[Amended by Ord. No. 15-82; Ord. No. 6-83;
Ord. No. 16-95]
B.
The
provisions of these chapters shall be administered by the Borough
Planning Board and enforced by the Construction Official, Code Enforcement
Official, Zoning Officer, or such other officer or employee designated
by the Borough Manager. Such official may refer any matter to the
Planning Board or Zoning Board of Adjustment for determination if
within that Board's jurisdiction.
[Amended 11-14-2011 by Ord. No. 07-11]
D.
Any matters which are not expressly regulated by the
land use ordinances of the Borough of Mountain Lakes shall be governed
by those applicable provisions of the Municipal Land Use Law. In the
event of any conflict between the land use ordinances of the Borough
of Mountain Lakes and the Municipal Land Use Law, the terms of the
Municipal Land Use Law shall control.
[Added 6-28-1999 by Ord. No. 8-99]
[Amended by Ord. No. 9-82; Ord. No. 15-82;
Ord. No. 6-83; Ord. No. 10-84; Ord. No. 10-85; Ord. No. 11-85; Ord.
No. 2-87; Ord. No. 8A-87; Ord. No. 16-87; Ord. No. 4-88; Ord. No.
7-88; Ord. No. 13-88; Ord. No. 3-90; Ord. No. 1-92; Ord. No. 8-92;
Ord. No. 10-92; Ord. No. 14-92; Ord. No. 16-95; Ord. No. 10-96; Ord.
No. 22-96; Ord. No. 7-97; Ord. No. 28-97; Ord. No. 17-98]
Certain words, phrases and terms in the land
use ordinances are defined for the purpose thereof as follows, unless
the context otherwise requires. Additional definitions of a special
nature will be found in the respective chapters. If any definition
conflicts with the provisions of the Municipal Land Use Law, the provisions
of the Municipal Land Use Law shall govern. If this chapter adds any
provisions concerning definitions, which provisions are not contained
in the Municipal Land Use Law, the provisions of this chapter shall
govern.
A use or structure naturally and normally incident and subordinate
to the main use of the premises.
The administrator appointed by the Borough Manager. This
administrator may serve as the Secretary of the Planning Board and/or
the Zoning Board of Adjustment. Also, more generally, "administrative
officer" shall be defined as the term is used in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., when appropriate to the context.
A nonresidential facility typically operating several hours
per day, providing meals, social and recreational activities, transportation,
personal care and counseling under general supervision for elderly
persons and/or persons with disabilities.
[Added 9-30-2020 by Ord. No. 3-20]
A residential dwelling which is sold or rented at a rate
within the means of a low- or moderate-income household as defined
in N.J.A.C. 5:93-7.4.
A change or rearrangement in a structure or the structural
parts of an existing facility or an enlargement, whether by extension
of a site or by increasing in size or height, or by moving from one
location or position to another.
Any exterior transmitting or receiving device that transmits,
receives, magnifies, captures or radiates electromagnetic waves, digital
signals, analog signals and radio frequencies.
[Added 7-23-2001 by Ord. No. 09-01]
A developer submitting an application for development.
The application or appeal form and all accompanying documents
required for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction for the issuance of a permit.
See "lot area" and "floor area."
A facility licensed by the Department of Health and Senior
Services that provides apartment-style housing, congregate dining,
and provides assisted living services available when needed. Dwelling
units offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance.
[Added 10-8-2018 by Ord.
No. 6-18]
A space, under a sloping roof, in which the possible floor
area with headroom of five feet or more occupies less than 40% of
the total floor area of the story directly beneath.
A place where gasoline, kerosene or any other motor fuel
or lubricating oil or grease for operating motor vehicles is offered
for sale to the public and deliveries are made directly into motor
vehicles, including sale of accessories, greasing, oiling and light
motor service on the premises.
That portion of a building that is partly or completely below
grade. See also "story above grade."
[Amended 9-26-2005 by Ord. No. 14-05]
A room planned, used or intended primarily for sleeping.
Sign.
The area bounded by one or more streets or a municipal boundary
and of sufficient size to accommodate a lot or lots of the minimum
size required in this chapter.
An individual who rents a room or rooms, with or without
private bath, on other than a daily or transient basis for sleeping
and dwelling purposes, in a residence owned by another who also supplies
meals as a part of the rental agreement.
A building containing two or more sleeping and dwelling rooms,
with or without private bath, which are rented to individuals on other
than a daily or transient basis and where meals are cooked for and
served to boarders.
Zoning Board of Adjustment.
A combination of materials, having a roof, to form a construction
or structure adapted to permanent, temporary or continuous occupancy.
That area of a lot which is directly occupied by a building
or structure, but not including uncovered walkways, steps, patios,
a parking lot or any similar improvements thereto. See also "improved
lot coverage."
That portion of the lot area located within applicable setback lines required in Schedule I of Chapter 245, Zoning, available to be used for the placement of buildings and associated improvements.
[Amended 9-27-1999 by Ord. No. 19-99; 9-26-2005 by Ord. No. 14-05]
RESIDENTIAL ZONESThe vertical distance measured from the average elevation of either the existing (original) or finished grade, whichever is lower, at the front of the building to the highest point of the roof, excluding chimneys. The average elevation shall be determined by taking measurements at approximately ten-foot intervals, six feet from the building wall, and averaging them. When a building faces on more than one street, each such elevation shall be considered a front elevation, and the height shall be measured on each street. In such a case, each height must meet the bulk requirements specified in Schedule I. See also footnote 17 in Schedule I.[1]
NONRESIDENTIAL ZONESThe vertical distance measured from the average elevation of the finished grade at the front wall of the structure. (Exception: See Schedule I, Note 2.) Chimneys, equipment, parapet walls, cornices and similar projections are not included in calculating building height; however, such projections shall be included if they cover more than a combined total of 5% of the roof area. Parapet walls, cornices and similar projections may only be of a height necessary to hide utility structures.
Construction Official.
Setback line.
Construction permit.
A building or structure in which is conducted the principal
use of the site on which it is situated.
The modified bulk zoning requirements applicable to contributing dwellings satisfying the eligibility requirements set forth in § 40-49.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
With respect to any contributing dwelling, shall mean:
[Added 3-27-2017 by Ord.
No. 02-17]
A cable television company as defined pursuant to Section
III of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
[Added 6-28-1999 by Ord. No. 8-99]
Governmental acquisition of real property or major construction
project.[2]
A certification, in writing, by the Construction Official
that a premises and its use conform to the applicable codes and regulations
and may be used or occupied.
Written endorsement of a plan which indicates that the plan
meets the standards established by the land use ordinances and other
related regulations.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
Any home or facility, by whatever name known, which is maintained
for the care, development or supervision of six or more children under
six years of age, who attend for less than 24 hours a day, or any
such facility for which a license is required from the State of New
Jersey.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
An organization, corporation or association operating solely
for benevolent, charitable, fraternal, social, religious, recreational,
athletic or similar purposes and not for private gain.
An area to be developed as a single entity according to a
plan containing residential units that have a common or public open
space area as an appurtenance.
The New Jersey Council on Affordable Housing.
Use of a common wireless telecommunications facility or a
common site by two or more wireless license holders or by one wireless
license holder for more than one type of communications technology
and/or placement of a wireless telecommunications facility on a structure
owned or operated by a utility or other public entity.
[Added 7-23-2001 by Ord. No. 09-01]
The Historic Preservation Committee established pursuant
to the provisions of this article.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
An open space area within a site designated as a cluster
development and designed and intended for the use and enjoyment of
residents of the development. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
common use or enjoyment of residents and owners of the development.
See also "open space" and "public open space."
When used in connection with a component of an alteration,
shall mean the component is consistent or in keeping with the original
structure or the existing structure. In order to be compatible, a
component of an alteration is not required to be identical to components
of the original structure or the existing structure. Being compatible
includes both restoration and replacement of the original structural
component.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
An application form completed as specified in the land use
ordinances and certified as such by the administrative officer.
Information in the form of text, maps or oral presentations
that enables the Board to conduct a brief and informal review of an
application for development, prior to the filing of a complete application,
for the purpose of advising the applicant on general procedures and
design questions. See also "plat, sketch."
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning regulations and upon the issuance of an
authorization therefor by the Planning Board.
A person licensed by the State Department of Community Affairs
as a building subcode official and who may also be appointed by the
Borough Manager to act as Zoning Officer.
Certification by the Construction Official that the plans
are in conformance with the applicable ordinances and that construction
may be initiated.
[Amended 7-23-2012 by Ord. No. 08-12; 3-27-2017 by Ord. No. 02-17]
Development other than cluster development.
The current land development standards of the County of Morris,
New Jersey, as adopted by the Morris County Board of Chosen Freeholders
and as amended or supplemented, pursuant to N.J.S.A. 40:27-6.1 et
seq.
An open, unoccupied area which is bounded by three or more
building walls.
Any area which is environmentally sensitive, such as the
prime aquifer area, or which, if disturbed during construction or
operation of the proposed development, would adversely affect the
environment, including but not limited to stream corridors, flood
hazard areas, steep slopes, highly erodible soils, areas of high water
table and mature stands of native vegetation.
A street or portion of a street in which accessibility is
limited to only one means of vehicular ingress or egress.
A portion of land surface or area from which earth has been
or will be removed, dug, quarried, uncovered, displaced or relocated.
Synonymous with "excavation."
Calendar days.
The transfer of property from private to public ownership
for the purpose of public usage of such property.
The razing, dismantling or destruction, whether entirely
or in significant part, of any designated building, structure, site,
object or improvement.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or any other person
having an enforceable proprietary interest in such land.
A contract between the Borough Council and a developer concerning
the implementation of, and guaranties for, development plans.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; any
mining excavation or landfill; and any use or change in the use of
any building or other structure or land, or extension of use of land,
for which permission may be required, pursuant to the Municipal Land
Use Law.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to the Municipal Land Use Law or adopted as part of the land use ordinances.
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communications satellites.
Any activity involving the clearing, excavating, storing,
grading, filling or transportation of soil, or any other activity
which causes soil to be exposed to the danger of erosion. Synonymous
with "land disturbance."
A channel, with or without a supporting ridge on the lower
side, constructed across or at the bottom of a slope.
The removal of surface water or groundwater from land by
drains, grading or other means, and including control of runoff to
minimize erosion and sedimentation during and after construction or
development and the means necessary for water supply preservation
or the prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1A-1 et seq. See "public drainageway."
The topographical pattern or system of drainage of surface
water runoff on a particular site which carries surface water in a
natural drainage flow or watercourse. See "public drainageway."
An establishment where food and/or beverages are served or
delivered through a window or other opening in the building to customers
located outside the building, whether in motor vehicles or otherwise.
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
Rooming or boarding houses and other similar group quarters and institutional
living space shall not constitute a dwelling as defined in this chapter.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants thereof.
A right given by the owner of land to another private or
public party for specific limited use of such land.
A multipurpose children's activity space devoted to learning,
recreation and entertainment, which may offer classes and organized
events such as birthday parties, and which may include accessory retail
sales.
[Added 9-30-2020 by Ord. No. 3-20]
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is a
sufficient compliance with the compulsory education requirements of
the state. Educational uses shall also include institutions of higher
education duly licensed by the State Department of Higher Education.
August 11, 2012.[3]
[Added 7-23-2012 by Ord. No. 08-12]
Any obstruction or disturbance within a delineated floodway
or drainageway.
A municipal advisory body established in Chapter 9.
A written report with illustrations, prepared in accordance
with the requirements of the land use ordinances, which identifies
the environmental, social or economic conditions which may be changed,
and the extent to which they may be changed, by a proposed development.
The wearing away of land by the action of water, wind, gravity,
or ice.
[Amended 5-29-2007 by Ord. No. 09-07]
Any act by which land or rock is cut into, dug, quarried
uncovered, removed, displaced or relocated.
[Amended 5-29-2007 by Ord. No. 09-07]
When used in connection with a structure or a component or feature of a structure, refers to such structure as it existed on the bulk incentives effective date, including alterations deemed to have been made prior to the bulk incentives effective date pursuant to an approval granted under § 40-49B(5).
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
The vertical location of the existing surface of land prior
to grading, excavation or other land disturbance.
[Added 5-29-2007 by Ord. No. 09-07]
Synonymous with "household."
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
Sand, gravel, earth or other materials of any composition
placed or deposited by any person or persons.
The official action of the Planning Board or Zoning Board
of Adjustment taken on a preliminary approved major subdivision or
site plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guaranties properly posted for their completion,
or approval conditioned upon the posting of such guaranties.
See "plat, final."
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use to increase off-site flooding or flood-related damages.
The sum of the gross horizontal areas of all stories, stories
above grade, half stories, stairways, garages, breezeways, porches,
and decks of all buildings on site. Floor area excludes attics, basements,
up to 500 square feet of garage space unless contained within a basement,
port cocheres, unroofed porches and decks, and up to 500 square feet
of roofed breezeways, porches and decks which are open or enclosed
solely by screening. Such areas shall be measured from the exterior
surface of the outside walls or roof of the building.
[Amended 9-26-2005 by Ord. No. 14-05; 11-9-2009 by Ord. No.
16-09]
The sum of the floor areas of all buildings or structures
expressed as a percentage of the total area of the site, except that,
in calculating the FAR involving a room with a cathedral ceiling or
similar architectural treatment to create volume spaces within the
room, each square foot of floor area in such a room shall be counted
as 1.5 square feet of floor area. Where there are vertical walls creating
spaces two stories in height, the area of the floor of the room so
treated shall be multiplied by a factor of 2.0; if such spaces are
greater than two stories in height, the factor shall be 2.5.
The total area of all floors of a building as measured to
the outside surfaces of exterior walls and including halls, stairways,
elevator shafts, basements, attached porches and balconies.
See "lot frontage."
An open space which lies between the setback line of the
principal building and the front lot line.
A building or roofed structure primarily intended for the
storage of one or more vehicles. A garage maintained for the resident
occupant of the premises and in which no service is rendered to the
public or business conducted is a private garage. Any garage other
than a private garage is a public garage.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground slopes away from the exterior walls, the reference plane shall
be established by the lowest points between the building and a point
six feet from the building. Finished ground level shall be measured
at ten-foot intervals at a point six feet from the building utilizing
either existing or proposed grades, whichever is lower.
[Added 9-26-2005 by Ord. No. 14-05]
Any stripping, cutting, filling, stockpiling or any combination
thereof, and includes the land in its cut or filled condition.
Substances that are dangerous or potentially detrimental
to health, safety and welfare; those elements and compounds, including
petroleum products, which are defined as such by the New Jersey Department
of Environmental Protection and Energy and which shall be consistent,
to the maximum extent possible, with, and which shall include, the
list of hazardous substances adopted by the Federal Environmental
Protection Agency pursuant to Section 311 of the Federal Water Pollution
Control Act, Amendments of 1972, Pub. L. 92-500 (33 U.S.C. § 1321),
as amended; and the list of toxic pollutants designated by Congress
or the Environmental Protection Agency pursuant to Section 307 of
that Act (33 U.S.C. § 1317); except that sewage and sewage
sludge shall not be considered as hazardous substances for the purposes
of the land use ordinances.
An establishment open to the public on a membership basis
which provides facilities for personal training, aerobic exercise,
running and jogging, weight training and strength conditioning, game
courts, swimming facilities and exercise equipment and which may include
accessory sauna/steam rooms, showers, lockers, spa treatments, including
massage, snack/juice bars and accessory retail sales of related sports
apparel and equipment.
[Added 9-30-2020 by Ord. No. 3-20]
Building height.
The Mountain Lakes Historic District in the New Jersey Register
of Historic Places and the National Register of Historic Places.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
Any buildings, structures, sites, objects, improvements or
landscapes which are integral components either because they date
from a time period which makes them historically significant or because
they represent an architectural type, period or method which is historically
significant.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the state,
its communities or the nation and that has been so designated, pursuant
to state or federal laws.
An activity carried out for gain by a resident, conducted
as an accessory use in the resident's dwelling unit.
Any number of individuals related by blood, marriage or adoption,
or a limited number of individuals unrelated by blood, marriage or
adoption, living together as a single housekeeping unit and using
rooms, sanitary and cooking facilities in common. The number of unrelated
individuals in a household shall not exceed the number of bedrooms
in the dwelling unit. One on-site parking space shall be provided
for each car owned by a resident. This definition shall not be construed
to exclude up to two domestic employees in addition to a family related
by blood, marriage or adoption, nor to exclude foster children living
with such family in a regular parent-child relationship.
That portion of a lot which is improved or is proposed to
be improved with principal and accessory buildings or structures or
driveways, paved or otherwise, breezeways, porches or roofed decks,
pools, patios, parking lots, pedestrian walkways, signs or other man-made
improvements on the ground surface, excluding lawns or other landscaping
improvements.
An establishment where entertainment or recreation services
are provided to the general public, and for which user fees are charged.
Uses include, but are not limited to roller and ice skating rink,
indoor climbing gyms, gymnastics centers, bowling alleys, arcades,
escape rooms, billiards and virtual experience centers.
[Added 9-30-2020 by Ord. No. 3-20]
A review by the Planning Board of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
Schools, churches, clubs, libraries and public facilities
(other than municipal), but not including hospitals or convalescent
or nursing homes.
Establishments which provide classes and workshops for dance,
yoga, pilates, culinary arts and crafts, music, martial arts, academics
and athletics.
[Added 9-30-2020 by Ord. No. 3-20]
Any person or legal entity whose right to use, acquire or
enjoy property is or may be affected by any action taken by the Planning
Board or the Board of Adjustment under the land use ordinances.
Any ground, soil, or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
[Added 5-29-2007 by Ord. No. 09-07]
See "disturbance of soil."
An on-site accommodation for the parking of a commercial
vehicle during the process of transferring articles, materials, goods
or merchandise between the vehicle and a building.
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit. The fact that a parcel, tract or area is designated
as a separate lot on the Borough tax map does not mean that it meets
this definition.
The area contained within the lot lines but not including
any street right-of-way.
A lot fronting on two streets at their intersection. The
greater frontage of a corner lot is its depth, the lesser frontage
its width.
See "building coverage" or "improved lot coverage," as applicable.
The mean distance between the front and rear lot lines measured
in ten-foot intervals throughout its width parallel to a line connecting
the midpoints of the front and rear lot lines.
The Planning Board may modify the method of computing the
lot dimensions when required by unusually shaped lots where literal
enforcement would be impracticable or would be contrary to the intent
of the chapter.
The distance between the side lot lines at their foremost
points where they intersect with the street line, measured in a straight
line. The street frontage of a corner lot shall be considered to be
the distance between the side lot line and the street side lot line
projected to meet the front lot line. ln the case of lots on a cul-de-sac
circle, the frontage may be reduced to a minimum of 50 feet, provided
that the distance along the front setback line shall meet the required
frontage.
A line of record bounding a lot.
The lot line along the right-of-way or along a private lot
road line.
The lot line opposite and most distant from the front line
and most parallel to same.
Any lot line other than a front or a rear lot line.
Housing affordable according to the United States Department
of Housing and Urban Development or the standards included in the
rules and regulations of COAH for home ownership and rental costs
and occupied or reserved for occupancy by households with a gross
household income equal to 50% or less of the median gross household
income for households of the same size within the housing region in
which the housing is located and which is subject to affordability
controls promulgated or approved by COAH.
Any security, other than cash, that may be accepted by the
Borough for the maintenance of any improvement required by this chapter.
See "performance guaranty."
A site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board, pursuant to the Municipal Land Use
Law.
A development plan of one or more lots not requiring variances
or conditional use approval, any new street or the extension of any
off-street improvement, the cost of which is to be prorated or assigned,
pursuant to the land use ordinances. Such development, as determined
by the Planning Board, must be of minor extent as to both site improvements
and off-site impact.
A subdivision of land that does not result in more than three
lots, including the remaining lot or parcel, or involve a cluster
development, any new street or the extension of any off-tract improvement,
the cost of which is to be prorated or assigned, pursuant to the land
use ordinances. Any subsequent subdivision from any tract of land,
as such tract exists at or after the time of passage of this chapter,
which is submitted within a five-year period from the date of approval
of the previous minor subdivision shall, for the purpose of administering
the provisions of this chapter, be construed as a major subdivision.
Housing affordable according to the United States Department
of Housing and Urban Development or the standards included in the
rules and regulations of COAH for home ownership and rental costs
and occupied or reserved for occupancy by households with a gross
household income in excess of 50% but less than 80% of the median
gross household income for households of the same size within the
housing region in which the housing is located and which is subject
to affordability controls promulgated or approved by COAH.
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
The existing ground surface of land prior to any grading,
excavation, or other land disturbance.
[Added 5-29-2007 by Ord. No. 09-07]
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance but which fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Surface water entering a channel from other than a definable
discharge source.
Anything that interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
See "child-care center."
A building, other than a hospital, providing lodging, food,
and/or supplemental health care for the ill, injured or elderly and
meeting the standards of the New Jersey Department of Institutions
and Agencies to operate as a nursing home.
Any individual, firm, association, corporation or other legal
entity and shall include either the subdivider or other owner or both
as may be required by the Borough. The obligor shall be responsible
for posting and executing any required performance guaranty.
Includes, but is not to be limited to, any structure, fill,
excavation, channel modification, rock, gravel, refuse or matter in,
along, across or projecting into any channel, watercourse or flood
area which may impede, retard or change the direction of the flow
of water either in itself or by catching or collecting debris carried
by such water or that is placed where the flow of water might carry
the same downstream to pose danger to life or property or substantially
change the environmental characteristics.
The use of any structure for any other purpose than dwelling.
The use of any structure for dwelling purposes for any period
of time.
A document adopted pursuant to the provisions of § 40-44.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of an application for development or within a contiguous portion of
a street or right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of an application
or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land. See "common open
space."
When used in connection with a structure or a component or
feature of a structure, refers to such structure as it existed when
originally constructed.
[Added 3-27-2017 by Ord.
No. 02-17]
The structure as it existed when originally constructed.
[Added 7-23-2012 by Ord. No. 08-12]
An individual or other legal entity having proprietary interest
in the land. Under these land use ordinances, an owner may also be
a developer.
Two or more contiguous parcels of real property in substantially
the same ownership.
A separate parcel of real property not contiguous to land
in substantially the same ownership.
A lot or a contiguous group of lots in common or single ownership
or under single control and considered a unit for purposes of development.
Synonymous with "plot" and "site."
Any open area used for the temporary storage of registered,
operable automobiles and other vehicles for the private use of the
owners or occupants of the lot on which the area is located.
Any open area, other than a road or other public way, used
for the temporary storage of operable, registered automobiles and
other vehicles and available to the public, whether for a fee or without
compensation or as an accommodation for clients, customers or employees.
An accommodation for the off-street parking of one operable,
registered motor vehicle.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice, pursuant to the Municipal Land Use Law.
Any security that 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. See also "maintenance guaranty."
See "standards."
Any use which shall be allowed subject to the provisions
of these land use ordinances.
Any natural person or legal entity.
[Added 5-29-2007 by Ord. No. 09-07]
An establishment that provides temporary boarding; training,
grooming and care for dogs, cats or other domestic animals or household
pets. This shall not include overnight boarding of pets, the breeding
or sale of animals or veterinary services customarily offered at an
animal clinic or hospital.
[Added 9-30-2020 by Ord. No. 3-20]
Written and graphic materials describing provisions for development,
including a plat or subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, public or private streets, ways and parking facilities,
open space and public facilities.
The Board established in Article II.
A map or maps of a subdivision or site plan.
The final map or maps of all or a portion of the subdivision
or site plan which are presented to the Planning Board for final approval
in accordance with the land use ordinances and which, if approved,
shall be filed with the clerk of the County of Morris for recording
in accordance with the law.
The maps indicating the proposed layout of the subdivision
or site plan which shall be submitted to the Planning Board for preliminary
approval and which meet the requirements of the land use ordinances.
The map or maps of a cluster development proposal of sufficient
accuracy to be used for the purpose of discussion and classification
and meeting the requirements of the land use ordinances. See also
"concept plan."
Any structure or structures erected on a residential property
intended for play or recreation, including jungle gyms and swing sets
but excluding basketball hoops. A playhouse shall not be considered
play equipment but for all purposes shall be considered an accessory
structure, building or improvement.
[Added 10-10-2000 by Ord. No. 24-2000]
Any material which is listed on the list of
Environmental Protection Agency (EPA) pollutants, 40 CFR 116.4 and
401.15, as amended;
Any chemical listed as acutely toxic in Appendix
A of the EPA Chemical Emergency Preparedness Program, Interim Guidelines;
Any material which is classified by the National
Fire Protection Association (NFPA) as either a flammable liquid, a
Class II combustible liquid or a Class IIIA combustible liquid; or
Any material which is listed or defined as explosive,
flammable, reactive or corrosive by the Department of Transportation,
49 CFR 172.101, as amended.
The conferral of certain rights as to site plans and major
subdivisions, pursuant to the land use ordinances, prior to final
approval and after specific elements of a development plan have been
agreed upon by the Planning Board and the applicant.
A lot or parcel of ground, including any structures thereon.[4]
For a contributing dwelling that has only one street-facing
facade, the primary street-facing facade is such street-facing facade.
For a contributing dwelling that has more than one street-facing facade,
the primary street-facing facade will be the street-facing facade
of the contributing dwelling with the greatest width, with the following
exceptions:
[Added 3-27-2017 by Ord.
No. 02-17]
If the contributing dwelling has a formal (or "front") entrance
door in the street-facing facade facing the street that is also the
street of the contributing dwelling's street address, the primary
street-facing facade is the street-facing facade containing such entrance
door; and
The owner of a contributing dwelling with multiple street-facing
facades may designate another street-facing facade as the primary
street-facing facade for that contributing dwelling, provided that
the Committee determines that such designation will better preserve
the historic integrity of the contributing dwelling or the historic
streetscape.
Any use which shall not be allowed.
Public parks, playgrounds, trails, paths, lakes, streams
and other recreational areas and public open spaces; scenic and historic
sites; and sites for schools and other public buildings or structures.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
See also "drainageway."
An open space area conveyed or otherwise dedicated to the
Borough, a Borough agency, the Board of Education, a state or county
agency or any other public body for recreational or conservational
uses. See also "common open space."
Telephone, cable television and electric lines, poles, equipment
and structures, water or gas pipes, hydrants, valves, mains or structures
or sewer pipes, together with accessories and appurtenances, maintained,
operated and conducted for the service, convenience, necessity, health
and welfare of the public.
The majority of the full authorized membership of a Borough
agency.
The portion of rainfall which becomes direct surface runoff.
Facilities operated as a business and open to the public
for a fee.
Facilities operated as a business and open only to bona fide
members and guests of such organization.
Facilities operated by a nonprofit organization and open
only to bona fide members and guests of such nonprofit organization.
The act or process of replicating any exterior architectural
feature that is used to substitute for a deteriorated or extensively
damaged architectural feature.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
The number of dwelling units per gross acre of residential
land area, including streets and open space portions of a development
but excluding prior easements.
Any street, road, parking facility, sidewalk, drainage structure
and/or utility for a residential subdivision and/or site plan.
[Added 6-28-1999 by Ord. No. 8-99]
The statewide standards adopted by the New Jersey Department
of Community Affairs governing the construction, alteration, addition,
repair, removal, demolition, maintenance and use of residential site
improvements.
[Added 6-28-1999 by Ord. No. 8-99]
An establishment regularly used for the purpose of providing
food and refreshment for consumption by the public inside the premises.
A restaurant may include the sale of takeout items (that is, food
or beverage items which are ready for consumption and are packaged
to be taken off the premises and consumed elsewhere), provided that
the sale of such items is clearly a subordinate and incidental part
of the restaurant business. It may include outdoor dining facilities
subject to submission of and approval of a site plan by the Planning
Board. All service is to be provided by employees of the restaurant,
including cleanup of tables.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time. It may sometimes mean the removal of later work or
the replacement of missing earlier work.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
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. Not included are conveyances combining
existing lots by deed or other instrument.
An establishment engaged in selling goods or services to
the general public for personal or household use or consumption. Retail
businesses shall include, but not be limited to, clothing boutiques,
bookstores and establishments where food and/or beverage items which
are prepared and ready for consumption are sold and delivered to the
customer inside a building and are packaged to be taken off the premises
and consumed elsewhere. They may include outdoor dining facilities
subject to submission and approval of a site plan by the Planning
Board. All service is to be provided by employees of the establishment,
including cleanup of tables. Such business shall include, without
limitation, bakeries and delicatessens.
The sale of items on the premises directly to the consumer
and not for resale.
A structure constructed to hold back or support an earthen
bank.
The strip of land on which a street, path or municipal utility
is located, owned by or dedicated to the public.
The boundary of a right-of-way.
A street which has been accepted and is maintained by the
Borough, or any federal, state or county road.
An individual who rents or occupies, as a lodger, a room
without cooking facilities, in a residence owned by another, on other
than a transient basis.
A building containing two or more sleeping and dwelling rooms,
with or without private bath, which are rented to individuals on other
than a daily or transient basis and where no meals are cooked for
and served to roomers.
An establishment where clothes and other types of fabrics
are dropped off and picked up before and after dry cleaning, which
process is conducted entirely off-premises.
[Added 9-30-2020 by Ord. No. 3-20]
Solid material, both mineral and organic, that is in suspension,
is being transported or has been removed from its site of origin by
air, water or gravity as a product of erosion.
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
[Amended 5-29-2007 by Ord. No. 09-07]
A building or group of buildings containing individual and
private storage spaces of varying sizes available for lease or rent
for varying periods of time and where the occupants have access to
the facility only to store and remove their personal property.
[Added 9-30-2020 by Ord. No. 3-20]
That line to which a building and any porches, patios or
carports, whether or not enclosed, must be set back from the street
line or lot lines. The setback distance shall be measured at right
angles to the street line or lot line. Short entrance stairs, driveways
and walkways shall be excluded from setback requirements.
[Amended 5-27-2014 by Ord. No. 05-14]
An establishment or other organization, whether
for profit or not, that regularly offers any one or more of the following
products or services as a substantial portion of its business or operation:
Sale, rental, use, dissemination or display
of any of the following: books, magazines, periodicals or other printed
material or photographs, films, motion pictures, videocassettes, slides
or other visual representations which depict or describe a specified
sexual activity or specified anatomical area; or still or motion picture
machines, projectors or other image-producing devices where the images
so displayed are characterized by the depiction of a specified sexual
activity or specified anatomical area; or instruments, devices or
paraphernalia which are designed for use in connection with a specified
sexual activity;
Waiters, waitresses, dancers or other live performances
characterized by the exposure of a specified anatomical area or by
a specified sexual activity; or
Massage or other manipulation of a specified
anatomical area or involving a specified sexual activity or administered
to or by a person with any specified anatomical area not completely
and opaquely covered.
A hotel, motel, club or other establishment, whether for profit or not, which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or offers a sleeping room for rent for a period of time that is less than 10 hours; or allows an occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours; or provides any of the other products or services described in Subsection A(1) through (3) above.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
This shall include 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. "Sign" shall include "billboard."
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
driveways, parking spaces, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, structures and
signs, lighting and screening devices; and any other information that
may be reasonably required in order to make an informed determination
as to approval of the plan by the Planning Board, pursuant to these
land use ordinances.
All mineral or organic material of whatever origin that overlies
bedrock and can be readily excavated.
The Morris County Soil Conservation District, which is a
governmental subdivision of this state organized in accordance with
the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
[Added 5-29-2007 by Ord. No. 09-07]
Less than completely covered and opaquely covered human genitals,
pubic region, buttock or female breasts below a point immediately
above the top of the areola, or human male genitalia in a discernibly
turgid state, even if covered.
The fondling or other erotic touching of covered or uncovered
human genitalia, pubic region, buttock or female breast, or any actual
or simulated act of human masturbation, sexual intercourse or deviate
sexual intercourse.
Design and maintenance regulations and criteria.
The keeping or placing of goods, wares, material, merchandise
or equipment in a warehouse or other structure or in any open spaces.
That portion of a building included between the surface of
any one floor and the ceiling next above it. See also "basement,"
"story above grade," "story, half," and “attic.”
[Amended 9-26-2005 by Ord. No. 14-05]
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is
more than six feet above grade plane; more than six feet above the
finished ground level for more than 50% of the total building perimeter;
more than 12 feet above finished ground level at any point. Finished
ground level shall be measured at ten-foot intervals at a point six
feet from the building utilizing either existing or proposed grades,
whichever is lower.
[Added 9-26-2005 by Ord. No. 14-05]
A partial story under a roof which has the line of intersection
of the roof and the wall face not more than three feet above the floor
level and in which space the floor area with headroom of five feet
or more occupies no less than 40% and no more than 80% of the area
of the story directly beneath. Where such floor area occupies less
than 40%, it shall be considered an attic. Where it occupies more
than 80%, it shall be considered a story. Dormers are included in
determining the story status. See also "story."
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Borough roadway,
or a street or way shown upon a plat hereto approved pursuant to law
or approved by official action, or a street or way on a plat duly
filed and recorded in the office of the County Recording Officer prior
to the appointment of a Planning Board and the grant to such Board
of the power to review plats. "Street" shall include the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines.
The principal facade of a contributing dwelling that 1) directly
faces a street which abuts the property on which the contributing
dwelling is located and which is actively used as a roadway for vehicular
traffic by the public, and 2) is at an angle of 0° to 45°
to the portion of such street that abuts the property. Contributing
dwellings located on corner lots and "through lots" shall typically
be considered to have two street-facing facades.
[Added 7-23-2012 by Ord. No. 08-12; amended 3-27-2017 by Ord. No. 02-17]
Right-of-way line.
Any activity which removes or significantly disturbs the
vegetative surface cover of the land, including clearing and grubbing
operations.
[Added 5-29-2007 by Ord. No. 09-07]
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Any owner of land commencing proceedings to effect a subdivision
of land for himself or for another in accordance with these land use
ordinances.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The term "subdivision" shall also include the term "resubdivision."
The following shall not be considered subdivisions, if no new streets
are created:
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons, and
all of which are found and certified 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.
A committee of Planning Board members appointed by the Chairperson
of the Board for the purpose of reviewing and clarifying proposed
subdivisions in accordance with the provisions in these land use ordinances
and performing such other duties relating to land subdivision as may
be conferred on this Committee by the Board.
Temporary or permanent watercourses, water bodies or wetlands
where the waters are exposed to the atmosphere.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes,
but is not limited to, radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, alterative
tower structures and the like.
[Added 7-23-2001 by Ord. No. 09-01]
A single-family dwelling attached to other similar dwellings
by common walls extending from the foundation to the roof, provided
with individual front and rear entrances and yards designed as an
integral part of each unit, same as "townhouse unit."
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of the
land use ordinances.
Stabilization of erosive or sediment-producing areas of land
covering the soil with either one or more of the following: (i) permanent
seeding or permanent plantings producing long-term vegetative cover
of land; (ii) short-term seedling or short-term plantings producing
temporary vegetative cover of land; (iii) sodding producing areas
covered with turf of perennial sod-forming grass.
[Added 5-29-2007 by Ord. No. 09-07]
A natural or man-made permanent lake or pond fed by precipitation,
surrounding drainage, springs or groundwaters. See also "wetlands,"
"watercourse" and "surface waters."
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash, or other waterway in which water flows in a definite direction
or course, either continuously or intermittently, and has a definite
channel, bed and banks, and includes any adjacent area subject to
inundation by reason of overflow or floodwater.
[Amended 5-29-2007 by Ord. No. 09-07]
An area or areas of surface water runoff which drain into
a watercourse, and includes all areas down to the next larger watercourse.
An area described in plan view around a well, from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality of water withdrawn from
the well.
[Added 9-14-2015 by Ord.
No. 08-15]
Areas defined as "freshwater wetlands" in the New Jersey
Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. Wetlands
generally include swamps, marshes, bogs and similar areas. Wetlands
have the following environmental characteristics:
Hydric soils, as defined by the United States
Soil Conservation Service and the United States Army Corps of Engineers,
are present.
The vegetation is dominated by obligate hydrophytic
vegetation, as identified by the United States Fish and Wildlife Services
and used by the United States Army Corps of Engineers in determining
wetlands.
The hydrology is characterized by inundation,
either permanently or periodically, at mean water depths of less than
6 1/2 feet, or the soil is saturated to the surface at some time
during the growing season of the prevalent vegetation.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings and security
fencing.
[Added 7-23-2001 by Ord. No. 09-01]
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers and facilities defined as wireless telecommunications
equipment facilities.
[Added 7-23-2001 by Ord. No. 09-01]
An open space which lies between the principal or accessory
building or buildings and the nearest lot line, unoccupied and unobstructed
from the ground upward except as herein permitted.
The same as "Board of Adjustment," the Board established in Article III.
A code regulating the use of land in accordance with the
New Jersey Municipal Land Use Law.[5]
A document signed by the Zoning Officer which is required
by this code as a condition precedent to the commencement of a use
or the demolition, construction, reconstruction, alteration, conversion,
or installation of a structure, and which acknowledges that such use,
structure or building complies with the provisions of the Zoning Ordinance[6] or an approved variance, or is a legal nonconforming use.
[Added 7-28-2014 by Ord. No. 08-14]
[2]
Editor's Note: The former definition of “cellar,”
which definition immediately followed this definition, was repealed
9-26-2005 by Ord. No. 14-05.
[3]
Editor's Note: This effective date applies to Ord. No. 08-12
only.
[4]
Editor’s Note: The former definition of “prime
aquifer area,” which immediately followed this definition was
repealed 9-14-2015 by Ord. No. 08-15.
