shall mean a subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure containing living space or a building with a floor area in excess of 900 square feet shall not be considered an accessory building.

shall mean the Municipal Land Use Law, Chapter 291, Laws of N.J. 1975.

shall mean the Borough Clerk.

shall mean development designs, situations, or existing features on a developer’s property, or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or non-complying conditions such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street grade; inconvenient street system; inadequate utilities such as water, drainage, and sewerage; unsuitable size, shape and location for 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 from wind or water from excavation or grading, all as set forth in N.J.S. 40:55D-38 and measured against the design and performance standards of this chapter.

shall mean land which is devoted to the production for sale of plants and/or animals.

shall mean a change or modification in the structural members of an existing building or the enlargement of a structure or the movement of a structure from one location to another.

shall mean a dwelling unit in a building having two or more units where entranceways, hallways, basements, attics, heating systems, yards, and similar services in the building are shared in common, singularly or in combination.

shall mean any board, body, authority or person within the Borough with authority to approve or disapprove subdivisions, site plans, zoning permits, construction permits or other applications for development.

shall mean the Planning Board of the municipality unless a different agency is designated by this chapter when acting pursuant to the authority of the Act.

shall mean any premises used for the retail sales of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and for servicing and repairs thereof, but where no vehicular painting and/or work is done and where no junked or unregistered vehicles are kept or stored.

shall mean a story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.

shall mean and include any off-site sign used to identify the product made or the activity being pursued by any individual, service, business, commercial or industrial enterprise, for the purpose of appraising the public of the locations of such enterprise and/or type of activity in which it is engaged.

shall mean any building or that part of any building where rooming units are rented with or without meals for more than three persons.

shall mean the area of a lot covered by buildings measured on a horizontal plane around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns or otherwise, but not having walls, as measured around the extremities of the roof above the columns.

shall mean the vertical distance measured to the highest point of the building from the average elevation of the finished grade at the foundation.

shall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered or projected section of a building, the vertical plane shall coincide with the most projected surface. All yard requirements are measured to the building line.

shall mean a building in which is conducted the main or principal use of the lot on which the building is situated.

shall mean the section of a street, road, or highway right-of-way located between the curblines which is normally used by vehicular type traffic, commonly known as the paved areas of the street.

shall mean a story wholly or partly below immediate grade having more than 1/2 its height (measured from floor to ceiling) below immediate grade at the front of the building.

shall mean any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing, or disturbance of an area in excess of 5,000 square feet.

shall mean all development other than major development.

shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation, or landfill, and any use or change in use of any building or other structure, or land or extension of use of land.

shall mean the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

shall mean a document signed by the Construction Code Official (1) which is required by ordinance as a condition precedent to the commencement of a use or any development including the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such development complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.

shall mean a building surrounded by open space on the same zoning lot.

shall mean a building used, designed for or occupied by three or more independent families, with separate housekeeping and cooking facilities for each including apartment houses, boarding houses, and flats.

shall mean a detached building and dwelling unit used, designed for and/or occupied exclusively by one family only living as a single nonprofit housekeeping unit.

shall mean a building used, designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, living independently of each other.

shall mean the official licensed professional engineer appointed by the Borough.

shall mean the official licensed professional engineer appointed by the planning board pursuant to subsection 25-9.5 of this chapter.

shall mean underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

shall mean any number of persons living together as a single family or housekeeping, nonprofit, unit and using certain rooms and housekeeping facilities in common, such persons shall be related by blood, marriage, or adoption.

shall mean an artificially constructed barrier forming a total or partial enclosure of yard areas, and designed to prevent straying from within or intrusion from without the enclosure, or to provide a visual barrier for the purpose of assuring privacy.

shall mean that portion of flood hazard area outside of the floodway.

shall mean the floodway and the relatively flat area adjoining the floodway which has been or may be hereafter covered by flood water and which area, the improper development and general use of which, would constitute a threat to the public safety, health and general welfare. The flood hazard area shall constitute the total area inundated by the flood hazard design flood.

shall mean the generally flat terrain subject to periodic flooding adjacent to streams, ponds, lakes, or swamps.

shall mean the channel of a natural stream and portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream. This shall constitute the portions of the flood plain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.

shall mean the sum of the gross horizontal area of flooring of a structure measured by using the exterior of the building but excluding garages, breezeways, unheated porches, basements or cellars. For business and commercial uses such areas shall include all floor space having headroom of at least seven feet.

shall mean the planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:

shall mean a building or space accessory to the principal building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

shall mean any garage other than a private garage, available to the public operated for gain, and which is used for the equipping, adjusting, storage, rental, repair, inspecting, greasing, washing, polishing, or other cleaning, maintenance and servicing of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for the vehicular propulsion. This term shall include gasoline and oil pumps maintained in conjunction therewith but shall not be construed to include motor vehicle show rooms for new or used motor vehicles.

shall mean one or more multi-family buildings not more than 2 1/2 stories above the ground level or not more than three livable floor levels, and on a landscaped site; designed and erected as an integrated development with singleness of use and operation and which contains such common facilities as pedestrian walks, open spaces and recreation areas in accord with minimum standards stated in this chapter, off-street parking, and/or garage facilities concomitant with unit density, complete utility system, free two-way access provided from two or more directions.

shall mean the completed surfaces of lawns, walks and roads brought to grades as shown on municipally reviewed plans or designs conforming to established municipal standards.

shall mean the sum of the gross horizontal areas of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the centerline of walls separating two dwelling units, having a clear ceiling height of seven feet, four inches or greater, but not including any unfinished cellar or basement, or any garage space, breezeway, interior patios, enclosed porches or accessory building space.

shall mean any gainful employment, or occupation, involving the production or repair of goods by one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members, and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure, or in a secondary building, which is accessory to such principal structure. Home occupations may include, but are not limited to, such activities as dressmaking, millinery, watchmaking, electrical, radio repair and carpentry. The wholesale or retail sale of goods or services in structures designed or altered to make such activities the primary use of the site or involving the wholesale or retail sale of goods and services not produced or repaired on-site shall not be construed hereunder to be a home occupation.

shall mean any professional office conducted entirely within the dwelling or accessory building to the dwelling which is the bonafide residence of the practitioner.

shall mean a building containing rooms used, rented, or hired out to be occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or as an accessory building.

shall mean any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff to be classified as impervious in Urban Areas by the Unites States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0 as amended and supplemented, available with user guide and tutorials at http://www.wsi.nfcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.

shall mean a total tract comprehensively planned, designed, and approved for industrial or office uses whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant’s parcels are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped section to accommodate subsequent land needs, provided the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities.

shall mean an area or structure used for the collecting, storage, buying, trading, or abandonment of any refuse and/or discarded material, or the dismantling, demolition, salvaging or abandonment of processing structures, automobiles, or other vehicle equipment and machinery or parts thereof; with the deposit of domestic, commercial, industrial or sanitary waste or garbage excluded.

shall mean real property including improvements and fixtures on, above, or below the surface.

shall mean 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 material.

shall mean a parcel or area of land, the dimensions, location and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.

shall mean the total horizontal area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area. Where an easement is obtained or exists for public purposes, the area of the easement shall be included in the calculation of the lot area.

shall mean a lot having at least two adjacent sides fronting on intersecting roads. The greater frontage shall be deemed a side lot line and the lesser frontage the front lot line. In the event of equal frontage the front lot line shall be that line which the main entry of the structure faces.

shall mean the horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.

shall mean the horizontal distance between the side lot lines measured along the street lines. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the lot frontage may be reduced to not be less than 75% of the required minimum lot width.

shall mean any line forming a portion of the exterior boundary of a lot. The lot line is the same as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.

shall mean the straight and horizontal distance between side lot lines measured at setback points on each side lot line at the minimum building setback from the street line.

shall mean any security, other than cash, which may be accepted for the maintenance of any improvements required by this chapter.

shall mean an independent dwelling unit manufactured in one or more sections; designed for long term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported on its own wheels after fabrication, or on flat bed or on other trailers, arriving at the site where it is to be occupied as a complete dwelling, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and campers are not considered mobile homes.

shall mean any lot upon which two or more mobile homes are located and used for dwelling purposes.

shall mean a series of rental units, with individual entrances from the building to each unit, operated as a single business for the purpose of providing lodging to transient guests.

shall mean a place for the transaction of business where reports are prepared, records kept, or services rendered, but where no retail sales are offered and where no manufacturing, assembling or fabricating takes place.

shall mean an off-street parking area for passenger vehicles including the storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public street. Accessory garage space(s) for the storage of one or two automobiles shall be considered off-street parking space(s).

shall mean any use of land or buildings as permitted by this chapter.

shall mean any security, which may be accepted by the municipality, including cash; provided that the municipality shall not require more than 10% of the total performance guaranteed in cash.

shall mean all that portion of the Borough west of the main line of the Central Railroad of New Jersey.

shall mean an area of land containing dwellings and recreational, cultural and medical facilities and services for the benefit of the permanent residents who are, wherever possible, persons 52 years of age or over.

shall mean the plat of all or a portion of the development prepared and submitted to the approving authority for final approval in accordance with Section 25-19 of this chapter.

shall mean the plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Section 25-19 of this chapter.

shall mean the plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Section 25-19 of this chapter.

shall mean the main purpose for which any lot and/or building is used.

shall mean an 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.

shall mean the office of a member of a recognized profession which shall be so designated by the approving authority upon finding by such approving authority that such occupation is professional in character and requires academic training, licensing, and training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the permitted uses listed in that district. The issuance of a State or local license for regulation of any such occupation shall not, alone, be deemed indicative of professional standing. When such office is combined with a residence, the conditions of a home professional office shall apply.

shall mean an establishment, however designated, regularly and principally used for the purpose of providing meals to the public having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment is conducted. However, a snack bar at a public or community recreation facility operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a restaurant for the purposes of this chapter.

shall mean an establishment where patrons are served prepared foods, soft drinks, ice cream, and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

shall mean an establishment with a primary purpose of the sale of goods or articles individually or in small quantities directly to the consumer.

shall mean the total width and length of the course of a street, water course, water body, utility alignment, or other way and within which all improvements and rights of access are confined.

shall mean a line drawn parallel to a street line or lot line and drawn to the building line nearest to the street line or lot line beyond which a building shall not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public street shall be measured from the required right-of-way width.

shall mean a group of integrated developments devoted to retail, service and entertainment activities housed in enclosed building or buildings and utilizing such common facilities as customer and employees’ parking areas, pedestrian walk areas, utilities, loading and unloading space, common open areas and such other appropriate necessary and appropriate accessory uses.

shall mean a triangular area abutting two intersecting streets where vision is unobstructed. The sight triangle is formed by the intersecting street sidelines and a line connecting a point on each sideline a set distance from the intersection.

shall mean any announcement, declaration, display, illustration or insignia placed in a position to be seen by the general public from any street or public way.

shall mean site plan approval by the approving authority shall not be required for individual single family and two family dwellings as well as accessory buildings to agricultural and horticultural uses, unless such uses are located in a flood hazard area or involve a home occupation. Building alterations which do not involve a change in use, additional parking, or additional building area shall be exempt. Changes in use which do not require additional parking shall be exempt.

shall mean a site plan for development or building alteration requiring less than 10 parking spaces as required in this chapter and containing less than 2,500 new or additional square feet of floor space.

shall mean all site plans not defined as minor or exempt.

shall mean a map of a subdivision or site plan of sufficient accuracy, used for the purpose of discussion and classification of the application.

shall mean that portion of a building comprised between a floor and the floor or roof next above it. A 1/2 story is a story at the top of a building, the area of which is less than the area of the story below it, and the height of which shall not be less than 7.5 feet above at least 1/3 the area of the floor.

shall mean that line determining the limit of the rights of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the street line shall be assumed to be at a point 25 feet from the centerline of the existing pavement.

shall mean any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

shall mean all subdivisions not defined as minor.

shall mean a subdivision of land that does not involve:

shall mean facilities constructed above or below ground having a depth of more than two feet and/or a water surface of 100 square feet or more and designed and maintained for swimming purposes. Swimming pools shall include all buildings, structures, equipment and appurtenances thereto.

shall mean one dwelling unit in a line of three or more attached dwelling units with each dwelling unit extending from the ground to the roof and having individual outside access and no interior facilities, conveniences, or services shared with other dwelling units making up the overall building.

shall mean an area of land comprised of one or more lots having sufficient dimensions and area to meet the requirements of this chapter for the use(s) intended.

shall mean a vehicular, portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short term uses which may contain cooking, sleeping, sanitary and general living facilities.

shall mean services provided to a use including, but not limited to, sewage treatment, water supply, gas, electric, telephone, and cable TV.

shall mean main lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, water, sewage, or storm water discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served.

shall mean any building, premises or land in which or upon which the principal business, operation or industry involves the storage of goods and materials.

shall mean the establishment of a characteristic wetland or the removal of exotic species or Phragmites from a wetland in accordance with the standards of NJAC 7:50-6.10. For purposes of this definition, exotic species are those not indigenous to North America.

Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future; the singular number includes the plural and the plural the singular. The word “building” includes the word “structure” or any part thereof; the word “occupied” includes the word “designed or intended to be occupied;” the word “used” includes “arranged,” “designed” or “intended to be used”, the word “person” includes individuals, firms, copartnerships and corporations. The word “shall” is always mandatory and not directory. The word “may” is permissive. The phrase “used for” includes “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.

shall mean an open space extending between the closest point of any building line and a lot line or street line. In an apartment, townhouse, industrial park or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line, or building facade or perpendicular to the point of tangent of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two yards of the structures and in no event shall two structures be closer to one another than the sum of both yards.

shall mean the area extending across the full width of a lot line between the street line and the building line. For apartments, townhouses, industrial park or other development where more than one building may be erected on a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building.

shall mean the open space extending across the full width of the lot between the rear lot line and the building line. For apartments, townhouses, industrial park or other developments where more than one building may be erected on a lot, the rear yards shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building.

shall mean 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 line. The side yard for apartments, townhouses, industrial park or other developments where more than one building may be erected on a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building.