[Ord. No. 779 § 16.300; Ord. No. 821 § 1; Ord. No 854§ 1; Ord. No. 856 § 3; Ord. No. 878 § 1, 2; Ord. No. 951 § 1; 7-23-2019 by Ord. No. 19-09; 11-26-2019 by Ord. No. 19-14; Ord. No. 2013-02 § 26-301; Ord. No. 2017-12 § 1; amended 10-22-2024 by Ord. No. 24-27]
For the purposes of this chapter, certain words and terms are defined as follows: unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "shall" is mandatory and not discretionary, and the word "may" is permissive; the word "lot" includes the words "plot" and "premises"; the word "his" includes "her" and "its"; the word "structure" includes the word "building" and the word "building" includes the words "dwelling" or "residence"; and the words "use" and "uses" refer to any purpose for which a lot or land or part thereof or building or structure or part thereof is arranged, erected, designed, constructed or reconstructed, enlarged, altered, converted, maintained, occupied, rented, leased or intended to be used. Whenever a term is used in this chapter that is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in the Statute unless specifically defined to the contrary in this chapter. Reference to Statutes shall mean as amended, supplemented, replaced or succeeded. Any word or term not defined herein shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged, or latest edition thereof.
ACCESSORY APARTMENTA self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing single-family dwelling or by addition to an existing single-family dwelling. The affordable accessory apartment shall not have interior access to the remainder of the single-family dwelling. The dwelling unit, including the accessory apartment, must meet all required bulk regulations and setbacks for the zone district in which it is located.
ACCESSORY USE OR STRUCTUREShall mean a separate and subordinate use or structure customarily incidental to and located on the same lot occupied by the principal use or structure to which it relates. Where an accessory structure is attached to the principal structure by any means, it shall be considered part of the principal structure for the purposes of determining all bulk requirements.
ADMINISTRATIVE OFFICERShall mean the Borough Engineer of the Borough of Haworth or other officials of the Borough commissioned by the Borough Council to administer any portion of this chapter.
AFFORDABLE HOUSINGShall mean non-market rate housing intended for the occupancy of moderate, low, and/or very low income residents as defined by the legally empowered affordable housing agency of the State of New Jersey.
AGENCYShall mean a division of either the Federal; State, County or municipal government.
ALTERATIONShall mean any change, addition or modification in the construction or arrangement of a structure or site.
APPLICANTMeans a developer submitting an application for development.
APPROVING AGENCYShall mean the Borough of Haworth land use board that has jurisdiction over an application involving land use within the Borough. This may mean the Planning Board, the Board of Adjustment, or the Mayor and Council, depending on the issue at hand.
ATTICShall mean that part of the building that is immediately below the roof and wholly or partly within the roof framing.
BASEMENTShall mean that portion of a building that is partly underground that has more than half its interior height (measured from floor to bottom of floor joists) above the average finished grade of the ground adjoining the building.
BEDROOMShall mean a private room planned and intended for sleeping, separate from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room. A den, studio, sewing room or similar type room shall be classified as bedroom.
BUILDING COVERAGEShall mean the percentage of a lot covered by structures of any kind, including decks, as measured in a horizontal plane around the periphery of all facades and including all area under any roof overhang.
BUILDING HEIGHTShall mean the vertical distance between the average ground elevation around the foundation to the elevation of the highest point of the roof surface, excluding only chimneys.
a. The average ground elevation shall be calculated by measuring the ground elevation at 10 foot intervals around the perimeter of the foundation. All measurements submitted by the developer shall be subject to review and confirmation by the Borough Engineer.
b. Where soil or rock removal lowers the ground elevation around the perimeter of the foundation, the building height shall be based on the lowered elevation.
c. Where fill raises the ground elevation around the perimeter of the foundation, the building height shall be based on the elevation as it existed prior to the use of fill.
BUILDING LINEShall mean the setback line as required by this chapter and the Limiting Schedule herein or on an approved subdivision map.
CELLARShall mean that portion of a building that is partly or completely underground that has more than half its interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.
CHANGE IN USEShall mean the use of a structure or land or part thereof that in any manner differs from the previous use by way of function, operation, or extent. A change in ownership shall not be considered a change in use for the purposes of this chapter.
COAHShall mean the New Jersey Council on Affordable Housing.
COMMERCIAL VEHICLEShall mean any vehicle used predominantly for commercial purposes, regardless of registration status, but excluding passenger, vehicles without permanent signs.
COMMISSIONShall either mean the Haworth Shade Tree Commission, the Haworth Environmental Commission, the Haworth Recreation Commission, or any other officially recognized Commission of the Borough of Haworth, depending upon the context of the provision to which it relates.
COMPLETE APPLICATIONShall mean a development plan that meets all of the submission requirements of Section 26-1000 of this chapter, and that is accompanied by payment of the required fee established in fee ordinances: Ordinances No. 607 and No. 706.
CONDITIONAL USEShall mean a use permitted in a particular zoning district only upon a showing that such use in a speed location will comply with the conditions and standards for the location or operation of such use as contained in Section
26-503, and upon the issuance of an authorization therefor by the Planning Board.
CONFORMING LOTShall mean a lot that meets or exceeds all of the minimum requirements of the Limiting Schedule and applicable Borough Ordinances.
CONSTRUCTION CODE OFFICIALShall mean the official of the Borough of Haworth designated by the Borough Council to be responsible for the administration and enforcement of the Uniform Construction Code pursuant to N.J.S.A. 52:27D-119 et seq.
DATE OF DECISIONShall mean the date of adoption of a resolution memorializing an action by the Board.
DAYSShall mean calendar days.
DENSITYShall mean the permitted number of dwelling units per gross area of land to be developed.
DEVELOPERShall mean 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.
DEVELOPMENTShall mean the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, or of any mining, excavation or landfill; and any use or change in the use of any structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law.
DEVELOPMENT FEESShall mean fees assessed to a development application by ordinance.
DISTRICTShall mean a designated part of the territory of the Borough of Haworth, as shown on the Zoning Map, to which certain uniform zoning regulations and requirements of this chapter apply. The term "district" shall be synonymous with the terms "zone" and "zoning district."
DRIVEWAYShall mean a private roadway leading from a street to a structure, house, garage or parking area.
DWELLING OR DWELLING UNITAny room or combination of rooms containing separate sleeping, cooking and sanitary facilities intended to provide living accommodations for one household. The dwelling unit shall be self-contained and shall not require access through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit.
DWELLING, SINGLE FAMILYShall mean a dwelling unit, fully detached from all others and occupied or intended to be occupied by one household.
EASEMENTShall mean a use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation, or particular persons for specified purposes.
ENVIRONMENTAL CHECKLISTShall mean the checklist of environmental factors affected or potentially affected by a proposed development, to be completed by the Haworth Construction Official with respect to applications to construct or enlarge any structure, or to cause any site disturbance, for which neither subdivision approval, site plan approval, nor variance approval is required under the Haworth Land Use Ordinance.
ENVIRONMENTAL COMMISSIONShall mean the Environmental Commission of the Borough of Haworth created pursuant to N.J.S.A. 40:56A-1 et seq.
EQUALIZED ASSESSED VALUEShall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Tax Assessor.
FAMILYShall mean one or more persons occupying a dwelling unit as a single, non-profit housekeeping unit, living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof whether or not the members thereof are related to each other by birth, marriage or adoption.
FAMILY DAY CARE HOMEShall mean a private residence offering family day care services as described by N.J.S.A. 40:55D-66-5.
FENCESShall mean all fences, both closed and open.
FENCES, CLOSEDShall mean and include those referred to as solid fences of the types commonly known as cedar picket, stockade, louvered, paneled and privacy, also masonry or other types of solid construction that substantially (50% or more of vertical fence area) obstruct the view or interfere with light or the circulation of air.
FENCES, OPENShall mean and include fences of the type commonly known as rail, split rail, anchor or chain link, without inserts, that do not substantially obstruct the view or interfere with light or circulation of air. Such fences shall have an open area of no less than 50% of the total fence area.
FINAL APPROVALShall mean the official action of the Approving Authority taken on a preliminarily approved major subdivision or site plan pursuant to N.J.S.A. 40:55D-50.
FLOOD FRINGEShall mean that part of the flood plain that lies beyond the delineated border of a floodway.
FLOOD HAZARD AREAShall mean the flood plain consisting of the floodway and flood fringe area of a stream.
FLOOD PLAINShall mean lands that have been delineated by the State of New Jersey or the Federal government (currently by the Federal Emergency Management Agency, or "FEMA") as falling within the 100-year flood event; and in addition it shall mean the relatively flat area adjoining surface waters that have been or may hereafter be reasonably expected to be covered by rising waters, as determined by the appropriate Borough of Haworth review board.
FLOODWAYShall mean the channel of a stream or river and portions of the flood plain adjoining the channel, that are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
FLOOR AREAShall mean the sum of the gross horizontal areas of all floors, stories and half-stories of a building measured from the outside wall of the building. Floor area computations shall be taken from the exterior face of outside walls, pillars and/or columns and include the wall thickness. Floor area includes enclosed porches and attics. Floor area shall include all square footage of all accessory structures, except that the square footage of no more than two accessory structures containing in the aggregate 150 square feet may be excluded from the calculation of floor area. Floor area shall not include the first 400 square feet of any attached or detached garage; the floor area of any attached or detached garage in excess of 400 square feet shall be included in the floor area calculation. Floor area shall not include basements, cellars, decks or patios.
FLOOR AREA RATIO (FAR)Shall mean the sum of the area of all floors, as defined in “floor area,” of the existing or new buildings or structures compared to the total land area of the property on which the structures are located.
GARAGE, PRIVATEShall mean an accessory structure maintained for the storage and parking of vehicles of the occupant of the principal structure in which no business is carried on and no service is rendered to the general public.
HOME OCCUPATIONShall mean an activity carried out for gain by a resident as an accessory use in the resident's single family dwelling.
HOME PROFESSIONAL OFFICEShall mean an office within a residence of a physician; nurse, dentist, lawyer, architect, planner, engineer, accountant, psychologist, psychiatrist, cleric or other similar professional who lives on the premises, as an accessory use in the resident's single family dwelling.
HOUSEHOLDShall mean a family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERVIOUS SURFACEShall mean those areas that are either highly compacted materials, or are improved with structures, uses and materials that are highly resistant to infiltration by water. By way of illustration, these surfaces shall include but are not limited to driveways, streets, swimming pools, tennis courts, parking areas of any material, houses, garages, walkways, patios, decks, paving stones, service and loading areas, hard surfaces and other such materials that resist water percolation into the underlying soil. Impervious surface shall be expressed in square feet of surface area.
IMPERVIOUS LOT COVERAGE—Shall mean that portion of a lot, expressed as a percentage of the lot area, covered by impervious surface.
INITIAL ENVIRONMENTAL ASSESSMENT REPORTShall mean the report to be submitted by an applicant or his representatives, as part of an application for development, to assess the effect upon the environment of the proposed development.
INTERESTED PARTYShall mean, in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other provision of the Municipal Land Use Law, or whose right to use, acquire, or enjoy property under this chapter, the Municipal Land Use Law, or any other law of the State of New Jersey or of the United States have been denied, violated or infringed by an action or failure to act under this chapter.
JUDGMENT OF REPOSEShall mean a judgment issued by the Superior Court of New Jersey approving a municipality's plan to satisfy its fair share obligation.
LOADING SPACEShall mean an off-street space or berth on the same lot with a structure or group of structures for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOTShall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAShall mean the total horizontal area included within lot lines of a property not including any portion of a street right-of-way.
LOT, CORNERShall mean a lot on the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135 degrees.
LOT DEPTHShall mean the horizontal distance between the front lot line and the nearest side or rear lot line measured either perpendicular to the midpoint of the front lot line or from the midpoint of the front lot line to the midpoint of the side or rear lot line, whichever is greater.
LOT LINEShall mean a line of record bounding a lot.
LOT LINE, FRONTShall mean the right-of-way line of the street abutting a lot.
LOT LINE, REARShall mean a lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet in the case of a triangular lot.
LOT LINE, SIDEShall mean any lot line other than a front or rear lot line, including a lot line or portion thereof that may be the rear lot line of an adjacent lot.
LOT, THROUGHShall mean a lot fronting on two streets that do not intersect each other at the boundaries of the lot.
LOT, WIDTHShall mean the distance between the side lot lines, measured at right angles to the axis of the lot at the deepest point of the required front yard setback.
LOW INCOME HOUSINGShall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and that is subject to affordability controls promulgated by the legally empowered affordable housing agency of the State of New Jersey.
MAINTENANCE GUARANTEEShall mean any security that may be accepted by the Borough to guarantee the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L. 1991, c: 256 (C. 40:55D-53.5), and cash.
MASTER PLANShall mean a composite of written or graphic proposals for the development, redevelopment, and/or sustenance of the Borough of Haworth (as well as its Updates and Periodic Reexaminations) as set forth in N.J.S.A. 40:55D-28 that has been duly adopted by the Planning Board.
MEDIAN INCOMEShall mean the HUD uncapped median income by family size for Bergen County, using the most recent calculations of the Federal Department of Housing and Urban Development for each appropriate household.
MEDICAL OFFICEShall mean a structure or a portion of a structure used or intended for use by medical professionals, including physicians, dentists, nurses, therapists, chiropractors and other licensed health care professionals. The term "medical office" shall include immediate medical care facilities.
MODERATE INCOME HOUSINGShall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located, and that is subject to affordability controls promulgated by the legally empowered affordable housing agency of the State of New Jersey.
NONCONFORMING LOTShall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREShall mean a structure, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEShall mean a use or activity that was lawful prior to the adoption, revision or amendment of this chapter and that does not conform with the use regulations of this zoning district in which it is located by reason of such adoption, revision or amendment.
NUISANCEShall mean an offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeated invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of an activity or use across a property line that can be perceived by or affects a human being, including, but not limited to, mechanical noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock waves, heat, radiation or objectionable effluent, or the generation of excessive or concentrated noise from the congregation of people; especially at night or early morning, from passenger traffic or from transportation of things by truck, rail or other means or the unsafe or illegal use or storage of toxic or hazardous materials.
OFFICEShall mean a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
OFFICIAL MAPShall mean the Official Map as adopted by the Borough of Haworth in accordance with N.J.S.A. 40:55D-32 et seq., as amended and supplemented. Such a map shall be deemed conclusive with respect to the location and width of streets, public parks and playgrounds, and drainage rights-of-way shown thereon.
OFF-SITEShall mean located outside the lot lines of the lot in question but within the property, of which the lot is a part, that is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
OFF-TRACTShall mean not located on the property that is the subject of a development application nor on the closest half of the abutting street or right-of-way.
ON-SITEShall mean located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACTShall mean located on the property that is the subject of a development application or on the closest half of an abutting street or right-of-way.
OPEN SPACEShall mean 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; provided that such areas may be improved with only those structures, streets and off street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPERATIONShall mean the post-development utilization of the site.
PERFORMANCE GUARANTEEShall mean any security that may be accepted by the Borough to guarantee the completion of required improvements pursuant to this chapter.
PLATShall mean a map of a subdivision or site plan.
PORTABLE SIGNShall mean any sign not permanently armed to the ground or a structure, including, but not limited to, signs attached to vehicles, banners, flags, pennants, inflatable signs, sandwich boards and similar signs.
PRELIMINARY APPROVALShall mean the official action of a Board taken on a preliminary major subdivision or site plan taken pursuant to N.J.S.A. 40:55D-46 and 48.
PRINCIPAL USEShall mean the main purpose for which a lot or structure is used.
QUORUMShall mean the majority of the full authorized membership of the approving Authority.
RECREATIONShall mean leisure time activity that may be either active or passive.
RESTAURANTShall mean an eating establishment catering primarily to customers seated indoors at tables with waiter service. This excludes drive-ins, drive-thrus, fast food establishments, and other such eating places all of which are expressly prohibited in the Borough.
RETAIL SALES AND SERVICESShall mean the sale of goods for use or consumption off the premises, which goods are intended to meet direct consumer food, clothing, furnishing, recreational or other needs and are not intended for resale and/or the sale of services such as personal care, financial, repair, catering and other similar services. This excludes drive-ins, drive-thrus, fast food establishments, and other such eating places all of which are expressly prohibited in the Borough.
RIGHT-OF-WAYShall mean the land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery. Right-of-ways shall be measured from lot line to lot line.
SETBACK LINEShall mean a line drawn parallel to the front, rear or side lot line of a lot in such a manner that the minimum front, rear or side yard is provided.
SIGHT TRIANGLEShall mean a triangular area abutting two intersecting streets where vision is unobstructed. The "Sight Triangle" is formed by the intersecting street side lines and a line connecting a point on each side line a specified distance from the intersection.
SIGNShall mean any object, device, display, illustration or insignia used or intended to advertise, display, identify or promote the interests of any person, corporation, firm, product or service by any means when the same is placed where it may be in view of the general public.
SITE PLANShall mean 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, flood plains, marshes and waterways, (2) the location of all existing and proposed structures, 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 in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 (N.J.S.A. 40:55D-37 et seq.) of the Municipal Land Use Law.
SITE PLAN, MAJORShall mean a development plan of one or more lots that (1) involves planned development; (2) requires any new street or extension of any off-tract improvement; (3) requires new utilities or the extension of existing utilities beyond direct connections between the new improvements and the public right-of-way upon which the site has frontage; or (4) requires any variances.
STACKED TOWNHOUSEA dwelling unit in a building containing three or more dwelling units and in which units are located over one another.
STORYShall mean that portion of a structure included between the upper surface of any floor and the upper surface of the floor next above; or, if there be no floor next above, then the space between the floor and the ceiling next above.
STORY, HALFShall mean any finished space under a gable, hip, gambrel, or other sloping roof. Half stories are included in the definition of “floor area" pursuant to this chapter.
STREETShall mean any avenue, boulevard, road, parkway, viaduct, drive or other way that is an existing State, County or Borough roadway; or that is shown upon a plat heretofore approved pursuant to law; or that is approved by official action as permitted pursuant to N.J.S.A. 40:55D-1 et seq. or that is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats, and includes the land between the right-of-way lines.
STRUCTUREShall mean any 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.
STRUCTURE HEIGHTShall mean the vertical dimension measured from the average ground elevation of the finished grade around the perimeter of the structure to the highest point of the structure.
SUBDIVISIONShall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (1) divisions of land found by the Planning Board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (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 and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINORShall mean a subdivision of land for the creation of not more than three lots fronting on an existing street, not involving a planned development, any new street, or the extension of any off-tract improvement. Any subdivision that involves a lot that was previously approved as a minor subdivision within a three year period prior to the application for another minor subdivision shall be classified as a major subdivision.
SUBSTANTIVE CERTIFICATIONShall mean a determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of time prescribed by the duly empowered affordable housing agency of the State of New Jersey, in accordance with the terms and conditions contained therein.
SURFACE WATERShall include but not be limited to any natural or artificial stream, river, creek, ditch, channel, canal, conduit, waterway, gully, ravine, wash, brook, lake, pond or reservoir, and may include an adjacent area subject to inundation by reason of flood water or overflow.
SWIMMING POOL Shall mean a contained area of water for swimming, above or below ground level, incidental to the residential use of the premises that shall not be considered a part of building or pavement coverage.
TOWNHOUSEShall mean a one-family in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located above another unit, and each unit is separated from any other unit by one or more common fire-resistant fire walls.
VARIANCEShall mean permission granted by the Zoning Board of Adjustment or Planning Board to depart from the literal requirements of this chapter only upon the making of certain findings pursuant to N.J.S.A. 40:55D-70c and d.
VERY LOW INCOME HOUSINGShall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and that is subject to affordability controls promulgated by the legally empowered affordable housing agency of the State of New Jersey.
WATERSHEDShall mean the land area that drains into a given surface water.
WETLANDSShall mean freshwater wetlands as defined by the New Jersey Freshwater Wetlands Protection Act of 1987 and as may have been amended by the State.
YARDShall mean an open, unoccupied space on a lot situated between the setback line and the lot line.
YARD, FRONTShall mean an open space extending across the full width of the lot between the wall of the structure of principal use (or as applicable, the extension line as defined below) at any given point and the front lot line using a line of determination being perpendicular to the structure of principal use (or extension line as the case may be) at any given point and extending to the front lot line. As used herein, the term "extension line" shall be deemed to refer to a line drawn from any side wall of the structure of principal use closest to the point of a side lot line where such side wall is closest to the front lot line and running parallel to the front lot line from such point to the nearest side lot line; provided, however, that in the case of a lot with a curved front lot line, the extension line shall not run parallel to the front lot line but instead shall follow the arc of the curve of the front lot line.
YARD, REARShall mean the area lying between the rear lot line and the setback line and extending from side lot line to side lot line.
YARD, SIDEShall mean the area between the side lot line and the setback line and extending from the rear of the front yard to the front of the rear yard.