of not less than 180 square
feet, exclusive of access drives or aisles. Such width shall be measured
perpendicular to the axis of the length and shall have adequate provision
for ingress and egress. Where a parking space fronts on a curb or
planting island, such parking space may be 18 feet in length, provided
that there is a two-foot clear area behind the curb or island. This
shall not prohibit angle parking spaces, provided that the described
rectangle can be completely enclosed within the parking space.
A level, hardscaped surfaced area, also referred to as a
"terrace."
[Added 11-10-2022 by Ord.
No. 25-22]
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Borough agency approves
a final plat, including performance bonds, escrow agreements, other
similar collateral or surety agreements or cash not to exceed 10%
of the total performance quantities.
A business providing nonmedical services to animals, such
as grooming, training, and day-care services. Limited merchandise
and goods sales are permitted in connection with primary pet care
services.
[Added 11-10-2022 by Ord.
No. 25-22]
A retail establishment open to the public and engaging in
the business of selling dogs or cats, or both, at retail. Any person
who sells, exchanges, or otherwise transfers only dogs, cats or other
animals that were bred and reared on the premises owned by the person
shall be considered a breeder and not a pet store.
[Added 11-10-2022 by Ord.
No. 25-22]
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
The map of a subdivision pursuant to Chapter 171, Land Subdivision and Site Plan Review.
The final map or maps for a portion or all of a subdivision previously shown on an approved preliminary plat, drawn and submitted in accordance with the requirements of Chapter 171.
The map or maps of a proposed minor subdivision, sufficiently accurate for subdivision approval in accordance with the requirements of Chapter 171.
A building within which is conducted the main or principal
use of the lot on which the building is situated.
The primary or predominant use of the premises.
Any artificially constructed basin or other structure for
the holding of water for use by the possessor, his or her family or
guests for swimming, diving and other aquatic sports and recreation.
The term "swimming pool" does not include any plastic, canvas or rubber
pool temporarily erected upon the ground holding less than 500 gallons
of water.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government, and generally
furnished with desks, tables, files and communication equipment, including
offices of general, business, executive, legal, accounting, architect,
planning, engineer, real estate, contractor and employment agencies,
but excluding medical offices. Prototyping, product testing and laboratory
work shall not be considered an office use.
[Added 11-10-2022 by Ord.
No. 25-22]
Any building, structure, lot or land in or upon which a business,
service or industry involving the fueling, storage, maintenance, washing
or servicing and storage in connection therewith of motor vehicles
is maintained, conducted, operated or rendered.
Any land used or intended to be used for park, recreation,
play area, land conservation or other public uses deemed necessary
for the conservation and promotion of the public health, safety, morals,
and general welfare in the Borough.
Buildings and structures maintained and operated to provide
water, electricity, sewage disposal, gas, telephone, cable television
and other utility services to the general public, whether owned by
any arm or creature of the local, state or federal government or by
a privately owned public utility corporation, but not including utility
pipes, mains and lines and appurtenant equipment intended for local
service and distribution.
The majority of the full authorized membership of the Borough
agency.
A form of professional office dedicated to activities related
to the management, sale, exchange, purchase, or leasing of property.
[Added 11-10-2022 by Ord.
No. 25-22]
An establishment where food and drink are prepared, served,
and primarily consumed on the property.
[Added 11-10-2022 by Ord.
No. 25-22]
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 street or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law.
"Resubdivision" shall not include conveyances
so as to combine existing lots by deed or other instruments.
A local commercial establishment which is engaged in selling
goods, products or merchandise directly to the general public for
personal or household consumption or use and which renders services
incidental to the sale of such goods or merchandise.
A local commercial establishment which provides services
or entertainment, as opposed to goods, products or merchandise, directly
to the general public for personal or household use.
A multifamily apartment exclusively for age-restricted units (see "age-restricted unit" in § 88-2, Affordable Housing) such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
[Added 7-9-2020 by Ord. No. 10-20; 4-8-2021 by Ord. No. 09-21]
A group of multiple commercial uses in one or more principal
structures developed on the same property that are integrated in site
design through elements such as common site access, circulation, and
parking areas, such as in strip malls, indoor shopping mall developments,
and regional shopping facilities. Shopping centers commonly contain
retail sale and retail service uses but may contain other commercial
uses.
[Added 11-10-2022 by Ord.
No. 25-22]
Any billboard, ground sign, road sign, illuminated sign,
temporary sign or sign printed on the exterior surface of a building
or structure or painted or printed on or permanently displayed in
any window of a building or structure, or on the ground or above ground,
including any announcement, decoration, display, illustration or insignia,
including streamers, pennants, flags or other similar devices used
to advertise or promote the interest of any person or product when
the same is placed out of doors in view of the general public.
Ownership by one person or ownership by two or more persons
jointly or as tenants by the entirety or as tenants in common of a
separate parcel of real property.
The total area of impervious surfaces on a lot expressed
as a percentage of the total lot area.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplain, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices.
Any other information that may be reasonably required in order to make an informed determination, pursuant to the provisions of Chapter 171 requiring review and approval of site plans.
See "major site plan."
See "minor site plan."
The examination of specific development plans for a lot.
Whenever the term "site plan approval" is used in these chapters,
it shall be understood to mean review and approval by the approving
authority designated herein.
A plan consistent with the purposes and policies of this
chapter which fully indicates necessary land treatment measures and
techniques, including a schedule for implementation and maintenance
of stormwater management facilities.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the appointment of a Land Use Board and the grant of such
Board of the power to review plats. It shall include 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 these chapters, Borough
streets shall be classified as follows:
[Amended 12-13-2012 by Ord. No. 26-12]
ARTERIAL STREETA street which carries primarily fast or heavy through traffic.
COLLECTORS, MAJORStreets which carry traffic that is intracounty or intramunicipal in nature. Such streets connect minor collectors with arterials and highways.
COLLECTORS, MINORStreets which provide service to and within subdivisions. Such streets connect the local streets with the major collectors or other minor collectors and may provide vehicular and pedestrian access to abutting properties.
LOCAL STREETSStreets which provide vehicular and pedestrian access to abutting properties. Such streets connect with minor collectors. Local streets constitute all streets not otherwise classified.
MARGINAL ACCESS STREETA street which is parallel and adjacent to an arterial street or state highway and which provides access to abutting properties and protection from through traffic.
ALLEYA minor traveled way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
The dividing line between the future street right-of-way
as shown on the Master Plan or Official Map and the lot.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
A workshop for the instruction in the arts, dancing, music,
languages, photography and similar activities, or for an artist, musician,
sculptor, photographer, or craftsperson.
[Added 11-10-2022 by Ord.
No. 25-22]
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under the provisions of Chapter 171 to effect a subdivision of land hereunder for himself or itself or for another.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Land Use Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
[Amended 12-13-2012 by Ord. No. 26-12]
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
A committee of at least three Land Use Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 171 and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
[Amended 12-13-2012 by Ord. No. 26-12]
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than two
new lots and one remaining lot, provided that such subdivision does
not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated;
and, provided further, that it does not adversely affect the development
of the remainder parcel of land or the development of any adjoining
property.
All water produced by rain, flood, drainage, springs and
seeps flowing over the land or contained within a natural or artificial
watercourse.
The dispersion or drainage of surface water by natural or
artificial means or any overland flow of water across the ground surface
to the nearest conduit.
Any container, storage unit, shed-like container or other portable structure, including PODs and other similar storage containers, without a fixed foundation that can be or is used for the storage of personal property of any kind and located outside an enclosed building other than an accessory building or structure complying with all building codes and land use requirements. Temporary storage unit shall not include a utility building pursuant to § 172-11 or outdoor storage pursuant to § 172-22. This term shall not include roll-off or storage containers with storage capacity of less than 150 cubic feet used for such purposes as yard waste and debris removal. This term shall also not include trailers as defined in this section.
[Added 8-24-2023 by Ord.
No. 23-14]
A use that is established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time
and does not involve the construction or alteration of any permanent
structure, with exception of erecting signage in association with
such temporary use. Temporary uses include but are not limited to
seasonal/holiday stores, political campaign offices, and special events.
[Added 11-10-2022 by Ord.
No. 25-22]
A structure used for dramatic, operatic, motion pictures,
or other performance, for admission to which entrance money is received.
Adult motion-picture theaters or establishments featuring burlesque
are prohibited.
[Added 11-10-2022 by Ord.
No. 25-22]
A form of professional office which assists customers with
arranging travel plans, including providing information, securing
tickets, and arranging reservations.
[Added 11-10-2022 by Ord.
No. 25-22]
Services provided to a use, including but not limited to
sewage treatment, water supply, gas, electric, telephone and CATV.
Permission to depart from the literal requirements of the zoning provisions as provided in Chapter 172, Zoning.
A river, stream, brook, waterway, lake, pond, marsh, swamp,
bog or other body of water, natural or artificial, public or private,
which is contained within, flows through or borders on the Borough
or any portion thereof.
An area of surface water runoff related to a point of concentration.
An open space extending between the closest point of any
building and a lot line or street line. In an apartment or townhouse
complex, yards shall also be the open space extending between structures.
All yard dimensions shall be measured horizontally and at right angles
to either a straight street line, lot line or building facade or perpendicular
to the point of tangent of curved lines and facades.
FRONT YARDAn open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the front street property line and a parallel line extending across the nearest point of the structure. For the purpose of determining the front yard, steps shall not be construed as part of the structure unless enclosed. For apartments and townhouses constructed on the interior of a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building.
REAR YARDAn open space unoccupied except by an accessory building or use as hereinafter specifically permitted extending across the full width of the lot between the rear property line of the lot and a parallel line extending across the nearest point of the structure other than an accessory building. For apartments and townhouses constructed on the interior of the lot, the rear yard shall measure the designated distance away from the rear of the building.
SIDE YARDAn open unoccupied space unless occupied by a use as hereinafter specifically permitted, on the same lot with the building and the side lot line extending from the front yard to the rear yard. The side yard for apartments and townhouses constructed on the interior of a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building. The minimum distance between structures in an apartment or townhouse complex shall be the sum of the two yards, and in no event shall two structures be closer to one another than the sum of both side yards.
