This title shall be known as "The Land Development Ordinance of the Borough of Califon, Hunterdon County, New Jersey."

(Ord. 1993-008 § 101)

The purpose of this title is to establish rules, regulations, standards and procedures for review of all developments in the borough in order to:

A.

Further the purposes set forth in the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975, N.J.S.A. 40:55D-1 et seq., as amended and supplemented;

B.

Preserve the existing natural resources and historical and aesthetic assets of the borough and give proper consideration to the physical constraints of the land;

C.

Provide for safe and efficient vehicular, bicycle and pedestrian circulation;

D.

Provide for appropriate screening, landscaping, signing and lighting;

E.

Provide for appropriate design standards to ensure adequate light and air, proper building arrangements, a desirable visual environment, and minimum adverse impacts on surrounding properties and the environment;

F.

Ensure the provision of adequate water supply and water quality, drainage and stormwater management, sanitary facilities and other utilities and services;

G.

Provide for appropriate recreation, open space and public use areas;

H.

Promote the public health, safety, morals, convenience and general welfare of the citizens of the borough;

I.

Establish a pattern for the use of land and buildings in the borough within zoning districts drawn according to the land use element of the master plan of the borough and regulate the uses of land and the uses and locations of buildings within these zoning districts.

(Ord. 1993-008 § 102)

The provisions of this title shall be administered by the borough planning board and, where applicable, by the borough planning board acting as the zoning board of adjustment, in accordance with the Municipal Land Use Law, Chapter 291, P.L., 1975, N.J.S.A. 40:55D-1 et seq., as amended and supplemented, and the provisions of Chapter 16.20 of this title.

(Ord. 1993-008 § 103)

For the purposes of the interpretation and construction of this title, certain terms and words are herein defined and shall be used as defined, unless the context otherwise requires. Words used in the present tense shall include the future; words used in the singular shall include the plural; the word "used" shall include the words "arranged," "designed," "occupied," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the word "lot" shall include the words "plot" or "parcel"; the word "shall" is mandatory and not discretionary; and the word "abut" shall include the words "directly across from," "adjacent to" and "next to." Any word or term not defined herein shall be used with a meaning of standard usage.

"Accessory apartment" means a portion of either an existing owner-occupied single-family dwelling in the R-l, R-2 and R-3 zones or a commercial building or owner-occupied single-family dwelling in the GB zone that has been converted to an additional dwelling unit as part of the Borough's affordable housing program in accordance with the provisions of Section 16.16.010.A.8. or Section 16.16.020.A.7. or Section 16.16.050.A.11. of the Land Development Ordinance, as applicable, and upon which a deed restriction limiting the unit for occupancy by and affordability to a qualified low income household for a period of at least ten (10) years. This term may also encompass preexisting, illegally created apartments that are legalized pursuant to Section 16.16.010.A.10. or Section 16.16.020.A.9. or Section 16.16.050.A.11.

"Accessory building, structure or use" means a building, structure or use customarily associated with, and subordinate and incidental to the principal building, structure or use on the same lot therewith. An accessory building or structure attached to a principal building or structure shall be treated as part of and shall comply in all respects to the requirements for the principal building or structure.

"Administrative officer" means the planning board secretary and/or zoning officer.

"Agent" means one or more persons designated to represent the applicant before the board.

"Agriculture" means the use of land for the growing and harvesting of crops and the raising and breeding of animals, including: truck farms, livestock farms, dairy farms, poultry husbandry, fruit farms and nurseries; greenhouses, barns, silos, stables, storage buildings, buildings for the keeping of poultry and livestock, and garages for the keeping of equipment and trucks used in farm operations; and the packing but not processing of produce raised on the premises.

"Alterations" or "additions" means, as applied to a building or structure, any change or rearrangement in or enlargement of the supporting member(s), such as walls, columns, beams, girders, posts or piers, including an increase in height or removal from one location or position to another, or a change in the use of the space to a more intensive use, such as a change of storage space to office, retail or manufacturing use, or a change from residential to nonresidential use. As applied to a parking lot, the surfacing, curbing, resurfacing, redesigning, restriping or enlargement to accommodate additional parking spaces, a new traffic pattern, a new drainage pattern, a different means of ingress and egress or similar changes requiring review by the planning board.

"Apartment" means a room or suite of connected rooms on a single floor designed or used for occupancy as a single-dwelling unit by one family in a building having a total of two or more such dwelling units.

"Appeal" means a request for a review of an administrative interpretation of any provision of this title or a request for a variance.

"Applicant" means the legal or beneficial owner or owners of a lot or of any land proposed to be subdivided or developed, including the holder of an option or contract to purchase, or other person or persons having an enforceable proprietary interest in such land. The term "applicant" shall also mean "developer."

"Application for development" means the application form and all accompanying documents required by this title for approval of a site plan, subdivision, zoning variance, conditional use, planned development or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 35.

"Area of shallow flooding" means a designated AO, AH or VO zone on the flood insurance rate map (FIRM) for the borough of Califon with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Areas of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

"Auto repair facility" shall mean land and buildings providing for the maintenance and repair of motor vehicles, which maintenance and repair shall be limited to commercial vehicles having a gross vehicle weight rating (GVWR) of six (6) tons or less and other vehicles having a GVWR of twelve (12.0) tons or less. The term "repair" may include all types of mechanical repairs and tire services and the incidental washing and cleaning of repaired vehicles, but shall not include any auto body work or painting.

"Automobile dealership" means any business establishment whose primary activity is the sale of new cars, trucks, farm machinery, construction equipment and/or recreational vehicles. The sale of used vehicles of any of the above types, the sale of parts, the undertaking of mechanical repairs and/or body work, and the painting and/or washing of vehicles are permitted accessory uses to the sale of new automobiles as a principal use.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means the area of the building having its floor subgrade (below ground level) on all sides.

"Billboard" means any structure or portions thereof on which lettered or pictorial matter is displayed or is intended to be displayed for advertising purposes other than that placed on a building or its grounds for the purposes of indicating the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein.

"Block" means the area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this title and as further specified herein.

"Boarder" or "roomer" means a person who is not related to the head of the household and who pays for the privilege of boarding or rooming.

"Borough engineer" means the engineer appointed by the planning board or borough council, as applicable, to advise on engineering matters.

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

"Buffer strip" means a strip of land providing a natural vegetative screen or a fence or other means so as to continually restrict a clear view beyond the "buffer strip."

"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

"Building coverage" means the square footage or other area measurement by which all buildings occupy a lot as measured at the grade line around the foundation, and including the area covered by a permanent canopy.

"Building height" means the vertical distance from the average original ground elevation around the foundation of the building to the level of the highest point of the roof surface, if the roof is flat, or in the case of a sloping roof, to a point one-half the distance between the top of the uppermost plate and the lowest point of the roof.

Building, Principal. "Principal building" means a structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which it is located.

"Certificate of occupancy" means a certificate issued by the construction official upon completion of the construction, alteration or change in occupancy of a building. The certificate of occupancy shall acknowledge compliance with all requirements of this title and such variances therefrom as may have been granted pursuant to N.J.S.A. 40:55D-70c or d.

"Change of use" means the change from one permitted use to another on a lot or within a building or structure. A change of use shall require site plan approval.

"Child care center" means any child care facility regulated and licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1 et seq.).

"Church" means any house of worship, regardless of religion, which may also include accessory parish halls and meeting rooms and a clergyman's residence on the same lot.

"Common open space" means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development, and containing such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

"Complete application" means an application form completed as specified in this title and the rules and regulations of the board and all accompanying documents required by this title for approval of an application.

"Conditional use" means a use permitted in a particular zoning district only upon a showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this title and upon the issuance of authorization therefor by the planning board.

"Construction official" means the official specified in the building code and designated as such by the governing body.

"Construction permit" means an authorization to build issued by the borough construction official after a determination that all applicable borough requirements have been met.

"Cul-de-sac" or "dead-end street" means a minor street or a portion of a minor street in which accessibility is limited to only one single means of ingress and egress.

"Days" means calendar days, including weekend days and holidays.

"Density" means the permitted number of dwelling units per gross acre of land to be developed.

"Developer" means 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" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any man-made change to improved or unimproved real estate, including mining, dredging, filling, grading, paving, excavation, drilling, or storage of equipment or materials; any use or change in the use of any building or other structure or land; or any extension of the use of land.

"Drainage" means the removal of surface water or groundwater from land by drains, grading or other means, including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

"Driftway" means any means of vehicular access to residential properties other than a public street, including, but not limited to, a private road, right-of-way, or lane.

"Dwelling" means a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.

Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or more dwelling units and occupied or intended for occupancy by three or more families living independently of one another, each with its own separate living, sleeping, cooking and sanitary facilities.

Dwelling, Single-Family. "Single-family dwelling" means a building containing one dwelling unit only and occupied or intended for occupancy by one family.

Dwelling, Two-Family. "Two-family dwelling" means a building containing two dwelling units and occupied or intended for occupancy by two families living independently of one another, each with its own separate living, sleeping, cooking, and sanitary facilities.

"Elevated building" means a nonbasement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. The term "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

"Excavation" means a portion of land surface or an area from which earth has been or shall be removed; the depth below the surface of the original ground level to the level of the excavated surface.

"Existing grade" means the vertical location of the ground surface prior to excavation or filling.

"Family" means one or more persons customarily living together as a single housekeeping unit.

"Family day care home" means any private residence approved by the division of youth and family services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services: (1) the child being cared for is legally related to the provider; or (2) the child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.

"Farm" means a lot of at least five acres used solely for agriculture.

"Farm stand" means a temporary building located on a farm for the purpose of displaying and selling the produce raised on that farm and/or other farm parcel(s) owned or cultivated by the farm stand operator and other related goods so long as the other related goods constitute less than fifty (50) percent of the produce displayed and/or sold at the farm stand.

"Farm structure" means any structure used for the storage of agricultural equipment or farm produce, or housing livestock or poultry. All farm structures shall be considered accessory structures, whether or not a principal structure exists on the same lot.

"Fill" means sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person.

"Final approval" means the official action of the 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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee.

"Finished grade" means the final elevation of the ground surface conforming to the approved design.

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters; and/or

2.

The unusual and rapid accumulation or runoff of surface waters from any source. "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

"Flood insurance study (FIS)" means the official report in which the Federal Insurance Administration has provided flood profiles, as well as the flood boundary/floodway map and the water surface elevation of the base flood.

"Floodplain management regulations" means the land development ordinance, building codes, health regulations, any special purpose ordinances (such as a floodplain ordinance, grading ordinance or soil erosion and sedimentation control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 feet.

"Floor area ratio" means the sum of the area of all floors of all buildings or structures having floors on a lot compared to the total area of the lot.

Garage, Private. "Private garage" means an accessory building or portion of a principal building used for the parking of vehicles owned or rented by the occupants or users of the principal use on the lot.

Garage, Public. "Public garage" means any garage other than a private garage which is open to the public and/or used commercially for the storage of motor vehicles.

"Garden apartment" means a multifamily dwelling or building containing a minimum of four and a maximum of twelve (12) apartment dwelling units.

"Gasoline service station" shall mean land and buildings devoted primarily to the retail sale of motor fuels, lubricants and automotive accessories, which use may also include the retail sale of snacks and convenience items.

"Grading" means any stripping, excavating, filling, stockpiling or any combination thereof of the land.

"Grassed waterway" means a natural or constructed path, usually broad and shallow and covered with erosion-resistant grasses, used to conduct surface water.

"Group home" means a community residence for the developmentally disabled or a shelter for victims of domestic violence, as defined at N.J.S.A. 40:55D-66.2, and housing more than six persons, excluding staff.

"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

"Height" means the vertical distance from the original ground elevation to the level of the highest point of the structure. See "Building height."

"Historic Preservation Commission" means and shall refer to the Planning Board acting as an historic preservation commission pursuant to N.J.S.A. 40:55D-25d.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on the state's inventory of historic places; or

4.

Individually listed on the borough's inventory of historic places.

"Home occupation" means an occupation conducted wholly or in part in a residence or on a residential lot.

"Homeowners' association" means an incorporated nonprofit organization operating in a development under recorded land agreements through which each lot owner is automatically a member, each dwelling unit is automatically subjected to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the borough, and each owner and tenant has an equal right to use the common property.

"Impervious surface coverage" means the percentage of a lot that is or will be covered by any building or structure, surface or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces or improvements. All required parking areas shall be included in the calculation of the impervious surface coverage, whether such required parking areas have been or will be constructed or are merely shown and reserved on a site plan. The term "impervious surface coverage" is synonymous with the term "lot coverage." Impervious surface coverage shall be calculated by measuring, in a horizontal plane, the outer limits of all impervious surfaces on a lot and comparing the total square footage thereof with the total lot area.

"Impervious surfaces" means any building or structure, surface or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces or improvements. All required parking areas shall be considered impervious surfaces, whether such required parking areas have been or will be constructed or are merely shown and reserved on a site plan.

"Improvement" means any utility, road, drainage facility or similar type of installation required as part of a subdivision or site plan or required by the planning board or other governmental authority as permitted by law, but not including any buildings or structures other than those constructed for the purpose of providing access, utility services, drainage and the like.

"Interested party" means:

1.

In a criminal or quasi-criminal proceeding, any citizen of the state of New Jersey; and

2.

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 borough, whose right to use, acquire, or enjoy property is or may be affected by any action taken under the provisions of this title, or whose rights to use, acquire or enjoy property under this title 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 this title.

"Junkyard" means any area of land, with or without buildings, regardless of size, devoted to the storage, keeping or abandonment or junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use and disposition thereof, including by way of illustration, but not of limitation: three or more inoperative, unlicensed vehicles, abandoned vehicles, tires, vehicle parts, paper, rags, rugs, metal, glass, plastics, household appliances or furnishings, wood, lumber, brush, stumps or other material.

"Kennel" means the maintaining, raising, feeding, or harboring of four or more dogs over the age of sixteen (16) weeks or a building or enclosure for same. Kennels are prohibited uses in all zone districts of the borough of Califon.

"Land" means any ground, soil or earth, including marshes, swamps, drainageways, and areas not permanently covered by water, and including the improvements and fixtures on, above or below the surface.

"Living area" means the total floor area of a building excluding basements, attics, garages and porches.

"Loading space" means an off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading and measuring at least twelve (12) feet by forty-five (45) feet horizontally with at least fifteen (15) feet of vertical clearance.

"Lot" means a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, to be used, developed or built upon as a unit.

"Lot area" means the area contained within the lot lines of a lot, excluding any street rights-of-way or portions thereof.

Lot, Corner. "Corner lot" means a lot at the junction of and fronting upon two or more intersecting streets or bounded on two or more sides by the same street, which streets or parts of the same street form an interior angle of less than one hundred thirty-five (135) degrees.

"Lot depth" means the horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.

"Lot frontage" means the distance between side lot lines measured along the street right-of-way line.

Lot, Interior. "Interior lot" means any lot that is not a corner lot.

"Lot line" means any line forming a portion of the exterior boundary of a lot; the same line as the street right-of-way line for that portion of a lot abutting a street.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

"Maintenance guarantee" means any security which may be accepted by the borough for the maintenance of any improvements required by this title, including, but not limited to, surety bonds, letters of credit as specified in Section 16.24.020(H) of this title, and cash.

"Major subdivision" means any subdivision not classified as a minor subdivision.

"Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park" or "manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Met (meteorological) tower" means a meteorological tower erected for the purposed of gathering gather atmospheric information, such as wind speeds and directions, that may be used to determine the appropriateness of a site for a wind tower.

"Minor historic review" means the review and submission of advisory recommendations by the historic preservation commission to the planning board/zoning board of adjustment for formal action on an application for exterior alteration or repair to a structure on a site included on the list of historic sites where such exterior alteration or repair does not also require a construction permit or other approval by the planning board/zoning board of adjustment.

"Minor site plan" means a development plan of one or more lots which proposes an expansion of twenty-five (25) percent or less of the existing floor area and/or impervious surface area and/or a change of use within the existing structure(s) and/or new construction up to and including five thousand (5,000) square feet of floor area but not involving any planned development, new street(s) or extension of any off-tract improvement(s) and containing the information required by this title for approval of a minor site plan. A plan for the construction of barns, sheds and silos erected for agricultural purposes shall be deemed a minor site plan.

"Minor subdivision" means any subdivision resulting in not more than one new lot, fronting upon an existing state, county or municipal road, not involving any new street, planned development, or the extension of any off-tract improvement, not involving the extension of any municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of this title.

"New construction" means, in the context of Section 16.24.020 of this title, structures for which the "start of construction" commenced on or after July 20, 1981, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means, in the context of Section 16.24.020 of this title, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes were or are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after July 20, 1981.

"Nonconforming building or structure" means a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this title, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

"Nonconforming lot" means a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this title, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of this title, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

"Off-site" means located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.

"Off-tract" means not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

"On-site" means located on the lot in question.

"On-tract" means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

"Open space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Such areas may be improved with only those buildings, structures, off-street parking areas and other improvements that are designed to be incidental to the natural openness of the land.

"Parking space" means a permanently surfaced area of not less than two hundred (200) square feet, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way. A parking space shall be a minimum of ten (10) feet in width measured perpendicular to the axis of the length with adequate provisions for ingress and egress, except that a handicapped parking space shall be not less than twelve (12) feet wide.

"Party immediately concerned" means for purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and governmental agencies entitled to notice under N.J.S.A. 40:55D-12.

"Performance guarantee" means any security which may be accepted by the borough, including, but not limited to, surety bonds, letters of credit as specified in Section 16.24.020(D) of this title, and cash, provided that not more than ten (10) percent of the total performance guarantee shall be required to be in cash.

"Permitted use" means any use which is allowed in a specified zoning district under this title.

"Planned commercial development (PCD)" means an area having the minimum contiguous acreage specified at Section 16.16.090(B)(1) of this title and developed or to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial and/or office uses and customary accessory uses as provided at Section 16.16.090(A).

"Plat" means the map of a subdivision or site plan.

Plat, Final. "Final plat" means the final map of all or a portion of a subdivision which is presented to the planning board for final approval in accordance with this title and which, if approved, shall be filed with the county clerk for recording in accordance with the law. A plat that receives final approval shall have been prepared by a New Jersey licensed professional engineer or land surveyor in accordance with all of the provisions of Chapter 141, Laws of 1960, R.S. 46:26.9.9 et seq.

Plat, Preliminary. "Preliminary plat" means a map of a major subdivision containing the information required in this title and submitted in accordance with the procedures set forth in this title for the purpose of securing preliminary approval.

"Preliminary approval" means the conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.

"Preliminary floor plans and elevations" means 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.

"Principal use" means the main purpose for which any lot and/or building or portion thereof is used.

"Professional office" means the office of a physician, surgeon, dentist, architect, clergyman, lawyer, engineer, real estate broker and insurance broker or other persons engaged in a similar profession. Where such office is a part of a residential structure, the restrictions outlined under home occupation shall apply.

"Public areas" means public parks, playgrounds, trails, paths and other recreation areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

"Public drainageway" means the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

"Public open space" means an open space area conveyed or otherwise dedicated to the borough, to a borough agency, to the board of education, or to a state or county agency or other public body for recreational or conservation use.

"Public view" means visible from a public thoroughfare, public lands or buildings, public pathways, trails, bicycle paths or waterways or from private property not owned by the applicant.

"Public water" means potable water supplied only by the Califon Water Company or its successors.

"Recreational vehicle" means a vehicle which is built on a single chassis; is four hundred (400) square feet or less when measured at the longest horizontal projections; is designed to be self-propelled or permanently towable by a light duty truck; and is designed not for use as a permanent dwelling but primarily as temporary living quarters for recreational, camping, travel, or seasonal use.

"Residential density" means the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

"Restaurant" means an eating establishment catering to indoor, seated customers, excluding any stand-up indoor eating places, drive-in or drive-through and other such eating places. A restaurant may also include, as an accessory use, facilities for the sale of alcoholic or other beverages for on-premises consumption.

Restaurant, Drive-In or Drive-Through. "Drive-in or drive-through restaurant" means a restaurant at which any food or refreshments are customarily served to or are consumed by patrons seated in automobiles, or out-of-doors, or off-premises, whether or not, in addition thereto, seats or other accommodations are also provided for patrons indoors and on-premises.

"Right-of-way" means the land and space required on the surface, subsurface and overhead by a public agency for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and the like.

"Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

"Shopping center" means one or more buildings or parts thereof to be occupied and used by more than one enterprise for the conduct of business as an integrated and comprehensively planned development.

"Sign" means any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person, group of persons or products, located on a building or its grounds giving the name and occupation of the user of the premises and/or the nature of the business(es) conducted therein and/or the product(s) primarily sold or manufactured therein. Any such lighted or unlighted device located within a building which is designed to be seen from outside of the building is a sign.

"Site plan" means 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, drives, 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 for the planning board to make an informed determination pursuant to this title as to the approval of the site plan.

"Small wind energy system" means a wind energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, that is used to generate electricity from wind energy by means of a rotor that converts wind energy into electrical power for the primary purpose of meeting all or a part of a dwelling's energy requirements and a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c.217 (C. 52:27D-119).

As used in these regulations, the primary application of a wind energy system is the conversion of wind by a machine with turbine apparatus (includes base, rotor blades, nacelle, tower, inverter, batteries or other component used in the system) capable of producing electricity by converting the kinetic energy of wind into electrical energy.

"Solar energy facility" means the equipment and/or structure(s) that produce energy from solar or photovoltaic technologies, whether such equipment and/or structure(s) are the principal use, a part of the principal use, or an accessory use of the land.

"Start of construction" means the date of issuance of a building permit for new construction or substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Street" means any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action, or 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.

Street, Arterial. "Arterial street" means a state or county road or highway carrying the major portion of through traffic in the borough.

Street, Collector. "Collector street" means a street which carries traffic from minor streets to secondary, primary and arterial roads; the principal entrance street(s) of a residential development.

Street, Internal or Service. "Internal or service street" means a minor way used primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street.

"Street line" means the edge of the existing or future street right-of-way, whichever is greater, as shown on the adopted master plan or official map, forming the dividing line between the street and a lot.

Street, Local. "Local street" means a "minor street."

Street, Marginal Access. "Marginal access street" means a street which is parallel to and adjacent to an arterial or primary street, and which provides access to abutting properties and protection from through traffic and does not impede traffic flow on the major street.

Street, Minor. "Minor street" means a street which is used primarily for access to the abutting properties and not for through traffic; the term "minor street" includes a cul-de-sac; the term "minor street" is synonymous with the term "local street."

Street, Primary. "Primary street" means a state or county road carrying through traffic and traffic from one part of the borough to another.

Street, Secondary. "Secondary street" means a county or local road designed to move traffic originating in the borough to primary and arterial streets.

"Stripping" means any activity which removes or disturbs the vegetative surface cover, including clearing and grubbing operations.

"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of land, whether permanently affixed or not.

"Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this title 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.

Divisions of property upon court order, including, but not limited to, judgments of foreclosure;

4.

Consolidation of existing lots by deed or other recorded instrument; and

5.

The conveyance of one or more adjoining lots, tracts, or parcels of land, owned by the same person or persons, all of which are found and certified by the administrative officer to conform to the requirements of this title and are shown and designated as separate lots, tracts or parcels on the tax map of the borough.

The term "subdivision" shall also include the term "resubdivision."

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Swimming Pool, Portable. "Portable swimming pool" means those pools which are not permanently installed, do not require water filtration, circulation and purification, do not exceed eighteen (18) inches in depth below grade nor thirty (30) inches in depth above grade, do not exceed a water surface area of forty (40) square feet, and do not require braces or supports.

Swimming Pool, Private Residential. "Private residential swimming pool" means a body of water, artificially constructed, in whole or in part, whether located above or below the ground, and whether permanently constructed or portable, having a depth of more than eighteen (18) inches below grade at any point or of more than thirty (30) inches above grade and/or a water surface of forty (40) square feet or more, designed and maintained as an accessory use on a residential lot for swimming and bathing purposes by the members of the household and their guests, and including all accessory buildings, structures and equipment.

Swimming Pool, Public or Private Club. "Public or private club swimming pool" means either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.

Swimming Pool, Wading. "Wading swimming pool" means artificially constructed pools not designed or used for swimming and having a maximum water depth of eighteen (18) inches whether above or below grade.

"System height" means the vertical distance above grade of a wind tower plus the wind generator attached to it, measured vertically from the ground to the tip of a wind generator blade when the tip is at its highest point.

"Townhouse" means one single-family dwelling unit in a line of three or more connected dwelling units. Each single-family unit may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit over another.

"Use" means the specific purpose for which a parcel of land or a building or a portion thereof is used.

"Variance" means permission to depart from the literal requirements of this title pursuant to N.J.S.A. 40:55D-60, 70c or 70d to permit a use or construction otherwise prohibited by this title.

"Watercourse" means any natural or artificial waterway, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow of floodwater.

"Wind generator" means the equipment, including the rotor, blades and associated mechanical and electrical conversion components, that converts energy from wind into electricity and that is usually mounted on top of a tower.

"Wind tower" means a monopole, freestanding, or guyed structure that supports a wind generator.

"Wireless telecommunications antennas, equipment and/or towers" means buildings and/or structures for the delivery of low-power wireless radio telecommunications through a network.

"Wireless telecommunications equipment compound" means a fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.

"Wireless telecommunications tower" means a vertical structure designed to support wireless telecommunications antennas, which may be of monopole or self-supporting or guyed lattice construction.

Yard, Front. "Front yard" means an open space extending across the full width of the lot and lying between the street line and the closest point of the building. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the point of tangent of curved street lines. The minimum required front yard depth shall be the same as the required setback.

Yard, Rear. "Rear yard" means an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the building. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the point of tangent of curved rear lot lines. The minimum required rear yard depth shall be the same as the required setback.

Yard, Side. "Side yard" means an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the building. The width of the required side yard shall be measured horizontally and at right angles to either a straight side lot line or the point of tangent of curved side lot lines. The minimum required side yard width shall be the same as the required setback.

"Zoning board of adjustment" means the planning board of the borough of Califon acting in the statutory capacity of a zoning board of adjustment with the Class I and Class III members of the planning board not participating in the consideration of applications which involve relief pursuant to N.J.S.A. 40:55D-70d.

"Zoning officer" means the municipal official designated by the governing body to enforce the provisions of the land development ordinance and to issue zoning permits.

"Zoning permit" means a document signed by the zoning officer:

1.

Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building; and

2.

Which acknowledges that such use, structure or building complies with the provisions of this title or any variance therefrom duly authorized pursuant to N.J.S.A. 40:55D-60, 70c and 70d.

(Ord. No. 2016-06 , §§ I—III 12-5-2016; Ord. No. 2014-06 , § 2, 12-1-2014; Ord. No. 2013-06 , § 1, 9-16-2013; Ord. 2007-02 § 1; Ord. 2002-08 § 1F; Ord. 2002-06 § 1; Ord. 1999-03 § 1; Ord. 1997-05 § 1; Ord. 1996-02 § 1; Ord. 1993-008 § 104; Ord. No. 2021-05 , § 1, 5-17-2021)