§ 184-8. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

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. Not withstanding the above, the following shall not be construed to be above-grade structures for the purposes of this chapter: fences, walls, flag poles, mail boxes, 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; private swimming pool; and private tennis court; private racquetball, private platform tennis, private paddleball, or private handball court.

ACCESSORY USE

A use naturally and normally incident 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 Secretary of the Board in the case of action required by the Board and the Zoning Official, and the Borough Clerk and/or the Construction Official in the case of action required by one or both of them.

AESTHETIC IMPROVEMENT CUT

The removal to the minimum extent possible of the smallest and poorest specimens of trees so as to permit land development while retaining the maximum number of larger and healthier specimens of trees.

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.

ALTERATION

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

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.

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. 

A transmission satellite dish no greater than one meter (39.37 inches) or less in diameter in a residential zone or two meters (78.74 inches) in diameter in a nonresidential zone.

C. 

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 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.

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 or site plan pursuant to Article IX, conditional use pursuant to Article XIX, zoning variance pursuant to Article VIII, or direction of the issuance of a permit pursuant to Article VII.

AREA

The measurement of a plan surface expressed in acres or square feet.

ASSISTED LIVING FACILITY

A multifamily residence designed to provide a supportive living environment for the semi-independent to frail older adult and which typically offers, in addition to private or semiprivate rooms, the following services: meals, personal care, financial management, monitoring of medication or supervision of self-administration of medication, housekeeping, social and recreation activities, transportation and twenty-four-hour site supervision. Assisted living housing facilities are licensed and inspected by the DCA as a Class C Rooming and Boarding Home or are licensed and inspected by the DOH as an Assisted Living Residence.

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.

AVERAGE WOODED ACRE

The average wooded acre at a site shall be determined as follows:

A. 

A selective inventory, by size and species, of all trees having a DPM of six inches or greater shall be conducted using a minimum of one-tenth-acre plots, which shall be staked or visibly marked to allow for Borough inspection.

B. 

The location of the inventory plots shall be determined by the applicant, subject to Board approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application.

C. 

A representative 5% of the wooded acres proposed to be cleared shall be inventoried. Where two acres or less are proposed to be cleared, a minimum of one-tenth acre shall be inventoried.

AWNING

A roof like 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.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

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.

BASEMENT

An interior space, or a portion thereof, having a floor level below the average outside elevation of ground at the foundation wall of the building or structure with a floor to ceiling height of not less than 6.5 feet, including a crawl space which may have a floor level at or below the average elevation of the ground at the foundation wall with a ceiling height of less than 6.5 feet but which is uninhabitable.

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.

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.

BLINDNESS

Central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which 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.

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.

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 barber shops, 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.

CELLAR

A 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. For purposes of § 184-138, 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 USE

A change, including but not limited to conversions; a use permitted in one zone district to a use only permitted in another zone district. See also the definition for "modification of utilization" in this article.

CHILD-CARE CENTER

Any facility which is maintained for the care development and/or supervision of six or more children who attend the facility for less than 24 hours a day, and which is licensed as a child-care center by the Department of Human Services of the State of New Jersey ("DHS"). This term shall not include any of those facilities or uses which are not included within the definition of "child care center" contained in the "Child Care Center Licensing Act."

CLASSIFICATION

Assignment to a category within a system of categories.

CLEAR CUTTING

The removal of all standing trees on a lot or portion of a lot.

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 OWNERSHIP

Common ownership is ownership of two or more contiguous lots of real property by one person or by two or more persons owning such lots in any form of joint ownership.

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 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.

COMPONENT PART

Any part normally attached to the interior or exterior of a vehicle for its operation, comfort or appearance.

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 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 therefore by the 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.

CONSTRUCTION PERMIT

A permit which is granted by the Construction Official for the erection, alteration, extension or demolition of a building or structure.

CONTIGUOUS

Synonymous with abutting.

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.

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.

[Amended 3-14-2006 by Ord. No. 06-04R]

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 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

A street closed on one end and having an enlarged turn around area at the closed end.

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).

DAYS

Calendar days.

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.

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 of any excavation or land fill, and any use or change in the use or modification in the utilization of any building or structure, or land extension of use of land for which permission may be required pursuant to this chapter.

DEVELOPMENT FEES

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted under COAH's rules.

DHS

The New Jersey Department of Health 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., 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.

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.

DPM

The diameter at point of measurement or the diameter of a tree measured at a point on the tree six inches from ground level on the downhill side.

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 their 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 landing 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

Same as an attached dwelling unit but limited to two units.

D VARIANCE

Permission to depart from the literal requirements of the zoning regulations as set forth in N.J.S.A. 40:55D-70 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 or principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

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.

[Amended 5-13-2003 by Ord. No. 03-07R]

EASEMENT

The right of one party to enter upon or use the land of another party.

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.

EXCEPTION

Permission granted by formal action of the Board to depart from the design standards in Article XI.

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

The private residence of a family day care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act.

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 preliminarily 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 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 a subdivision which is submitted for final Board approval in accordance with this chapter and which, if approved, shall be filed with the County Clerk complying with the Map Filing Law.

FINAL SITE PLAN

The site plan containing all changes required by preliminary site plan approval.

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 instructions, theater schools and voice instruction.

[Added 12-19-2007 by Ord. No. 07-26R]

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 Federal Emergency Management Administration.

FLOOR AREA, GROSS (GFA)

The floor area of all floors of a building or structure having floors and measured from the exterior surface of the exterior walls of the building or structure.

FLOOR AREA, HABITABLE

The area of that portion of a building or structure designed, intended, heated, and furnished for year around 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.

[Amended 3-14-2006 by Ord. No. 06-04R]

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.

FRONT YARD

See "Yard, Front."

GARAGE, PRIVATE

A detached accessory building, or a portion of a principal building, used primarily for the storage of motor vehicles owned or used by the occupants of the principal building.

GARAGE, PUBLIC

A public garage is 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.

GARDEN APARTMENT

A building or group of buildings situated on one lot and containing separate dwelling units for no less 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 building, structure, lot or land on or upon which a business, service or industry offers the sale of motor fuel to the public, and does not provide any other services or sell, rent or lease any other products other than customary and incidental maintenance services or products provided while the vehicle is being refueled, including, but not limited to, the checking and adjustment of vehicle fluid levels and tire pressures, the cleaning of windows, etc. and the sale of vehicle fluids.

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.

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 PLANE

The grade of ground area representing the average of finished ground level (after grading and seeding) adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the ground level shall be established by the lowest points within the area between the building and the lot line. When the lot line is more than six feet from the building, then ground level shall be established by the lowest points between the building and a point six feet from the building, excluding any retaining walls or slopes greater than three to one might provide in creating a ground level that would result in a structure being constructed higher than allowed by the existing ground surface as interpreted by the Borough Engineer.

GROSS FLOOR AREA

See "Floor Area, Gross."

HABITABLE FLOOR AREA

See "Floor Area, Habitable."

HEIGHT OF BUILDING OR STRUCTURE

Unless specifically indicated otherwise in the text, the vertical distance measured from the mean elevation of the grade plane from the original lot grade or any revised lot grade shown on a site plan, subdivision plan or plot plan approved by the appropriate Borough agency along the front of the building or structure to the highest point of the building or structure, i.e., highest point of the roof for flat roofs, to a point halfway between the eaves and ridge for gable and hip roofs, and to the deckline for mansard roofs. Such revised lot grade shall not include mounding, terracing or other devices designed to allow increased building height.

HEIGHT OF TELECOMMUNICATION TOWER OR OTHER STRUCTURE

As referred to in § 184-138, 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

Any use or occupation customarily conducted for profit and conducted entirely within a dwelling unit which meets the conditions imposed by Article XIV.

HOMESTEAD LOT

An existing lot upon which a single-family residence has been or is to be constructed.

HOTEL

A commercial establishment offering lodging to transients and often having restaurants, public rooms and shops for the general public. "Hotel" and "motel" are synonymous.

HOT TUB

A plumbing fixture which can be located both inside or 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 50 square feet.

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; 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 elderly.

HUD

United States Department of Housing and Urban Development.

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.

INGRESS AND EGRESS PLATFORM

An open above-grade structure, with or without a roof and having a platform less than 35 square feet in an area, attached to or accessible from a building or structure, located between an exterior door and a stairway to grade and designed to provide regular ingress and egress to the building or structure. Such ingress and egress platform shall not be considered a balcony, deck or patio.

INOPERABLE MOTOR VEHICLE

Any motor vehicle which in its then existing state cannot be moved under its own power, from place to place.

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.

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.

JUDGMENT OF REPOSE

A judgment issued by the Superior Court of New Jersey approving the Borough's plan to satisfy its fair share obligation.

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.

LIVING FLOOR

Habitable floor.

LOT

A designated parcel, tract or area of land, the dimensions and extent of which are determined:

A. 

By the latest official filed records or by the latest approved filed map of a subdivision of which the lot is a part; or

B. 

By a recorded survey map or by a metes and bounds description in a recorded deed, provided that the map or deed was recorded prior to December 15, 1954, and that the parcel has not been subdivided; and

C. 

By a measurement of a minimum of 5,000 square feet and a minimum lot width of 50 feet.

[Added 12-13-2001 by Ord. No. 01-22R]

LOT, AREA

The total square unit contents of any lot as measured within the lot lines.

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 degrees.

LOT, COVERAGE

See "building coverage" and/or "improvement coverage", as applicable.

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 10 feet 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, 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.

[Added 5-13-2003 by Ord. No. 03-07R]

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 conterminous with the end of a street (other than a cul-de-sac), such rear or side lot line shall not be deemed lot frontage.

[Amended 9-9-2008 by Ord. No. 08-14R]

LOT, INTERIOR

Any lot which is not a corner lot or through lot.

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.

[Amended 3-14-2006 by Ord. No. 06-04R]

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, THROUGH

A lot which has frontage upon streets at its front and rear and by other lots at its side.

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 is not a straight line, the lot width shall be measured parallel to the shortest line which is entirely within the lot and tangent to the front lot line, which shall be measured parallel from said at a distance equal to the minimum front yard setback.

LOW INCOME HOUSING

Housing affordable according to HUD 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 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

Any subdivision not classified as a minor subdivision.

MANUFACTURING

The production or assembly of articles or finished products from previously refined raw material by giving them new forms, qualities, or compositions.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28, as amended.

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 increase or decrease in floor area (either gross or habitable) of less than 500 square feet in floor area.

(3) 

Increase or decrease in floor area (either gross or habitable) of less than 500 square feet whichever is smaller.

(4) 

Addition of a permitted accessory building, structure or use no larger than 500 square feet in floor area

(5) 

Modification of utilization not involving any of the above.

(6) 

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; and

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.

MINOR SUBDIVISION

A subdivision of land that does not involve:

A. 

The creation of more than two lots;

B. 

Any new street;

C. 

Extension of any off-tract improvements, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, as amended.

MOBILE HOME

[Added 11-12-2002 by Ord. No. 02-20R]

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:

[Amended 4-11-2001 by Ord. No. 01-06R]

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 Code.

B. 

The loading or unloading of mobile storage structures on industrial, commercial or residential sites so long as said activity does not exceed a 48 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 Code.

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 Code and/or New Jersey law.

G. 

The use of no more than two mobile storage structures in the General Commercial and Light Industrial 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) are 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:

A. 

The number of occupants, patrons, visitors, or other persons using the land, buildings, or structures;

B. 

The need for public utility or transportation services;

C. 

The extent of traffic generation or parking requirements;

D. 

Other similar factors, that in the opinion of the Zoning Official, site plan review and approval of the Board is required; or

E. 

By way of example, but not limitation, a use involving any of the following shall be presumed to be a modification of utilization:

(1) 

An enlargement, reduction or relocation of the building, floor area or land area containing the use;

(2) 

A substantial change in the products or materials manufactured, stored, used or sold on the premises;

(3) 

A substantial change in the amount and/or nature of traffic, parking, shipping or deliveries associated with the use on the premises;

(4) 

A change in the number of dwelling units; and

(5) 

A substantial change in the hours, days or season during which the use is conducted.

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 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 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.

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.

NONRESIDENTIAL ZONE

Any of those zones set forth in Article XII of this chapter known as CC, GC, LI and CO Zone Districts.

OBLIGOR

A person who binds himself to another by contract or legal agreement.

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.

OFFICIAL MAP

A map adopted pursuant to N.J.S.A. 40:55D-32 et seq. as amended.

OFF-SITE OR OFFSITE

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 the closest half of the street or right-of-way abutting the property of which the lot is a part.

OFF-STREET

Not located within the street right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.

ON-SITE OR ONSITE

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 the closest half of an abutting street or right-of-way.

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.

ORIEL WINDOW

See "Bay Window."

OWNER

Any individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in the land sought to be processed for development under this chapter.

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 rectangular space measuring not less than the dimensions set forth in Article XVIII and used as a space for off-street motor vehicle parking, exclusive of access drives or aisles as required in Article XVIII.

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 by the Borough, 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.

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.

PLANNING BOARD OR BOARD

The Borough Planning Board established pursuant to N.J.S.A. 40:55D-23.

PLANT NURSERY

Same as a garden center except with the added feature that plants are grown on site.

PLAT

A map or maps of a subdivision or site plan.

PORCH

A porch is 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 PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Board for consideration and preliminary approval and meeting the requirements of this chapter.

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 and meeting the requirements of this chapter.

PREMISES

The particular lot or lots being considered including everything thereon.

PRINCIPAL BUILDING OR STRUCTURE

One devoted to the principal use.

PRINCIPAL USE

The primary or predominant use of any lot.

PROFESSIONAL OFFICE

The office of a member of recognized profession maintained for the conduct of that profession including but not limited to human medicine, law, dentistry, architecture, plans and surveyors, engineering, accountancy and such similar professions which require a comparable degree of formal education and experience.

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 set backs, 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 site 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.

REPLACEMENT PLAN

A specific plan for replacement of removed trees in accordance with the provisions of this chapter.

REPLACEMENT TREE

A nursery-grown certified tree properly balled and marked with a durable label indicating genus, species, variety, watering and fertilization requirements.

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.

RESIDENTIAL ZONES

Those zones set forth in Article XII and known as the R-75 and R-150 Zone Districts.

RESTAURANT

A use or premises at which food is served to the general public or to private groups for a consideration.

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.

RETAIL SALES

The sale of goods or merchandise to the general public for personal or household consumption and the rendering of services to the sale of such goods.

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.

ROOF PITCH

The slope of a roof usually expressed in inches or feet of vertical rise per inch or foot of horizontal distance.

ROW HOUSE

See "townhouse."

RSIS OR SIS

New Jersey Residential Site Improvements Standards.

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.

SELECTIVE CUTTING

The removal of larger trees on an individual basis while leaving trees of lesser size.

SENIOR CITIZEN

A person at least 55 years of age.

SENIOR CITIZEN HOUSING

Housing consisting of multiple dwelling units which are designated and intended for occupancy by persons 55 years of age or over or handicapped/disabled and of low or moderate income.

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.

SHED

An unheated building, whether on a permanent or temporary foundation, designed and intended for storage of items smaller in size than an automobile, and accessory to the permitted use on the premises, but not for storage of an automobile.

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 art work, 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.

SIGN, ANNOUNCEMENT

A sign identifying an occupant of premises and his/her/its activity.

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

Any nonmoveable sign not affixed to a building, but standing apart there from.

SIGN, ILLUMINATING

A sign having a source of light, lighted either internally or externally or by a combination of both as well as reflectorized, glowing and radiating signs.

SIGN, INTERNALLY ILLUMINATED

Any sign which is illuminated by a light source which transmits light through the sign face from behind the sign face, including, but not be limited to, awnings which are translucent or transparent and which meet the definition of signs and which are illuminated from the rear.

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, 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, 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.

SILVICULTURE

The management of any wooded tract of land to ensure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.

SINGLE-FAMILY RESIDENCE

A building consisting of only one dwelling unit within said building.

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."

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, flood areas, marshes and waterways.

B. 

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.

C. 

Any other information reasonably necessary and required in order to make an informed determination pursuant to this chapter.

SITE PLAN COMMITTEE

A Committee of at least three Board members appointed by the Chairman of the Board for purposes of reviewing site plans for a report back to the entire Board and such other duties relating to land development which may be conferred on this Committee by the Board and the Board's bylaws.

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.

SLASH

The forest debris remaining after a tree removal operation.

SMYS

Specified minimum yield strength.

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.

SPECIMEN TREE

Any tree with a DPM of 16 inches or greater.

STAIRS

A series of steps to pass from one level to another including platforms or landings.

STAIRWELL

A portion of a building or structure designed and used to contain stairs on a stairway connecting two or more levels.

STORAGE

The placement of materials in a location for preservation or later use or disposal at another location off-site.

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 are more than three feet above the top floor level. An attic story should count as a fill story.

[Added 5-8-2007 by Ord. No. 07-08R]

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is:

A. 

An existing state, Union County or Borough roadway; or

B. 

Shown upon a plat heretofore approved pursuant to law; or

C. 

Approved by official action as provided by this chapter; or

D. 

Shown on a plat duly filed and recorded in the office of the Union County Clerk ("County Clerk") prior to the creation of the Board and appointment of its members and the grant to such Board of the power to review plats. The term "street" includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalk, grass, parking areas and other areas within the street lines.

STREET SIDELINE

The outermost line of the whole area devoted to street purposes on either side thereof synonymous with street right-of-way line.

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.

SUBDIVISION

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 subdivision within the meaning of this chapter, if no new streets are to be created:

A. 

Divisions of land found by the Board or Subdivision Committee to be for agricultural purposes where all resulting parcels are five acres or larger in size;

B. 

Divisions 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;

E. 

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 Zoning Official to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the tax map of the Borough.

SUBDIVISION COMMITTEE

A committee of at least three Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, reviewing subdivisions and such other duties relating to land subdivision which may be conferred by the Board and the Board's bylaws.

SUBSTANTIVE CERTIFICATION

A determination by COAH approving the Borough's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth therein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

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.

THINNING

The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on a lot.

TOPPINGS

The uppermost 20% of the height of a tree constituting its crown.

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.

TREE

Any deciduous or coniferous species which reaches a typical mature height of 10 feet or more and a typical 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 TRAILERS

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 Code; and is not considered a mobile storage structure.

[Added 4-11-2001 by Ord. No. 01-06R]

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.

VARIANCE

Permission to depart from the literal requirements of this chapter pursuant to the provisions of the Municipal Land Use Law and permission granted by formal action of the Board after a hearing to depart. 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

Permission granted informally by the Zoning Official in some cases or by formal action of the Board or a committee of the Board to which such power has been delegated to depart from the requirements of this chapter with respect to the submission of required documents.

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 used primarily for the storage of goods and materials.

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.

WOODED ACRES PERMITTED FOR DEVELOPMENT

Those wooded lands within a lot or tract which are not specifically excluded by any federal, state, county or municipal law, deed restriction or covenant running with the land. For purposes of this chapter, those lands specifically eliminated from consideration as wooded acres permitted for development include, but are not limited to, wetlands as defined by N.J.S.A. 13:9B-1 et seq.

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

A front yard is 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 sidelines 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.

[Amended 3-14-2006 by Ord. No. 06-04R]

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.

[Amended 12-13-2001 by Ord. No. 01-22R]

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.

[Amended 3-14-2006 by Ord. No. 06-04R]

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 Official pursuant to an application for development or use or utilization of property on the physical dimension of the development.

ZONING OFFICIAL

An officer and employee of the Borough, appointed by the Mayor with the consent of Council to administer this chapter.

ZONING REGULATIONS

The regulations contained in Articles XII through XIX of this chapter.

Editor's Note: Pursuant to § 184-92J, those provisions of this chapter containing standards which may be superseded by the RSIS are designated with the letters "SIS" at the end of the provision. The final determination of applicability shall be made by the Zoning Officer.

Editor's Note: Pursuant to § 184-92J, those provisions of this chapter containing standards which may be superseded by the RSIS are designated with the letters "SIS" at the end of the provision. The final determination of applicability shall be made by the Zoning Officer.

Amended 5-8-2007 by Ord. No. 07-08R