Borough of Hillsdale, NJ
Bergen County

ARTICLE I
General Provisions (§ 310-1 — § 310-5) 

§ 310-1
Title. 

§ 310-2
Intent and purpose. 

§ 310-3
Word usage. 

§ 310-4
Definitions.  

§ 310-5
Terminology. 

§ 310-1 Title.

This chapter shall be known and cited and referred to as the "Hillsdale Land Use Ordinance."

§ 310-2 Intent and purpose.

It is the intent and purpose of this chapter to implement the intent and purpose of the Municipal Land Use Law (P.L. 1975, c. 291, also known as N.J.S.A. 40:55D-1 et seq.) as set forth in Article 1 thereof.

§ 310-3 Word usage.

For the purposes of this chapter, unless the context clearly requires a different meaning, the following general terms shall be construed as follows:

Editor's Note: Original Subsections (a) and (b), which immediately followed this subsection, were deleted 5-13-1997 by Ord. No. 97-8.

A. 

A term in the present, past or future tense includes either of the other two tenses.

B. 

The verb "use" includes the phrase "or designed, intended or arranged to be used."

C. 

The noun "use" shall include the actual or intended occupancy or other employment of land or of a structure.

Editor's Note: Original Subsection (f), which immediately followed this subsection, was deleted 5-13-1997 by Ord. No. 97-8.

§ 310-4 Definitions.

[Amended 2-13-1980 by Ord. 80-1; 6-8-1983 by Ord. No. 83-7; 5-8-1984 by Ord. No. 84-9; 7-10-1990 by Ord. No. 90-10]

The specific terms hereinafter set forth shall have the following meanings:

ACCESSORY USE OR STRUCTURE
A use or building customarily subordinate and incidental to the primary use or building on the same lot.
ADMINISTRATIVE OFFICER
The person, or the duly designated deputy of the person, with whom applications are filed pursuant to this chapter. The Administrative Officer for the issuance of a zoning permit shall be the Land Use Officer. The Administrative Officer for the Planning Board shall be the Secretary to the Planning Board.
[Amended 5-13-1997 by Ord. No. 97-8]
ADVERTISE
Giving, attempting to give or intending to give any notice or information or any activity which gives, attempts to give or intends to give notice, information or warning.
[Added 10-4-2011 by Ord. No. 11-17]
A. 

A residential community for permanent residents in which the residential property and related open space are owned by a condominium association or other homeowner’s association or entity. One hundred percent of the dwellings in an age-restricted housing development are occupied by at least one person age 55 or over with the following exceptions:

[Added 2-6-2007 by Ord. No. 07-01]

(1) 

One person under the age of 55 may reside in a dwelling unit if the presence of such person is essential to the physical care of the occupant that is age 55 or over.

(2) 

A spouse under the age of 55 years may reside with the spouse that is 55 years of age or over.

(3) 

A child 18 years of age or over residing with his/her parents, when at least one parent is age 55 or older and is the occupant of a unit in an age-restricted housing development.

B. 

The age-restricted housing development shall be established in accordance with the laws of the State of New Jersey and shall qualify for a “housing for older persons” exemption under the Fair Housing Act.

C. 

The homeowner or condominium association shall own all common spaces, including but not limited to open spaces, common areas, recreation areas, road area and sidewalks. The association shall be responsible for, at a minimum, collection of garbage and recyclable material, snow removal, road and sidewalk maintenance, maintenance of buffer area and other common landscape areas.

AGGREGATE SQUARE FOOTAGE
The total or collective amount of square footage.
[Added 10-4-2011 by Ord. No. 11-17]
ALTERATIONS
As applied to a building or a structure, a change or rearrangement of structural parts or existing facilities, or any enlargement or relocation, whether by extension of a front, rear or side or by increase in height or in depth or by moving from one location or position to another.
APPLICANT
A person submitting an application for development.
[Amended 5-13-1997 by Ord. No. 97-8]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance in connection with any development (as said term is hereinafter defined), including approval of a subdivision plat, site plan, conditional use, zoning variance, permit for construction within the bed of a mapped street or permit for construction of a structure not having access or not related to a street.
ATTIC
That part of a building that is immediately below and wholly or partly within the roof framing.
[Added 9-13-2005 by Ord. No. 05-14]
AWNING
Any structure made of cloth, plastic or metal with a metal frame attached to a building, projecting over as thoroughfare.
[Added 10-4-2011 by Ord. No. 11-17]
AWNING SIGNS
Awning signs shall consist of the following two types:
[Added 10-4-2011 by Ord. No. 11-17]
A. 

Type 1: A sign applied directly to a canvas-like, flexible covering that is adjustable or retractable. The covering is supported entirely from the exterior wall of a building and located over a window or door to provide protection against the elements. The awning on which such sign is located requires prior and separate approval by the Planning Board.

B. 

Type 2: A sign applied directly to a flexible translucent covering over a rigid or fixed canopy-like frame that is affixed to a building facade.

BANNER
Any temporary sign applied to paper, plastic or fabric of any kind which shall be permitted by the Code.
[Added 10-4-2011 by Ord. No. 11-17]
BASEMENT
That portion of a building that is partly underground that has more than 1/2 its interior height (measured from floor to bottom of floor joists) above the average finished grade of the ground adjoining the building.
Editor's Note: The original definition of "Board of Adjustment," which immediately followed this definition, was deleted 5-13-1997 by Ord. No. 97-8.
BRACKET
The supporting frame of a sign.
[Added 10-4-2011 by Ord. No. 11-17]
BUILDING
Any structure having a roof supported by arches, columns, piers or walls. This term shall include tents, air-supported structures, lunch wagons, mobile homes, trailers, dining cars, camp cars or other structures on wheels or having other supports.
BUILDING COVERAGE
Building coverage shall be computed by determining the first floor area of any and all structures intended to be used or occupied on a permanent or temporary basis, and shall include but not be limited to, buildings, sheds, pool houses and garages.
[Amended 4-13-2004 by Ord. No. 04-10; 9-13-2005 by Ord. No. 05-14]
BUILDING FACE or FACADE
The side of the building where the main entrance is located. The length along a ground-floor building front, substantially parallel to the lot line of street or traveled way accessible from a street, which is occupied by a separate and distinct use (see definition below), or the length along a traveled way accessible from a street, that is occupied by a separate and distinct use or by the same use that occupies the front of said building.
[Added 10-4-2011 by Ord. No. 11-17]
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof.
BUILDING LINE
A line formed by the intersection of a horizontal plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface.
CANOPY
A fixed metal frame with a fabric cover either fixed to a facade or projecting from the facade and supported from grade.
[Added 10-4-2011 by Ord. No. 11-17]
CARPORT
A roofed garage providing space for the parking of motor vehicles, which may be open on not more than three sides.
[Added 7-13-2010 by Ord. No. 10-08]
CELLAR
The portion of a building that is partly or completely underground that has more than 1/2 interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.
CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND
A certificate issued by the Planning Board Secretary certifying:
A. 

That there is in the Borough a duly established Planning Board;

B. 

That there is in the Borough an ordinance controlling the subdivision of land; and

C. 

That a subdivision has or has not been approved by the Planning Board for the land designated in the application for such certificate, and, if approved, the date of such approval and any extensions and terms thereof.

COMMERCIAL DISTRICT
The area of the Borough located within the C Commercial Zone as shown on the official Zoning Map.
Editor's Note: The Zoning Map is included at the end of this chapter.
[Added 10-4-2011 by Ord. No. 11-17]
COMMON OPEN SPACE
An open space area within a tract or related to a site designated as a development, and designed and intended as undisturbed open space or recreation for use or enjoyment of residents and owners of the development. Passive recreation improvements, including but not limited to walking paths, benches and tables, are permitted.
[Added 2-6-2007 by Ord. No. 07-01]
COMPLETE APPLICATION
An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the Administrative Officer for the purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USE
A use permitted in a particular zoning district if there has first been a showing before the Planning Board and determination by the Planning Board that such use in a specified location will comply with the conditions and standards contained in Part 4 of this chapter for the location or operation of such use.
CORNICE
Any continuous molded projection that crowns or finishes the part to which it is affixed, such as a wall or door opening; most notably, the exterior trim of a structure at the meeting of the roof and wall.
[Added 10-4-2011 by Ord. No. 11-17]
COUNTY PLANNING BOARD
The Bergen County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
[Amended 5-13-1997 by Ord. No. 97-8]
DAYS
Calendar days.
DECK
An unroofed platform, either freestanding or attached to a building or other improvement, that is supported by pillars, posts, walls or foundations.
[Added 7-13-2010 by Ord. No. 10-08]
DETACHED SINGLE-FAMILY DWELLING
A building containing one dwelling unit that is not attached to any other dwelling unit and is surrounded by open space or yard.
[Added 2-6-2007 by Ord. No. 07-01]
DEVELOPMENT
The division of a parcel of land into two or more parcels or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mine, excavation or landfill and any use or change in the use of any building or other structure or of land or extension of use of land, for which permission may be required pursuant to this chapter.
DIRECTORY SIGN
Any sign that contains listings of two or more commercial establishments that share a common entrance.
[Added 10-4-2011 by Ord. No. 11-17]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGEWAY
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.
Editor's Note: The former definition of “drive-in restaurant,” added 5-13-1997 by Ord. No. 97-8, was repealed 10-8-2002 by Ord. No. 02-12.
DUPLEX
A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.
[Added 2-6-2007 by Ord. No. 07-01]
DWELLING, MULTIFAMILY
A building designed or occupied as three or more dwelling units for three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed or occupied as a dwelling unit for one family.
DWELLING, TWO-FAMILY
A detached building designed or occupied as two dwelling units for two families living independently of each other.
DWELLING UNIT
One or more rooms constituting the common cooking, eating, sleeping, sanitary and living facilities for one family.
ELDERLY FAMILIES
The head of which either spouse is 62 years of age or over.
ENVIRONMENTAL COMMISSION
The Environmental Commission of the Borough of Hillsdale created pursuant to N.J.S.A. 40:56A-1 et seq.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or by governmental agencies, of underground or overhead gas, electric, electronic, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, antennas, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
[Amended 5-13-1997 by Ord. No. 97-8]
EXPANSION
Construction on an existing structure that results in new floor area where none previously existed.
[Added 4-13-2004 by Ord. No. 04-10; amended 9-13-2005 by Ord. No. 05-14]
FAMILY
One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel.
[Amended 12-14-1993 by Ord. No. 93-22]
FENCE SIGN
Any sign attached to a picket or board fence that has received prior and separate approval from the Planning Board.
[Added 10-4-2011 by Ord. No. 11-17]
FINAL APPROVAL
The official action of the Planning Board taken on a major subdivision after preliminary approval or on a site plan after all conditions, engineering plans and other requirements having 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
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and meeting the requirements of § 310-92 and which, if approved, shall have been filed with the proper county recording officer.
FLAG SIGN
Any sign that is constructed of fabric. A flag sign shall not include a national, state or local flag.
[Added 10-4-2011 by Ord. No. 11-17]
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of existing or new buildings or structures, compared to the total area of the property on which the structures are located, expressed as a percentage. The computation of floor area ratio includes the principal and all accessory structures and buildings, such as sheds and garages located on the lot. Habitable attic space as defined in this § 310-4 is included in the FAR calculation. Basements, cellars, and uncovered decks and patios are not included in the computation. Roofed and/or covered decks and patios are considered buildings and included in the FAR calculations. FAR computations shall be taken from the exterior face of outside walls, pillars and/or columns and include the wall thickness.
[Added 4-13-2004 by Ord. No. 04-10; amended 9-13-2005 by Ord. No. 05-14; 7-13-2010 by Ord. No. 10-08
FRONT ENTRANCE
The primary public entrance.
[Added 10-4-2011 by Ord. No. 11-17]
GARAGE, PRIVATE
A building or space accessory to a residence designed or used for the storage of motor vehicles and in which no occupation, business or service is conducted for profit.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories or the keeping of such vehicles for hire.
GRADE, FINISHED
The completed surfaces of lawns, landscaped areas, driveways, walks and roads.
GROSS FLOOR AREA TOTAL
The sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the center line of party or common walls, including:
A. 

Basement space.

B. 

Attic space, whether or not a floor has been laid, over which there is structural headroom of 7 1/2 feet or more.

C. 

Floor space used for mechanical equipment, with structural headroom of 7 1/2 feet or more.

D. 

Elevator shafts and stairwells at each floor.

E. 

Roofed porches, breezeways, interior balconies and mezzanines and penthouses.

Editor's Note: The former definition of "home professional office," which immediately followed this definition, was repealed 7-14-1998 by Ord. No. 98-11. See now the definition of "residential professional office."

HABITABLE ATTIC SPACE
An attic that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than 1/3 of the new floor below. Habitable attic space is served by a heating system and includes attic space used for living, sleeping, eating or cooking, as well as bathrooms and toilet rooms. Unheated storage and utility spaces are not considered habitable attic space.
[Added 9-13-2005 by Ord. No. 05-14]
IMPERVIOUS COVERAGE
Impervious coverage shall include all of the square footage under the definition of “building coverage,” plus driveways, decks that do not allow rain water to be directly absorbed by the ground, patios, sidewalks, walkways, decking surrounding swimming pools, tennis courts, basketball courts or other similar facilities constructed with an impervious surface. Surfaces such as brick pavers, laid stones, slate or timber with open joints shall all constitute 50% of impervious surface coverage. Surfaces such as gravel, loose stones and special paver stones with voids for grass shall constitute 25% impervious surface coverage.
[Added 4-13-2004 by Ord. No. 04-10; amended 9-13-2005 by Ord. No. 05-14]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any law of this state or of the United States have been denied, violated or infringed by an action or a failure to act hereunder.
LAND USE OFFICER
The person or persons having the duty of administering and enforcing the provisions of this chapter.
A. 

Temporary signs shall not be illuminated.

B. 

Any permanent sign permitted by the provisions of this section may be illuminated subject to the following limitations:

(1) 

Flashing signs, highly reflective glass or fluorescent paint and illuminated tubing outlying roofs, doors, windows, or wall edges of a building are prohibited.

(2) 

No action or moving illumination shall be permitted.

(3) 

No illumination is permitted which may cause confusion or interference with traffic control signs or lights of emergency vehicles.

(4) 

No illumination is permitted which may cause interference with radio or television signals.

(5) 

Internal illumination may be permitted provided it is shielded on all sides and back creating forward illumination only.

LINTEL
A horizontal architectural member supporting the weight above an opening such as a window or a door.
[Added 10-4-2011 by Ord. No. 11-17]
LOADING SPACE
Any off-street space available for the loading or unloading of goods and having direct usable access to a street.
LOT
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.
LOT AREA
The area of a lot expressed in square feet or acres. Any portion of a lot included in a street shall not be included in calculating "lot area." However, any portion of a lot dedicated to the Borough for other public use shall not be deducted from the calculation of the "lot area."
A. 

-- A lot located at the junction of two or more intersecting streets or a lot located on one curved street if the curve constituting the front lot line shall be a convex curve having a change of direction of more than 45º.

B. 

-- A lot other than a corner lot, with only one front lot line.

C. 

-- A lot other than a corner lot with more than one front lot line.

LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT FRONTAGE
The portion of the lot abutting the front lot line. In the case of corner lots, the portion of the lot abutting the shorter of the two street lines shall be considered as the frontage. If two street frontages of a corner lot are the same length, the owner may, in the application for the building permit, elect which street shall be the front lot line of the lot.
LOT LINE, FRONT
The line of a street on which a lot fronts or abuts the street line.
LOT LINE, REAR
The lot line (other than in the case of a through lot) which is the farthest lot line from the street. In the case of a through lot or where there is any question, the Land Use Officer shall designate the rear lot line.
LOT LINE, SIDE
The lot boundary line that connects a front lot line with a rear lot line, including a lot line of an offset portion of a lot.
LOT WIDTH
The mean distance between the side lot lines.
MAINTENANCE GUARANTY
Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
[Amended 5-13-1997 by Ord. No. 97-8]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANSARD ROOF
A sloped roof around the perimeter of a building that approaches the vertical.
[Added 10-4-2011 by Ord. No. 11-17]
MASTER PLAN
A composite of mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.
MINOR SITE PLAN
A development plan of one or more lots which:
A. 

Proposes new development consisting of an addition, alteration or expansion of an existing structure involving nonresidential use of less than 2,000 square feet of gross building area requiring less than a total of 25 off-street parking spaces and meeting all of the requirements of Part 4, Zoning, as amended;

B. 

Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Part 5 of this chapter; or

C. 

Involves a change of use to a permitted use in the zoning district in which located and involving less than 5,000 square feet of gross building area and involving less than a total of 25 off-street parking spaces shall be deemed a minor site plan when the provisions of this chapter require site plan approval for such use or premises.

MINOR SUBDIVISION
A subdivision of land that does not involve:
A. 

The creation of more than three lots;

B. 

A planned development;

C. 

Any new street; or

D. 

The extension of any off-tract improvement, pursuant to § 310-94.

A. 

A building and premises designed or used primarily for the sale at retail of gasoline, oil, grease, tires, batteries and accessories, together with the furnishing of some or all of the following services and no others:

(1) 

Sale and servicing of spark plugs, batteries and distributors and distributor parts.

(2) 

Tire servicing and repair, but not recapping or regrooving

(3) 

Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like.

(4) 

Radiator cleaning and flushing and heater and air-conditioning service.

(5) 

Washing, polishing (but not as a primary service as in the case of an auto laundry or car wash) and sale of automotive washing and polishing materials.

(6) 

Greasing and lubrication.

(7) 

Providing and repairing fuel pumps, oil pumps and lines.

(8) 

Minor servicing and repair of carburetors.

(9) 

Emergency wiring repairs.

(10) 

Adjusting and repairing brakes.

(11) 

Minor motor adjustments not involving removal of the head or crankcase or racing the motor.

(12) 

Sales of cold drinks, packaged foods, tobacco and similar convenience goods for service filling station customers, as accessory and incidental to principal operation.

(13) 

Provision of road maps and other informational material to customers; provision of rest room facilities to be installed and maintained in accordance with Board of Health regulations.

B. 

The term shall not include any premises at which there may be performed any major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, renting of automobiles, trucks or trailers or work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service filling stations, such as a repair garage or a body shop.

MUNICIPAL AGENCY
The Planning Board or the Borough Council, whenever either of them shall be acting pursuant to this chapter.
[Amended 5-13-1997 by Ord. No. 97-8]
NONCONFORMING LOT
A lot the area, dimension or location of which does not conform with the regulations of this chapter for the district in which it is located, but that was lawfully in existence before the effective date of this chapter or that exists by virtue of a duly granted variance.
NONCONFORMING STRUCTURE OR USE
Any structure or use that does not conform with the regulations of this chapter lawfully in existence before the effective date of this chapter or that exists by virtue of a duly granted variance.
NURSING, REST, CONVALESCENT HOME
A home for the aged, chronically ill or incurable person where persons are housed or lodged and furnished with board and nursing care for compensation.
OFFICIAL MAP
A map adopted in accordance with Article 5 of the Municipal Land Use Law.
Editor's Note: See 40:55D-32 through 40:55D-36.
OFF-PREMISES SIGN
A sign that advertises or announces a use conducted or goods available elsewhere than the lot or building where the sign is located.
[Added 10-4-2011 by Ord. No. 11-17]
OFF-SITE
Located outside the lot lines of the lot in question but within the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-PREMISES SIGN
A sign that advertises or announces a person occupying the premises, a use conducted or goods available on the lot or in the building where the sign is located.
[Added 10-4-2011 by Ord. No. 11-17]
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNER
Any person having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter. Such interest shall include an option or contract to purchase or lease the land.
PARKING SPACE
An off-street space available for the parking of a motor vehicle provided that such space shall have a minimum width of 10 feet and a minimum depth of 20 feet, exclusive of maneuvering areas, passageways, driveways and loading spaces appurtenant thereto.
PARTY IMMEDIATELY CONCERNED
Any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this chapter.
PATIO
A level, landscaped, and/or surface area located at grade level that is not covered by a roof.
[Added 7-13-2010 by Ord. No. 10-08]
PERFORMANCE GUARANTY
Any security which may be accepted by the Borough, including cash; provided that the Borough shall not require more than 10% of the total performance guaranty in cash.
PERMIT, BUILDING
A certificate issued pursuant to Chapter 124, Construction Codes, Uniform, for the construction, reconstruction, remodeling, alteration or repair of a structure in accordance with plans and specifications accompanying the application for the permit.
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the Land Use Officer upon the proper completion of the work for which a building permit has been issued or upon a change in the nature of the occupancy or use of a building or land, which certifies that all requirements of this chapter or such variance therefrom as has been granted by the Planning Board have been met and that the purpose for which the structure or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located.
[Amended 5-13-1997 by Ord. No. 97-8]
PHYSICALLY HANDICAPPED
Person confined to a wheelchair or persons deemed disabled under rules and regulations promulgated by the United States Department of Housing and Urban Development.
Editor's Note: The original definition of "Planning Board," which immediately followed this definition, was deleted 5-13-1997 by Ord. No. 97-8.
PLAT
The map or maps of a subdivision or site plan.
PLYWOOD
Permitted plywoods for sign construction when edge banded includes APA medium-density overlay ("MDO") (plywood manufactured with a smooth, opaque, resin-treated fiber overlay providing an ideal base for paint on one or both sides); or APA marine plywood.
[Added 10-4-2011 by Ord. No. 11-17]
PORTABLE SIGN
A freestanding sign not permanently affixed, anchored or secured to the ground or a structure on the lot it occupies or any sign mounted on wheels, excluding signs affixed to or painted on a vehicle whose primary purpose is other than to be a sign. Includes sandwich boards and blackboards.
[Added 10-4-2011 by Ord. No. 11-17]
PRELIMINARY APPROVAL
Rights conferred pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 310-89 of this chapter.
PRIMARY USE
A principal use permitted in the district.
PRINCIPAL BUILDING
A building used for a primary use.
PROJECTING SIGN
A projecting sign is supported by a building wall and projects perpendicularly from the wall.
[Added 10-4-2011 by Ord. No. 11-17]
PUBLIC AREAS
Publicly owned or controlled lands, including:
A. 

Playgrounds, parks, trails, paths and other recreational areas.

B. 

Parking lots and other public open spaces.

C. 

Scenic and historic sites,

D. 

Sites for schools and other public buildings and structures.

PUBLIC ENTRANCE
The ingress and egress location into a commercial or business establishment commonly used by the public.
[Added 10-4-2011 by Ord. No. 11-17]
PUBLIC UTILITY
As herein used, this term shall have the meaning set forth in N.J.S.A. 48:2-13.
QUORUM
The majority of the full authorized membership of the Planning Board or the Borough Council, as provided by law.
Editor's Note: The former definition of “residential professional office,” added 7-14-1998 by Ord. No. 98-11, which immediately followed this definition, was repealed 8-13-2002 by Ord. No. 02-09.
[Amended 5-13-1997 by Ord. No. 97-8]
RESTAURANT
Any establishment, however designated, at which food is sold for consumption within the principal structure, but not including a snack bar or refreshment stand accessory to a public area if such bar or stand is operated by or with the approval of the agency having control of the public area and is primarily for the convenience of persons lawfully within the public area.
RESTAURANT, DRIVE-IN
An establishment where patrons are served food, soft drinks, ice cream and similar confections primarily for consumption on the premises but other than within the principal structure.
RESTAURANT, DRIVE-THROUGH
A restaurant from which patrons may purchase food and beverages ready for consumption received via a motor vehicle drive-through window located in the principal structure or accessory structure. Consumption of the food and beverages is designed to occur outside the confines of the property on which the restaurant is located.
[Added 10-8-2002 by Ord. No. 02-12
Editor's Note: This ordinance also provided that drive-through restaurants are a prohibited use in all zone districts in the Borough of Hillsdale.
]
RETAINING WALL
A structure separating varying ground levels.
SATELLITE ANTENNA
Any apparatus which is designed for the purpose of receiving and transmitting television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
SCHOOL, COMMERCIAL OR BUSINESS
A training institution operated on a profit or nonprofit basis offering instruction in stenographic, secretarial, accounting, data processing and related skills associated with the conduct of a commercial business or administrative office.
SCHOOL, TRADE OR VOCATIONAL
A training institution operated on a profit or nonprofit basis offering instruction and/or experience training to students, journeymen, apprentices or comparable categories of persons in the operation of industrial, construction or electronics machinery or equipment, construction, trades or similar skills.
SENIOR CITIZEN HOUSING
Any new rental structure developed, erected and operated by a nonprofit corporation of the State of New Jersey, under the Senior Citizen Housing Loan Program, authorized by Section 202 of the Federal Housing Act of 1959 (or any comparable federal, state or county program), for the purpose of providing nonprofit rental housing for low- and moderate-income elderly or physically handicapped persons, including equipment, facilities or other real or personal property which is a necessary, convenient or desirable appurtenant thereto.
SETBACK, FRONT
The distance in feet from the street line to the nearest portion of the principal building.
SETBACK, REAR
The distance in feet from the rear lot line to the nearest portion of the principal building.
SETBACK, SIDE
The distance in feet from the side lot line to the nearest portion of the principal building.
SIGN
Any permanent or temporary structure, which is designed to be seen from outside a building, including any sign in windows or on doors, attached to a building or erected, painted, represented or reproduced upon any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, symbol, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county, municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person, business, retail establishment, office, company, organization, denomination or group.
[Amended 10-4-2011 by Ord. No. 11-17]
A. 

For a sign painted upon or applied/attached to a building, the area is considered to include all lettering, wording and accompanying designs and symbols, together with the background of a different color than the natural or primary color of the building.

B. 

Where the sign consists of individual letters or symbols attached to or painted on a surface, building, awning, wall or window, the area shall be considered to be that of the smallest rectangle or other geometric shape that encompasses all of the letters, design or symbol in a single line. In no event shall the cumulative total area within the rectangle or other geometric shape exceed 25% of the total allowable window coverage.

C. 

Only one side of a double-faced sign will be counted in computing the area of that sign.

D. 

The area of a sign consisting of a three-dimensional object (such as a symbol sign) shall be no more than 1/2 the allowable area for a projecting sign. The area shall be calculated by measuring both the front view and one side view of the object. The front and side views are considered to be that which will fit into a rectangle or other geometric shape.

E. 

The area of a flat, irregularly shaped sign shall be the smallest plane geometric figure that will wholly contain it.

SIGN, TEMPORARY
A sign or advertising display that is not permanently mounted and is constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for no more than 20 days. A temporary sign may be mounted at the same business on no more than four different occasions annually, with each occasion not to exceed 20 days.
[Added 10-4-2011 by Ord. No. 11-17]
SITE PLAN
A development plan of one or more lots on which are shown:
A. 

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

B. 

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

C. 

Any other information that may be reasonably required in order to make an informed determination pursuant to review and approval powers exercised by the Planning Board or the Borough Council under this chapter.

[Amended 5-13-1997 by Ord. No. 97-8]

STORY
A story is that part of a building between the surface of any floor and the next floor above it, or, in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor (other than a cellar floor) next below it. If a sloping roof has a ridge pole which is seven feet or more above the plane of a top plate and if the topmost floor is two feet or more below the plane of the top plate, then the space enclosed shall be considered a "story," but if the said floor is less than two feet below the top plate, the space shall be considered a half-story.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way:
A. 

Which is an existing state, county or municipal roadway;

B. 

Which is shown upon a plat heretofore approved pursuant to law;

C. 

Which is approved by official action; or

D. 

Which is shown 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:

(1) 

 — Those which are used primarily for fast and heavy traffic.

(2) 

 — Those which carry traffic from minor street to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

(3) 

 — Those which are used primarily for access to the abutting properties.

(4) 

 — Streets which are generally parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5) 

 — Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

STREET LINE
The dividing line between a lot and a street; the front lot line.
STRUCTURE
An assembly of materials forming a construction for occupancy or use, including (among others and without intending to limit the generality of the foregoing) buildings, stadiums, meeting or circus tents, reviewing stands, platforms, stagings, observation towers, radio and television towers and antennas, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences, nonportable flagpoles, swimming pools and signs.
SUBDIVIDER
Any applicant for approval of a subdivision of land pursuant to 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 following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created;
A. 

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.

[Amended 5-13-1997 by Ord. No. 97-8]

B. 

Divisions of property by testamentary or intestate provisions.

C. 

Divisions of property upon court order, including but not limited to judgments of foreclosure.

D. 

Consolidation of existing lots by deed or other recorded instrument.

E. 

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."

SUBDIVISION APPLICATION
The application for approval of a subdivision pursuant to the Municipal Land Use Law (P.L. 1975, c. 291; N.J.S.A. 40:55D-1 et seq.) or an application for approval of a planned unit development pursuant to the Municipal Land Use Law (P.L. 1975, c. 291; N.J.S.A. 40:55D-1 et seq.).
SWIMMING POOL
A body of water artificially constructed in whole or in part, having a depth at any point of more than 18 inches, whether above, below or level with the ground or area surrounding it, and designed, established, constructed, maintained or used as an accessory use to a residence for the private swimming, bathing or wading purposes of a person, the members of his or her household or their guests.
SYMBOL SIGN
A symbol sign is a three-dimensional representation of a product or service that a business sells.
[Added 10-4-2011 by Ord. No. 11-17]
TEMPORARY STORAGE CONTAINER
Any device, container, enclosure or structure, either wheeled trailers or containers carried on motor vehicles or trailers, commonly used to store home furnishings and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Temporary storage containers do not include self-propelled registered motor vehicles and shall not be used for habitation for humans or animals, or for the storage of commercial/industrial materials. Containers are only permitted on a lot containing a lawfully existing residential dwelling.
[Added 10-7-2008 by Ord. No. 08-13]
TRACT
Any areas, parcel, site, piece of land, or property that is the subject of a development application.
[Added 2-6-2007 by Ord. No. 07-01]
TRANSCRIPT
A typed or printed verbatim record of the proceedings and reproduction thereof.
USE
The purpose for which land or building is arranged, designed or intended and for which either land or a building is or may be occupied or maintained.
[Added 10-4-2011 by Ord. No. 11-17]
VENDING MACHINE SIGN
Any sign displayed on all or part of a vending machine.
[Added 10-4-2011 by Ord. No. 11-17]
WALL SIGNS
All flat signs of solid-face construction and/or individual letters which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure, so that the display surface is parallel with the plane of the wall. Signs painted on an exterior wall shall be deemed to be wall signs subject to all applicable requirements.
[Added 10-4-2011 by Ord. No. 11-17]
WINDOW SIGN
A window sign is any sign temporarily or permanently affixed to the glass of a window or door of a business or that is visible through a window or door and placed on a permanent basis within two feet of the glass. For the purposes of this definition, "permanent basis" shall be defined as any time longer than 15 days.
[Added 10-4-2011 by Ord. No. 11-17]
YARD, FRONT
An open unoccupied space on the same lot as the principal building, extending the full width of the lot and situated between the street line and the front building line.
YARD, REAR
An open space on the same lot as the principal building, extending the full width of the lot and situated between the rear lot line and the rear building line.
YARD, SIDE
An open space between the side line of the lot and the side building line, extending from the front yard or the rear yard.
ZONING PERMIT
A document signed by the Land Use Officer that:
A. 

Is required as a condition precedent to the proposed development of a parcel of land; and

B. 

Certifies that such proposed development complies with the provisions of Part 4 of this chapter.

§ 310-5 Terminology.

Whenever in the administration of this chapter it shall be necessary or desirable to define a term that has not hereinbefore been defined, reference shall be made to the definition (if any) of such term in:

A. 

The Municipal Land Use Law;

B. 

The State Uniform Construction Code Act and the regulations promulgated pursuant thereto;

C. 

Chapter 27 of Title 40 of the Revised Statutes of the State of New Jersey entitled "County Planning;"

D. 

Chapter 16A of Title 58 of the Revised Statutes of New Jersey entitled "Flood Control" and the regulations issued pursuant thereto;

E. 

The Code of the Borough of Hillsdale; and

F. 

The State of New Jersey Revised Statutes, Cumulative Supplement and New Jersey Statutes.