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Mountain Lakes City Zoning Code

ARTICLE I

General Provisions

§ 245-1 Short title.

This chapter shall be known and may be cited as the "Land Use and Zoning Ordinance" of the Borough of Mountain Lakes.

§ 245-2 Purpose; enforcement; violations and penalties.

A. 
The purpose of this chapter shall be to exercise the authority delegated to municipalities under the Land Use Law, N.J.S.A. 40:55D-1 et seq., to regulate development and the use of land in conformance with the purposes of such law.
B. 
The provisions of this chapter shall be administered by the Borough Planning Board and enforced by the Construction Official, Code Enforcement Official, Zoning Officer, or such other officer or employee designated by the Borough Manager. Such official may refer any matter to the Planning Board or Zoning Board of Adjustment for determination if within that Board's jurisdiction.
C. 
Penalties for violation of any provision of this chapter shall be as set forth in Chapter 1, § 1-17 of this Code.
D. 
Any matters which are not expressly regulated by this chapter shall be governed by those applicable provisions of the Municipal Land Use Law. In the event of any conflict between the Land Use and Zoning Ordinance of the Borough of Mountain Lakes and the Municipal Land Use Law, the terms of the Municipal Land Use Law shall control.

§ 245-3 Definitions.

Certain words, phrases and terms in this chapter are defined for the purpose thereof as follows, unless the context otherwise requires. Additional definitions of a special nature will be found in the respective chapters. If any definition conflicts with the provisions of the Municipal Land Use Law, the provisions of the Municipal Land Use Law shall govern. If this chapter adds any provisions concerning definitions, which provisions are not contained in the Municipal Land Use Law, the provisions of this chapter shall govern.
ACCESSORY STRUCTURE
A structure naturally and normally incidental and subordinate to the main structure on the premises.
ACCESSORY USE
A use naturally and normally incidental and subordinate to the main use of the premises.
ADMINISTRATIVE OFFICER
The administrator appointed by the Borough Manager. This administrator may serve as the Secretary of the Planning Board and/or the Zoning Board of Adjustment. Also, more generally, "administrative officer" shall be defined as the term is used in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., when appropriate to the context.
ADULT DAY-CARE FACILITY
A nonresidential facility typically operating several hours per day, providing meals, social and recreational activities, transportation, personal care and counseling under general supervision for elderly persons and/or persons with disabilities.
AFFORDABLE HOUSING
A residential dwelling which is sold or rented at a rate within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4.[1]
ALTERATION
A change or rearrangement in a structure or the structural parts of an existing facility or an enlargement, whether by extension of a site or by increasing in size or height, or by moving from one location or position to another.
ANTENNA
Any exterior transmitting or receiving device that transmits, receives, magnifies, captures or radiates electromagnetic waves, digital signals, analog signals and radio frequencies.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application or appeal form and all accompanying documents required for approval of a subdivision plat, site plan, cluster development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health that provides apartment-style housing, congregate dining, and provides assisted living services available when needed. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
ATTIC
A space, under a sloping roof, in which the possible floor area with headroom of five feet or more occupies less than 40% of the total floor area of the story directly beneath.
AUTOMOTIVE SERVICE STATION or GASOLINE STATION
A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including sale of accessories, greasing, oiling and light motor service on the premises.
BASE STATION, EXISTING
Any lawfully existing structure other than a tower that, at the time of review or consideration, already supports or houses lawfully existing FCC-licensed or FCC-authorized wireless transmission equipment, even if such structure was not initially built for the sole or primary purpose of supporting or housing wireless transmission equipment.
BASE STATION, PROPOSED
Any proposed or lawfully existing structure other than a tower that is being proposed to be used to support or house FCC-licensed or FCC-authorized wireless transmission equipment and which does not, at the time of such proposal, already support or house wireless transmission equipment.
BASEMENT
That portion of a building that is partly or completely below grade. See also "story above grade."
BEDROOM
A room planned, used or intended primarily for sleeping.
BLOCK
An area comprised of individual lots as identified on the tax maps of the Borough of Mountain Lakes.
BOARD OF ADJUSTMENT
Zoning Board of Adjustment.
BUILDING
A combination of materials, having a roof, to form a construction or structure adapted to permanent, temporary or continuous occupancy.
BUILDING COVERAGE
That area of a lot which is directly occupied by a building or structure, but not including uncovered walkways, steps, patios, a parking lot or any similar improvements thereto. See also "improved lot coverage."
BUILDING ENVELOPE
That portion of the lot area located within applicable setback lines required in Schedule I[2] of Chapter 245, available to be used for the placement of buildings and associated improvements.
BUILDING HEIGHT
A. 
RESIDENTIAL ZONESThe vertical distance measured from the average elevation of either the existing (original) or finished grade, whichever is lower, at the front of the building to the highest point of the roof, excluding chimneys. The average elevation shall be determined by taking measurements at approximately ten-foot intervals, six feet from the building wall, and averaging them. When a building faces on more than one street, each such elevation shall be considered a front elevation, and the height shall be measured on each street. In such a case, each height must meet the bulk requirements specified in Schedule I.[3] See also § 245-87.
B. 
NONRESIDENTIAL ZONESThe vertical distance measured from the average elevation of the finished grade at the front wall of the structure, or above the highest street if the property faces two streets. Chimneys, utility and mechanical equipment, parapet walls, cornices and similar projections shall not be included in calculating building height; provided that any roof-mounted projections cover no more than an aggregate total of 5% of the roof area and that parapet walls, cornices, and similar architectural projections do not exceed the necessary height to screen roof-mounted utility structures or other equipment.
BUILDING PERMIT
Construction permit.
BUILDING, PRINCIPAL
A building or structure in which is conducted the principal use of the site on which it is situated.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section III of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
CAPITAL IMPROVEMENT
Governmental acquisition of real property or major construction project.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHANNEL
A watercourse with a defined bed and banks which confine and conduct continuously or intermittently flowing water.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of electric vehicle supply/service equipment (EVSE) as follows:
A. 
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
B. 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
C. 
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
CHILD-CARE CENTER
Any home or facility, by whatever name known, which is maintained for the care, development or supervision of six or more children under six years of age, who attend for less than 24 hours a day, or any such facility for which a license is required from the State of New Jersey.
CLUB
An organization, corporation or association operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain.
CLUSTER DEVELOPMENT
An area to be developed as a single entity according to a plan containing residential units that have a common or public open space area as an appurtenance.
CODE ENFORCEMENT OFFICIAL
A person appointed by the Borough Manager to enforce and administer the Uniform Construction Code, building subcode, fire subcode, plumbing subcode, and all applicable chapters of this Code as required and may issue summonses for violations thereof.
COLLOCATION
Use of a common wireless telecommunications facility or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications facility on a structure owned or operated by a utility or other public entity.
COMMON OPEN SPACE
An open space area within a site designated as a cluster development and designed and intended for the use and enjoyment of residents of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the common use or enjoyment of residents and owners of the development. See also "open space" and "public open space."
COMPLETE APPLICATION
An application form completed as specified in this chapter and certified as such by the administrative officer.
CONCEPT PLAN
Information in the form of text, maps or oral presentations that enables the Board to conduct a brief and informal review of an application for development, prior to the filing of a complete application, for the purpose of advising the applicant on general procedures and design questions. See also "plat, sketch."
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning regulations and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION OFFICIAL
A person licensed by the State Department of Community Affairs as a building subcode official and who may also be appointed by the Borough Manager to act as Zoning Officer.
CONSTRUCTION PERMIT
Certification by the Construction Official that the plans are in conformance with the applicable ordinances and that construction may be initiated.
CONTRIBUTING DWELLING
A. 
One of the dwellings that:
(1) 
Were constructed on or before December 31, 1938;
(2) 
Are listed as "contributing buildings" within the Mountain Lakes Historic District in the National Register of Historic Places Registration Form for the Mountain Lakes Historic District; and
(3) 
Have not been demolished; and
B. 
Such other structures as are designated as "contributing dwellings" by ordinance upon the recommendation of the Committee and the Planning Board.
C. 
All contributing dwellings shall be found listed on Schedule II of this chapter.[4]
CONVENTIONAL DEVELOPMENT
Development other than cluster development.
COUNTY DEVELOPMENT STANDARDS
The current land development standards of the County of Morris, New Jersey, as adopted by the Morris County Board of Chosen Freeholders and as amended or supplemented, pursuant to N.J.S.A. 40:27-6.1 et seq.
CRITICAL ENVIRONMENTAL AREA
Any area which is environmentally sensitive, such as the prime aquifer area, or which, if disturbed during construction or operation of the proposed development, would adversely affect the environment, including but not limited to stream corridors, flood hazard areas, steep slopes, highly erodible soils, areas of high water table and mature stands of native vegetation.
CUL-DE-SAC OR DEAD-END STREET
A street or portion of a street to which accessibility is limited to only one means of vehicular ingress or egress.
CUT
A portion of land surface or area from which earth has been or will be removed, dug, quarried, uncovered, displaced or relocated. Synonymous with "excavation."
DAYS
Calendar days.
DEDICATION
The transfer of property from private to public ownership for the purpose of public usage of such property.
DEMOLITION or DEMOLISH
When used in connection with a historic resource, the razing, dismantling or destruction, whether entirely or in significant part, of any contributing dwelling or historic building, structure, site, object or improvement.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DEVELOPER
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 any other person having an enforceable proprietary interest in such land.
DEVELOPER'S AGREEMENT
A contract between the Borough Council and a developer concerning the implementation of, and guaranties for, development plans.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining excavation or landfill; and any use or change in the use of any building or other structure or land, or extension of use of land, for which permission may be required, pursuant to the Municipal Land Use Law.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law or adopted as part of this chapter.
DISH ANTENNA
A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and including control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or the prevention or alleviation of flooding.
DRAINAGEWAY
The topographical pattern or system of drainage of surface water runoff on a particular site which carries surface water in a natural drainage flow or watercourse. See "public drainageway."
DRIVE-IN RESTAURANT
An establishment where food and/or beverages are served or delivered through a window or other opening in the building to customers located outside the building, whether in motor vehicles or otherwise. Shall be synonymous with "drive-through restaurant" or "restaurant with drive-through facility."
DWELLING
Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Rooming or boarding houses and other similar group quarters and institutional living space shall not constitute a dwelling as defined in this chapter.
DWELLING UNIT
One or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
EASEMENT
A right given by the owner of land to another private or public party for specific limited use of such land.
EDUCATIONAL PLAY CENTER
A multipurpose children's activity space devoted to learning, recreation and entertainment, which may offer classes and organized events such as birthday parties, and which may include accessory retail sales.
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state. Educational uses shall also include institutions of higher education duly licensed by the State Office of the Secretary of Higher Education.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing tower or base station that does not substantially change (as defined in § 245-93) the physical dimension of such tower, base station or equipment, and involving collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Planning Board or Zoning Board.
ENVIRONMENTAL COMMISSION
A municipal advisory body established in Chapter 9.
ENVIRONMENTAL IMPACT STATEMENT
A written report with illustrations, prepared in accordance with the requirements of this chapter, which identifies the environmental, social or economic conditions which may be changed, and the extent to which they may be changed, by a proposed development.
ENVIRONMENTAL ORDINANCE
Chapter 102 of the Code of the Borough of Mountain Lakes.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of a wireless telecommunications tower, or surrounding, adjacent to, within or upon a wireless telecommunications base station, in which wireless transmission equipment is located.
EROSION
The detachment and movement of soil or rock fragments by the action of water, wind, gravity, or ice.
EVSE, PRIVATE
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE, PUBLICLY-ACCESSIBLE
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
EXCAVATION
Any act by which land or rock is cut into, dug, quarried uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing surface of land prior to grading, excavation or other land disturbance.
FAMILY
Synonymous with "household."
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FILL
Sand, gravel, earth or other materials of any composition placed or deposited by any person or persons.
FINAL APPROVAL
The official action of the Planning Board or Zoning Board of Adjustment taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
See "plat, final."
FLOOD DAMAGE POTENTIAL
The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.
FLOOR AREA
The sum of the gross horizontal areas of all stories, stories above grade, half stories, stairways, garages, breezeways, porches, and decks of all buildings on site, as measured from the exterior surface to the outside walls or roof of the building or from a center line of the wall separating two structures. Floor area shall be calculated for the corresponding building type and subject to the exceptions specified herein:
A. 
For residential uses, floor area shall be the sum of the gross horizontal areas of:
(1) 
All stories, stories above grade, half stories and stairways of all principal buildings on site.
(2) 
Garages and sheds except that the first 500 square feet of aggregate area shall be excluded.
(3) 
Roofed breezeway, porches and decks, which are open or enclosed solely by screening, except that the first 500 square feet of aggregate area shall be excluded.
(4) 
Floor area shall exclude attics, basements, port cocheres, and unroofed porches and decks.
B. 
For all other non-residential uses, floor area shall be the sum of the gross horizontal areas of all floors of a building, including halls, stairways, elevator shafts, attached porches, and balconies but excluding basement areas used only for storage or for the operation and maintenance.
FLOOR AREA RATIO (FAR)
The sum of the floor areas of all buildings or structures expressed as a percentage of the total area of the site. For single-family dwellings involving a room with walls at least five feet in height and a cathedral ceiling or similar architectural treatment to create volume spaces within the room, each one square foot of floor area shall be counted as follows for purposes of FAR according to the ceiling height:
A. 
Five to 9.99 feet: one square foot.
B. 
Ten to 13.99 feet: 1.5 square feet.
C. 
Fourteen to 16.99 feet: two square feet.
D. 
Seventeen feet or higher: 2.5 square feet.
FRONT YARD
An open space which lies between the setback line of the principal building and the front lot line.
FRONTAGE
See "lot frontage."
GARAGE
A building or roofed structure primarily intended for the storage of one or more vehicles. A garage maintained for the resident occupant of the premises and in which no service is rendered to the public or business conducted is a private garage. Any garage other than a private garage is a public garage.
GRADE
A. 
The finished ground elevation of a property at project completion.
B. 
The slope of a street, path, swale or other surface expressed as a percentage.
GRADE PLANE
A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground slopes away from the exterior walls, the reference plane shall be established by the lowest points between the building and a point six feet from the building. Finished ground level shall be measured at ten-foot intervals at a point six feet from the building utilizing either existing or proposed grades, whichever is lower.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof, and includes the land in its cut or filled condition.
HAZARDOUS SUBSTANCES
Substances that are dangerous or potentially detrimental to health, safety and welfare; those elements and compounds, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection and Energy and which shall be consistent, to the maximum extent possible, with, and which shall include, the list of hazardous substances adopted by the Federal Environmental Protection Agency pursuant to Section 311 of the Federal Water Pollution Control Act, Amendments of 1972, Pub. L. 92-500 (33 U.S.C. § 1321), as amended; and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. § 1317); except that sewage and sewage sludge shall not be considered as hazardous substances for the purposes of this chapter.
HEALTH AND FITNESS FACILITY
An establishment open to the public on a membership basis which provides facilities for personal training, aerobic exercise, running and jogging, weight training and strength conditioning, game courts, swimming facilities and exercise equipment and which may include accessory sauna/steam rooms, showers, lockers, spa treatments, including massage, snack/juice bars and accessory retail sales of related sports apparel and equipment.
HEIGHT
Building height.
HISTORIC DISTRICT
The Mountain Lakes Historic District in the New Jersey Register of Historic Places and the National Register of Historic Places.
HISTORIC RESOURCE
Any buildings, structures, sites, objects, improvements or landscapes which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of the state, its communities or the nation and that has been so designated, pursuant to state or federal laws.
HOME OCCUPATION
An activity carried out for gain by a resident and conducted within the resident's dwelling unit.
HOUSEHOLD
Any number of individuals related by blood, marriage or adoption, or a limited number of individuals unrelated by blood, marriage or adoption, living together as a single housekeeping unit and using rooms, sanitary and cooking facilities in common. The number of unrelated individuals in a household shall not exceed the number of bedrooms in the dwelling unit. One on-site parking space shall be provided for each car owned by a resident. This definition shall not be construed to exclude up to two domestic employees in addition to a family related by blood, marriage or adoption, nor to exclude foster children living with such family in a regular parent-child relationship.
IMPROVED LOT COVERAGE
That portion of a lot which is improved or is proposed to be improved with principal and accessory buildings or structures; driveways, paved or otherwise; breezeways, porches or roofed decks; pools, patios; parking lots; pedestrian walkways; signs, walls or other impervious man-made improvements on the ground surface.
INDOOR COMMERCIAL RECREATION USE
An establishment where entertainment or recreation services are provided to the general public, and for which user fees are charged. Uses include, but are not limited to roller and ice skating rink, indoor climbing gyms, gymnastics centers, bowling alleys, arcades, escape rooms, billiards and virtual experience centers.
INFORMAL REVIEW
A review by the Planning Board of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
INSTITUTIONS
Schools, churches, clubs, libraries and public facilities (other than municipal), but not including hospitals, assisted living facilities, or convalescent or nursing homes.
INSTRUCTIONAL SCHOOLS AND STUDIOS
Establishments which provide classes and workshops for dance, yoga, pilates, culinary arts and crafts, music, martial arts, academics and athletics.
INTERESTED PARTY
Any person or legal entity whose right to use, acquire or enjoy property is or may be affected by any action taken by the Planning Board or the Board of Adjustment under this chapter.
LAND
Any ground, soil, or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LAND DISTURBANCE
Any activity involving the clearing, excavating, storing, grading, filling or transportation of soil, or any other activity which causes soil to be exposed to the danger of erosion.
LOADING AREA
An on-site accommodation for the parking of a commercial vehicle during the process of transferring articles, materials, goods or merchandise between the vehicle and a building.
LOT
A designated parcel, tract or area of land, established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit. The fact that a parcel, tract or area is designated as a separate lot on the Borough tax map does not mean that it meets this definition.
LOT AREA
The area contained within the lot lines but not including any street right-of-way.
LOT COVERAGE
See "building coverage" or "improved lot coverage," as applicable.
LOT DEPTH
The mean distance between the front and rear lot lines measured in ten-foot intervals throughout its width parallel to a line connecting the midpoints of the front and rear lot lines.
LOT DIMENSIONS
The Planning Board may modify the method of computing the lot dimensions when required by unusually shaped lots where literal enforcement would be impracticable or would be contrary to the intent of the chapter.
LOT FRONTAGE
The distance between the side lot lines at their foremost points where they intersect with the street line, measured in a straight line. The street frontage of a corner lot shall be considered to be the distance between the side lot line and the street side lot line projected to meet the front lot line.
LOT LINE
A line of record bounding a lot.
LOT LINE, FRONT
The lot line along the right-of-way or along a private lot road line.
LOT LINE, REAR
The lot line opposite and most distant from the front line and most parallel to same.
LOT LINE, SIDE
Any lot line other than a front or a rear lot line.
LOT, CORNER
A lot fronting on two streets at their intersection. The greater frontage of a corner lot is its depth, the lesser frontage its width.
MAINTENANCE GUARANTEE
Any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law or this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MAJOR SITE PLAN
A site plan not classified as a minor site plan.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board, pursuant to the Municipal Land Use Law.
MINOR SITE PLAN
A development plan of one or more lots not requiring variances or conditional use approval, any new street or the extension of any off-street improvement, the cost of which is to be prorated or assigned, pursuant to this chapter. Such development, as determined by the Planning Board, must be of minor extent as to both site improvements and off-site impact.
MINOR SUBDIVISION
A subdivision of land that does not result in more than three lots, including the remaining lot or parcel, or involve a cluster development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated or assigned, pursuant to this chapter. Any subsequent subdivision from any tract of land, as such tract exists at or after the time of passage of this chapter, which is submitted within a five-year period from the date of approval of the previous minor subdivision shall, for the purpose of administering the provisions of this chapter, be construed as a major subdivision.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING LOT
A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance 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.
NUISANCE
Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
NURSERY SCHOOL
See "child-care center."
NURSING HOME
A building, other than a hospital that provides health care under medical supervision and continuous nursing care for 24 or more consecutive hours to patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.
OBLIGOR
Any individual, firm, association, corporation or other legal entity and shall include either the subdivider or other owner or both as may be required by the Borough. The obligor shall be responsible for posting and executing any required performance guarantee.
OCCUPANCY, NONRESIDENTIAL
The use of any structure for any other purpose than dwelling.
OCCUPANCY, RESIDENTIAL
The use of any structure for dwelling purposes for any period of time.
OFF-SITE
Located outside the lot lines of the lot in question.
OFF-TRACT
Not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way.
OFFICE, GENERAL OR BUSINESS
A room or group of rooms used for conducting executive or administrative purposes related to business, service, or commerce, but not including professional offices.
OFFICE, PROFESSIONAL
A building, room, or group of rooms used for purposes of a recognized profession such as that of a physician, dentist, lawyer, engineer, accountant, architect and other professions requiring a like amount of education and training.
OFFICIAL MAP
A document adopted pursuant to the provisions of § 245-44.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of an application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
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 buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. See "common open space."
OWNER
An individual or other legal entity having proprietary interest in the land. Under this chapter, an owner may also be a developer.
OWNERSHIP, COMMON
Two or more contiguous parcels of real property in substantially the same ownership.
OWNERSHIP, SINGLE
A separate parcel of real property not contiguous to land in substantially the same ownership.
PARCEL
A lot or a contiguous group of lots in common or single ownership or under single control and considered a unit for purposes of development. Synonymous with "plot," "site," and "tract."
PARKING AREA, PRIVATE
Any open area used for the temporary storage of registered, operable automobiles and other vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, other than a road or other public way, used for the temporary storage of operable, registered automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers or employees.
PARKING SPACE
An accommodation for the off-street parking of one operable, registered motor vehicle, within a private or public parking area.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice, pursuant to the Municipal Land Use Law.
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
PERMITTED USE
Any use which shall be allowed subject to the provisions of this chapter.
PERSON
Any natural person or legal entity.
PET CARE AND GROOMING FACILITY
An establishment that provides temporary boarding; training, grooming and care for dogs, cats or other domestic animals or household pets. This shall not include overnight boarding of pets, the breeding or sale of animals or veterinary services customarily offered at an animal clinic or hospital.
PHILANTHROPIC INSTITUTION
A private or public organization that is organized and operated for the purpose of providing a service or carrying on a trade or business without profit and for charitable purposes, and which may provide educational, cultural, recreational, religious, or similar types of programs.
PLACE OF ASSEMBLY
A building or structure devoted to the gathering together of persons for a common reason, such as political, civic, recreational, entertainment, or social purposes, whether for the purpose of financial gain or not, but including but not limited to an auditorium, library or museum, but not including a place of worship or a public or private school.
PLACE OF WORSHIP
A building that is used for prayer and/or other religious observances and that is architecturally designed and particularly adapted for the primary use of conducting religious services on a regular basis, including a church, synagogue, temple, mosque or other space.
PLAN
Written and graphic materials describing provisions for development, including a plat for a site plan or subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities.
PLANNING BOARD
The Board established in Article II.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The final map or maps of all or a portion of the subdivision or site plan which are presented to the Planning Board for final approval in accordance with this chapter and which, if approved, shall be filed with the clerk of the County of Morris for recording in accordance with the law.
PLAT, PRELIMINARY
The maps indicating the proposed layout of the subdivision or site plan which shall be submitted to the Planning Board for preliminary approval and which meet the requirements of this chapter.
PLAT, SKETCH
The map or maps of a development proposal of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter. See also "concept plan."
PLAY EQUIPMENT
Any structure or structures erected on a residential property intended for play or recreation, including jungle gyms and swing sets but excluding basketball hoops. A playhouse shall not be considered play equipment but for all purposes shall be considered an accessory structure, building or improvement.
POTENTIAL AQUIFER POLLUTANTS
A. 
Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 CFR 116.4 and 401.15, as amended;
B. 
Any chemical listed as acutely toxic in Appendix A of the EPA Chemical Emergency Preparedness Program, Interim Guidelines;
C. 
Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class IIIA combustible liquid; or
D. 
Any material which is listed or defined as explosive, flammable, reactive or corrosive by the Department of Transportation, 49 CFR 172.101, as amended.
PRELIMINARY APPROVAL
The conferral of certain rights as to site plans and major subdivisions, pursuant to this chapter, prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PREMISES
A lot or parcel of ground, including any structures thereon.
PROHIBITED USE
Any use which shall not be allowed.
PUBLIC AREAS
Public parks, playgrounds, trails, paths, lakes, streams and other recreational areas and public open spaces; scenic and historic sites; and sites for schools and other public buildings or structures.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion. See also "drainageway."
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Borough, a Borough agency, the Board of Education, a state or county agency or any other public body for recreational or conservational uses. See also "common open space."
PUBLIC OR PRIVATE SCHOOL
An educational institution licensed by the state providing primary and secondary education through grade 12 in subjects and classes meeting the requirements of the state compulsory education laws.
PUBLIC UTILITY FACILITIES
Telephone, cable television and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public.
QUORUM
The majority of the full authorized membership of a Borough agency.
RECREATION, COMMERCIAL
Facilities operated as a business and open to the public for a fee.
RECREATION, COMMERCIAL PRIVATE
Facilities operated as a business and open only to bona fide members and guests of such organization.
RECREATION, NONCOMMERCIAL PRIVATE
Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
REPLACE or REPLACEMENT
When used in connection with a contributing dwelling or a component or feature of a contributing dwelling, the act or process of replicating any exterior architectural feature that is used to substitute for a deteriorated or extensively damaged architectural feature.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets and open space portions of a development but excluding prior easements.
RESIDENTIAL SITE IMPROVEMENT
Any street, road, parking facility, sidewalk, drainage structure and/or utility for a residential subdivision and/or site plan.
RESIDENTIAL SITE IMPROVEMENT STANDARDS
The statewide standards adopted by the New Jersey Department of Community Affairs at N.J.A.C. 5:21 governing the construction, alteration, addition, repair, removal, demolition, maintenance and use of residential site improvements.
RESTAURANT
An establishment regularly used for the purpose of providing food and refreshment for consumption by the public inside the premises. A restaurant may include the sale of takeout items (that is, food or beverage items which are ready for consumption and are packaged to be taken off the premises and consumed elsewhere), provided that the sale of such items is clearly a subordinate and incidental part of the restaurant business. It may include outdoor dining facilities subject to submission of and approval of a site plan by the Planning Board. All service is to be provided by employees of the restaurant, including cleanup of tables.
RESTORATION
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.
RETAIL BUSINESS
An establishment engaged in selling goods or services to the general public for personal or household use or consumption. Retail businesses shall include, but not be limited to, clothing boutiques, bookstores and establishments where food and/or beverage items which are prepared and ready for consumption are sold and delivered to the customer inside a building and are packaged to be taken off the premises and consumed elsewhere. They may include outdoor dining facilities subject to submission and approval of a site plan by the Planning Board. All service is to be provided by employees of the establishment, including cleanup of tables. Such business shall include, without limitation, bakeries and delicatessens.
RETAIL SALES
The sale of items on the premises directly to the consumer and not for resale.
RETAINING WALL
A structure constructed to hold back or support an earthen bank.
RIGHT-OF-WAY
The strip of land on which a street, path or municipal utility is located, owned by or dedicated to the public.
RIGHT-OF-WAY LINE
The boundary of a right-of-way.
ROAD, PUBLIC
A street which has been accepted and is maintained by the Borough, or any federal, state or county road.
ROOMER
An individual who rents or occupies, as a lodger, a room without cooking facilities, in a residence owned by another, on other than a transient basis.
ROOMING HOUSE
A building containing two or more sleeping and dwelling rooms, with or without private bath, which are rented to individuals on other than a daily or transient basis and where no meals are cooked for and served to roomers.
SATELLITE DRY-CLEANING ESTABLISHMENT
An establishment where clothes and other types of fabrics are dropped off and picked up before and after dry cleaning, which process is conducted entirely off-premises.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site of origin by air, water or gravity as a product of erosion.
SEDIMENTATION
The deposit of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SELF-STORAGE FACILITY
A building or group of buildings containing individual and private storage spaces of varying sizes available for lease or rent for varying periods of time and where the occupants have access to the facility only to store and remove their personal property.
SETBACK LINE
That line to which any principal or accessory building and any porches, patios, decks carports or similar appurtenances attached to a building, whether or not enclosed, must be set back from the street line or lot lines. The setback distance shall be measured at right angles to the street line or lot line.
SEXUALLY ORIENTED ESTABLISHMENT
A. 
An establishment or other organization, whether for profit or not, that regularly offers any one or more of the following products or services as a substantial portion of its business or operation:
(1) 
Sale, rental, use, dissemination or display of any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion picture machines, projectors or other image-producing devices where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity;
(2) 
Waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity; or
(3) 
Massage or other manipulation of a specified anatomical area or involving a specified sexual activity or administered to or by a person with any specified anatomical area not completely and opaquely covered.
(4) 
"Specified anatomical area" means less than completely covered and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola, or human male genitalia in a discernibly turgid state, even if covered.
(5) 
"Specified sexual activity" means The fondling or other erotic touching of covered or uncovered human genitalia, pubic region, buttock or female breast, or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
B. 
A hotel, motel, club or other establishment, whether for profit or not, which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or offers a sleeping room for rent for a period of time that is less than 10 hours; or allows an occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours; or provides any of the other products or services described in Subsection A(1) through (3) above.
SIGN
Any object, device, display, or structure, or part thereof, whether freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon or in any building or structure, used for visual communication to advertise, identify, display, or bring the subject thereof to the attention of the public by means of any letter, word, name, symbol, figure, number, model, insignia, design, color, illumination, projection, or representation. "Sign" shall include "billboard." See also specific definitions at § 245-114.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination as to approval of the plan by the Planning Board, pursuant to this chapter.
SOIL
Upper layer of ground consisting of rock, dirt, minerals and organic matter.
SOIL CONSERVATION DISTRICT
The Morris County Soil Conservation District, which is a governmental subdivision of this state organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
STANDARDS
Design and maintenance regulations and criteria.
STORY
That portion of a building included between the surface of any one floor and the ceiling next above it. See also "basement," "story above grade," "story, half," and "attic."
STORY ABOVE GRADE
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is more than six feet above grade plane; more than six feet above the finished ground level for more than 50% of the total building perimeter; more than 12 feet above finished ground level at any point. Finished ground level shall be measured at ten-foot intervals at a point six feet from the building utilizing either existing or proposed grades, whichever is lower.
STORY, HALF
A partial story under a roof which has the line of intersection of the roof and the wall face not more than three feet above the floor level and in which space the floor area with headroom of five feet or more occupies no less than 40% and no more than 80% of the area of the story directly beneath. Where such floor area occupies less than 40%, it shall be considered an attic. Where it occupies more than 80%, it shall be considered a story. Dormers are included in determining the story status. See also "story."
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or Borough roadway, or a street or way shown upon a plat hereto approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. "Street" shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
STREET LINE
Right-of-way line.
STRIPPING
Any activity which removes or significantly disturbs the vegetative surface cover of the land, including clearing and grubbing operations.
STRUCTURE
A 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.
SUBDIVIDER
Any owner of land commencing proceedings to effect a subdivision of land for himself or for another in accordance with this chapter.
SUBDIVISION
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 term "subdivision" shall also include the term "resubdivision." The following shall not be considered subdivisions, if no new streets are created:
A. 
Divisions of property by testamentary or intestate provisions.
B. 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
C. 
Consolidation of existing lots by deed or other recorded instrument.
D. 
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.
SUBDIVISION COMMITTEE
A committee of Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing and clarifying proposed subdivisions in accordance with the provisions in this chapter and performing such other duties relating to land subdivision as may be conferred on this Committee by the Board.
SURFACE WATERS
Temporary or permanent watercourses, water bodies where the waters are exposed to the atmosphere.
TELECOMMUNICATIONS TOWER
Any structure built for the sole or primary purpose of supporting any FCC-licensed or FCC-authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
TOWNHOUSE
A single-family dwelling attached to other similar dwellings by common walls extending from the foundation to the roof, provided with individual front and rear entrances and yards designed as an integral part of each unit, same as "townhouse unit."
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
Permission to depart from the literal requirements of this chapter.
WATER BODY
A natural or man-made permanent lake or pond fed by precipitation, surrounding drainage, springs or groundwaters. See also "watercourse" and "surface waters."
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, or other waterway in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any adjacent area subject to inundation by reason of overflow or floodwater.
WELLHEAD PROTECTION AREA (WPA)
An area described in plan view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.
WETLANDS
Areas defined as "freshwater wetlands" in the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands have the following environmental characteristics:
A. 
Hydric soils, as defined by the United States Soil Conservation Service and the United States Army Corps of Engineers, are present.
B. 
The vegetation is dominated by obligate hydrophytic vegetation, as identified by the United States Fish and Wildlife Services and used by the United States Army Corps of Engineers in determining wetlands.
C. 
The hydrology is characterized by inundation, either permanently or periodically, at mean water depths of less than 6 1/2 feet, or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation.
WIRELESS TELECOMMUNICATION TRANSMISSION EQUIPMENT
Any antennas, including panel or multimodal antennas, small cell systems (such as exterior or interior "DAS" distributed antenna systems), or dish microwave antennas, that are used in connection with any FCC-licensed or FCC-authorized wireless transmission, and all other equipment associated with and necessary to their operation, including wires, cables, cabinets, and backup power equipment.
WIRELESS TELECOMMUNICATIONS FACILITIES
Facilities for the provision of any FCC-licensed or FCC-authorized wireless transmission or wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, base stations, and wireless telecommunications equipment.
WIRELESS TELECOMMUNICATIONS TOWER
Any structure built for the sole or primary purpose of supporting FCC-licensed or FCC-authorized wireless transmission equipment.
YARD
An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as herein permitted.
ZONING BOARD OF ADJUSTMENT
The same as "Board of Adjustment," the Board established in Article III.
ZONING OFFICER
A person appointed pursuant to § 245-2 of this Code to enforce and administer the regulations in this chapter.
ZONING ORDINANCE
A code regulating the use of land in accordance with the New Jersey Municipal Land Use Law.
ZONING PERMIT
A document signed by the Zoning Officer which is required by this code as a condition precedent to the commencement of a use or the demolition, construction, reconstruction, alteration, conversion, or installation of a structure, and which acknowledges that such use, structure or building complies with the provisions of the Zoning Ordinance or an approved variance, or is a legal nonconforming use.
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
[4]
Editor's Note: Said schedule is included as an attachment to this chapter.