This chapter shall be known as the "Land Use Ordinance of the Township of Boonton."
The purpose of this chapter shall, in general and where applicable to local conditions in the Township of Boonton, be the purpose of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, as set forth in Section 2 (N.J.S.A. 40:55D-2) of said law.
A. 
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
B. 
Where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings or lot coverage, or requires greater lot area or larger yards or other open spaces than imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.
As used in this chapter, the terms below shall have the meanings indicated. Certain terms may have specific reference to specific Parts, but may also have application generally or to other provisions. The terms having specific reference to certain Parts are identified with symbols referencing the Parts as follows:
+ PART 4 SOIL MOVEMENT
* PART 7 FLOOD DAMAGE PREVENTION
# PART 10 HOUSING REHABILITATION PROGRAM
ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES
The Agricultural Management Practices recommended or endorsed by the State Agriculture Development Committee, plus those practices complying with a Conservation Plan.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure on the same lot with a principal building, occupied or devoted exclusively to an accessory use. Where an accessory building or structure is attached to a principal building in a substantial manner by a wall or roof, such accessory building or structure shall be considered part of the principal building.
ACCESSORY USE
A use naturally and normally incident and subordinate to the main use of the premises or lot.
ADMINISTRATIVE OFFICER
The Township Clerk, less otherwise stated or intended by this chapter.
#AFFORDABLE RENT
Rent, including utilities, which does not exceed 30% of the maximum gross monthly income of a low- or moderate-income household, as applicable, based upon the following criteria:
A. 
Efficiency units shall be affordable to one-person households.
B. 
One-half of all one-bedroom units shall be affordable to one-person households and one-half affordable to two- person households.
C. 
One-half of all two-bedroom units shall be affordable to two-person households and one-half affordable to three- person households.
D. 
One-half of all three-bedroom units shall be affordable to four-person households and one-half affordable to five- person households.
#AFFORDABLE SALES PRICE
The sales price of a housing unit such that after a down payment of 5%, the monthly principal, interest, taxes, insurance and condominium fees, if any, for the unit do not exceed 28% of the maximum gross monthly income in accordance with the unit and household size criteria contained in the definition of "affordable rent."
AGE-RESTRICTED HOUSING
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of 42 U.S.C. § 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.
[Added 3-14-2016 by Ord. No. 845]
AGRICULTURE
The production principally for the sale to others of plants, animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products; livestock, including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; and other commodities as described in the Standard Industrial Classification for agri-culture, forestry, fishing and trapping. "Agriculture" shall not include intensive poultry or swine production or extensive animal feedlot operations.
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or a part thereof, a removal of a building from one location to another or a change in use.
ALTERNATIVE TREATMENT CENTER and PREEXISTING ALTERNATIVE TREATMENT CENTER
An organization issued a permit, conditional permit, and/or a vertically integrated permit pursuant to the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, C. 307 (N.J.S.A. 24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary or clinical registrant prior to February 22, 2021; and includes any alternative treatment center deemed pursuant to Section 7 of the Jake Honing Compassionate Use Medical Cannabis Act (N.J.S.A. 24:26I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit and/or any alternative treatment center deemed to concurrently hold any one or more class(es) of cannabis licensed marketplace license(s) pursuant to PL. 2021, c. 16 § 33, N.J.S.A. 24:6I-46, and P.L. 2021, c.16 §34, amending N.J.S.A. 24:6I-7.
[Added 8-9-2021 by Ord. No. 898]
APARTMENT
A dwelling unit located in one floor of a building containing similar units, adjoining said similar units above, below or to the side, which units may share in common facilities such as entryways, hallways and utility systems.
*APPEAL
A request for a review of the Planning Board's interpretation of any provision of Part 7, or a request for a variance.
APPLICANT
A developer submitting an application for development, land disturbance activity or construction for which approval is required under the terms of this chapter, including a person applying for financial assistance for housing rehabilitation pursuant to Part 10.
APPLICATION FOR DEVELOPMENT
The 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 this chapter.
APPROVED PLAN
A plan which has been approved by the appropriate authority (the Planning Board, Zoning Board or Township Committee) under the terms of this chapter.
APPROVING AUTHORITY
The Planning Board unless a different agency is designated by this chapter when acting pursuant to the authority of P.L. 1975, c. 291.[1]
AQUIFER
A geologic formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.
*AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within the community subject to a one-percent or greater chance of flooding in any given year.
ASSISTED SENIOR HOUSING
Senior housing and beds to accommodate uses such as congregate housing, intermediate care and nursing homes.
ATTIC
The open, nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AWNING
A roof-like cover that projects from a building wall for the purpose of shielding a window or doorway from the elements or for ornamental purposes and which may be used as background for a sign as herein permitted and regulated.
[Added 9-24-2001 by Ord. No. 644]
*BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
*BASEMENT
A portion of the building partly underground but having less than 1/2 its clear height below the average grade of the adjoining ground. (See "cellar.") As used in Part 7 of this chapter, any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING
A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.
BUILDING LINE
The minimum, required front yard setback line.
CANNABIS
all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-9-2021 by Ord. No. 898]
CANNABIS CONSUMPTION AREA
Shall mean and refer to a “cannabis consumption area" as defined under P.L. 2021, c. 16 § 3, N.J.S.A. 24:6I-33, of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, or a cannabis distributor.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS ITEM
Any item available for lawful consumption pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
[Added 8-9-2021 by Ord. No. 898]
CANNABIS LICENSED MARKETPLACE
[Added 8-9-2021 by Ord. No. 898]
A. 
A license issued under relevant state law including a license that is designated as either a:
(1) 
Class 1 cannabis cultivator license.
(2) 
Class 2 cannabis manufacturer license.
(3) 
Class 3 cannabis wholesaler license.
(4) 
Class 4 cannabis distributor license.
(5) 
Class 5 cannabis retailer license.
(6) 
Class 6 cannabis delivery license.
B. 
The term shall also include a conditional license for a designated class, except when the context of the provisions of relevant state law otherwise intend to only apply for a license and not a conditional license.
C. 
The term shall also include any activity related to cannabis cultivation, cannabis manufacturing, cannabis wholesale, cannabis distribution, cannabis retail and/or cannabis delivery service by a preexisting alternative treatment center deemed to concurrently hold any one or more class(es) of the above-listed cannabis license(s) pursuant to PL. 2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L. 2021, c.16 §34 of the Act, amending N.J.S.A. 24:6I-7; but shall not include the preexisting alternative treatment center's activities related to medical cannabis cultivation, medical cannabis manufacturing, medical cannabis processing and/or medical cannabis dispensing by a preexisting medical cannabis alternative treatment center pursuant to a license or conditional licensed issued by the State of New Jersey pursuant to the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 8-9-2021 by Ord. No. 898]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 8-9-2021 by Ord. No. 898]
CANOPY OR MARQUEE
A structure, either freestanding or attached to a building wall, having horizontal or nearly horizontal top and bottom surfaces, and which is intended to serve as a covering over the ground below and the objects thereon.
[Added 9-24-2001 by Ord. No. 644]
CELLAR
A portion of the building partly underground, having 1/2 or more than 1/2 of its clear height below the average grade or adjoining ground. (See "basement.")
CHANGE IN USE
The use of a building or land which is any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed.
*CHANNEL
The bed and banks of a river, stream, drainage ditch, watercourse or any other body of water which conveys the normally occurring flow.
CHILD-CARE CENTER
Any facility, by whatever name known, which is maintained for the care, development and supervision of six or more children under six years of age who attend the facility for less than 24 hours a day. This term shall include but shall not be limited to such programs as child-care centers, day-care centers, drop-in centers, day nursery school, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers, child-care centers that have already received approval from the Department of Human Services prior to the enactment of the Child Care Center Licensing Act and kindergarten through sixth. The term shall not include any facility excluded from the definition of "child-care centers" in the Manual of Standards for Child Care Centers, State of New Jersey, Department of Human Services.
COLLOCATION
The use of a common wireless telecommunications towers or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications towers on a structure owned or operated by a utility or other public entity.
[Added 8-21-2000 by Ord. No. 615]
COMMERCIAL VEHICLE
Every type of vehicle used for commercial purposes, including but not limited to vehicles used to transport persons or property for compensation or used in the furtherance of and/or performance of a specific job or work function. The term "commercial vehicle" shall not include vehicles used for private or personal transportation.
COMMON FACILITIES
Includes but is not limited to facilities for the common use of two or more units such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OPEN SPACE
That open space shown on a recorded subdivision or map or the common use of two or more units.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property as joint tenants, as tenants by the entirety or as tenants in common.
CONDITIONAL USE
A use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONGREGATE HOUSING
A facility providing housing units and services for senior citizens which may include meals, housekeeping and personal care assistance.
CONSERVATION PLAN
A set of decisions regarding the use of soil and water resources. The plan is developed by the Natural Resources Conservation Service and approved by the Morris County Soil Conservation District.
CORNER LOT
A lot at the junction of and having frontage on two or more intersecting streets, or a lot bounded on two or more sides by the same street.
CRITICAL AREA
Any area which should not be disturbed by uses incompatible with the paramount public interest in the management of surface water runoff and attendant environment damage. Examples of critical impact areas include, but are not limited to, lakes, ponds, floodplains and flood hazard areas designated as stream corridors, steep slopes, highly erodible soils, swamps, marshes, bogs, watercourses, identified aquifer recharge and discharge areas and heavily wooded areas, including but not limited to the water resource conservation areas within the Township of Boonton.
DEAD-END STREET OR CUL-DE-SAC
Any street or combination of streets having only one outlet or connection to another street having more than one outlet or means of access.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DEPARTMENT
The Morris County Department of Community Development.
DESIGNATED CAREGIVER
Shall mean and refer to a "designated caregiver" as defined under the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, C. 307 (N.J.S.A. 24:6I-1 et seq.).
[Added 8-9-2021 by Ord. No. 898]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
*DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter. As used in Part 7, the term "development" shall also include any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DISH ANTENNA (SATELLITE EARTH STATION)
A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.
DIVERSION
A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
DWELLING OR DWELLING UNIT
A building or part thereof used as the residence of and providing complete living facilities for a family as defined in this chapter.
DWELLING, ONE-FAMILY
A building containing one dwelling unit.
DRAINAGE RIGHT-OF-WAY
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 Chapter 1 of Title 58 of the Revised Statutes.[2]
EASEMENT
A restriction established in a deed or duly recorded instrument or on a duly recorded or filed map to permit the use of land by the public or by particular persons, corporations or other legal entities for specified uses.
ENVIRONMENT
Any and/or all physical and/or natural and cultural-social factors affecting the community's general welfare and goals.
ENVIRONMENTAL EFFECTS CHECKLIST
An informational document which is intended to provide pertinent data to aid in evaluating the significance of the potential environmental-social impact of a proposed project.
ENVIRONMENTAL IMPACT STATEMENT
A documented systematic approach, ensuring the integrated use of the natural and social sciences and the environmental design arts in planning, to aid decisionmakers where man's environment may be impacted.
EROSION
Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXCAVATION OR CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING GRADE
The vertical location of the existing surfaces of land prior to grading, excavation or other land disturbance.
FAMILY
A person or any number of persons living together as a single, nonprofit housekeeping unit.
FARM
An area of land made up of single or multiple contiguous or noncontiguous parcels which is organized as a management unit actively devoted to agricultural or horticultural use, including but not limited to cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and other farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1965, N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.
FARM CONSERVATION PLAN
A plan which provides for use of land within its capabilities and treatment, within practical limits, according to chosen use to prevent further deteriorations of soil and water resources.
FENCE
A vertical structure erected as a barrier, enclosure or screening and extending or suspended between posts or other supports. As used in this chapter, the term "fence" shall include the term "wall."
FINAL APPROVAL
The official action of the Planning 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 have been properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
The map or maps of a subdivision application for which final approval is sought pursuant to this chapter.
*FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters; and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
*FLOOD ENCROACHMENT LINE
A designated contour line measured in feet above mean sea level (or chords connecting points on such a designated contour) along streams, watercourses and the shorelines of bodies of water, below which no development shall take place without a state permit.
*FLOOD HAZARD AREA
The land included within the area of special flood hazard.
*FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
*FLOOD INSURANCE STUDY (FIS)
THE OFFICIAL REPORT IN WHICH THE FEDERAL INSURANCE ADMINISTRATION HAS PROVIDED FLOOD PROFILES, AS WELL AS THE FLOOD BOUNDARY
Floodway Map and the water surface elevation of the base flood.
*FLOODPLAIN
That area composed of the channel, floodway and floodway fringe as determined by the base flood.
*FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 of one foot as a result of encroachment.
*FLOODWAY FRINGE
The area between the floodway as defined and the area that would be flooded by a base flood if no encroachment were permitted.
FLOOR AREA
The aggregate area of all floors in a building enclosed by exterior walls, excluding, however, attic and basement floors, open porches, open breezeways and garages.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FRESHWATER WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that under normal circumstances does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation, as designated by the Department of Environmental Protection pursuant to the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
GARAGE
A detached accessory building or portion of a main building for the parking of or temporary storage of automobiles of occupants of the main building.
GARBAGE FARM
A farm where garbage or food wastes are fed to livestock.
GOVERNING BODY
The Township Committee of the Township of Boonton.
GRADE MAP
A topographical site map showing two-foot contour lines for both existing and proposed finished grades for the premises to be affected and also for all adjoining land within 200 feet of any boundary of the premises to be affected, which map shall be on a scale of one inch equals 50 feet, if the premises be 10 acres or less, and one inch equals 100 feet, if the premises be more than 10 acres.
GRADING
Any stripping, cutting, grubbing or stockpiling of land, or any combination thereof.
GROUNDWATER RECHARGE
The water that would normally percolate to the water table if not removed by sanitary and storm sewers and other diversionary means.
HAZARDOUS WASTE
Any waste or combination of wastes included in the current listing of hazardous wastes published and as amended by the New Jersey Department of Environmental Protection Bureau of Solid Waste Management, with notice in the New Jersey Register, and also as listed in Publication 91-596 (Occupational Safety and Health Administration) and Part 172, Title 49, of the Code of Federal Regulations (DOT) as amended.
HEALTH OR FITNESS CENTER
An establishment or part thereof providing facilities for physical exercise, whether individual activity or group session, including but not necessarily limited to gymnasiums, aerobic centers, exercise salons, dance studios and any combination thereof.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance measured from the lowest finished grade at any distance within 15 feet of the foundation of any section of a structure to the top of the highest roof beams of a flat roof or the mean level of the highest gable of a sloping roof. The finished grade shall be calculated by averaging the highest and lowest grades from each exterior foundation wall of the particular section of the structure. A "section of a structure" is any portion of the structure having a common roof.
[Amended 9-25-2000 by Ord. No. 622]
HOME OCCUPATION
A business or commercial activity carried on within a dwelling by a member or members of the family occupying the dwelling, which activity is clearly incident and subordinate to the residential purpose and character of the dwelling.
HOSPICE
A nonprofit residential facility providing care for the terminally ill and having a full-time, licensed medical staff.
HOUSING REGION
The Housing Region in which Boonton Township is located, as established by COAH.
HUD
The Department of Housing and Urban Development.
#HOUSING REHABILITATION ADMINISTRATOR
The person designated by the Township Committee to administer the provisions of Part 10.
IMPERVIOUS SURFACES
Buildings, structures, pavement and other land improvements which prevent or are likely to prevent normal groundwater absorption.
INCLUSIONARY DEVELOPMENT
A residential housing development in which a substantial percentage of the housing units are provided for a reasonable range of low- and moderate-income households.
INSTITUTIONAL CAREGIVER
Shall mean and refer to an "institutional caregiver" as defined under the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
[Added 8-9-2021 by Ord. No. 898]
INTERMEDIATE CARE
A facility providing beds and/or dwelling units for continuous health and personal care for senior citizens who are in need of assistance in performing daily routines.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion, including but not limited to housing and other buildings, farming, mining and logging.
LICENSEE
A person or entity that holds a license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I- 31 et seq.) including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, a Class 6 cannabis delivery license, and also includes: a person or entity that holds a conditional license for a designated class; a person or entity holding a preexisting medical cannabis cultivator license, preexisting alternative treatment center permit first issued by the State of New Jersey, Department of Health, Division of Medicinal Marijuana in accordance with the provisions of the Jake Honing Compassionate Use Medical Cannabis Act (P.L. 2009, c. 307, N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.) prior to February 22, 2021, and approved by the Township to hold a concurrent municipal license to operate as a Class 1 cannabis cultivator, Class 2 cannabis manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis distributor in accordance with the provisions hereinafter and P.L. 2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L. 2021, c.16 §34, (amending N.J.S.A. 24:6I-7) of the Act; and/or any other person or entity holding a local annual cannabis license issued by the Township pursuant to this Code.
[Added 8-9-2021 by Ord. No. 898]
LOADING SPACE
An off-street 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.
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 total square unit contents of any lot as measured within the lot lines.
LOT, CORNER
See "corner lot."
LOT COVERAGE
A portion of a lot occupied by a building or buildings, or by other site improvements, and, in the case of buildings, determined by the footprint formed by the outer perimeter of the foundation and any building wall extending more than two feet beyond the foundation. Lot coverage is usually expressed in square feet or as a percentage of the total lot area.
LOT FRONTAGE
In the case of a lot running through from one street to another, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front, but, in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on his permit application which lot line shall be considered the front lot line.[3]
*LOWEST FLOOR
The lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.
#LOW-INCOME HOUSEHOLD
A household with a gross household income equal to 50% or less of the median gross household income adjusted for household size for Morris County as set forth on the Schedule of Section 8 Income Limits, published by the Federal Department of Housing and Urban Development.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvement required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256, and cash.[4]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, except that a subdivision, otherwise classifiable as a minor subdivision, proposed to be made from a tract of land on which a minor subdivision has been approved within the five years preceding the application shall be treated as a major subdivision.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
[Added 8-9-2021 by Ord. No. 898]
*MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).
MASTER SITE DEVELOPMENT PLAN FOR MULTIPLE PRINCIPAL USES
A site plan intended to show, in composite form, the development of a site and the building or buildings thereon for two or more principal uses, along with off-street parking and loading and other supporting or accessory facilities serving each use, all as may be required by this chapter.
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients or their designated or institutional care giver(s) pursuant to the Jake Honing Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.). "Medical cannabis" does not include any cannabis or cannabis item that is cultivated, manufactured, produced, processed, distributed. delivered, sold and/or resold for the ultimate purpose of recreational consumption by persons that are not registered qualifying patients.
[Added 8-9-2021 by Ord. No. 898]
MEMBRANE STRUCTURE
Any structure, enclosure or shelter which is constructed of canvas or pliable material supported in any manner.
[Added 9-14-1998 by Ord. No. 576]
MINOR STREET
Any street not identified in the circulation plan element of the Master Plan as a county road, a primary Township road or a secondary Township road.
MAXIMUM DEPTH OF MEASUREMENT
A distance as specified in this chapter, measured from and parallel to a street right-of-way, within which the required minimum lot size must be measured.
MINOR SUBDIVISION
Except as provided under the definition of "major subdivision" hereinabove, any subdivision containing not more than three lots fronting on an existing accepted street or on a private street approved by the Planning Board or otherwise approved by the governing body for purposes of issuing building permits not involving a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MODERATE-INCOME HOUSEHOLD
A household with a gross household income equal to or more than 50% but less than 80% of the median gross household income adjusted for household size for Morris County as set forth on the Schedule of Section 8 Income Limits, published by the Federal Department of Housing and Urban Development.
MULCHING
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
[Added 5-12-2008 by Ord. No. 752]
MUNICIPAL AGENCY
The Planning Board, the Board of Adjustment or the Township Committee of the Township of Boonton.
NATURAL GROUND SURFACE
The existing ground surface of land prior to any grading, excavation or other land disturbance.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of Part 7.
NEW JERSEY COUNCIL ON AFFORDABLE HOUSING OR COAH
The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
NONCONFORMING BUILDING
A building which, in its design or location upon a lot, does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
A lot of record existing at the date of the passage of this chapter which does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NUISANCE
Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.
NURSING HOME
A facility providing beds for a range of personal and medical care services to chronically ill and disabled individuals who are unable to care for themselves.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291.[5]
OFF-TRACT IMPROVEMENT
An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way.
ON-TRACT IMPROVEMENT
Any improvement, the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of an application for development or on a contiguous street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OUTDOOR STORAGE
The keeping, outside the confines of a building, of goods, supplies, equipment, materials and merchandise of any kind intended for use or sale on the premises.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation, trust or other legal entity having a sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARKING AREA
An open area other than a street or other public road or way used for the parking of motor vehicles, including access drives or aisles for ingress and egress thereto and therefrom.
PARKING SPACE
An accommodation for the off-street parking of a motor vehicle, which space shall have an area required by this chapter.
PERFORMANCE GUARANTEE
Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L. 1991, c. 256, and cash.[6]
PERSONAL USE and/or RECREATIONAL USE
The purchase, sale, possession, and/or consumption of cannabis items by person(s) who are not a registered qualifying patient under the Jake Honing Compassionate Use Medical Cannabis Act P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
[Added 8-9-2021 by Ord. No. 898]
PLACE OF WORSHIP
A building wherein persons regularly assemble for religious worship, which is used for such purposes and those necessary activities as are customarily associated therewith, and for which the use qualifies for tax exemption as a nonprofit religious institution.
PLAT
The map or maps of a subdivision.
PORTE COCHERE
A roofed structure extending from the entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles.
[Added 9-24-2001 by Ord. No. 644]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34, 36 and 37 P.L. 1975, c.291 (N.J.S.A. 40:55D-46; N.J.S.A. 40:55D-48; and N.J.S.A. 40:55D-49), prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in schematic form its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT OR SITE PLAN
The preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.
PREMISES
A lot, including buildings, structures and improvements thereon.
PREMISES or LICENSES PREMISES
Regarding cannabis, the following areas of a location licensed under P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy.
[Added 8-9-2021 by Ord. No. 898]
PRINCIPAL STRUCTURE
A structure arranged, adapted or designed for the predominant or primary use for which a lot may be used.
PRINCIPAL USE
The primary or predominant use of the premises.
PRIVATE SWIMMING POOL
Any artificially constructed and lined basin for the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than 1,500 gallons of water.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings, public pathways, trails or bicycle paths and navigable waterways.
[Added 8-21-2000 by Ord. No. 615]
RECYCLING AREA
Space allocated for collection and storage of source-separated recyclable materials.
[Added 5-12-2008 by Ord. No. 752]
REGISTERED QUALIFYING PATIENT or QUALIFYING PATIENT or PATIENT
Shall mean and refer to a qualifying patient or patient registered under the Jake Honing Compassionate Use Medical Cannabis Act.
[Added 8-9-2021 by Ord. No. 898]
REHABILITATION
The restoration of a substandard unit to a decent, safe and sanitary condition by eliminating the condition(s) making the unit deficient.
RESTAURANT
An establishment in which food is prepared and served onsite for consumption on the premises to patrons seated at tables, booths and/or counters within the confines of the building by waiters and/or waitresses.
[Added 6-13-2005 by Ord. No. 703]
RESTAURANT, FAST-FOOD
Any establishment or part thereof whose primary normal and usual function is the sale of food and beverages prepared for immediate consumption and packaged/wrapped in paper or other disposable containers for sale over the counter or at a drive-up window to customers for consumption within the building, parking lot and/or off premises.
[Added 6-13-2005 by Ord. No. 703]
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines and other periodicals, sandwiches, and other freshly prepared hot and/or cold foods for off-site consumption. In addition to convenience store uses, any retail food establishment as defined herein with extended or twenty-four-hour operations shall be considered as a retail convenience store.
[Added 6-13-2005 by Ord. No. 703]
RETAIL FOOD ESTABLISHMENT
Establishments located within a building in which food and drink is offered or prepared primarily for retail sale with consumption off site.
[Added 6-13-2005 by Ord. No. 703]
RETAIL SERVICE
A building or part thereof in which or from which a service is rendered directly to the ultimate consumer.
[Added 5-21-2001 by Ord. No. 637; amended 6-13-2005 by Ord. No. 703]
RETAIL STORE
A building or part thereof in which or from which merchandise is sold directly to the ultimate consumer.
[Added 5-21-2001 by Ord. No. 637]
ROAD
See "street."
SATELLITE EARTH STATION
See "dish antenna."
SECTION 8 INCOME LIMITS
A schedule of income limits that defines 50% and 80% of the median income by household size. When used herein, Section 8 income limits shall refer to the uncapped schedule published by COAH.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
SETBACKS
The required yard or distance between buildings and property lines.
SIGHT TRIANGLE
A triangular area outside of the street right- of-way abutting two intersecting streets and driveways. The sight triangle is formed by the intersecting street center lines as outlined herein for the purpose of providing sight distances for vehicular and pedestrian traffic.
SIGN
Includes any device, freestanding or attached to a building or structure or erected, painted, represented or reproduced upon or in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person.
SIGN, ARCADE
A sign suspended from the underside of a canopy or portico above a sidewalk adjoining a building and erected perpendicular to the building wall near the public entry of the establishment it identifies.
[Added 5-21-2001 by Ord. No. 367; amended 9-24-2001 by Ord. No. 644]
SIGN, FREESTANDING
A sign receiving its support from the ground, whether by solid base, uprights, braces, poles or other means, and not attached to any other structure.
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either from within the sign or directed toward the sign.
SINGLE OWNERSHIP
Ownership of a single lot without any abutting property owned by the owner of said lot in which the ownership is by one person or jointly by two or more persons, whether as joint tenants, tenants by the entirety or tenants in common.
SITE
Any plot, lot, tract or parcel of land.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SKY GLOW
The diffused lighting/glow of the night sky in the general area overhead surface lights; the perceived intensity and area of glow varying with atmospheric conditions.
+SOIL
All unconsolidated mineral and organic material of any origin, including earth, sand, clay, loam, muck, gravel, stone, humus, rock or dirt, that overlies bedrock and can be readily excavated, including both surface (top) soil and subsoil.
SOIL CONSERVATION DISTRICT
The Morris County Soil Conservation District, or its successor, which is a governmental subdivision of this state organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Statutes (N.J.S.A. 4:24-1 et seq.)
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures, including a plan of procedure and time schedule for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards for soil erosion and sediment control currently adopted by the New Jersey State Soil Conservation Committee.
SOIL MOVEMENT
The removal from or import of soil to any premises within the Township.
SPORTS ARENA
A building or enclosure used for sporting events, competitive sports and sport performances, partly or completely surrounded by tiers of seats for spectators.
STORMWATER RUNOFF
The amount of water that would not be retained by absorption and percolation and would, therefore, flow to and increase streams and watercourses temporal water level heights during and after a given storm.
STORY
That portion of a building included between the surface of any one floor, exclusive of any basement, and the surface of the floor next above it or, if there is no floor above it then that portion of the building included between the surface of any floor and the ceiling above it.
STORY, HALF
A portion of a building situated above a story, where the walls meet a sloping roof and having a minimum average height of five feet.
STREET
Any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county or municipal 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 ap-pointment 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.
STRIPPING
Any activity which significantly disturbs a vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTURE
An object consisting of one or more fabricated or natural materials which is constructed, erected or placed below, upon or above ground level and shall include any building, edifice, construction or piece of work, or any part thereof, or any combination of related parts, including an object attached thereto. The term "structure" shall include the term "building."
SUBDIVIDER
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.
SUBDIVISION
A. 
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:
(1) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be 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 instruments; 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.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBSOIL
All soil beneath the top layer of soil, be it sand, gravel, clay, boulders, stone aggregate, dirt or a combination of one or more of the foregoing, or otherwise, down to bedrock.
#SUBSTANDARD UNIT
A dwelling unit that is unsafe and/or unsanitary based upon one or more of the following characteristics:
A. 
It is inhabited by 1.01 or more persons per room.
B. 
Absence of a private entranceway to the dwelling unit.
C. 
Absence of complete plumbing facilities and adequate kitchen facilities, including a sink with piped water, a stove and a refrigerator.
D. 
Absence of central heat.
E. 
One or more major code violations, including one of the following major systems must be replaced or extensively repaired: plumbing, heating, roof, electrical or major load-bearing structural systems.
*SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition,"substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
A. 
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
B. 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SWIMMING POOL, PRIVATE
See "private swimming pool."
TECHNICAL COORDINATING COMMITTEE (TCC)
A committee consisting of the Township Engineer, the Planning Board Attorney, the Secretary of the Planning Board and such other professionals or individuals as may be appointed by the Chairman of the Board, established for the purpose of determining completeness of duplications for development, conducting initial review of applications for development and performing such other duties relating to subdivisions and site plans as may be conferred upon it by the Board.
+TOPSOIL
Soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more by weight of organic matter and has the ability to support vegetation.
TOWNHOUSE
A single-family dwelling attached by a common wall between it and the adjacent unit or units extending from the basement to the roof together with individual front and rear entrances and yards designated as an integral part of each unit.
TOWNSHIP
The Township of Boonton, Morris County, New Jersey.
TREE
A perennial woody plant having a single self-supporting trunk.
TREE PROTECTION AND REMOVAL PLAN
A plan pertaining to trees three or more inches in diameter at breast height (i.e., measured 4 1/2 feet above ground level) for retention or removal of such trees selectively as the same may be required by the Tree Protection and Removal and Soil Erosion and Sediment Control Ordinance.
VARIANCE
Permission to depart from the literal requirements of a zoning regulation.
WALL
A vertical structure erected as a barrier, enclosure or screening or for the purpose of retaining earth and continuously attached to or supported by the ground.
WATERCOURSE
Any natural or artificial body of water, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, ravine, swale, wash or other waterway in which water flows in a definite direction or course, either continuously or intermittently, within a definite channel, and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwater.
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[Added 8-9-2021 by Ord. No. 898]
WIRELESS TELECOMMUNICATIONS ANTENNAS
A system of electrical conductors that transmit or receive radio frequency signals for wireless telecommunications towers.
[Added 8-21-2000 by Ord. No. 615]
WIRELESS TELECOMMUNICATIONS EQUIPMENT
Accessory facilities serving and subordinate in area, extent and purpose to and on the same lot as a wireless telecommunications tower or antenna. Such facilities include transmission equipment, storage sheds, storage buildings and security fencing.
[Added 8-21-2000 by Ord. No. 615]
WIRELESS TELECOMMUNICATION EQUIPMENT COMPOUND
A fenced-in area which houses wireless telecommunications equipment buildings, antennas, equipment and towers.
[Added 8-21-2000 by Ord. No. 615; 12-27-2000 by Ord. No. 616]
WIRELESS TELECOMMUNICATION TOWER
A freestanding vertical structure designed to support one or more wireless telecommunications antennas, including monopoles, guyed towers, lattice towers and similar structures.
[Added 8-21-2000 by Ord. No. 615]
YARDS
A. 
FRONT YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending across the full width of any lot and lying between the front street sideline and the nearest line of any building on said lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the Master Plan of the Township of Boonton, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on said Master Plan rather than from the existing front street sideline.
B. 
REAR YARDAn open, unoccupied space, unless occupied by an accessory building or use hereinafter specifically permitted, extending across the full width of any lot between the rear line of any main building thereon and the rear lot line of said lot; provided, however, that the rear yard of any lot that abuts any river shall be measured from said rear building line to the nearest point of the high water mark of the river.
C. 
SIDE YARDAn open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the sideline of the main building nearest thereto; provided, however, that the side yard of any lot that abuts any river shall be measured from said side building to the nearest point of the high water mark of the river.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 58:1A-3 et seq.
[3]
Editor's Note: The former definition of "lot size averaging," which immediately followed this definition, was repealed 4-12-1999 by Ord. No. 591.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-53.5.
Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D), if defined by that statute. In the event of conflict between the definition in this chapter and that contained in said statute, the definition in said statute shall apply.
Words in the present tense include the future; words in the singular include the plural number and words in the plural number include the singular; the word "lot" includes the words "plot" and "parcel"; the word "shall" is mandatory and not directive; the word "person" includes a corporation as well as an individual; and the words "used" and "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied or offered for occupancy." The term "such as," where used herein, shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures. The words "zone" and "district" are synonymous.