[Amended 4-10-2002 by Ord. No. 1220; 7-9-2003 by Ord. No. 1257; 3-10-2004 by Ord. No. 1275; 7-13-2005 by Ord. No. 1325; 12-18-2007 by Ord. No. 1393; 10-19-2010 by Ord. No. 1498; 11-1-2011 by Ord. No. 1530; 2-21-2012 by Ord. No. 1536; 12-17-2013 by Ord. No. 1579; 7-21-2015 by Ord. No. 1635; 4-5-2016 by Ord. No. 1668; 2-21-2017 by Ord. No. 1697; 6-20-2017 by Ord. No. 1709; 8-6-2019 by Ord. No. 1795; 10-19-2021 by Ord. No. 1852; 10-3-2022 by Ord. No. 1884; 9-17-2024 by Ord. No. 1963]
For purposes of this chapter, the following phrases and words shall have the meanings indicated. The definitions contained in the Municipal Land Use Law are hereby adopted by reference.
ACCESSORY APARTMENTA self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
ACCESSORY BUILDING OR USEA use or structure subordinate to the principal use or structure on the same lot and serving a purpose customarily incidental to the principal use or the principal structure.
ADMINISTRATIVE OFFICERThe person with whom applications for development are filed pursuant to this chapter. The administrative officer for the Board of Adjustment shall be the clerk to the Board of Adjustment. The administrative officer for the Planning Board shall be the clerk to the Planning Board.
ADVERSE EFFECTDevelopment designs or existing features on a developer's property, or nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street location; inconvenient street system; inadequate utilities, such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
ADVERTISEGiving, attempting to give or intending to give any notice or information, or any activity which gives, attempts to give or intends to give notice, information or warning.
ALTERATION, STRUCTURALAny changes in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configuration of the roof or exterior walls.
AMATEUR RADIO ANTENNAThe arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves.
AMATEUR RADIO ANTENNA SUPPORT STRUCTUREAny structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves (by federally licensed amateur radio operators).
AMATEUR RADIO STATIONA radio station operated in the amateur radio service under license by the Federal Communications Commission.
APARTMENTA dwelling unit in a building having three or more dwelling units.
APPEALA request for a review of an interpretation of any provision of this chapter or a request for variance.
AREA OF SHALLOW FLOODINGA designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the part of flooding is unpredictable and indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARDThe land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
APPROVALAcceptance of a plat by the approving authority and meeting the preliminary or final plat requirements as applicable.
ATTACHED SIGNAny sign on or affixed to any exterior surface of a building, provided that such sign does not project beyond 12 inches from the exterior surface.
ATTICThe open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AUTOMOBILE SERVICE STATION or GASOLINE STATIONA building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where mechanical repair but not body repair may be rendered as an accessory activity, provided that all mechanical repair takes place within the confines of a building.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT or CELLARAny area of the building having more than 50% of its perimeter below finished ground level. The finished floor elevation of any basement must be a minimum of four feet above the seasonal high-water table.
BILLBOARDShall be considered a sign, as defined herein.
BREAKAWAY WALLA 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 AREAA strip of land consisting of natural materials, woodlands, earth mounds, screening fences or walls, and/or other planted vegetation for the purposes of making a physical or visual barrier. No building, structure or parking shall be permitted in this area.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy by any person, animal or thing, and having a roof.
BUILDING COVERAGEThe horizontal area measured from the exterior surface of the exterior walls of all principal and accessory buildings on a lot, which shall include decks attached to the principal building.
BUILDING DESTRUCTION (KNOCKDOWN)Where more than 50% of structural floor space of a building or structure is removed and/or destroyed, as determined by the Borough Engineer, any redevelopment of the building or structure shall be classified as new construction and the land shall be considered vacant for the purposes of this chapter, and such building or structure shall be required to meet all of the regulations contained herein.
BUILDING HEIGHTThe difference between the elevation of the highest point on the roof, excluding chimneys, antennas and similar structures, and the elevation of the lowest point on the surface of the ground abutting the building at anywhere along the perimeter of the foundation. The lowest point shall be measured from the existing grade at the time of the preliminary subdivision or site plan approval or at the time of the issuance of a building permit, whichever is lower.
CABANAA detached accessory structure open to one side, or fully enclosed, but not exceeding 300 square feet in area or more than two rooms. A cabana may include either a kitchen or a bathroom and shall not be utilized for residential occupancy or as an accessory apartment. "Cabana" shall have the meaning as set forth and contained in §§
300-107B(6) and
300-121G(1).
CHILD-CARE CENTERAn institution offering the provision of supplemental parental care and supervision for nonrelated children, on a regular basis during part or all of the day, under license by the New Jersey Department of Human Services. The term "child-care center," as used herein, includes the terms "infant-care center," "day nursery," "day-care center," "nursery school" or similar.
CLASSIFICATIONThe determination by the approving authority that a plat is either a minor or major development.
CLUSTER DEVELOPMENTA planned development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is then clustered onto one or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.
COMMERCIAL VEHICLES AND NONPASSENGER VEHICLESA truck, bus, van, trailer, camper or similar wheeled conveyance, motorized or not, other than a pleasure or passenger automobile regardless of its form of license registration. This definition shall include any vehicle bearing advertisements or printed commercially related matter thereon. Any vehicle designed or converted and used for commercial purposes notwithstanding the type of registration shall be deemed to be commercial.
COMMON PROPERTYA parcel(s) of land, together with the improvements thereon, the ownership, use and enjoyment of which are shared by owners and occupants of one or more of the individual building sites in the development.
COMMUNICATION TOWERSAll antennas and towers which are used for commercial purposes to receive and transmit radio signals along with all other associated and supporting structures.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning provisions of this chapter and upon the issuance of an authorization thereof by the Planning Board.
CONTINUING CARE RETIREMENT COMMUNITYAn organization that provides housing, services, and health care (including long-term care), to persons of retirement age. The community must provide increasing levels of care that meet the needs of individual residents, beginning with independent living and providing a variety of health and nursing care services. It offers a contract based on an entry fee that guarantees shelter and access to various health care services, whether these are prefunded or on a fee-for-service basis.
DENSITYThe permitted number of dwelling units per gross acre of land developed.
DENSITY, NETThe number of dwellings per unit of land, excluding streets, easements, water areas, and lands with environmental constraints.
DENTAL LABORATORIESThose businesses which construct dental appliances and related items for sale to the dental profession and shall not include any businesses which manufacture items for sale to the ultimate users or individuals other than dentists.
DETENTION BASINThose areas which exist or are created for the temporary storage of stormwater and controlled discharge of this water to a receiving drainage system.
DRAINAGE RIGHT-OF-WAYThe lands required for the installation of stormwater sewers or drainage ditches or required along a natural watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against the hazard of flooding in accordance with Chapter
1 of Title 58 of the New Jersey Revised Statutes, the amendments thereof and supplements thereto. A drainage right-of-way need not be limited, in the contemplation of the Planning Board, to any one or single application for a subdivision.
DWELLINGAny permanent building or portion thereof designed or used exclusively as the residence of one or more persons.
A. DWELLING, ONE-FAMILYA building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
B. DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as a "duplex dwelling."
C. DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
D. DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. For the purposes of this chapter, a townhouse dwelling unit may include a building or structure in fee simple, condominium, cooperative or leasehold ownership.
E. DWELLING, GARDEN APARTMENTOne or more multiple-family buildings with dwelling units located one above the other, and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
DWELLING UNITOne or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants.
ELEVATED BUILDINGA nonbasement building built in the case of a building in an area of special flood hazard to have the top of the elevated floor or in the case of a building in a coastal high hazard area 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 of up to the magnitude of the base flood. In an area of special flood hazard, "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. In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
ERECT (regarding signage)To build, construct, attach, hang, place, suspend or affix, and shall also include the painting or lettering or otherwise affixing of any sign, insignia or letters to the outside wall of any building or structure or part thereof.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities or municipal or other government agency of electrical, gas, water transmission or distribution systems or collection, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare, but not including buildings.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit who are living together as a stable, permanent living unit, being a traditional family unit or the functional equivalency thereof.
FARMAn area of land which is organized as a management unit actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and land under farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1964. (N.J.S.A. 54:4-23.1 et seq.)
FAST FOOD RESTAURANTAn establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises.
FLAG LOTA lot whose area, exclusive of its access drive, meets the area requirement of the zoning provisions of this chapter, but whose configuration is one of reduced frontage on an approved street (generally a width sufficient for use as a driveway or future street), with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive.
FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDYThe official report provided 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 REGULATIONSZoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion 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.
FLOODWAYThe 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, GROSSThe sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, rest rooms; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLOOR AREA RATIOThe gross floor area of all floors of building(s) compared to the total area of the site.
FREESTANDING SIGNAny sign which is not on or affixed to the exterior surface of a building.
FRONT FACADEThe front width between the two intersecting walls in a building without dividing walls or partitions, multiplied by the height. In a divided building, front facade shall mean the front width between the side wall and dividing wall or between the two dividing walls, as the case may be, multiplied by the height. In all instances, height shall be assured to be 12 feet, herein adopted as a uniform standard of height.
GARAGE, PRIVATEA detached accessory building designed to contain, and capable of containing, no more than four motor vehicles, in which no business, service, or industry is carried on. Where private garages are permitted in various zoning districts, they are only permitted where they meet all of the requirements of that district, as described in this Code.
GARAGE, REPAIRAny building, structure, premises and land in which a business or service involving the maintenance, servicing or repair of vehicles, but not body repair of vehicles, is conducted or rendered.
GASOLINE SERVICE STATIONA business establishment which conducts any one or more of the following activities: sale or supply of motor fuel or lubricants directly to motor vehicles from a pump or pumps located outside a building on private property; service or repair of licensed or registered vehicles; and sale of tires, batteries and other automobile parts or accessories.
GENERAL DEVELOPMENT PLANA comprehensive plan for the development of a planned development pursuant to N.J.S.A. 40:55D-45 [MLUL].
HISTORIC STRUCTUREAny structure that is:
A. 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;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of Interior or directly by the Secretary of Interior in states without approved programs.
HOME OCCUPATIONAn activity which is incidental to the use of a dwelling for residential purposes, and which is conducted as an accessory use in the resident's dwelling unit.
LANDAny parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Borough or the office of the Bergen County Clerk.
LOADING SPACEAn off-street space available for the loading and unloading of goods and having direct usable access to the street or alley.
LOTA parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record-of-survey map, or by metes and bounds, for the purpose of sale, lease or separate use.
LOT AREAThe area of a lot expressed in square feet or acres. Any portion of a lot included in a street shall not be included in calculating lot area. However, any portion of a lot or lots dedicated to the Borough by easement for other public use shall not be deducted from the calculation of the lot area.
A. LOT, CORNERA parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135º.
C. LOT, THROUGHA parcel of land which extends through from one street to another.
LOT DEPTHA horizontal distance between the front and rear lot lines, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the furthest distance thereof or taken as the average of three measurements, one taken at each corner and one taken at the midpoint, for irregularly shaped parcels.
LOT FRONTAGEThe horizontal distance between the side lot lines, measured along the front lot line.
LOT LINEAny line, including the street line, forming a portion of the exterior boundary of a lot.
A. LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
B. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTHThe horizontal distance between side lot lines, measured at the sixty-five-foot line.
LOWEST FLOORThe 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 to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOMEA 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 connected to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MINOR SUBDIVISIONAny subdivision containing not more than three lots, provided that such subdivision meets the following requirements:
A. Does not involve a planned development.
B. Does not involve any new street.
C. Will not adversely effect the development of the remainder of the parcel or adjoining property.
D. Is not in conflict with any provision or portion of the Master Plan, Official Map, and zoning provisions of this chapter requiring a variance under the provisions of N.J.S.A. 40:55D-70, or this chapter.
E. Does not involve the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42).
MOVETo dig; to excavate; to remove; to grade, regrade, level or otherwise alter or change the location or contour; to transport; to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or discing of soil, or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective date of a floodplain regulations adopted by a community and includes any such structures.
NEW MANUFACTURED HOME PARK or SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes 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) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
NOISEAny undesirable audible sound.
NONCONFORMING USEAny lawful use of a building, structure, land or lot that does not conform to the regulations of this chapter for the district in which it is located at the time of the adoption of the Zoning Ordinance, or at the time of the adoption of any amendments or supplements thereto, making it a nonconforming building, structure, land or lot.
NURSING HOMEAn institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours for more than two residents who are not related to the governing authority or its members by marriage, blood, or adoption.
OFFICIAL MAPA map adopted in accordance with applicable law. Such a map shall be deemed to be conclusive with respect to the locations and widths of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OPAQUE FENCEAn artificially constructed barrier of any material or combination of materials with a surface which is more than 50% opaque.
OPEN SPACE ORGANIZATIONAny organization established pursuant to this chapter, for the ownership and maintenance of any open space for the benefit or owners or residents of any residential cluster development.
OWNERAny person, firm, association, syndicate, copartnership or corporation having sufficient legal or equitable interest in the lands sought to be developed.
PARKING SPACEA space denoted by painted lines and used for the parking of a motor vehicle outside of the street right-of-way. The term "parking space" shall not include any aisle or driveway used for access.
PERFORMANCE GUARANTYAny security which may be accepted by the Borough, including cash, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.
PERFORMANCE STANDARDSA set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.
PERMIT, BUILDINGA certificate issued by the Construction Official for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted application and plans.
PERMIT, CERTIFICATE OF USE AND OCCUPANCYA certificate issued by the Construction Official upon completion of the construction of a new building or addition, or upon a change in the occupancy of a building, other than a dwelling unit as defined herein or in the MLUL, which certifies that all requirements of this chapter, or such adjustment therefrom which has been granted by the appropriate approving authority, have been met and that the purpose for which a building or land is to be used is in conformance with the requirements of this chapter for the zone in which it is located.
PERMITTED USEAny use of land or buildings permitted by this chapter.
PERSONAny individual, firm, association, partnership or corporation, or any group of two or more of them or anyone acting on behalf of the person.
PERSONAL SERVICE ESTABLISHMENTA business primarily engaged in rendering services involving the care of a person or his or her personal goods or apparel, and may include accessory retail sales of products related to the services that are provided.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision which is submitted to the administrative officer of the Planning Board for its consideration and tentative approval and meeting the requirements of this chapter.
PREMISESA building or structure or a piece or tract of land or real estate, vacant or otherwise.
PRIVATE SCHOOLAn institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PROFESSIONAL OFFICEThe office of a dentist, physician, attorney, clergyman, accountant, engineer, architect, professional planner, insurance agent, real estate agent, or other generally recognized professional, or a coworking space for such professionals.
PUBLIC PURPOSEThe use of land and/or buildings by a municipal, county, state or federal agency or authority.
RECREATIONAL OPEN SPACEOne or more parcels of land or water within a planned residential development site designed and intended primarily for the use and enjoyment of the residents therein. Such areas may contain such complementary structures and improvements for active or passive recreational pursuits and uses for the benefit, enjoyment and use of the residents, owners and occupants of the planned residential development only.
RECREATIONAL VEHICLEAll vehicles designed for recreational uses or purposes, including campers, mobile homes, boats, motorcycles, snowmobiles and trailers for the transportation thereof.
RESERVE STRIPA privately owned strip of land bounded on one side by a street line right-of-way and the other side by the boundary of a lot.
RESTAURANTA commercial establishment where food and drink are prepared, served and consumed on premises, excluding, however, a fast-food restaurant and a snack bar or refreshment stand at a public or community swimming pool, playground or park operated in conjunction with and incidental to such recreational facility for the sole convenience of its patrons.
RETAILThe sale of goods or equipment in small parcels or quantities directly to consumers.
RETAINING WALLA structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion, and which is minimally four feet in height.
RIGHT-OF-WAYThe total width of a street, watercourse, utility alignment or other way and within, under or over which all improvements and rights of access are confined.
SELF-STORAGE FACILITYA building or group of buildings which is rented, leased, and divided into individual units for the storage of files, goods, materials, equipment, merchandise, or wares for residential, commercial, or industrial tenants.
SETBACK LINEA line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the adopted Master Plan.
SHEDA nonhabitable, detached accessory structure utilized for the storage of machinery, equipment or materials that shall not include the storage of vehicles, and shall not include the storage of any items utilized for a business, service or other industry. "Shed" shall have the meaning as set forth and contained in §§
300-107B(6) and
300-121G(1).
SIGHT TRIANGLEA triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting street.
SIGNAny structure or part thereof, or device attached thereto or painted or represented thereon, which displays or includes any banner, letter, word, picture, drawing, model, flag, pennant, insignia, logo, slogan, device or representation used as or in the nature of identification, announcement, direction or advertisement. For the purpose of this subsection, the word "sign" does not include a flag, pennant or insignia of any church, nation, group of nations, state, city or other governmental unit. In no event shall "sign" be construed to mean any sign in the interior of any structure unless specifically set forth in this subsection.
SIGN AREAThe computed area as the total square foot content of the background upon which the lettering, illustration or display is presented, including any frame but not base support. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. This shall not be construed to include the supporting members of any sign which are used solely for such purposes. For signs with two display faces, the maximum area requirement shall be permitted on each side.
SIXTY-FIVE FOOT LINEA line parallel to the street or road located sixty-five feet from the side of the street or road. This line shall be equally distant at all points from the street or road.
SLOPEThe degree of deviation of a surface from the horizontal, expressed in percent or degree. Slope calculations shall be based on elevation intervals of 10 feet. For example, a deviation of 10 feet in surface elevation within a horizontal or linear distance of 100 feet equates to a 10% slope.
SOILAny earth, topsoil, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.
START OF CONSTRUCTION [for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)]Substantial improvement and the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 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, the construction of columns, or any work beyond the stage of excavation; 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 foot walkways; nor does it include excavation for a basement, footings, 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.
STORYThat portion of a building between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the surface of the floor and the ceiling above it. A basement shall be considered a story where the finished surface of the floor above the basement is more than four feet above the finished ground level for more than 50% of the total first-floor building perimeter, excluding attached garage structures that are not part of the main building massing, detached garages, patios, terraces and decks or if the finished surface of the floor above the basement is more than 12 feet above the finished ground level at any point.
STORY, HALFA space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath. This space shall not be habitable.
STREET, ARTERIALAny street that collects and distributes traffic to and from collector streets and whose routes are intended to carry a heavy volume of traffic.
STREET, COLLECTORA street that collects traffic from minor streets and connects to arterial streets and highways, including the principal entrance streets of a residential or industrial development and streets for circulation within such a development.
STREET, IMPROVEDThose streets dedicated or deeded for public use and constructed according to Borough regulations and duly accepted by the Borough.
STREET LINEThe edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map, or as required by this chapter, forming the dividing line between the street and the lot. Where title to land extends into or to the center of a street, the right-of-way line shall nevertheless be deemed to be the street line.
STREET, MARGINAL ACCESSThose streets which are parallel and to adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
STREET, MINORA street which is designed to provide vehicular access to abutting properties and to discourage through traffic.
STRUCTUREA 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. Structures shall include walls in excess of four feet in height, swimming pools, and tennis courts, whether enclosed or not.
SUBDIVIDERAny individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds 50% 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 any project for the 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 any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SURGICAL CENTERA medical office that provides outpatient surgical services.
TOTAL COVERAGEThat part of the site or lot that is covered by buildings, parking areas, driveways, pools, walkways, or paved ancillary surfaces such as patios, tennis courts, and similar structures or surfaces that have otherwise been compacted or covered with a permanent layer of material.
TOWNHOUSE BUILDINGA building containing not more than five townhouse units in any one structure.
TRACTOne or more lots. Existing streets shall not be included in calculating the area of the tract.
USABLE RECREATION SPACEAn open area of land designed for and devoted to recreational purposes, e.g., park land, sports fields, playgrounds, swimming pools, etc.
USEThe specific purpose for which land or a building, structure or facilities is designed, arranged or intended, or for which it is or may be occupied or maintained.
UTILITYServices including but not limited to sewage treatment, water supply, gas, electric, telephone and cable television.
WAREHOUSEA building use primarily for the storage of goods and materials.
WATER UTILITY USESBy way of example, but not by way of limitation, underground wells, well houses, pumping stations, aboveground and below-ground water storage tanks, piping, valves, controls, auxiliary power sources, on-site storage of materials required for potable water treatment, related structures, including pump houses and vehicular access driveways thereto, together with ancillary equipment including but not limited to lighting, security cameras, and antennas, that are used by water utility companies, as public utilities, as the term is defined in N.J.S.A. 48:1-13.
WETLANDSThose areas as defined by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
WHOLESALEThe sale of goods or equipment in large parcels or quantities generally to retailers who in turn sell to consumers.
WINDOWAny opening in the exterior wall or roof of any building for the purpose of admitting air or light, whether or not covered with glass, plastic or other covering.
WINDOW SIGNA sign located on the inside of a window, or a sign being visible from the exterior, or a sign secured to the outside face of a window. For purposes of determining the permitted area of a window sign, the aggregate window area of all windows on the façade of the business that is posting the window sign shall be included. Coloring or tinting of windows, or a pattern on a window that does not include an announcement, direction or advertisement, shall not be considered a window sign, but the area covered by such coloring, tinting or pattern shall be included in determining the aggregate window area.
WINDOW SPACEThe aggregate square footage of all windows of any given side and any given story of any building, regardless of the angle or angles at which they are set. In computing window space, there shall be included all portions of any door which, if part of a wall, would constitute a window.
YARDAn open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as provided by this chapter.
A. YARD, FRONTThe area extending across the full width of the lot, between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
B. YARD, REARThe open space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
C. YARD, SIDEAn open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.