[Ord. No. 7-12 § 1; Ord. No. 4-10; amended 3-8-2021 by Ord. No. 03-2021]
For the purpose of this section, certain phrases and words are herein defined as follows: words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the work "lot" includes the word "plot" and "premises;" the word "building" includes the words "structure," "dwelling" or "residence;" the word "shall" is mandatory and not discretionary; and the word "may" is discretionary and not mandatory. Any word or term not defined herein shall be used with a meaning as defined in Webster's New International Dictionary of the English Language, unabridged and latest edition. Moreover, whenever a term is used in this chapter which is defined in this chapter, such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq.
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, sheds, non-portable swimming pools, guest houses and all roofed structures. Any accessory building permanently, physically and structurally attached to the principal building shall be considered part of the principal building.
ADMINISTRATIVE OFFICERThe Secretary of the Planning Board of the Borough of Ogdensburg, Sussex County, New Jersey, unless a different municipal official is designated by the Governing Body to administer certain of the responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.
ADVERSE EFFECTConditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on surrounding properties including, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowance to access the interior portion of adjoining lots or for other facilities required by this chapter.
AGRICULTUREThe cultivation of the ground, including the harvesting of crops and the production of plants, fruits and vegetables. Specifically excluded from this definition is the raising, breeding, housing, sale or use of farm animals or insects. Also specifically excluded from this definition is the cutting, lumbering or milling of any trees 12 feet in height or greater.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure, and which use communications that radiate or capture electro-magnetic waves, digital signals, analogue signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APPLICANT OR OWNERThe legal or beneficial owner or owners of a lot or of any land to be proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to section 25 or section 27 of P.L. 1975, c. 291 (C. 40:55D-34 or C.40:55D-36).
AUTOMOTIVE REPAIR SERVICESEstablishments engaged in the repair of vehicles, including the repair of mechanical systems and/or the repair of exterior and interior body damage, as limited by the restrictions of the zone in which the establishment is located.
[Added 5-13-2024 by Ord. No. 06-2024]
BASEMENTThat portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a "story" above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.
BED AND BREAKFAST ESTABLISHMENTA single building used for the primary purpose of providing sleeping quarters and limited restaurant facilities to transient travelers, and not for permanent residents (other than a resident owner, operator or manager). A transient traveler is defined as one whose stay is limited to seven consecutive days or less. Hotels and Motels as defined by this chapter shall not be considered Bed and Breakfast Establishments.
BEDROOMA room planned, used or designed primarily for sleeping. Any room greater than 80 square feet in size, in addition to a kitchen, dining room and living room, shall be considered a bedroom unless the same can clearly and convincingly be shown not to be a bedroom.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes which structure is located on a site other than the site to which the advertising relates.
BOROUGHBorough of Ogdensburg, Sussex County
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHTThe vertical distance measured to the point from the lowest elevation of the finished grade at the foundation along any side(s) of the building. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.
CARTWAYThe hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CELLAR(See definition for basement)
CHILD CARE CENTERA facility which is maintained for the care, development or supervision of six or more children who attend the facility for less than 24 hours a day, and as further defined by N.J.S.A. 30:5B-3b, as amended. This definition is specifically intended to exclude those exclusions set in the foregoing statute, and "family day-care homes" as defined by N.J.S.A. 40:55D-66.5b.
CLUB, SOCIALA private organization for social purposes in which the principal use is in enclosed buildings; accessory facilities may be included such as, but not limited to, tennis courts, pools and incidental eating and social facilities.
CO-LOCATIONThe use of a common wireless telecommunications tower or a common structure, by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by utility or other public entity.
COMMERCIAL-RECREATIONALA use intended for exhibition to the public of exhibits and displays of a scientific, historical or educational nature. Said use may include ancillary commercial, retail and recreational facilities.
COMMON OPEN SPACEAn open space area within or related to a site designated as a development, and designed intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to P.L. 1977, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hotels. Such a residence shall not be considered a health care facility, within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c.488 (N.J.S.A. 30:11B-2). "Mentally Ill Person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30-40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
CONDITIONAL USEA use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
CONSERVATION EASEMENTAn interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant of condition, in any deed, will or other instrument (other than a lease), executed by or on behalf of the owner of the land, retaining land or water areas predominantly in their natural scenic or wooded condition; or for conservation of soil or wildlife or for outdoor recreation or park use; or as suitable habitat for fish or wildlife, and to forbid or limit any or all inappropriate uses.
DWELLINGS[Amended 2-8-2021 by Ord. No. 02-2021]
APARTMENT - One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit with a building containing a retail, commercial professional office use on the first floor and one or more dwelling units on the floors above. [Added 2-8-2021 by Ord. No. 02-2021] |
APARTMENT BUILDING - A building containing three or more apartments, including units that are located one over the other. [Added 2-8-2021 by Ord. No. 02-2021] |
CONDOMINIUM - A form of ownership of real property under a master deed, providing for ownership by one or more owners of units of improvements, together with an undivided interest in common elements appurtenant to each such unit and created and established pursuant to the provisions of the New Jersey Condominium Act (N.J.S.A. 46:8(b)-1 et seq.). |
CONDOMINIUM, FLAT - A building containing a single living unit on each floor, with private bath and kitchen facilities and having more than two such units within a single building. |
DETACHED SINGLE-FAMILY - A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. |
SEMI-DETACHED SINGLE FAMILY - Two buildings on two adjacent lots joined by a party wall, each containing one dwelling unit with its own sleeping, cooking and sanitary facilities, and which is occupied or intended to be occupied for residence purposes by one housekeeping unit. |
TOWNHOUSE - One building containing at least three connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. Each dwelling unit may be a maximum of 3 1/2 stories and 30 feet in height, but nothing in the definition shall be construed to allow one dwelling unit over another. |
TWO-FAMILY - A building on one lot containing two dwelling units only, each having entrances on the first floor, intended for the residential occupancy by two housekeeping units, each living independently of each other and each unit with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement. |
EASEMENTA use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation or particular persons for specific uses.
FAMILY DAY CARE HOMEAny private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
a. A child being cared for is legally related to the provider; or
b. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FLOOD HAZARD AREALand in the flood plain subject to a 1% or greater chance of flood in any given area.
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than two-tenths of a foot.
FLOOR AREA, GROSS (G.F.A.)The plane projection of all roofed areas on a lot multiplied by the number of full stories under each roof section provided that the area under any roof overhang of four feet or less and/or any under roof parking area shall not be included in the G.F.A. calculation. Basements which satisfy applicable construction definitions of habitable space are included in the G.F.A.
FLOOR AREA, NET HABITABLE (N.H.F.A.)The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least 6 1/2 feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, utility (heating and cooling) rooms, half-stories and unfinished attics and basements.
FOWLDomesticated chickens (hens only, no roosters) or ducks kept primarily for egg laying purposes.
[Added 3-8-2021 by Ord. No. 01-2021]
GRADEThe slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.
HOME OCCUPATIONThe non-primary use of a single-family residential dwelling where a business activity for commercial gain is conducted by the owner/occupant or any member of the household. The business activity shall be within the confines of the dwelling unit or principal building. The nature of the business activity shall be limited to those where there are no regularly scheduled appointments for services to customers and where there is no need for any off-street parking facilities that would be caused by the generation of any additional traffic to and from the property that would visibly impact on the neighborhood.
HOTELS AND MOTELSA building or group of buildings consisting of individual sleeping units, with individual sanitary facilities for each said unit, which units are designed for transient travelers and not for permanent residency. Hotels and Motels are a prohibited use in all zones in the Borough of Ogdensburg.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a non-seasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.
INDUSTRIAL USEIndustrial use of a type which carry on a process within completely enclosed buildings including the manufacturing, processing, fabrication or assembly of products or raw materials which do not produce noticeable noise, vibrations, smoke, dust, odors, heat or glare outside of the building. Specifically excluded from this definition are the following uses: residential construction or conversion; auction establishments; incineration reduction, storage or dumping of slaughter refuse, rancid fats, garbage, trash, junk, dead animals or offal, except by the municipality or its agents; retail sale of products, outdoor or indoor; petroleum processing or storage of its derivatives, blast furnaces, forges; sand and gravel pits; other extractive industries; tar plants; mink or fox farms; piggeries; brothels; lumber milling or processing.
JUNK YARDAny space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof. "Junk yards" are not permitted on any lands within the Borough.
LIGHT INDUSTRIAL USESLight industrial uses are industrial operations where the manufacturing, finishing or assembly of the principal product does not involve any change in the molecular structure of any ingredient, and which does not produce noticeable noise, vibrations, smoke, dust, odors, heat or glare outside of the building. Specifically excluded from this definition are the following uses: residential construction; auction establishments; incineration reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, trash, junk, dead animals or offal, except by the municipality or their agents; retail sales of products, outdoor or indoor; petroleum processing or storage of its derivatives; blast furnaces; forges; sand and gravel pits; other extractive industries; tar plants; mink or fox farms; piggeries; brothels; lumber milling or processing; the rental of storage space, whether enclosed or not, outside of any principal building.
LOADING SPACEAn off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.
LOTAny parcel of land separated from other parcels or portions as by a subdivision plat or deed record, survey map or by metes and bounds, except that for purposes of this section, contiguous undersized lots under one ownership shall be considered one lot and, further, that no portion of an existing public street shall be included in calculating a lot boundary or lot area.
LOT AREAThe area contained within the lot lines of a lot, not including any portion of a street right-of-way.
LOT CORNERA lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have a front yard and side yards (in accordance with Section
30-602C.); and one rear yard, the said side and rear yards to be designated at the time of application for construction permit; along with an access road to be designated at the time of application approval.
LOT COVERAGEThat portion of the lot covered with impervious surfaces, including but not limited to, all buildings, structures, parking and driveways.
LOT DEPTHThe shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the mid-point of the rear lot line.
LOT DEPTH :  |
LOT FRONTAGEThe horizontal distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet measured from the centerline of the street, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width unless a lesser frontage is specified in this chapter. In the case of a corner lot, either street frontage which meets the required frontage for that zone may be considered the lot frontage.
LOT WIDTHThe straight and horizontal distance between the side lot lines at setback points on each side lot line measured an equal distance from the street line. The minimum lot width shall be measured at the minimum required building setback line. When side lot lines are not parallel, the minimum lot width at the setback line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located unless a lesser width is specified in this chapter.
Where Side Lot Lines Not Parallel, Min. Lot Width Not Less Than 75% of Frontage Unless Otherwise Specified in This Ordinance. | Frontage on Curve Reduce to Not Less Than 75% Unless Otherwise Specified in This Ordinance. |
LOT FRONTAGE LOT WIDTH  |
MAINTENANCE BONDAny security acceptable to the Governing Body to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and in accordance with this chapter.
MASTER PLANA composite of the mapped and written plans, in accordance with Municipal Land Use law, recommending the physical development of the municipality which shall have been adopted by the Planning Board.
MEAN ELEVATIONThe average of the ground level measurements computed at the four extreme corner points of any proposed or existing building.
MINING/QUARRYINGThe removal of any material (i.e. rock, ore, soil or any other mineral) from the surface or sub-surface of the land, other than for on-site construction/excavation (where a permit to build has been issued), where such material is removed from the site for any purpose. Mining or quarrying is a prohibited use in all zoning districts in the Borough of Ogdensburg.
MUNICIPAL AGENCYThe Planning Board or the Governing Body, or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NON-CONFORMING BUILDING OR STRUCTURESA building or structure which in its location upon a lot or in its size, does not conform to the regulations of this chapter for the zone in which it is located.
NON-CONFORMING LOTA lot of record which does not have the minimum size, width, frontage or depth or contain the minimum area for the zone in which it is located.
NON-CONFORMING USEA use occupying a building, structure or lot which does not conform with the use regulations for the zone in which it is located.
OFF-SITELocated outside the lot lines of the property in question but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of the street right-of-way.
OFF-TRACTNot located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.
OPEN SPACEAny parcel or land area 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, off-street parking and other improvements that are designed to be incidental that no portion of the required open space shall include any yard or setback distance stipulated in this chapter and any street right-of-way.
OUTDOOR FURNACEAny equipment, device, appliance or apparatus, or any part thereof, which is: (a) installed, affixed or situated outdoors; (b) wood, biomass and/or pellet-fed; and (c) utilized for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. This term includes but is not limited to wood boilers
PARKING SPACEAny area of not less than nine feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that the length of a parking space may be reduced to 18 feet in length, subject to the approval of the Board in those instances where a two foot overhang area exists beyond a curb and where such overhang does not interfere with any proposed and/or required landscaping. Notwithstanding any other provision of this chapter, nothing shall prohibit private driveways for detached areas, except that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTEEAny security, in accordance with the requirements of this chapter and as provided for by N.J.S.A. 40:55D-53, which may be accepted in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PERMITTED USEAny use of land or buildings as permitted by this chapter.
PLANNED BUILDING GROUPTwo or more structures constructed on a parcel of land under the ownership, control or development by a single individual, corporation, partnership or other entity. Farms and agricultural uses are specifically excluded from this definition.
PLANNED DEVELOPMENT ORGANIZATIONAn incorporated, non-profit organization operating in a Planned Development under recorded land agreement through which: (a) each occupied dwelling unit is automatically a member; (b) each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Borough; and (c) each owner and tenant has the right to use the common property.
PLANNED DEVELOPMENTSPLANNED RESIDENTIAL DEVELOPMENT - An area to be developed as a single entity according to a plan containing residential clusters and including appropriate public or quasi-public uses, all primarily for the benefit of the development. |
RESIDENTIAL CLUSTER - An 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; i.e., a multi-unit residential development in which structures are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development. |
PRINCIPAL USEThe primary purpose for which a lot or building is used.
PROFESSIONAL HOME OFFICEThe non-primary use of a residential dwelling for commercial gain by a professional person. Professional person shall be defined as a person who's occupation involves a liberal, scientific or artistic education, primarily mental rather than manual labor, requiring licensing to practice by any municipal, State or Federal government or agency. This definition, by way of example, shall include medical and dental practitioners, barbers and beauticians, attorneys, accountants, real estate and insurance agents, engineers, land surveyors, architects, and similar planning and design professionals.
PUBLIC PURPOSE USEThe use of land or buildings by the Governing Body of the Borough or any officially created authority or agency thereof.
PUBLIC UTILITY USEThe use of equipment and/or structures including telephone and electric lines, poles, water or gas pipes, mains or valves, sewer pipes, and/or related accessory equipment, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any agency of the local, State or Federal government or by any privately owned public utility, but shall exclude dumps and sanitary landfills.
QUASI-PUBLIC USESA non-profit public or private use such as a hospital, library, club, lodge, or fraternal, civic, service or charitable organization.
RESTAURANTAny establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the residential facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.
RESTAURANT, DRIVE-IN AND/OR FAST FOODAny restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served in disposable containers and/or served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles, whether brought to said automobiles by the customer or by an employee of the restaurant either inside or outside the restaurant or through a drive-up window, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.
SATELLITE DISH ANTENNAAny apparatus or structure constructed or installed out of doors with the purpose of receiving television, radio or similar waves, but excluding, however, conventional television antennae.
SERVICE STATIONLands and buildings providing for the sale of fuel, lubricant and automotive accessories. Maintenance and repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted. Additionally, no car wash operation, sale of new or used motor vehicles, parking for a fee or other activity not specifically a part of the service station use shall be permitted; except that the rental of up to three motor vehicles shall be permitted as an accessory use.
SETBACK LINEA line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. (See Appendix A
included as an attachment to this chapter).
SIGHT EASEMENT AT INTERSECTIONA triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street centerline except for street signs, fire hydrants and light standards.
SIGNAny inscription written, printed, painted or otherwise, placed on a board, plate, banner, or upon any material object or any device whatsoever, which by reason of its form, color, wording, activity or technique or otherwise, attracts attention to itself whether it be used as a means of identification, advertisement or announcement. As used in the section, the term shall apply only to such signs as are visible and intelligible to persons located outside the building. In addition to the foregoing, all signs shall conform to the provisions of the Uniform Construction Code.
SITE PLANA development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (3) any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.
MINOR SITE PLAN - Any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign, off-street parking area, or home occupation, as such accessory uses are specifically permitted in Section 30-400 of this chapter, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by Section 30-802B of this chapter and not accounting for more than 4,000 cubic feet of enclosed or roofed area; providing that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties. |
MAJOR SITE PLAN - Any development plan not classified as a minor site plan. |
SITE PLAN REVIEWThe examination of the specific development plans for a lot or tract of land. Whenever the term "Site Plan Approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SITE PLAN/SUBDIVISION REVIEW SUBCOMMITTEEA subcommittee of at least two, but up to three Planning Board members appointed by the Planning Board Chairman. In addition, the Chairman may also appoint any other individuals (not member of the Planning Board) to the subcommittee, subject to an affirmative vote of the Planning Board. The purpose of such subcommittee shall be the reviewing of site plans and/or subdivision applications prior to action by the Board to determine whether such applications comply with all chapter provisions and with other requirements relating to site plans and/or subdivisions as may be conferred on the subcommittee by the Board through a motion duly adopted and recorded.
STEALTH TOWER STRUCTUREMan-made trees, clock tower, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennae or towers.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling; rather, the underside of the highest horizontal surface separating the area above from the remainder of the structure below shall be considered a ceiling. Moreover, cellars and basements ordinarily shall not be considered stories when considering the height of a building; provided, however, that finished basements in nonresidential buildings shall be considered a story for purposes of height, floor area and parking computations in accordance with the requirements of this chapter. Finally, a half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate; and such half-story shall not be used for nonresidential uses.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway or (2) which is shown on a plat heretofore approved, pursuant to law, whether publicly or privately owned, or (3) which is approved by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plat duly filed 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; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, parking areas and other areas within the street line. For purposes of the paving design and setback requirements of this chapter for and related to streets, all "private roads" shall be considered "streets."
STREET LINEThe edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or official map, and/or by the applicable requirements of this chapter, forming the dividing line between the street and a lot.
STRUCTURE-BUILDINGA 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.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of land found by the Planning Board or subdivision committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon Court order including, but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
MINOR SUBDIVISION - Any division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing public street or streets; not involving any new street or the installation of any street improvements or the extension of municipal facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or official map and/or street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street as applicable, shall be deeded to the Borough or the appropriate governmental authority; not adversely affecting the development of the remainder of the parcel or adjoining property; not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by the Borough within the last past two years and where the subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract shown on the Borough Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision. |
MAJOR SUBDIVISION - Any division of land not classified as a minor subdivision. |
SUBDIVISION REVIEWThe examination of the specific subdivision plat for a lot or tract of land. Wherever the term "Subdivision Approval" is used in this chapter, it shall be understood to mean a requirement that the subdivision plat be reviewed and approved by the Board in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SWIMMING POOLA water-filled enclosure, whether permanently constructed of the portable type, having a depth equal to or more than 24 inches, designed, used and/or maintained for swimming or bathing purposes, including any and all buildings, structures, equipment and appurtenances thereto.
SWIMMING POOL, COMMERCIALCommercial swimming pools shall mean and include all pools associated with other than detached single-family and two-family dwellings. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
TAVERNA commercial establishment duly licensed by the State of New Jersey and the Borough of Ogdensburg to dispense and sell, on site, alcoholic beverages, primarily for consumption on the premises.
TOWER SITEThe enclosed area in which the tower and its appurtenances are located.
TRACTAn area of land composed of one or more lots and having sufficient dimensions and area to make one land area meeting the requirements of this chapter for the use intended.
VARIANCEA departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.
WIRELESS TELECOMMUNICATIONS ANTENNAEAn antenna that transmits or receives radio frequency signals for wireless telecommunications towers and the users of towers or other structures.
WIRELESS TELECOMMUNICATIONS TOWERA free-standing, vertical structure designed to support one or more wireless telecommunications antennae. The height of the tower shall not include a lightning rod.
YARD, FRONTAn open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally from a lot line drawn parallel or concentric to the centerline of the street. (See Appendix A
included as an attachment to this chapter).
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. (See Appendix A
included as an attachment to this chapter).
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved side lot lines. (See Appendix A, included as an attachment to this section).