Borough of Hillsdale, NJ General Provisions

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

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

APPLICATION FOR DEVELOPMENT

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

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

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

AGGREGATE SQUARE FOOTAGE

The total or collective amount of square footage.

[Added 10-4-2011 by Ord. No. 11-17]

ALTERATIONS

As applied to a building or a structure, a change or rearrangement of structural parts or existing facilities, or any enlargement or relocation, whether by extension of a front, rear or side or by increase in height or in depth or by moving from one location or position to another.

APARTMENT UNIT

One of more rooms with private bath and kitchen facilities constituting an independent self-contained dwelling unit in a building containing another use or another dwelling unit.

[Added 9-4-2018 by Ord. No. 18-09]

APPLICANT

A person submitting an application for development.

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

The application form and all accompanying documents required by ordinance in connection with any development (as said term is hereinafter defined), including approval of a subdivision plat, site plan, conditional use, zoning variance, permit for construction within the bed of a mapped street or permit for construction of a structure not having access or not related to a street.

ATTIC

That part of a building that is immediately below and wholly or partly within the roof framing.

[Added 9-13-2005 by Ord. No. 05-14]

AWNING

A roof-like covering of canvas or cloth that is attached to a frame, which projects from the wall of a building and is supported entirely by the building. Fixed awnings are permitted signage, roll-out awnings are not.

[Added 10-4-2011 by Ord. No. 11-17; amended 3-8-2016 by Ord. No. 16-06]

AWNING SIGNS

Awning signs shall consist of the following two types:

[Added 10-4-2011 by Ord. No. 11-17]

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

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

BANNER

Any temporary sign applied to paper, plastic or fabric of any kind which shall be permitted by the Code.

[Added 10-4-2011 by Ord. No. 11-17]

BASEMENT

That portion of a building that is partly underground that has more than 1/2 its interior height (measured from floor to bottom of floor joists) above the average finished grade of the ground adjoining the building.[1]

BOARDINGHOUSE

A dwelling unit or part thereof in which, for compensation, lodging and meals are provided and personal and financial services may be offered.

[Added 9-4-2018 by Ord. No. 18-09]

BRACKET

The supporting frame of a sign.

[Added 10-4-2011 by Ord. No. 11-17]

BUILDING

Any structure having a roof supported by arches, columns, piers or walls. This term shall include tents, air-supported structures, lunch wagons, mobile homes, trailers, dining cars, camp cars or other structures on wheels or having other supports.

BUILDING COVERAGE

Building coverage shall be computed by determining the first floor area of any and all structures intended to be used or occupied on a permanent or temporary basis, and shall include but not be limited to, buildings, sheds, pool houses and garages.

[Amended 4-13-2004 by Ord. No. 04-10; 9-13-2005 by Ord. No. 05-14]

BUILDING FACE OR FACADE

The side of the building where the main entrance is located. The length along a ground-floor building front, substantially parallel to the lot line of street or traveled way accessible from a street, which is occupied by a separate and distinct use (see definition below), or the length along a traveled way accessible from a street, that is occupied by a separate and distinct use or by the same use that occupies the front of said building.

[Added 10-4-2011 by Ord. No. 11-17]

BUILDING HEIGHT

The vertical distance measured from average finished grade taken at a 5' offset from the perimeter of the Building to the highest point of the roof.

[Added 9-4-2018 by Ord. No. 18-09]

BUILDING LINE

A line formed by the intersection of a horizontal plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface.

CANOPY

A fixed metal frame with a fabric cover either fixed to a facade or projecting from the facade and supported from grade.

[Added 10-4-2011 by Ord. No. 11-17]

CARPORT

A roofed garage providing space for the parking of motor vehicles, which may be open on not more than three sides.

[Added 7-13-2010 by Ord. No. 10-08]

CELLAR

The portion of a building that is partly or completely underground that has more than 1/2 interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.

CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND

A certificate issued by the Planning Board Secretary certifying:

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

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

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

COMMERCIAL DISTRICT

The area of the Borough located within the C Commercial Zone as shown on the official Zoning Map.[2]

[Added 10-4-2011 by Ord. No. 11-17]

COMMON OPEN SPACE

An open space area within a tract or related to a site designated as a development, and designed and intended as undisturbed open space or recreation for use or enjoyment of residents and owners of the development. Passive recreation improvements, including but not limited to walking paths, benches and tables, are permitted.

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

COMPLETE APPLICATION

An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the Administrative Officer for the purposes of the commencement of the time period for action by the municipal agency.

COMMUNITY RESIDENCE

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and adult family care homes for elderly persons and physically disabled adults shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts.

[Added 9-4-2018 by Ord. No. 18-09]

Community residence for the developmentally disabled means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S.30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

Community shelter for victims of domestic violence means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c.337 (C.30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

Community residence for persons with head injuries means a community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.).

Person with head injury means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

Community residence for the terminally ill means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

CONDITIONAL USE

A use permitted in a particular zoning district if there has first been a showing before the Planning Board and determination by the Planning Board that such use in a specified location will comply with the conditions and standards contained in Part 4 of this chapter for the location or operation of such use.

CORNICE

Any continuous molded projection that crowns or finishes the part to which it is affixed, such as a wall or door opening; most notably, the exterior trim of a structure at the meeting of the roof and wall.

[Added 10-4-2011 by Ord. No. 11-17]

COUNTY PLANNING BOARD

The Bergen County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).

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

DAYS

Calendar days.

DECK

An unroofed platform, either freestanding or attached to a building or other improvement, that is supported by pillars, posts, walls or foundations.

[Added 7-13-2010 by Ord. No. 10-08]

DETACHED SINGLE-FAMILY DWELLING

A building containing one dwelling unit that is not attached to any other dwelling unit and is surrounded by open space or yard.

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

DEVELOPMENT

The division of a parcel of land into two or more parcels or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mine, excavation or landfill and any use or change in the use of any building or other structure or of land or extension of use of land, for which permission may be required pursuant to this chapter.

DIRECTORY SIGN

Any sign that contains listings of two or more commercial establishments that share a common entrance.

[Added 10-4-2011 by Ord. No. 11-17]

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGEWAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.[3]

DUPLEX

A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.

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

DWELLING, MULTIFAMILY

A building designed or occupied as three or more dwelling units for three or more families living independently of each other.

DWELLING, ONE-FAMILY

A detached building designed or occupied as a dwelling unit for one family.

DWELLING, TWO-FAMILY

A detached building designed or occupied as two dwelling units for two families living independently of each other.

DWELLING UNIT

A structure or portion thereof that is used exclusively for human habitation.

[Amended 9-4-2018 by Ord. No. 18-09]

ELDERLY FAMILIES

The head of which either spouse is 62 years of age or over.

ENVIRONMENTAL COMMISSION

The Environmental Commission of the Borough of Hillsdale created pursuant to N.J.S.A. 40:56A-1 et seq.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or by governmental agencies, of underground or overhead gas, electric, electronic, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, antennas, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

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

EXPANSION

Construction on an existing structure that results in new floor area where none previously existed.

[Added 4-13-2004 by Ord. No. 04-10; amended 9-13-2005 by Ord. No. 05-14]

FAMILY

A group of individuals, not necessarily related by blood, marriage, adoption, or guardianship, living together in a dwelling unit as a single housekeeping unit; but not including any society, club, fraternity, sorority, association, lodge, federation, or like organization, or any group of individuals who are in a group living arrangement as a result of criminal offences.

[Amended 12-14-1993 by Ord. No. 93-22; amended 9-4-2018 by Ord. No. 18-09]

FENCE SIGN

Any sign attached to a picket or board fence that has received prior and separate approval from the Planning Board.

[Added 10-4-2011 by Ord. No. 11-17]

FINAL APPROVAL

The official action of the Planning Board taken on a major subdivision after preliminary approval or on a site plan after all conditions, engineering plans and other requirements having been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and meeting the requirements of § 310-92 and which, if approved, shall have been filed with the proper county recording officer.

FLAG

Any fabric or bunting used as a symbol of government, political subdivision, corporation or business or other entity.

[Added 3-8-2016 by Ord. No. 16-06]

FLAG SIGN

Any sign that is constructed of fabric. A flag sign shall not include a national, state or local flag.

[Added 10-4-2011 by Ord. No. 11-17]

FLOOR AREA RATIO (FAR)

The sum of the area of all floors of existing or new buildings or structures, compared to the total area of the property on which the structures are located, expressed as a percentage. The computation of floor area ratio includes the principal and all accessory structures and buildings, such as sheds and garages located on the lot. Habitable attic space as defined in this § 310-4 is included in the FAR calculation. Basements, cellars, and uncovered decks and patios are not included in the computation. Roofed and/or covered decks and patios are considered buildings and included in the FAR calculations. FAR computations shall be taken from the exterior face of outside walls, pillars and/or columns and include the wall thickness.

[Added 4-13-2004 by Ord. No. 04-10; amended 9-13-2005 by Ord. No. 05-14; 7-13-2010 by Ord. No. 10-08

FRONT ENTRANCE

The primary public entrance.

[Added 10-4-2011 by Ord. No. 11-17]

GARAGE, PRIVATE

A building or space accessory to a residence designed or used for the storage of motor vehicles and in which no occupation, business or service is conducted for profit.

GARAGE, PUBLIC

A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories or the keeping of such vehicles for hire.

GRADE, FINISHED

The completed surfaces of lawns, landscaped areas, driveways, walks and roads.

GROSS FLOOR AREA TOTAL

The sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the center line of party or common walls, including:

Basement space.

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

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

Elevator shafts and stairwells at each floor.

Roofed porches, breezeways, interior balconies and mezzanines and penthouses.[4]

GROUP HOME --

No zoning ordinance shall, by any of its provisions or by any regulation adopted in accordance therewith, discriminate between children who are members of families by reason of their relationship by blood, marriage or adoption, and resource family children placed with such families in a dwelling by the Division of Youth and Family Services in the Department of Children and Families or a duly incorporated child care agency and children placed pursuant to law in single family dwellings known as group homes. As used in this section, the term "group home" means and includes any single family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Children and Families in accordance with rules and regulations adopted by the Commissioner of Children and Families provided, however, that no group home shall contain more than 12 children.

[Added 9-4-2018 by Ord. No. 18-09]

HABITABLE ATTIC SPACE

An attic that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than 1/3 of the new floor below. Habitable attic space is served by a heating system and includes attic space used for living, sleeping, eating or cooking, as well as bathrooms and toilet rooms. Unheated storage and utility spaces are not considered habitable attic space.

[Added 9-13-2005 by Ord. No. 05-14]

HOUSING UNIT

A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate bedroom, bathroom and kitchen facilities.

[Added 9-4-2018 by Ord. No. 18-09]

IMPERVIOUS COVERAGE

Impervious coverage shall include all of the square footage under the definition of "building coverage," plus driveways, decks that do not allow rain water to be directly absorbed by the ground, patios, sidewalks, walkways, decking surrounding swimming pools, tennis courts, basketball courts or other similar facilities constructed with an impervious surface. Surfaces such as brick pavers, laid stones, slate or timber with open joints shall all constitute 50% of impervious surface coverage. Surfaces such as gravel, loose stones and special paver stones with voids for grass shall constitute 25% impervious surface coverage.

[Added 4-13-2004 by Ord. No. 04-10; amended 9-13-2005 by Ord. No. 05-14]

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any law of this state or of the United States have been denied, violated or infringed by an action or a failure to act hereunder.

LAND USE OFFICER

The person or persons having the duty of administering and enforcing the provisions of this chapter.

LIGHTING and ILLUMINATION

[Added 10-4-2011 by Ord. No. 11-17; amended 3-8-2016 by Ord. No. 16-06]

Temporary signs shall not be illuminated.

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

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

No action or moving illumination shall be permitted.

MOTOR VEHICLE SERVICE STATION

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

(4)

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

(5)

LED illumination is prohibited, except for "Open" signs.

LINTEL

A horizontal architectural member supporting the weight above an opening such as a window or a door.

[Added 10-4-2011 by Ord. No. 11-17]

LOADING SPACE

Any off-street space available for the loading or unloading of goods and having direct usable access to a street.

LOGO

Any symbol, shape, graphic or picture that a company uses to represent itself as a branding tool.

[Added 3-8-2016 by Ord. No. 16-06]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The area of a lot expressed in square feet or acres. Any portion of a lot included in a street shall not be included in calculating "lot area." However, any portion of a lot dedicated to the Borough for other public use shall not be deducted from the calculation of the "lot area."

LOT TYPES

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

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

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

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT FRONTAGE

The portion of the lot abutting the front lot line. In the case of corner lots, the portion of the lot abutting the shorter of the two street lines shall be considered as the frontage. If two street frontages of a corner lot are the same length, the owner may, in the application for the building permit, elect which street shall be the front lot line of the lot.

LOT LINE, FRONT

The line of a street on which a lot fronts or abuts the street line.

LOT LINE, REAR

The lot line (other than in the case of a through lot) which is the farthest lot line from the street. In the case of a through lot or where there is any question, the Land Use Officer shall designate the rear lot line.

LOT LINE, SIDE

The lot boundary line that connects a front lot line with a rear lot line, including a lot line of an offset portion of a lot.

LOT WIDTH

The mean distance between the side lot lines.

MAINTENANCE GUARANTY

Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

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

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MANSARD ROOF

A sloped roof around the perimeter of a building that approaches the vertical.

[Added 10-4-2011 by Ord. No. 11-17]

MASTER PLAN

A composite of mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.

MINOR SITE PLAN

A development plan of one or more lots which:

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

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

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

MINOR SUBDIVISION

A subdivision of land that does not involve:

The creation of more than three lots;

A planned development;

Any new street; or

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

MIXED USE

A lot or structure containing more than one principal zoning use.

[Added 6-12-2018 by Ord. No. 18-12]

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

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

Tire servicing and repair, but not recapping or regrooving

NONCONFORMING STRUCTURE OR USE

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

(4)

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

(5)

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

(6)

Greasing and lubrication.

(7)

Providing and repairing fuel pumps, oil pumps and lines.

(8)

Minor servicing and repair of carburetors.

(9)

Emergency wiring repairs.

(10)

Adjusting and repairing brakes.

(11)

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

(12)

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

(13)

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

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

MULTI-FAMILY HOUSING

A building containing three or more dwelling units that share common horizontal and/or vertical separations.

[Added 6-12-2018 by Ord. No. 18-12]

MUNICIPAL AGENCY

The Planning Board or the Borough Council, whenever either of them shall be acting pursuant to this chapter.

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

NONCONFORMING LOT

A lot the area, dimension or location of which does not conform with the regulations of this chapter for the district in which it is located, but that was lawfully in existence before the effective date of this chapter or that exists by virtue of a duly granted variance.

Any structure or use that does not conform with the regulations of this chapter lawfully in existence before the effective date of this chapter or that exists by virtue of a duly granted variance.

NURSING, REST, CONVALESCENT HOME

A home for the aged, chronically ill or incurable person where persons are housed or lodged and furnished with board and nursing care for compensation.

OFFICIAL MAP

A map adopted in accordance with Article 5 of the Municipal Land Use Law.[5]

OFF-PREMISES SIGN

A sign that advertises or announces a use conducted or goods available elsewhere than the lot or building where the sign is located.

[Added 10-4-2011 by Ord. No. 11-17]

OFF-SITE

Located outside the lot lines of the lot in question but within the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-PREMISES SIGN

A sign that advertises or announces a person occupying the premises, a use conducted or goods available on the lot or in the building where the sign is located.

[Added 10-4-2011 by Ord. No. 11-17]

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OWNER

Any person having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter. Such interest shall include an option or contract to purchase or lease the land.

PARKING SPACE

A space for the parking of a motor vehicle within a public or private parking area provided that such space shall have a minimum width of 9 feet and a minimum depth of 18 feet, exclusive of maneuvering areas, passageways, driveways and loading spaces appurtenant thereto.

[Amended 9-4-2018 by Ord. No. 18-09]

PARTY IMMEDIATELY CONCERNED

Any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this chapter.

PATIO

A level, landscaped, and/or surface area located at grade level that is not covered by a roof.

[Added 7-13-2010 by Ord. No. 10-08]

PERFORMANCE GUARANTY

Any security which may be accepted by the Borough, including cash; provided that the Borough shall not require more than 10% of the total performance guaranty in cash.

PERMIT, BUILDING

A certificate issued pursuant to Chapter 124, Construction Codes, Uniform, for the construction, reconstruction, remodeling, alteration or repair of a structure in accordance with plans and specifications accompanying the application for the permit.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued by the Land Use Officer upon the proper completion of the work for which a building permit has been issued or upon a change in the nature of the occupancy or use of a building or land, which certifies that all requirements of this chapter or such variance therefrom as has been granted by the Planning Board have been met and that the purpose for which the structure or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located.

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

PHYSICALLY HANDICAPPED

Person confined to a wheelchair or persons deemed disabled under rules and regulations promulgated by the United States Department of Housing and Urban Development.[6]

PLAT

The map or maps of a subdivision or site plan.

PLYWOOD

Permitted plywoods for sign construction when edge banded includes APA medium-density overlay ("MDO") (plywood manufactured with a smooth, opaque, resin-treated fiber overlay providing an ideal base for paint on one or both sides); or APA marine plywood.

[Added 10-4-2011 by Ord. No. 11-17]

PORTABLE SIGN

A freestanding sign not permanently affixed, anchored or secured to the ground or a structure on the lot it occupies or any sign mounted on wheels, excluding signs affixed to or painted on a vehicle whose primary purpose is other than to be a sign. Includes sandwich boards and blackboards.

[Added 10-4-2011 by Ord. No. 11-17]

PRELIMINARY APPROVAL

Rights conferred pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and applicant.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 310-89 of this chapter.

PRIMARY USE

A principal use permitted in the district.

PRINCIPAL BUILDING

A building used for a primary use.

PROJECTING SIGN

A projecting sign is supported by a building wall and projects perpendicularly from the wall.

[Added 10-4-2011 by Ord. No. 11-17]

PUBLIC AREAS

Publicly owned or controlled lands, including:

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

Parking lots and other public open spaces.

Scenic and historic sites,

Sites for schools and other public buildings and structures.

PUBLIC ENTRANCE

The ingress and egress location into a commercial or business establishment commonly used by the public.

[Added 10-4-2011 by Ord. No. 11-17]

PUBLIC UTILITY

As herein used, this term shall have the meaning set forth in N.J.S.A. 48:2-13.

QUORUM

The majority of the full authorized membership of the Planning Board or the Borough Council, as provided by law.[7]

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

RESTAURANT

Any establishment, however designated, at which food is sold for consumption within the principal structure, but not including a snack bar or refreshment stand accessory to a public area if such bar or stand is operated by or with the approval of the agency having control of the public area and is primarily for the convenience of persons lawfully within the public area.

RESTAURANT, DRIVE-IN

An establishment where patrons are served food, soft drinks, ice cream and similar confections primarily for consumption on the premises but other than within the principal structure.

RESTAURANT, DRIVE-THROUGH

A restaurant from which patrons may purchase food and beverages ready for consumption received via a motor vehicle drive-through window located in the principal structure or accessory structure. Consumption of the food and beverages is designed to occur outside the confines of the property on which the restaurant is located.

[Added 10-8-2002 by Ord. No. 02-12[8]]

RETAINING WALL

A structure separating varying ground levels.

SATELLITE ANTENNA

Any apparatus which is designed for the purpose of receiving and transmitting television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.

SCHOOL, COMMERCIAL OR BUSINESS

A training institution operated on a profit or nonprofit basis offering instruction in stenographic, secretarial, accounting, data processing and related skills associated with the conduct of a commercial business or administrative office.

SCHOOL, TRADE OR VOCATIONAL

A training institution operated on a profit or nonprofit basis offering instruction and/or experience training to students, journeymen, apprentices or comparable categories of persons in the operation of industrial, construction or electronics machinery or equipment, construction, trades or similar skills.

SENIOR CITIZEN HOUSING

Any new rental structure developed, erected and operated by a nonprofit corporation of the State of New Jersey, under the Senior Citizen Housing Loan Program, authorized by Section 202 of the Federal Housing Act of 1959 (or any comparable federal, state or county program), for the purpose of providing nonprofit rental housing for low- and moderate-income elderly or physically handicapped persons, including equipment, facilities or other real or personal property which is a necessary, convenient or desirable appurtenant thereto.

SETBACK, FRONT

The distance in feet from the street line to the nearest portion of the principal building.

SETBACK, REAR

The distance in feet from the rear lot line to the nearest portion of the principal building.

SETBACK, SIDE

The distance in feet from the side lot line to the nearest portion of the principal building.

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, permanent or temporary in nature, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, logos, fixtures, colors, illumination or projected images.

[Amended 10-4-2011 by Ord. No. 11-17; 3-8-2016 by Ord. No. 16-06]

SIGN AREA

The entire space within a single continuous perimeter enclosing the extreme limits of a sign or where a sign consists of individual letters or logos, the space bounded by the maximum horizontal and vertical dimensions of the lettering/logo. For double-sided identical signs, only one side constitutes total sign area. See example to the right:

[Amended 10-4-2011 by Ord. No. 11-17; 3-8-2016 by Ord. No. 16-06]

SIGN, AWNING

A sign that is painted, screened or applied onto an awning.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, BANNER

A temporary sign applied to paper, flexible plastic or fabric of any kind.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, BILLBOARD

A sign which directs attention to and/or provides advertising for a business, commodity, service or entertainment which is conducted, sold or offered at a location other than the premises on which the sign is located. A billboard may also direct attention to and provide information regarding noncommercial and/or nonprofit organizations or messages where the noncommercial and/or nonprofit organization is not located on the premises on which the sign is located.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, DIRECTIONAL

On-site signage that provides direction or information to pedestrian and/or vehicular traffic that is related to the movement of pedestrian and/or vehicular traffic on the premises (e.g., "entrance", "exit", "no parking", "one-way" and the like).

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, DIRECTORY

Any sign that contains listings of two or more commercial establishments that share a common entrance.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, FEATHER FLAG

A freestanding sign that is comprised of a pole and flag that is typically taller than wider. The sign is lightweight and portable. An example of the variations of feather flags is shown below.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, FENCE

Any sign attached to a chain link, picket or board fence.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, FREESTANDING

A nonmovable sign not affixed to a building or structure. Freestanding signs can be mounted directly to the ground, where the entire bottom is in contact or close to the ground (monument sign), or can be mounted to a pole or poles.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, INCIDENTAL

A sign not exceeding one square foot attached to a building, wall or door that provides information (e.g., "Employee Entrance", "Receiving", etc.). Incidental signs may be externally illuminated with downward focused light sources.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, MENU BOX

A weather-tight box used to display menus, which is mounted to the building facade and projects no more than three inches from the building facade. See the example to the right.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, OFF-PREMISES

A sign that advertises or announces a use conducted or goods available elsewhere than the lot or building where the sign is located.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, ON-PREMISES

A sign that advertises or announces a person occupying the premises, a use conducted or goods available on the lot or in the building where the sign is located.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, OPEN

A sign not exceeding two square feet, attached to a door or window, which states "Open". Said sign may be illuminated. These signs shall be counted when calculating the maximum permitted area for window signs.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, POLITICAL

A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, PORTABLE

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, PROJECTING

A sign that is wholly or partly supported by a building wall and projects perpendicularly 12 or more inches from the building wall. Examples of projecting signs are shown below:

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, STREET ADDRESS

Any sign denoting the street address of the premises on which it is attached or located.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, TEMPORARY

A sign or advertising display that is not permanently mounted and is constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time. Temporary signs shall not be illuminated.

[Added 10-4-2011 by Ord. No. 11-17]

SIGN, VEHICLE

A sign or signs where the total sign area covers more than 10 square feet of the vehicle.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, VENDING MACHINE

Any sign displayed on all or part of a vending machine.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, WALL

All flat signs of solid-face construction and/or individual letters which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure, so that the display surface is parallel with the plane of the wall. Signs painted on an exterior wall shall be deemed to be wall signs subject to all applicable requirements.

[Added 3-8-2016 by Ord. No. 16-06]

SIGN, WINDOW

[Added 3-8-2016 by Ord. No. 16-06]

SITE PLAN

A development plan of one or more lots on which are 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, screening devices; and

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

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

STORY

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

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way:

Which is an existing state, county or municipal roadway;

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

Which is approved by official action; or

Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:

ARTERIAL STREETS Those which are used primarily for fast and heavy traffic.

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