The ordinance codified in this chapter shall
be known and cited as the "Land Development Ordinance of the Borough
of Essex Fells."
The purposes of the ordinance codified in this
chapter are as follows:
A.Â
To plan and guide the appropriate use of development
of all land in a manner which will promote the public health, safety,
morals and general welfare;
B.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters;
C.Â
To provide adequate light, air and open space;
D.Â
To ensure that land development does not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole;
E.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, maintenance of the character of neighborhoods, preservation
of the environment and quality of life;
F.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
G.Â
To provide sufficient space in appropriate locations
for a variety of residential, recreational, and other uses and open
space, both public and private, according to their respective environmental
requirements;
H.Â
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which will result in congestion
or blight;
I.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements;
J.Â
To promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land;
K.Â
To encourage coordination of various public and private
procedures and activities shaping land development with a view to
lessening the cost of such development and to the more efficient use
of land;
L.Â
To regulate the location of buildings and establish
standards of development; to establish building lines and the location
of buildings designed for residential and other uses within such lines
and to fix reasonable standards to which buildings or structures shall
conform;
M.Â
To prohibit incompatible uses; to prohibit uses, buildings
or structures which are incompatible with the character of development
of the permitted uses within specified zoning districts and surrounding
areas;
N.Â
To regulate alterations of existing buildings; to
prevent such additions to, and alterations or remodeling of, existing
buildings or structures as would not comply with the restrictions
and limitations imposed under this chapter;
O.Â
To conserve the value of land and buildings throughout
the Borough;
P.Â
To minimize losses and damages to public and private
property due to inundation caused by floodwaters and storm runoff;
Q.Â
To restrict structures and land uses which increase
flood heights, velocities, erosion and siltation;
R.Â
To prevent an increase in volume and rate of surface
runoff due to development;
S.Â
To prevent further unwise development in floodplains,
thus reducing future expenditures for protective measures;
T.Â
To preserve, protect and enhance the natural environment
of the floodplain;
U.Â
To maintain the useful life of water detention and
retention areas by preventing sedimentation;
V.Â
To prevent dangers to life and property from flooding
resulting from excessive water runoff and clogging of drainage structures;
W.Â
To preserve the recreational use of water bodies and
enhance water quality by preventing stagnation;
X.Â
To prevent pollutants from entering streams, rivers
and potable water supplies;
Y.Â
To reduce public expenditures for repair of public
facilities resulting from soil erosion and sedimentation;
Z.Â
To preserve, protect and enhance the potable water
supply for the Borough and surrounding municipalities by maintaining
adequate recharge areas to allow for natural percolation of water
into the aquifers.
[Amended 4-17-1990 by Ord. No. 90-565; 10-15-1991 by Ord. No.
91-589; 11-17-1992 by Ord. No. 92-604; 7-19-1994 by Ord. No.
94-630; 8-19-1997 by Ord. No. 97-677; 2-20-2001 by Ord. No.
2001-725; 6-19-2001 by Ord. No. 2001-733; 11-19-2002 by Ord. No.
2002-750; 12-21-2004 by Ord. No. 2004-782]
For the purposes of this chapter, the following
terms or phrases shall have the meanings indicated, unless the context
clearly indicates a different meaning:
Any existing or proposed county road shown on the adopted
county Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
A use or structure subordinate to and customarily incidental
to the principal use or structure on the same lot. When an accessory
building is attached in a substantial manner by a wall or roof to
a principal building or structure, it shall be considered a part thereof.
The Borough Clerk.
The absence of drainage facilities, drainage easements, or
drainage rights-of-way leading to, along or through a street, road,
drainage structure, or property either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition, which would provide adequately for storm drainage, or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure, or property, or remove the
threat of such damage.
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals. The term "antenna" does not
include the installation of any tower.
A dwelling unit in an existing carriage house.
A developer submitting an application for development.
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, conditional use, zoning
variance or direction of the issuance of a permit pursuant to this
chapter.
A plan which has been granted final approval by the Planning
Board or Board of Adjustment of the Borough.
The Planning Board or Board of Adjustment.
Includes the following streets: Roseland Avenue and Eagle
Rock Avenue.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters occurring in the regulatory base flood.
A space having 1/2 or more, but not all, of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of not less than 6Â 1/2 feet. A basement
shall be counted as a story if the floor-to-next-above-floor height
is greater than 9Â 1/2 feet or there is a cellar beneath it.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
See "roomer."
An establishment licensed by the New Jersey State Department
of Health to operate as a boarding home for sheltered care.
See "rooming house."
The Essex Fells Planning Board and the Essex Fells Zoning
Board of Adjustment.
A structure having a clear span of more than 20 feet designed
to convey vehicles and/or pedestrians over a watercourse, railroad,
street, or any depression.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A subordinate building on the same lot with the principal
or main building occupied or devoted exclusively to an accessory use.
That area of a lot or site which is occupied or proposed
to be occupied by a building. (See also "lot coverage" and "open space.")
A building in which is conducted the principal use of the
site on which it is situated.
A governmental construction project or acquisition of equipment
or real property.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
A one-family dwelling combined with a present or former garage
or stable, originally constructed as an accessory use for a house
on the same lot.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6Â 1/2 feet. A cellar shall
be counted as a story if the floor-to-next-above-floor height is greater
than 9Â 1/2 feet or there is a cellar beneath it.
A signed, written statement by the appropriate officer that
specific construction, inspections, tests, or notices, where required,
have been performed and that such comply with this chapter.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
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.
Includes the following streets: Fells Road and Runnymede
Road.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly.
Means and includes any and all antennas and towers as defined
in this section, together with other accessory structures and equipment
associated therewith. The term "communications tower" does not include
any tower that is under 35 feet in height and is owned or operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
An application form completed as specified by this chapter
and the rules and regulations of the Boards and all accompanying documents
required for approval of the application for development.
A use permitted in a particular zoning district only upon
a showing that the use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
A composite of the plan elements for the physical development
of Essex County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the county Planning Board pursuant
to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Essex County Planning Board.
A sediment-producing, highly erodible or severely eroded
area.
The turnaround at the end of a dead-end street.
A structure with a clear span of 20 feet or less under a
driveway, road, railroad or pedestrian walk, not incorporated in a
closed system.
A portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
Calendar days.
A street or portion of a street with a single common ingress
and egress.
A dedication of land for the construction, reconstruction,
widening, repairing, maintaining or improving of a street, public
or private, and for the construction, reconstruction or alteration
of facilities related to the safety, convenience or carrying capacity
of the street, including, but not limited to, curbing, pedestrian
walkways, drainage facilities, traffic control devices, and utilities
in or along road rights-of-way.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
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, landfill or land disturbance and any use or extension
of use of land, for which permission may be required pursuant to this
chapter.
Development other than planned development or cluster development.
Any development not a minor development.
A minor subdivision, or site plan of less than 10 acres.
Zoning, subdivision, site plan, Official Map or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.[1]
A channel 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 includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and the means necessary for water supply flooding.
A building containing one dwelling unit.
A building containing more than two dwelling units.
A building containing two dwelling units.
Two or more rooms, designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single-family
maintaining a household.
A man-made or natural deposit of soil, rock or other materials.
(See "fill.")
Any obstruction within a delineated floodway, right-of-way,
or adjacent land.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment, movement or wearing away of land surface,
soil or rock by water, wind, ice or gravity.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal, or other governmental
agencies. "Essential services" includes first aid and emergency aid
squad buildings.
The removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface, or beneath the land surface, whether exposed
or submerged. Normal agricultural activities shall not be considered
to be excavation.
The vertical location of the ground surface prior to excavating
or filling.
Any number of persons maintaining a nonprofit household.
A family includes foster children placed with a family by the State
Division of Youth and Family Services or a duly incorporated child-care
agency but shall not include roomers or members of a fraternity or
sorority. (See also "household.")[2]
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person or persons.
The official action of the Planning Board or Board of Adjustment
taken on a development plan which had been given preliminary approval
and after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guarantees properly posted for their completion,
or approval conditioned upon the position of such guarantees.
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 damage.
That portion of the flood hazard area outside of the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
The floodplain, consisting of the floodway and the flood-fringe
area.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters which delineates the flood-fringe area.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community, adopted May 17, 1977, as
Community Parcel No. 340575 0001 B, or as revised by the Federal Insurance
Administration.
A map entitled "Delineation of Floodway and Flood Fringe
Area," and approved by the State of New Jersey Water Policy and Supply
Council, pursuant to N.J.S.A. 58:16A-52, or as revised by the Federal
Insurance Administration.
The same as "flood hazard area" and includes Zones A-1 through
A-30 on the Flood Insurance Rate Map.
See "regulatory floodway."
The sum of the area of all floors of buildings
and/or structures compared to the total area of the lot. When calculating
the floor area ratio (FAR), the following items shall be excluded
from the computation of floor area:
Floor area shall be measured from the exterior
surface of the exterior walls of each story. The area of a lot shall
be measured to the sidelines of abutting street rights-of-way. Any
room that penetrates the floor or floor plane of the story above by
more than five feet has the square footage of such penetration included
in the original floor and in each of the floor or floor plane(s) penetrated.
The horizontal extension of any floor throughout the entire
structure.
A building or structure used for the storage of one or more
vehicles. If it is maintained for the resident occupant of the premises
and no service is rendered to the public or any business conducted
therein, it is a private garage. Any garage other than a private garage
is a public garage.
To be stored or parked entirely within the perimeter walls
of a garage, with the doors closed except for purposes of ingress
and egress.
The effect produced by brightness sufficient to cause annoyance,
discomfort or loss in visual performance and visibility.
The Borough Council.
Any department, commission, independent agency or instrumentality
of the United States and of the state, and any county city, township,
village, authority district or other governmental unit.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any stripping, culling, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
The gross vehicle weight rating established by the manufacturer.
Any room in a dwelling unit other than a kitchen or bathroom.
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metallo-organic derivatives; and coal tar acids,
such as phenols and creosol and their salts.
The average vertical distance from the finished grade, measured
10 feet horizontally from the foundation of the structure at twenty-foot
intervals around the entire structure, to the highest point of the
roof.
Any building, structure, area or property that has been designated
to be significant in the history, architecture, archaeology or culture
of this state, its communities or the nation, pursuant to the New
Jersey Municipal Land Use Law.[3]
Any activity carried out for gain by a resident conducted
as an accessory use in his dwelling unit. Newspaper delivery by minors
shall not be considered a home occupation.
A family living together in a single dwelling unit with common
access to, and common use of, all living and eating areas and all
areas and facilities for the preparation and storage of food within
the dwelling unit.
A building designed and attended as a place of assembly for
common religious services and worship and including customary accessory
facilities.
Any constructed hard surface that replaces open soil, lawns,
naturally vegetated areas or landscaped areas or prevents or retards
the flow of water into the soil, including but not limited to sidewalks,
patios, pools, decks of synthetic materials, parking areas and driveways
constructed of asphalt, concrete, pavers or gravel. This definition
shall also include areas covered by rooftops, whether or not same
has replaced open soil, lawns, naturally vegetated areas or landscaped
areas.
[Amended 11-7-2006 by Ord. No. 2006-814]
Nonprofit public or quasi-public institutions and uses such
as houses of worship, public and private schools, libraries and municipally
owned or operated buildings, structures or land used for public purposes.
In a criminal or quasi-criminal proceeding, any citizen of the
state;
In the case of a civil proceeding in any court or 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 other law of this state or of the United States,
have been denied, violated or infringed by an action or a failure
to act under this chapter.
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with the dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
Any area, lot, parcel, building or structure used for the
storage, sale, processing, abandonment or storage of junk.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
An ordinance adopted by the governing body to control and
regulate development in the Borough.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The computed area contained within the lot lines but not
including any street rights-of-way.
A parcel of land either at the junction of and abutting on
two or more intersecting streets or abutting a single street at the
point where the road tangents deflect by more than 45°.
That portion of one lot or more than one lot which is improved
or is proposed to be improved with buildings and structures, including
but not limited to driveways, parking lots, pedestrian walkways, signs
and other man-made improvements on the ground surface which are more
impervious than the natural surface. (See also "building coverage"
and "open space.")
A parcel of land other than a corner lot.
A line of record bounding a lot.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line or the point at which the side lot lines meet. On corner lots,
there shall be only one rear lot line.
Any lot line other than a front or rear lot line.
An interior lot which extends from one street to another.
The distance between the side lot lines measured at the required
minimum building setback line.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
A major site plan or major subdivision.
A development plan for one or more lots which meet one or
more of the following criteria:
A subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough prepared and adopted pursuant to the
Municipal Land Use Law.[4]
The chief executive of the Borough.
Any site plan not a major site plan.
A subdivision of land for the creation of not more than three
lots, provided that the subdivision does not involve:
The application of suitable materials on the soil surface
to conserve moisture, hold soil in place and aid in establishing plant
cover.
N.J.S.A. 40:55D-1 through N.J.S.A. 40:55D-92, as amended.
The ground surface in its original state before any grading,
excavation or filling.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the ordinance codified
in this chapter but which fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the ordinance
codified in this chapter but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption,
revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of the ordinance codified in this chapter but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any smoke, solid particles or fly ash, odors, liquid wastes,
solid wastes, radiation, noise, vibration, glare or heat.
A facility designed to provide daytime care or instruction
for five or more children from two years to five years of age, inclusive,
and operated on a regular basis.
A building providing shelter and/or supplemental health care
for the elderly or infirm and meeting the standards, and licensed
by the state, to operate as a nursing home.
Includes, but is not limited to, any structure, fill, excavation,
channel modification, rock, gravel, refuse or matter in, along, across
or projecting into any channel, watercourse or flood hazard 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 a danger to life or property.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the Municipal Land Use Law,
or any prior act authorizing the adoption, which map shall be deemed
conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
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 a development application or contiguous portion of a street or
right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
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
area 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 also "building
coverage" and "lot coverage.")
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An area not occupied by structures or impervious surfaces.
An open space area conveyed or otherwise dedicated to the
Borough or a Borough agency, board of education, state or county agency,
or other public body for recreational and conservational uses.
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals and which
is characterized by a round dish-type structure.
Any open area, including parking spaces, driveways and access
aisles or other public way, used for the temporary storage of automobiles
and other permitted vehicles for the private use of the owners or
occupants of the lot on which the area is located.
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles and other permitted vehicles and available
to the public, with or without compensation or as an accommodation
for clients, customers and employees.
Any public or private parking area or garage.
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 under this chapter.
A test designed to determine the ability of ground to absorb
water.
Any security, which may be accepted by the Borough, provided
that 10% of the total performance guarantee shall be in cash.
The maximum emission level that a nuisance element is permitted
under this chapter.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Any substance or mixture of substances labeled, designed,
intended for or capable of use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in persons or animals. The term "pesticide" also
includes any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant or plant regulator.
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board or Board of Adjustment
for final approval in accordance with this chapter.
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
or Board of Adjustment for consideration and preliminary approval.
The sketch map of a subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification.
A permanent, rooflike extension from a building supported
by columns or other uprights intended as a covering over a patio or
protection of a building entrance.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of development plan
have been agreed upon by the Planning Board or Board of Adjustment
and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
An engineer duly licensed by the state.
The office of a physician in a single-family detached dwelling as regulated in § 170-138.
A use which is not permitted in a zone district.
Existing or proposed:
A master plan, capital improvements program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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.
The majority of the full authorized membership of the Board.
The portion of rainfall which becomes direct surface runoff.
Facilities operated as a business and open to the public
for a fee.
Equipment such as, but not limited to, recreation trailers,
home or travel trailers, pickup campers, motor homes, camp trailers,
and boats.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a nonprofit organization and open
only to bona fide members and guests of the nonprofit organization.
Facilities operated by the Borough, county, or other governmental
agency.
A flood having a one-percent chance of being equalled or
exceeded in any given year.
The rate of flow produced by the regulatory base flood, measured
in cubic feet per second.
The channel and the adjacent land areas that must be reserved
in order to discharge the regulatory base flood without cumulatively
increasing the water surface elevation more than two-tenths of one
foot.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
An establishment in which food or drink is prepared, served
and consumed within the principal building.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument
A legally recordable instrument granting to the developer
the right to discharge collected waters upon lands exterior to the
development.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished sleeping
accommodations in the dwelling unit and may be furnished meals as
part of this consideration.
Any dwelling, or part thereof, in which space is let by the
owner or operator to more than three persons who are not members of
the family. (See also "boardinghouse.")
Any solid material that is in suspension and is being or
has been moved by water, ice, wind, gravity or other means.
The transport and depositing of sediment.
A barrier or dam built across a waterway or at other suitable
locations to retain sediment.
A triangular-shaped portion of land established at intersections
in accordance with the requirements of this chapter in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct sight distance.
A name, identification, description, display or illustration
which is affixed to or represented directly or indirectly upon a building
structure or piece of land, directing attention to a product business,
service or individual. However, a sign shall not include a display
of official, court or public notices, any official traffic control
device, and shall not include the flag, emblem or insignia of a nation,
state, county, municipality or religious group. A sign shall not include
a sign located completely within an enclosed building except if it
is visible and directed to be seen from outside the building. Each
display surface of the sign shall be considered to be a single sign,
except that where two such surfaces of a sign are physically attached,
parallel and separated by less than 12 inches, the two surfaces shall
be considered a single sign.
Ownership by one or more persons in any form of ownership
of a lot not adjacent to a lot or lots partially or entirely in the
same ownership.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
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 locale 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
that an informed determination may be made by the Boards pursuant
to this chapter.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
The Hudson, Essex, Passaic Soil Conservation District.
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
A plan which indicates necessary land treatment measures,
including a schedule for installation which will effectively minimize
soil erosion and sedimentation. Such measures shall be at least equivalent
to the standards and specifications as adopted by the soil conservation
district.
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A space under a sloping roof which has the line of intersection
of the roof decking and the exterior wall face not more than three
feet above the top floor level and in which space the possible floor
area with a headroom of five feet or more is not more than 60% of
the total possible floor area of such story. Furthermore, the total
width of all dormers in a half story shall not exceed more than 30%
of the horizontal width of any roof face on which they are installed.
In order to calculate the total possible floor area of the half story,
the exterior length and width of the half story shall be measured
at the elevation of the intersection of the roof decking and the wall
face that qualifies as a half story herein (i.e., not more than three
feet above the floor). No half story as a second story can have a
floor-to-roof ridge height of greater than 12 feet. No half story
can be the first floor of any structure.
A permit issued by the New Jersey Department of Environmental
Protection.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way a) which is an existing state, county or municipal roadway
or b) which is shown upon a plat heretofore approved pursuant to law
or c) which is approved by official action as provided by this act
or d) which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to the 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, curbs, sidewalks, parking
areas and other areas within the street lines.
Any activity which removes or significantly disturbs the
vegetative surface cover.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of land or water.
The division of a lot tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Conveyances so as to combine existing lots by deed or other
recorded instrument; and
The conveyances 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 development coordinator to conform to the
requirements of this chapter and are shown and designated as separate
lots, tracts or parcels on the Tax Map or atlas of the Borough.
The term "subdivision" also includes the term "resubdivision."
For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to ensure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or a state inventory of historic
places.
Water on land surface.
Stabilization of erosive or sediment-producing areas.
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil, or the original or present
A-horizon plus B-horizon (if in top six inches), as defined by the
National Cooperative Soil Survey of the United States Department of
Agriculture, before its removal or displacements for any purposes
whatsoever. Topsoil shall be capable of supporting vegetation indigenous
to the area.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers or monopole towers. The term includes radio and television
transmission towers, common carrier towers, cellular telephone towers,
alternative tower structures and the like. Specifically excluded are
guyed towers and microwave towers.
Property which is the subject of a development application.
A vehicle designed to be hauled by another vehicle and used
for carrying people, material or objects or for working, living or
sleeping purposes.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Permission to depart from the literal requirements of this
chapter.
Stabilization of erosive or sediment-producing areas by covering
the soil with permanent or short-term seeding, mulching, or sodding.
Any currently registered and operational motor vehicle containing
advertising, signs, lettering, names or addresses other than trademarks
and labels of manufacturer and dealer, but not including any omnibus,
school bus or school vehicle as defined by Title 39 of the New Jersey
Revised Statutes.
Pedal-operated vehicles, motorcycles, mopeds and other similar
vehicles; the following light motor vehicle classes as recognized
by the United States Environmental Protection Agency:
A self-propelled device which is licensed as a motor vehicle
by the state.
A vehicular-type portable structure which can be towed, hauled
or driven, primarily designed as temporary living accommodations for
recreational, camping and travel use and including travel trailers,
truck campers, camping trailers and self-powered motor homes.
Any natural or artificial collection of water, whether permanent
or temporary.
The ability of a channel or floodway to transport flow as
determined by its shape, cross-sectional area, bed slope and coefficient
of hydraulic friction.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
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 permitted in this chapter.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. The front yard shall be
unoccupied and unobstructed from the ground upward except as may be
permitted elsewhere in this chapter.
A space extending across the full width of the lot between
the principal building and the rear lot line measured perpendicular
to the building at its closest point to the rear lot line. The rear
yard shall be unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this chapter.
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
to the side lot line at its closest point to the principal building.
The side yard shall be unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
A document which is required by this chapter as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion, or installation of a structure
or building and which acknowledges that such use, structure or building
complies with the provisions of this chapter or variance therefrom.
If a building permit is issued, it is assumed to include a zoning
permit.
