For the purpose of this chapter the terms used herein are defined as follows:
ACCESSORY BUILDINGA subordinate building on the same lot with a principal building occupied or devoted exclusively for an accessory use. Where an accessory building is attached to a principal building, it shall be considered part of the principal building. This building shall be nonhabitable.
ACCESSORY STRUCTUREA subordinate structure on the same lot with a principal building or structure, occupied or devoted exclusively for an accessory use. Also included, but not limited to, all "tent-like" structures used as garages or storage facilities, pools/ponds, swing sets, trampolines, animal coops, tree houses, patio, antennas, solar systems, satellite dishes, generators, HVAC units and any other similar as deemed by the Zoning Official. Where a deck or raised patio is touching a wall or covered by a roof of the principal structure the deck or raised patio shall be considered part of the principal structure.
ACCESSORY USEA use naturally and normally incident and subordinate to the principal use of a structure, lot or business, and operated by the same entity as the principal use.
ACID-PRODUCING SOILSSoils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.
ADVERTISEGiving or attempting to give or intending to give any notice or information, or any activity which gives, or attempts to give or intends to give notice, information or warning.
ALTERATION OF A BUILDING OR STRUCTUREA change in the supporting members of a building or structure; an addition, diminution, change in use or conversion of a building or a part thereof; or removal of a building from one location to another.
ALTERNATIVE TOWER STRUCTUREMan-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APPLICANTA person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section.
APPROVING AUTHORITYThe Planning Board or the Zoning Board of Adjustment of the Borough of Midland Park.
AREAThe surface of a lot, building or structure measured on a horizontal plane.
ATTICAn open, nonhabitable space between the ceiling beams of the top story and the roof rafters of a building.
BACKHAUL NETWORKThe lines that connect a providers towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
BASEMENTA story partly but not more than 1/2 below the average elevation of ground at the foundation wall. A basement shall be counted as a story in determining building height.
BILLBOARDA sign which directs attention to a business, commodity, service, entertainment, or attraction, conducted, sold or offered elsewhere than upon the lot on which such sign is located.
BOARDER OR ROOMERA person, not a member of a family as defined in this chapter, who pays for the privilege of meals, lodging or both.
BUILDABLE AREAThe portion of a lot remaining after the required yard and setbacks and required landscaped areas and buffer zones have been provided.
BUILDINGA structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.
BUILDING AREAFor purposes of determining building coverage, the area of the building shall be the projected area on a horizontal plane of the outer extremities of the structure, including by way of example as part of the structure in determining said outer extremities, the foundation, roofs, protruding floors, patios, and any overhangs and the floors of any structures not having a roof.
BUILDING COVERAGEThat portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking spaces.
CATEGORY ONE WATERS or C1 WATERSShall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
CATERINGA business involving the preparation of food for distribution off the premises.
CELLARA story which is more than 1/2 below the average elevation of ground at the foundation wall. A cellar shall not be counted as a story in determining the height of a building.
CHANGE IN USEAs used in this chapter, "change in use" shall mean the new use of a building or premises which is of a different type, kind or nature from the previous existing use of said building or premises. Any new use for which any requirement of this chapter is different than for the previous existing use shall be considered a change in use.
CHILD-CARE CENTEREvery private child-care center, day nursery, nursery school or other establishment of similar character for the care of children, in which any tuition fee or other form of compensation for the care of children is charged, in which more than five children are cared for and which is licensed by the State of New Jersey pursuant to N.J.S.A. 30:5B-1 et seq.
CIRCULATIONSystems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings and transshipment points.
COMMERCIAL VEHICLEIncludes every type of motor driven vehicle designed or used for commercial purposes, such as transportation of goods, wares, equipment and merchandise, including omnibuses and school buses, and every motor vehicle used for commercial purposes for drawing other vehicles and which is so constructed as not to carry any load thereon. Vehicles run on rails or tracks and vehicles of the passenger-motor-vehicle type are excluded.
COMMERCIAL VEHICLE AUXILIARYIncludes every type of vehicle designed or used for commercial purposes which is not motor-driven and which is designed to be drawn by another vehicle and to be attached to the towing vehicles.
COMMON OPEN SPACEAn open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
COMMON OWNERSHIPOwnership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly, as tenants by entirety or as tenants in common.
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 this Zoning chapter and upon issuance of an authorization therefor by the Planning Board.
CORNER LOTA lot at the junction of or having frontage on two or more intersecting streets. In interpreting the front, side and rear yard, the lesser dimension shall be considered the frontage of the lot and the greater dimension as the depth of the lot. If the dimensions are equal, either dimension may be considered the frontage.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading, or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen on-point pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLING, ONE-FAMILYA building containing one dwelling unit only and not occupied or designed for occupancy by more than one family. A building intended for occupancy or occupied by two or more families, with a separate and direct means of access to the outside for each family, and provided with separate cooking, sleeping and sanitary facilities for each family, separated from each other, either vertically or horizontally, shall not be construed to be a one-family dwelling.
ERECTTo build, construct, attach, hang, place, reface, suspend or affix, and shall also include the painting of wall signs.
ESSENTIAL SERVICEThe erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or aerial gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cable, fire alarm boxes and signals, light stations, telephone lines, hydrants and other similar equipment and adequate service by such public utilities or municipal, state, county, regional or federal agencies or for the public health, safety or general welfare.
EXISTINGAny building or structure or use that was in existence on the effective date of this chapter.
EXPANSIONAn increase in the amount of floor area used for an existing use.
FAAThe Federal Aviation Administration.
FAMILYAny group of two or more persons living together as a single housekeeping unit and sharing cooking, sleeping and sanitary facilities to the exclusion of other occupants of the same building.
FAMILY, LOW-INCOMEA household with a gross aggregate family income which does not exceed 50% of the regional median income with adjustments for household size.
FAMILY, MODERATE-INCOMEA household with a gross aggregate family income which is greater than 50% of the regional median income, but which does not exceed 80% of said regional median income, with adjustments for household size.
FARMER'S MARKETAn open-air location where vendors sell locally grown fruits and vegetables, baked goods, plants and flowers.
FCCThe Federal Communications Commission.
FENCEAny artificially constructed barrier or wall of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials.
FLAG LOTA lot that does not have a continuous width from the street to the building setback line at least equal to the minimum street frontage required. For purposes of this definition, the portion of the lot abutting an improved street shall not be declared to be a private street so as to defeat the intent and purpose of this chapter.
FLOOR AREAThe sum of the horizontal areas devoted to a use, including all sales, office, service, and storage space, measured from the exterior faces of exterior walls, the center line of party walls separating two buildings, or the center line of walls separating the uses. The floor area devoted to a use shall normally include the entire floor devoted to such use. In computing floor area per establishment, when several uses share one floor, the publicly used spaces such as halls, elevator shafts, stairwells, and bathroom facilities shall be considered as divided among several uses proportionate to the private and separate spaces devoted to each use.
FLOOR AREA, BUILDINGThe sum of the gross horizontal areas of all floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding roof areas but including cellar and basement areas used for storage or for the operation or land maintenance of the building and any and all parking structures or areas attached thereto, under or within the building.
GARAGE, PRIVATEA detached accessory building or portion of the principal building used for the storage of a passenger vehicle or vehicles or commercial vehicles having no more than two axles and owned or used by the occupant of the principal building. A minimum clear dimension of nine feet wide by 18 feet long shall be required per vehicle.
GARDEN APARTMENTA building or group of buildings situated on the same lot containing dwelling units intended as the residences for families on a rental basis or as a condominium or cooperative and conforming to the requirements in §
34-6.
GROUND ARRAYThe installation of solar panels on the ground or on a structure that has the sole primary purpose of supporting the solar panels.
HEIGHTMaximum height of all structures shall be determined from the highest point, excluding chimneys, to the lowest adjacent grade, excluding basement walk-outs, measured at the minimum of four outermost corners of the structure, offset six feet from the structure. The maximum height shall be the average of these measurements.
HEIGHT, ANTENNA/TOWERWhen referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
HOME OCCUPATIONAn accessory use which is customarily carried on in a dwelling unit; is carried on by an occupant of the dwelling unit; clearly incidental or secondary to the residential use of the dwelling unit, and is conforming to all requirements of this chapter. This use shall be carried on in the principal structure.
HOSPITALA state-accredited institution where persons are given inpatient and/or outpatient medical and surgical care, excluding institutions exclusively for mental patients and drug addicts.
HOTELA building or buildings used primarily to provide shelter for overnight and resident guests for compensation with at least five sleeping rooms.
IMPERVIOUS LOT COVERAGEThat portion of a lot which is occupied by buildings, accessory structures, paved surfaces, structures, macadam, or other impervious materials. Aboveground or in-ground pools are not considered impervious (used for site drainage calculations).
IMPROVED LOT COVERAGEThe percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to paved or gravel driveways, parking areas, garages, stepping stones, pavers, decks, walkways, in-ground pools and other man-made improvements. Aboveground pools are not considered "improved coverage."
INSTITUTIONAL USEA nonprofit public or quasi-public use such as a church, school, library, hospital, club, lodge and fraternal, civic, service or charitable organization.
INTERMITTENT STREAMA surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
LAKE, POND, OR RESERVOIRAny surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
LOT AREAThe total square unit contents included within lot lines.
LOT CORNERA parcel of land at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. Any lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
LOT FRONTAGEThe length of the front lot line or the length of a lot having frontage upon an improved street consistent with the standards for streets and roads established by the Borough.
LOT, DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
LOT, WIDTHThe distance between the side lines, measured parallel to the front lot line at the required front yard setback line.
MEDICAL OFFICEA premises where human patients are treated by one person or group of licensed or certified medical professionals practicing any form of healing or health building service to humans, whether the practitioners are physicians (i.e., medical doctors), chiropractors, dentists, osteopaths, podiatrists, nurse practitioners, physicians assistants, or any similar medical profession that is licensed to prescribe pharmaceuticals, the practice of which is regulated by New Jersey law.
MIXED USEA mixture of compatible commercial, office and residential land uses. It is based on an integrated, comprehensive design with respect to the location and relationship of the buildings, parking, landscaping, open space, roadways and walkways.
MOTOR VEHICLE REPAIR SHOPA business which services and repairs motor vehicles without the sale of gasoline or other fuels, but not including facilities for body repair work or painting or for an automatic car wash.
MOTOR VEHICLE SERVICE STATIONA building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and/or lubricating oil, and/or diesel fuel, but not including liquid propane or bottled fuels, which business may or may not include facilities for servicing motor vehicles, but shall not include facilities for body repair work or painting or for an automatic car wash.
NONCONFORMING LOTA lot with the area, dimension or location which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREA structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OFFICIAL MAPThe map adopted in accordance with N.J.S.A. 40:55D-32 et seq., or any prior act authorizing such adoption. Such map shall be deemed conclusive with respect to the location, width and extent of streets and other areas shown thereon, as provided in N.J.S.A. 40:55D-32.
OPEN SPACEAny 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 buildings, structures, street and off street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER, SOLAR SYSTEMThe individual or entity that intends to own and operate the solar energy system in accordance with this chapter.
PARKING AREALand or any part of a building used for the parking of motor vehicles.
PARKING SPACEAn off-street space, open or enclosed and paved or graveled, which is accessible and available at all hours when the building which it serves is in use for the parking of one passenger vehicle or a commercial vehicle with no more than two axles and owned or used by the occupant of the principal building.
PERENNIAL STREAMA surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map in the County Soil Surveys.
PERSONAny person, individual business entity, partnership, association, corporation, company or organization of any kind.
PERSONAL SERVICESAn establishment primarily engaged in providing services involving the care of a person or his or her personal apparel, such as laundry, including cleaning and pressing services; linen supply, diaper service; beauty shops; hair salon; barbershops; shoe repair; funeral services; steam baths; health clubs; clothing rental; locker rental; porter service; and domestic services.
PLACE OF AMUSEMENTAny place wherein are located any mechanical amusement devices for the playing of games, commonly known as pinball machines, shooting galleries, mechanical grabbing machines or any game, operation or transaction similar thereto, under whatever name it may be indicated, whether or not a prize is offered and whether mechanical, electrical or electromechanical or otherwise operated, including any game of skill or chance, or both, played and operated with or without numbers, symbols or figures.
PLANNED RESIDENTIAL DEVELOPMENTAn area of a minimum contiguous acreage as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate residential uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENTAn area of a minimum contiguous acreage as specified by ordinance to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasipublic, commercial or industrial areas in such ranges of ratios of nonresidential use to residential uses as shall be specified in this chapter.
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNASAny tower or antenna for which building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
PREMISESA building or structure, or a piece or tract of land or real estate, vacant or otherwise.
PRINCIPAL/PRIMARY USEThe predominant use of the premises. Any use operated by the same corporate entity shall not be construed as a separate use.
PRIVATE SCHOOLAn institution of education whose general course work is comparable to the public school system whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PROFESSIONAL OFFICELawyers, engineers, architects, real estate, insurance, non-drug-prescribing psychologists, psychiatrists, etc.
PUBLIC AREASPublic parks, playgrounds, trails, paths, and other recreation areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC BUILDINGSAny building owned or operated by the Borough of Midland Park, Bergen County, State of New Jersey or the United States, or any of their duly authorized agencies or administrative units, including a school district.
RESIDENTIAL CLUSTERAn area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITYThe number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development as may be specified by this chapter.
RESTAURANTFood service establishments that allow for patrons to be seated typically in excess of 15 minutes.
RESTAURANT, DRIVE-THROUGHAn establishment in which food or drink is served to customers within automobiles outside of the confines of the building and where the consumption of such food or drink is intended to occur off the premises, and which may or may not also allow for the consumption of food or drink inside the building.
RESTAURANT, OUTDOOR CAFEAny eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private property pursuant to the Land Use Ordinance. To qualify as an outdoor cafe, the eating establishment must have interior seating. See Ord 4-18.
RESTAURANT, QUICK SERVICETakeout with or without limited capacity for seated patrons or stand-up consumption up to 15 minutes.
RETAIL STORE/SHOPA building or part thereof in which or from which merchandise is furnished directly to the public.
RIPARIAN ZONEThe land and vegetation within and directly adjacent to all surface water bodies including, but not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula.
SECONDARY USEA use with no direct connection to the principal use such as a franchise or concession.
SHEDAn accessory structure used for storage. The structure shall not be habitable and shall not have an exterior staircase to the attic or second floor area.
SIGNAny device, freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon or in (to the extent provided herein) any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service, event or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure unless specifically set forth in this chapter. For the purpose of this chapter the word "sign" does not include the flag, pennant, or insignia of any nation, group of nations, state, city, or other political unit.
SIGN, AREA OFThe maximum projected area of the oblong parallelogram, or other shape, which encloses the sign structure, device or representation. For a freestanding or projected sign, the area of all surfaces used as a sign or for sign purposes shall be included and totaled, except that a sign may have a second opposing face which shall not be counted toward the total sign area. For a freestanding sign, the structure supporting the sign area shall not be included in the calculation.
SINGLE OWNERSHIPOwnership by one person or by two or more persons, whether jointly, as tenants, by the entirety or as tenants in common, of a separate parcel of real property not abutting land in the same ownership.
SOLAR ENERGY SYSTEMA solar system and all associated equipment, including any base, foundation, structural support, wire, batteries or other components necessary to fully utilize the solar system.
SOLAR PANELSAn elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes the flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy or array.
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPAA 300-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
STORYThat portion of a building exclusive of cellars, but inclusive of basements, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFThat portion of a building situated above a story and having at least two opposite walls meeting a sloping roof and having a headroom of at least five feet, whose area shall not exceed 60% of the area of the floor below.
STREETAny road, avenue, lane or other way commonly used by the public for vehicular movement and determinable from official roads on file in the County Recording Office.
STRUCTUREAn object consisting of one or more materials which is constructed, or erected below, upon or above grounds or an object attached to one or more materials which is constructed, or erected below, upon or above ground. This shall not be construed to include any type of mobile vehicle. The term structure shall include the term "building".
SUPERMARKETA retail establishment primarily selling prepackaged food products and household goods and supplies as part of its primary use, with a gross floor area of more than 25,000 square feet. Separate uses within the building shall not exceed 10% of the retail floor area.
SURFACE WATER BODY(IES)Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIESA species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TOWERAny structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
TOWNHOUSEA building or structure designed for or occupied by no more than one family and attached to other similar buildings or structures by not more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family of the townhouse. For purposes of this chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
TRAILERAny vehicle mounted on wheels or on a truck body or chassis, movable either by its own power or by being drawn by another vehicle, which is initially designed or converted to be used for living or sleeping quarters, including mobile homes. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed.
TROUT MAINTENANCE WATERA section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATERA section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
USEThe specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VETERINARY OFFICEAn office for animal treatment. Facilities for overnight stay are permitted for treatment use only and not boarding.
WAREHOUSEA building in which products, goods, materials, or merchandise are stored and including the display and/or sale of wholesale merchandise.
WINDOWAny opening in the exterior wall or roof of any structure for the purpose of admitting air or light whether or not covered with glass, plastic or other covering.
WINDOW SPACEThe aggregate square footage of all windows on any given side and any given story of any structure 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 herein permitted.
YARD, FRONTAn open unoccupied space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line.
YARD, REARAn open unoccupied space extending across the full width of the lot lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured parallel to and at right angles to the rear property line.
YARD, SIDEAn open unoccupied space between the side line of the lot and the nearest line of the principal building extending from the front to the rear yard. The width of the side yard shall be measured parallel to and at right angles to the side line of the lot.
ZONING CERTIFICATEA permit issued by the Zoning Officer which attests that the premises or building complies with all provisions of this chapter.