Pompton Lakes City Zoning Code
ARTICLE II
Definitions and Word Usage
§ 190-3 General interpretation and usage.
B.
Word usage. All words used in the present tense include the future tense; all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "structure" includes the word "building"; the word "lot" includes the word "plot"; the word "used" shall be deemed also to include "occupied"; the term "erected" shall be deemed also to include "constructed", "structurally altered," "enlarged" or "moved"; and the word "shall" is mandatory and not directory. The word "Borough" means the "Borough of Pompton Lakes, Passaic County, State of New Jersey." The terms "Mayor and Council," "Board of Adjustment," "Planning Board" and "Zoning Officer" mean the respective Boards and officers of said Borough. The term "Board" shall refer to either the Planning Board or the Zoning Board of Adjustment. The word "person" shall be deemed to include "persons, corporations or partnerships," where appropriate.
§ 190-4 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
The term applied to a building, structure or use which is clearly incidental or subordinate to the principal building or use and located on the same lot with such principal building or use. Any accessory building attached to a principal building is deemed to be a part of such principal building in applying the bulk regulations to such accessory building.
A planned development designed for active older adults who seek to live in a community that offers relatively maintenance-free housing and a package of amenities, including social and recreational activities, personal services, limited health facilities and transportation.
[Added 11-28-2007 by Ord. No. 07-20]
The Zoning Officer of the Borough of Pompton Lakes.
Housing subject to the regulations of the New Jersey Council on Affordable Housing.
A person who is 55 years of age or older, consistent with the Federal Fair Housing Act, and provided that no children under 18 years of age are permitted to reside in the buildings in the community so restricted.
[Added 11-28-2007 by Ord. No. 07-20]
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
A developer submitting an application for development or for a permit required in accordance with this chapter.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Municipal Planning Board, unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
The area directly under the roof where less than 25% of the floor area has a clear height of at least seven feet, where windows are lacking or where the area is otherwise considered uninhabitable by state or local code.
A building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower or by other mechanical means.
A story partly underground, but having at least 1/2 of its clear height above the average level of the adjoining finished grade.
A mound of earth or the act of pushing earth into a mound.
[Added 11-28-2007 by Ord. No. 07-20]
That property abutting on one side of a street and lying between the two nearest intersecting and intercepting streets or railroad rights-of-way, park boundaries or waterways.
The Planning Board or Board of Adjustment of the Borough of Pompton Lakes.
Any dwelling in which more than four persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished-room house shall be deemed a "boardinghouse."
A landscaped area containing vegetation, fences, walls, landforms and such designed to separate and screen different types of uses.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
The total of areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.
A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof. In a Special Flood Hazard Area, the building height shall be measured from the base flood elevation to the highest point of the roof.
[Added 11-21-2011 by Ord. No. 11-24]
A nonaccessory building in which a principal use of the lot on which it is located is conducted.
The volume and the shape of a building or of a nonbuilding use in relation to lot lines, center lines of streets, other buildings and all open spaces appurtenant to a building or a nonbuilding use.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining finished grade or having less than four feet of its clear height above the average level of the adjoining finished grade.
A certificate issued by the Construction Official upon completion of construction and/or alteration of any building or change in use of any building or change in occupancy of a nonresidential building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.
The use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in activity which will change, alter, enlarge or affect drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations under the site plan review requirements.
A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided that there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.
Any community residential facility housing no more than 15 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1977, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any shelter approved for a purchase of service 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. 30:14-1 et seq.), 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 to such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
A facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center, and retail stores and services primarily for conference center guests.
[Added 11-28-2007 by Ord. No. 07-20]
An accessory use in an enclosed space designed, furnished and equipped to accommodate conferences or meetings.
[Added 11-28-2007 by Ord. No. 07-20]
The person appointed pursuant to that section of the Code of the Borough of Pompton Lakes, New Jersey, establishing a State Uniform Construction Code enforcing agency.[1]
A recreational facility which may be restricted to members and their guests and contain such features as a clubhouse or country club, dining and eating establishments, and recreational uses such as golf courses, tennis courts, play fields, and other customary accessory uses.
[Added 11-28-2007 by Ord. No. 07-20]
That percentage of the plot or lot area covered by the building area.
The permitted number of dwelling units per gross acre of land to be developed.
A man-made or natural water collection facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually, at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
Any component of the drainage system.
The lands required 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 therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1A-1 et seq.
The system through which water flows from the land, including all watercourses, water bodies and wetlands.
An establishment that by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. Examples are drive-up windows; menu boards; order boards or boxes; gas pump islands; car wash facilities; auto service facilities, such as air compressor, water, and windshield washing stations; quick-lube or quick-oil change facilities; drive-in theaters; and drive-up bank tellers or ATM machines.
[Added 11-28-2007 by Ord. No. 07-20]
A strip of land, whether improved or unimproved, leading from a street or road used by an individual or business and guests, invitees and licensees solely for the purpose of gaining entrance to the private residence or business establishment and not used by the general public for purposes of vehicular travel.
A single structure with two apartments (dwelling units) either side by side or one on top of the other, and with separate entrances for each of the apartments (dwelling units).
[Added 2-14-18 by Ord. No. 2018-06]
A building, or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels and motels.
A building, or entirely self-contained portion thereof, intended or designed for the nontransient residential use of one family and including complete, permanent and separate kitchen and bathroom facilities. Evidence of self-containment will include complete physical separation from other dwelling units; lockable doors; security separation from other dwelling units; access directly to the unit not through other units; payment of rental or utility costs; and separate service for utilities, mail, telephone, and cable television. No dwelling unit shall be allowed which consists solely and totally of living space within the cellar, basement or attic.
A one-family dwelling attached to two or more one-family dwellings by common vertical wall(s).
A building, or portion thereof, containing three or more dwelling units.
A building designed or used exclusively for occupancy by one family and includes one-family detached dwellings and group houses.
A building containing two or more dwelling units, each dwelling unit separated by vertical party walls, separate and apart, each having direct access to the outside and the street without use of a common hall or passageway.
A building designed for or containing two dwelling units; not the definition of occupancy by two families. See the definition of "multiple-family dwelling."
A right granted, but not dedicated, for the limited and defined use of private land for a public or quasi-public purpose and within which the owner of the property is restricted by the terms of the easement.
Services and utilities needed for the health, safety, and general welfare of the community, such as underground, surface or overhead electrical, gas, telephone, stream, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which they are located.
[Added 11-28-2007 by Ord. No. 07-20]
One or more persons living together in a permanent domestic arrangement as opposed to a transient living arrangement.
Any artificially constructed barrier of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials erected for the enclosure of land and dividing one piece from another.
Any use of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles, and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing such motor vehicles.
The official action of the Board 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.
The final map of all or a portion of the site plan or subdivision which is presented to the Board for final approval in accordance with the provisions of this chapter and which, if approved, shall be filed with the proper county office.
A building used for nonresidential purposes such as office, warehousing or distribution purposes, and designed so the interior walls may be relocated to accommodate different and/or changing needs of occupants.
[Added 11-28-2007 by Ord. No. 07-20]
The floodway and flood-fringe areas determined by the New Jersey Department of Environmental Protection under Section 3 of the Flood Hazard Area Control Act[2] (P.L. 1962, c. 19, as amended).
The flood hazard areas of delineated streams and areas inundated by the one-hundred-year flood in nondelineated areas.
The channel of a natural stream and portions of the flood hazard areas adjoining the channel which are reasonably required to carry and discharge the floodwater or floodflow of any natural stream.
The sum of the gross horizontal areas of the several floors of a building or buildings and its accessory building(s) on the same lot, except that in residential buildings the cellar, basement and attic floor area not devoted to residential use shall be excluded, but the area of roofed porches and roofed terraces shall be included. All dimensions shall be measured between the exterior faces of walls.
The floor area of all buildings on a lot, divided by the area of such lot.
An enclosed space for the storage of one or more motor vehicles, provided that no business occupation or service is conducted for profit therein nor space therein for more than one car is rented to a nonresident of the premises.
Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
A plan showing general land use, circulation, open space, utilities, stormwater management, environmental factors, community facilities, housing, and phasing for parcels of land in excess of 100 acres and proposed to be constructed as a planned development.
[Added 11-28-2007 by Ord. No. 07-20]
A tract of land laid out for at least nine holes devoted to the playing of the game of golf and improved with tees, fairways, greens and hazards and which may include clubhouses, maintenance buildings, pro shops, shelters and other similar support facilities normally associated with a golf course.
[Added 11-28-2007 by Ord. No. 07-20]
A golf course which shall be at least 3,000 yards in length for 18 holes, encompasses 40 acres to 75 acres in area, has a total par ranging from 55 to 68, and is designed according to the standards of the National Golf Foundation or other prevailing organization exercising authority or design regulation in the game of golf.
[Added 11-28-2007 by Ord. No. 07-20]
A recreational facility patterned after the game of golf, but involving only the putting stroke.
[Added 11-28-2007 by Ord. No. 07-20]
A golf course which shall be at least 6,000 yards in length for 18 holes as measured from the middle tees, encompasses 150 acres in area, has a minimum par of 72, and is designed according to the standards of the National Golf Foundation or other prevailing organization exercising authority or design regulation in the game of golf.
[Added 11-28-2007 by Ord. No. 07-20]
The completed surfaces of lawns, walks and roads brought to grades as shown on approved plans relating thereto.
Development in areas which contain existing, natural slopes in excess of 15%.
[Added 11-28-2007 by Ord. No. 07-20]
A building which has a common entrance or entrances and contains living and sleeping accommodations for 10 or more persons, for hire.
Any portable or mobile structure or vehicle used as a dwelling unit or for sleeping purposes or for the conduct of business, whether or not such vehicle or structure is attached to a foundation.
A nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government-owned or -operated building, structure or land used for public purpose.
[Added 11-28-2007 by Ord. No. 07-20]
An area of land, with or without buildings, used for or occupied by a deposit, collection or the storage, outside of a completely enclosed building, of used and discarded materials such as wastepaper, rags or scrap metal, used building materials, house furnishings, machinery, vehicles, or parts thereof, etc., with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A deposit or the storage on a lot of two or more wrecked or broken-down vehicles or parts of two or more such vehicles for one month or more in a residential district or for three months or more in any other district in the Borough shall be deemed to be a "junkyard."
A component of a development plan on which are shown proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the approving authority.
[Added 11-28-2007 by Ord. No. 07-20]
An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemicals or chemical products or the processing of any raw materials. This category includes light industrial operations such as electronic, machine parts and small component assembly.
[Added 11-28-2007 by Ord. No. 07-20]
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress and egress to a public street at all times.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The horizontal distance measured along the full length of the front lot line. In no case shall this distance be less than 50 feet in any district.
A boundary line of a lot.
That boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way.
That boundary of a lot which is most distant from and is most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a rear lot line.
The mean horizontal distance between the front and rear lot lines.
The straight-line distance between points on opposite side lot lines measured at the front yard setback line.
Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter.
A development plan for one or more lots not classified as a minor site plan.
All subdivisions not classified as minor subdivisions.
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.
A development plan not involving any new buildings, any additions to an existing building or any on-site improvements.
Any subdivision containing not more than three lots, including the remaining land fronting on an existing municipal street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Map or other provisions of this chapter.
An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate accessory or public or quasi-public uses all primarily for the benefit of the residential development.
A use, generally a principal use of land, to which the buildings on the lot, if any, are accessory, such as an open storage yard for materials or equipment and on which the buildings, if any, may be used:
That part of a building or nonbuilding use which does not conform to one or more of the applicable bulk regulations prescribing the maximum floor area ratio, maximum height per foot of distance from each lot line, length or height of a building or nonbuilding use or the minimum lot area per dwelling unit, lot frontage, yards, courts, required spacing between detached buildings on the same lot and usable open space on the lot for the district in which such building or nonbuilding use is located.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Zoning Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Zoning Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
Any use of land, buildings or structures which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which does not now comply with all of the regulations of this chapter governing use for the zoning district in which such use is located.
A school, operated on a regular basis, designed to provide daytime care or instruction for two or more children too young to enter public school.
Any structure licensed by the State of New Jersey to operate as a "nursing home."
A map adopted in accordance with N.J.S.A. 40:55D-32 through 40:55D-36. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
Any eating establishment where food and/or other refreshments are served upon the public right-of-way; namely, the sidewalks immediately in front of any restaurant, cafe or place of business where food and/or other refreshments are served, or a public plaza immediately adjacent to any restaurant, cafe or place of business where food and/or other refreshments are served. Said outdoor area shall be considered as part of the building structure and shall be limited in use only for patrons of the eating establishment. An outdoor cafe shall be a permitted accessory use for any existing permitted use which allows for the operation of a restaurant, cafe or place of business where food and/or other refreshments are served.
[Added 11-28-2007 by Ord. No. 07-20]
The keeping in an unenclosed area of any goods, junk, material, merchandise, or commercial vehicles in the same place for more than 24 hours.
[Added 11-28-2007 by Ord. No. 07-20]
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.
Land used for parking vehicles which is not open to the use of the public for purposes of vehicular travel and is not part of the street or road.
An off-street space accessible and usable for the parking of one motor vehicle exclusive of passageways and aisles appurtenant thereto.
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.
An area of a minimum contiguous or noncontiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential or other uses incidental to the predominant use as may be permitted by this chapter.
[Added 11-28-2007 by Ord. No. 07-20]
The map of a subdivision or site plan.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough for consideration and approval and meeting the requirements of this chapter.
The replenishment of underground water reserves.
Any development undertaken in a redevelopment area, designated by the Mayor and Council, pursuant to the Redevelopment Plan adopted for the redevelopment area.
[Added 7-20-2011 by Ord. No. 11-08; amended 2-27-2019 by Ord. No. 19-09]
A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, and entertainment, and where the primary attraction generally involves recreational facilities, features or activities.
[Added 11-28-2007 by Ord. No. 07-20]
An establishment at which food and drink are sold for consumption on the premises where patrons are seated within an enclosed building and served by waiters/waitresses.
A right-of-way, whether improved or unimproved, extending from one town or place to another used by the public for vehicular travel and which does not include service entrances, driveways and parking lots leading off from the road to adjoining premises.
Any person 62 years of age or older.
A multifamily dwelling designed for occupancy by senior citizens.
A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
[Added 11-28-2007 by Ord. No. 07-20]
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public or attracting public attention to an establishment or premises. The word "sign" includes the word "billboard," but does not include the flag, pennant or the insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
The area within the shortest line that can be drawn around the outside perimeter of a sign, including all decorations but excluding supports, if any, unless said supports are illuminated. In computing the area of a sign, the area of all faces of such sign shall be included. A neon tube, a string of incandescent lights or a similar device outlining any part of a building or hung upon any part of a building or lot shall be deemed to have a minimum dimension of one foot.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
A sign which directs attention to a business or profession conducted on the premises.
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, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
The sketch map of a development of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
An establishment which serves food prepared to order for consumption off the premises, having no facilities for on-site consumption but may have a waiting area, including but not limited to Chinese food, pizza, deli and bagel stores.
That portion of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this chapter.
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 heretofore 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, and includes 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. For the purpose of this chapter, "streets" shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
CULS-DE-SACAny street having only one point of ingress/egress to be measured from that single access point to its furthest extreme end. It does not include service entrances, driveways and parking lots leading from the street to adjoining premises.
A boundary line of a dedicated street; a lot line coinciding with such line.
Altered by any change in or addition to the supporting members of a structure.
Any combination of materials erected above or below the ground forming any construction, the use of which involves land disturbance, including excavation, soil removal, land filling or site clearance in or on the ground or attachment to something having a location in or on the ground, excluding vehicles.
[Added 8-13-1997 by Ord. No. 97-08]
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivision within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Division of property upon court order, including but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
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 to conform to the requirements of the development regulations contained in this chapter for frontage on an improved street, zoning district regulations and for design standards and improvement specifications; and further provided that each lot, tract or parcel of land is shown and designated as separate lots, tracts or parcels of land shown on the Official Tax Map of the Borough which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this chapter as a single parcel of land, no portion of which may be conveyed without subdivision approval as prescribed by this chapter.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members which may be appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such other duties relating to land subdivision as may be conferred on this Committee by the Board.
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
[Added 11-28-2007 by Ord. No. 07-20]
An area, parcel, site, piece of land, or property that is the subject of a development application.
[Added 11-28-2007 by Ord. No. 07-20]
A recreational vehicle, travel trailer, camper or other transportable, temporary dwelling unit, designed and constructed for travel and recreational purposes.
Any premises where one or more trailers are parked or any premises used or held out for the purpose of supplying to the public a parking place for trailers.
A person who stays and is the recipient of hospitality in a hotel, lodge, inn or bed-and-breakfast on a brief, short-lived, impermanent basis, generally less than 14 days.
[Added 11-28-2007 by Ord. No. 07-20]
The specified purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
A unique and scenic view to or from a particular point, including but not limited to mountains, lakes, farmlands, historic sites and settlements, pastures, groves, glens, and similar features.
[Added 11-28-2007 by Ord. No. 07-20]
The space on a lot extending along a lot line between such lot line and a principal building or buildings or nonbuilding use occupying such lot.
A yard extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
A yard extending the full width of the lot and situated between the rear line of the building and the rear line of the lot.
A yard situated between the building and the side line of the lot extending from the front yard to the rear yard.
The administrative officer as defined by this chapter and the Borough official responsible for the enforcement of this chapter. The Zoning Officer shall be appointed by the Mayor and Council.