[Amended by Ord. No. 17-92; Ord. No. 45-92; Ord. No. 5-94; Ord. No. 31-97; Ord. No. 2-98]
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- Subordinate structure on the same lot with a principal building, occupied or devoted exclusively to an accessory use. When an accessory structure is attached to a principal building, it shall be considered part of the principal building.
- ACCESSORY USE
- A use naturally and normally incident and subordinate to the main use of the premises or lot.
- ADMINISTRATIVE OFFICER
- The Town Clerk, unless otherwise stated or intended by this chapter.
- ALTERATION OF BUILDING
- A change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or a part thereof, or removal of a building from one location to another, or a change in use.
- A developer submitting an application for development.
- APPLICATION, COMPLETE
- An application for development that is deemed complete at
a public meeting of the Town of Boonton Land Use Board.[Added 12-5-2011 by Ord. No. 19-2011]
- APPLICATION, DATE OF SUBMISSION
- The effective date of submission of an application for development
shall be the date the application is deemed complete by the Town of
Boonton Land Use Board.[Added 12-5-2011 by Ord. No. 19-2011]
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, residential cluster, conditional use or zoning variance.
- That part of the building that is immediately below and wholly
or partly within the roof framing.[Added 4-6-2009 by Ord. No. 5-2009; amended 12-7-2009 by Ord. No. 28-2009]
- 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").
- BOARDER OR ROOMER
- A person not a member of a family as defined in this chapter who pays for the privilege of lodging.
- 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.
- BUILDING COVERAGE
- The area of a lot, measured from the exterior surface of
the exterior walls of the ground floor, of all principal and accessory
buildings.[Added 4-6-2009 by Ord. No. 5-2009]
- BUILDING ENVELOPE
- The area of a lot, parcel, or tract defined by minimum yard
setbacks and maximum height regulations within which a structure or
building is permitted to be built.[Added 4-20-2009 by Ord. No. 4-2009; amended 12-5-2011 by Ord. No. 20-2011]
- 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").
- CHANGE IN USE
- The use of a building or land which is in any manner different from the previous use of the building or land by way of basic function, operation, extent, products sold or products manufactured, including a change from one permitted use to another kind of permitted use in the same zone district.
- CHILD CARE CENTER
- Any facility, by whatever name known, which is maintained for the care, development and supervision of six or more children under six years of age who attend the facility for less than 24 hours a day. This term shall include, but shall not be limited to, 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, child care centers that have already received approval from the Department of Human Services Licensing Act, and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. The term shall not include any facility excluded from the definition of "Child Care Centers," in the Manual of Standards for Child Care Centers, State of New Jersey, Department of Human Services.
- COMMON FACILITIES
- Includes, but not be limited to, facilities for the common use of two or more lots such as roads, sidewalks, swimming pool, playgrounds, tees, greens, fairways and parking areas and utilities.
- COMMON OPEN SPACE
- That open space shown on a recorded subdivision for the common use of two or more lots.
- COMMON OWNERSHIP
- Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly, as tenants by the entirety, or as tenants in common.
- CONCEPT PLAN
- A plan of a proposed development, submitted to the municipal agency, at the option of the developer, containing such information as may be required by this chapter, and intended to show the basic purpose and design of the proposed development prior to submission of a formal application.
- CONDITIONAL USE
- 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 Planning Board.
- Development other than residential cluster.
- CORNER LOT
- A lot at the junction of, and having frontage on, two or more intersecting streets.
- CRITICAL ENVIRONMENTAL CHARACTERISTICS
- An area with one or more of the following environmental features
such as:[Added 4-20-2009 by Ord. No. 4-2009; amended 12-5-2011 by Ord. No. 20-2011]
- A platform attached to a building, extending over and above the ground and supported by posts, columns or footings extending to the ground, by joists extending from the building or a combination of both.
- The permitted number of dwelling units per gross area of land to be developed.
- 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 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 pursuant to this chapter.
- DEVELOPMENT REGULATION
- A zoning, subdivision, site plan, official map ordinance 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.).
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream of 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. Chapter 1 of Title 58 and including lands intended as flood control basins.
- DWELLING, MULTIFAMILY
- A building containing three or more dwelling units.
- DWELLING OR DWELLING UNIT
- A building or part thereof used as the residence of a family as defined in this chapter.
- DWELLING, ONE-FAMILY
- A building containing one dwelling unit.
- DWELLING, TWO-FAMILY
- A building containing two dwelling units.
- A person or any number of persons living together in a dwelling, with or without cooking facilities as a single housekeeping unit, provided, however, that the presence of professional assistants to aid the handicapped shall not serve to exclude the group from consideration as a single housekeeping unit.
- A vertical structure erected as a barrier, enclosure or screening and extending or suspended between posts or other supports. The term "fence" shall include the term "wall."
- FINAL APPROVAL
- The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
- FINAL PLAT
- The map of a subdivision application for which final approval is sought pursuant to this chapter.
- FLOOR AREA
- The area of a floor computed by measuring the dimensions of the outside walls in a building or dwelling unit excluding attic and basement floors, porches, patios, terraces or breezeways and carports, verandahs, garages and mezzanines in retail stores, provided that the public does not have access to the mezzanine.
- FLOOR AREA RATIO
- The sum of the area of all floors of buildings or structures compared to the total area of the site.
- GARAGE, PRIVATE
- A detached accessory building or portion of the main building used for the storage of motor vehicles.
- GARAGE, PUBLIC
- Any building, premises or land in which or upon which a business, service or industry involving the maintenance, washing or servicing and storage in connection therewith of motor vehicles is conducted or rendered, but not including motor vehicle service station as defined herein.
- GOVERNING BODY
- The Mayor and Board of Aldermen of the Town of Boonton.
- HABITABLE ROOM
- A room or enclosed floor space arranged for living, sleeping and eating purposes.
- HEIGHT OF BUILDING
- The vertical distance measured from the average ground elevation of the finished grade at the front of the building to the level of the highest point of the roof surface if the roof is flat, or in the case of sloping roofs, to a point 1/2 the distance between the top of the uppermost plate and the highest point of the roof. Average ground elevation shall be the average of the highest and lowest elevations on the finished grade at the front of the building.
- HIGH-RISE CONDOMINIUM
- A residential dwelling in a multifamily building three stories
or higher.[Added 11-17-2007 by Ord. No. 17-2007]
- HISTORIC PRESERVATION DISTRICT
- One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
- HISTORIC SITE
- Any real property, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.
- IMPERVIOUS SURFACE
- A surface that has been compacted or covered with a layer
of material, building, structure, or that it is highly resistant to
infiltration by water.[Added 4-6-2009 by Ord. No. 5-2009]
- INSTITUTIONAL USES
- Nonprofit public or quasi-public uses such as churches, schools, hospitals, lodges, fraternal organizations and the like.
- INTERESTED PARTY
- In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any Court or in any administrative proceeding before a municipal agency, any person, whether residing within or without the town, 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 the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
- A parcel or portion of land exclusive of any adjoining street, separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.
- LOT AREA
- The total square unit contents included within lot lines.
- LOT COVERAGE
- That part of a lot that is covered by impervious surfaces.[Added 4-6-2009 by Ord. No. 5-2009]
- LOW-INCOME HOUSING
- Housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
- MAINTENANCE GUARANTY
- Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in § 300-41R and cash.
- MAJOR SUBDIVISION
- All subdivisions not classified as minor subdivisions or in the discretion of the municipal agency, any land wherein a minor subdivision has been granted within the next two preceding years.
- MASTER PLAN
- A composite of one or more written or graphic proposals for the development of the municipality (as set forth in and adopted pursuant to P.L. 1975, C. 291, N.J.S.A. 40:55D-1 et seq.).
- MAXIMUM DEPTH MEASUREMENT
- The distance, as specified in this chapter, measured from and parallel to a street right-of-way, within which the required minimum lot size must be measured.
- MINOR SITE PLAN
- A conventional site plan of a single lot limited to the following types of developments:
- (1) A change in use involving no building construction other than interior modification or interior structural alteration, and no additional off-street parking.
- (2) Minor structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.
- (3) Building additions and accessory structures not exceeding 100 square feet in ground coverage, and not involving any additional off-street parking or any land disturbance beyond the immediate area around the structure.
- MINOR SUBDIVISION
- Any subdivision containing not more than two lots fronting on an existing accepted street or on a private street approved by the Planning Board or otherwise approved by the Board of Aldermen for purposes of issuing building permits not involving a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
- MODERATE-INCOME HOUSING
- Housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
- MOTOR VEHICLE SERVICE STATION
- A building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work or painting.
- MUNICIPAL AGENCY
- The Planning Board, the Board of Adjustment or the Mayor and Board of Aldermen of the Town of Boonton.
- NONCONFORMING BUILDING
- A building which, in its design or location upon a lot, does not conform to the specifications of this chapter for the zone in which it is located.
- NONCONFORMING LOT
- A lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
- NONPROFIT HOUSING FOR THE ELDERLY
- A building or buildings containing one or more dwelling units restricted by deed or other instrument to occupancy by persons who satisfy the requirements found under Section 202 of the Federal Housing Act of 1959, as amended, and the regulations adopted pursuant thereto.
- OFFICIAL MAP
- A map adopted by ordinance of the governing body pursuant to N.J.S.A. 40:55-32 through 40:55-36 showing the location and width of streets and drainage rights-of-way, and the location and extent of public parks and playgrounds, whether existing or proposed.
- OFF-TRACT IMPROVEMENTS
- An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way and includes any of the following:
- (1) All improvements of the types required for on-tract installation, where the need for the providing of such improvements off-tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application.
- (2) Any improvement or facility, the installation of which is required in the public interest and the public need for which would arise but for the improvement of the lands which are the subject of the applicant's application and the installation of which would confer a benefit upon the applicant's lands which are the subject of the application. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
- (3) Installation of new improvements and extensions and modifications of existing improvements.
- ON-TRACT IMPROVEMENT
- Any improvement, the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of an application for development or on a contiguous 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 of enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
- PARKING AREA
- An open area, other than a street or other public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.
- PARKING SPACE
- An accommodation for the off-street parking of a motor vehicle having an area, exclusive of access drives and aisles, as specified in § 300-60J of this chapter and having adequate provisions for ingress and egress.
- A flat or terraced surface located on the ground, constructed of brick, stone, concrete or other similar materials and intended as an outdoor seating area.
- PERFORMANCE GUARANTY
- Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in § 300-41R and cash.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- A map or maps of a subdivision.
- A freestanding horizontal surface located on or above the ground and supported by joists, posts, columns or footings extending to the ground.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to § 300-38C of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board.
- PRELIMINARY FLOOR PLANS AND ELEVATIONS
- Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
- PRELIMINARY PLAT OR SITE PLAN
- The preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Town Clerk for Planning Board consideration and preliminary approval.
- PRINCIPAL USE
- The primary or predominant use of the premises.
- PUBLIC OPEN SPACE
- An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
- PUBLIC USE
- Any municipal, county, state, federal or other governmental use.
- PUBLIC UTILITY
- Any public utility regulated by N.J.S.A. 48:2-13.
- The majority of the full authorized membership of a municipal agency.
- RESIDENTIAL CLUSTER
- An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
- (1) 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
- (2) 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.
- SEXUALLY ORIENTED BUSINESS
- Either or both of the following:
- (1) A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following:
- (a) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area"; or
- (b) Still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time and where the images so displayed are characterized by depiction of a "specified sexual activity"; or
- (2) A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
- SHOP, RETAIL
- A building or part thereof in which or from which a service is rendered directly to the public.
- SINGLE OWNERSHIP
- Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.
- SITE PLAN
- A development plan of one or more lots on which is shown:
- (1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
- (2) The location of all existing and proposed buildings, streets, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
- (3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
- The elevation of ground level in its present natural state,
before construction.[Added 4-6-2009 by Ord. No. 6-2009; amended 12-5-2011 by Ord. No. 21-2011; 7-17-2017 by Ord. No. 12-2017]
- SLOPE, STEEP
- The degree or percent of grade elevation at or more than
15%.[Added 4-6-2009 by Ord. No. 6-2009; amended 12-5-2011 by Ord. No. 21-2011; 7-17-2017 by Ord. No. 12-2017]
- SPECIFIED ANATOMICAL AREA
- Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered.
- SPECIFIED SEXUAL ACTIVITY
- The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts, or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
- STORE, RETAIL
- A building or part thereof in which or from which merchandise is sold at retail directly to the public.
- That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it, including basements but excluding cellars as defined
herein.[Amended 12-7-2009 by Ord. No. 28-2009]
- STORY, HALF
- A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.[Added 12-7-2009 by Ord. No. 28-2009]
- Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
- (1) Which is an existing state, county or municipal roadway; or
- (2) Which is shown upon a plat heretofore approved pursuant to law; or
- (3) Which is approved by official action as provided by this act; or
- (4) Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
- Any combination of materials forming any construction the use of which requires location on the ground or attachment to something having location on the ground and including, among other things, display tanks, platforms, pools, flagpoles, standpipes, tanks and towers of any kind. The term "structure" shall include the term "building."
- Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself 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 term "subdivision" shall also include the term "resubdivision." The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (1) Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
- (2) Divisions of property by testamentary or intestate provisions.
- (3) Division of property upon Court order including but not limited to judgments of foreclosure.
- (4) Consolidation of existing lots by deed or other recorded instrument.
- (5) The conveyance of one or more adjoining lots, tracts, or parcels of land, owned by the same person and all of which are found and certified by the Town Clerk 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 of the town.
- SUBDIVISION AND SITE PLAN COMMITTEE
- A committee of at least three Planning Board members appointed by the Chairman of the Board of the purpose of classifying subdivisions in accordance with the provisions of this chapter, reviewing subdivisions and site plans and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
- The Town of Boonton.
- TOWNHOUSE DEVELOPMENT
- An integrated plan of townhouse dwelling structures and common properties and/or facilities.
- TOWNHOUSE DWELLING STRUCTURE
- A structure containing two or more townhouse dwelling units.
- TOWNHOUSE DWELLING UNIT
- One of a series of single-family dwelling units attached by a common wall between it and the adjacent unit or units together with individual front and rear entrances and yards designed as an integral part of each unit and having been constructed in conformity with an approved subdivision and site development plan.
- A typed or printed verbatim record of the proceedings or reproductions thereof.
- USABLE LOT AREA
- A contiguous area within the boundaries of a lot, tract or
parcel, within the building envelope, that is free of critical environmental
characteristics.[Added 4-20-2009 by Ord. No. 4-2009; amended 12-5-2011 by Ord. No. 20-2011]
- Permission to depart from the literal requirements of a zoning regulation.
- A vertical structure erected as a barrier, enclosure or screening or for the purpose of retaining earth and continuously attached to or supported by the ground.
- ZONING ENFORCEMENT OFFICIAL
- The individual who shall be charged by the Mayor and Board of Aldermen with the enforcement of the Zoning Ordinance and regulations of the Town of Boonton, and unless designated otherwise, shall be the Construction Official of the Town of Boonton.
Editor's Note: The former definition of “floor area, nonresidential,” added 4-6-2009 by Ord. No. 5-2009, which immediately followed this definition, was repealed 5-18-2009 by Ord. No. 12-2009.
Editor's Note: The former definition of “floor area, residential,” added 4-6-2009 by Ord. No. 5-2009, which immediately followed this definition, was repealed 5-18-2009 by Ord. No. 12-2009.
Terms not defined. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, C. 291 (N.J.S.A. 40:55D), if defined by that statute. In the event of conflict between the definition in this chapter and that contained in the statute, the definition in the statute shall apply.
Word usage. Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot." The word "building" includes the word "structure." The term "such as" where used herein shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures.