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Borough of North Arlington, NJ
Bergen County
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Table of Contents
Table of Contents
The short form by which this chapter may be known shall be the "Land Development Ordinance of the Borough of North Arlington."[1]
[1]
Editor's Note: Original § 28-1, Title, which immediately preceded this section, was deleted 2-9-2006 by Ord. No. 1953.
A. 
This chapter is adopted pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.), and subsequent amendments and supplements thereto, in order to promote and protect the public health, safety, morals and general welfare.
B. 
The purposes of this chapter are as follows:
(1) 
To plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals and general welfare in the following manner:
(a) 
By regulating the location of buildings and establishing standards of development; establishing building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines; and to fix reasonable standards to which buildings or structures shall conform.
(b) 
By prohibiting incompatible uses; and prohibiting uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.
(c) 
By regulating alterations of existing buildings; and preventing such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
(d) 
By conserving the value of land and buildings throughout the Borough.
(2) 
To secure safety from fire, flood, panic and other natural and man-made disasters in order to:
(a) 
Reduce public expenditures for emergency operations, evacuations and restorations.
(b) 
Prevent damage to transportation and utility systems.
(c) 
Minimize losses and damages to public and private property due to inundation caused by floodwaters and storm runoff.
(d) 
Restrict structures and land uses which increase flood heights, velocities, erosion and siltation.
(e) 
Prevent to the extent possible an increase in volume and rate of surface runoff due to development.
(f) 
Prevent further unwise development in floodplains, thus reducing future expenditures for protective measures.
(g) 
Preserve, protect and enhance the natural environment of the floodplain.
(h) 
Maintain the useful life of water detention and retention areas by preventing sedimentation.
(i) 
Prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.
(j) 
Prevent pollutants from entering streams, rivers and potable water supplies.
(k) 
Reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
(3) 
To provide adequate light, air and open space
(4) 
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.
(5) 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of the neighborhoods, preservation of the environment and quality of life.
(6) 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
(7) 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
(8) 
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.
(9) 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
(10) 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper land use.
(11) 
To encourage planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
(12) 
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
(13) 
To provide, within the community's resources, the future housing needs of the citizens of the Borough of North Arlington.
(14) 
To encourage senior citizen community housing construction.
(15) 
To promote utilization of renewable energy sources.
(16) 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to compliment municipal recycling programs.
Where the provisions of this chapter impose greater restrictions than those imposed by any other provisions of law or by other ordinances, regulations or resolutions, the provisions of this chapter shall control. Where the provisions of any other law, ordinance, regulation or resolution impose a greater restriction than those imposed by this chapter, the provisions of such other law, ordinance, regulation or resolution shall control.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of a structure or structures or in the use of land and shall apply to the entire structure or structures or lot, irrespective of the proportion thereof that may be involved in the erection, enlargement, alteration, moving or change.
For the purposes of this chapter,
A. 
The present tense shall include the future.
B. 
The singular number shall include the plural and the plural the singular.
C. 
The word "shall" is always mandatory; the word "may" is discretionary.
D. 
The words "zone" and "district" are synonymous, and whenever the term "structure" is used, it shall be construed to mean and include the term "building."
[Amended 2-9-2006 by Ord. No. 1953]
Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or the latest edition). Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term shall have the same meaning as the state statute.
ACCELERATION OR DECELERATION LANE
An added roadway lane which permits integration and merging of slower-moving vehicles into the main vehicular stream or slowing down of vehicles. See Figure 1.
ACCESS
A physical entrance to property.
ACCESSORY BUILDING OR STRUCTURE
A building or structure, the use of which is customarily incidental and subordinate to that of the principal building located 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.
ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
ADDITION
A structure added to the original structure at some time after the completion of the original structure.
ADMINISTRATIVE OFFICER
For purposes of this chapter, the administrative officer shall be the Construction Code Official.
ADVERSE ENVIRONMENTAL IMPACT
Any environmental pollutant such as smoke, odors, liquid wastes, radiation, noise, vibrations, glare, trespass lighting or heat.
AGENT OF OWNER
Any person who can show written proof that he/she has authority to act for the property owner.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A service way providing vehicular service access or pedestrian access to the back or side of properties otherwise abutting on a street.
ALTERATION
Any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. "Alteration" shall also mean and include any conversion of a building or a part thereof from one use to another or the moving of a building or structure from one location to another. Alteration shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance and/or improvements of the appearance.
APARTMENT
See "dwelling, garden apartment."
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVED PLAN
A plan which has been granted final approval by the Planning Board or Board of Adjustment of the Borough of North Arlington.
APPROVING AUTHORITY
The Borough of North Arlington Planning Board or Board of Adjustment as the case may be, unless a different agency is designated by this chapter.
ATTIC
The open nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AUTOMOBILE SALES
A lot or building used for the sale or hire of automobiles and including any vehicle preparation or repair work conducted as an accessory use. This shall be interpreted to include new and used car dealerships and auto accessory, sales rooms but not the sale of junked automotive equipment, parts or inoperable motor vehicles.
AUTOMOBILE SERVICE STATION
Any building, structure, lot or land used or intended to be used for the sale of motor vehicle fuels dispensed directly into motor vehicles and included as an accessory use, repair service and the sale and installation of lubricants, tires, batteries and similar accessories.
BASEMENT
A space partially below grade level having 1/2 or more 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 6 1/2 feet. A basement shall be counted as a story if used for business, industrial, office or residential purposes.
BERM
A mound of earth or the act of pushing earth into a mound.
BILLBOARD
A sign advertising an occupant, product or service on other than the lot upon which the billboard is located.
BLOCK
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.
BOARD
The Borough of North Arlington Planning Board or the Borough of North Arlington Zoning Board of Adjustment, whichever is acting on an application for development.
BOARDER
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 such dwelling unit and may be furnished meals as part of this consideration.
BOARDINGHOUSE
Any dwelling or part thereof which is licensed by the state in which space is let for a fee by the owner or operator to more than three persons who are not members of the family and whether or not meals are provided.
BOROUGH ENGINEER
That person appointed to the position by the Borough Council.
BRIDGE
A structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.
BUFFER, TRANSITION
A landscaped area intended to act as a visual separation between two land uses of different intensity.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
The ratio of the horizontal area of all principal and accessory buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area. See Figure 2.
BUILDING ENVELOPE
The two-dimensional space within which a structure is permitted to be built on a lot and that is defined by minimum yard setbacks. See Figure 2.
BUILDING HEIGHT
See "height of building."
BUILDING LINE
A line parallel to the street line or the lot line touching that part of a building closest to the street or lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface. All yard requirements shall be measured to the building line. See Figure 2.
CALIPER
The diameter of a tree trunk measured in inches a distance of six inches off of the ground.
CANOPY
A self-supporting roof-like shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to said building, which shall be construed to be a part of the building to which it is affixed.
CAPITAL IMPROVEMENT PROGRAM
A timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.
CARPORT
A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than two sides.
CARTWAY
The hard or paved area of a street between the curbs, including travel lanes and parking areas but not including shoulders, curbs, sidewalks or swales. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CAR WASH, AUTOMATIC
A building or place of business where the washing of motor vehicles is carried on with the use of a chain or other conveyer, blower and water and/or steam cleaning device.
CELLAR
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 6 1/2 feet. No cellar or portion thereof shall be used as a dwelling unit.
CEMETERY
Any land or place dedicated for use, used or intended to be used for the internment of the human dead.
CERTIFICATE OF OCCUPANCY (CO)
A document issued by the Construction Code Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and/or renovated according to, and in compliance with all the applicable state codes and municipal ordinances and resolution.
CERTIFICATION
A signed, written statement by the Borough Engineer and/or Construction Code Official that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this chapter or regulations adopted hereunder.
CHANNEL
A watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
CIRCULATION
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.
COMMON OPEN SPACE
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.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons or entity owning such property jointly.
COMMON WATER/SEWERAGE
Water supply and sewage disposal systems, whether privately or publicly owned and operated, that serve two or more dwellings or other buildings.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 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; N.J.S.A. 26:2H-1 et seq.). In the case of such 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.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
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 (N.J.S.A. 30:40-1-14) 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 and psychological welfare.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the Borough and all accompanying documents required by this chapter for approval of the application for development.
CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in the zoning provisions of this chapter and upon the issuance of an authorization therefor by the Planning Board or Zoning Board of Adjustment.
CONDOMINIUM
The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONSTRUCTION CODE OFFICIAL
The Borough official specified in the Building Code who is charged with administering the Construction Code.[1]
CONSTRUCTION PERMIT
Legal authorization for the erection, alteration or extension of a structure.
CONTIGUOUS PARCELS
Tracts of land which share a common boundary.
COUNTY MASTER PLAN
A composite of the plan elements for the physical development of Bergen County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.
COUNTY PLANNING BOARD
The Bergen County Planning Board.
COURT
Any open space, unobstructed from the ground to the sky, that is bounded on two or more sides by the walls of a building.
CRITICAL AREA
Sensitive natural lands and waters which, when altered, could lead to the degradation of water quality and include frequently flooded soils, water retention soils and potential prime aquifer recharge soils. Sensitive natural lands and waters include streams, ponds and lakes, one-hundred-year floodplains, freshwater wetlands, wetland transition areas, and slopes over 15%.
CUL-DE-SAC
The turnaround at the end of a dead-end street.
CULVERT
A structure under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system.
CURB CUT (DROP CURB)
The opening along the curb line at which point vehicles may enter or leave the roadway.
CUT
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.
DAYS
Calendar days.
DEAD-END STREET
A street or portion of a street which is accessible by a single means of ingress or egress.
DEDICATION FOR STREET PURPOSES
A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DETENTION BASIN
See "stormwater detention."
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbances and any use, change in use or extension of use of land for which permission may be required pursuant to this chapter.
DEVELOPMENT PLAN
The application form and all accompanying documents required by this chapter for consideration by the Board for action on a development.
DEVELOPMENT REGULATION
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.
DIVERSION CHANNEL
A drainage channel constructed across or at the bottom of a slope to divert water.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means which include controls of runoff during and after construction or development to minimize erosion and sedimentation and the means necessary for water supply preservation, prevention or alleviation of flooding.
DRAINAGE EASEMENT
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.
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a building or other structure or facility.
DRY WELL (SEEPAGE PIT)
A covered pit with an open jointed lining into which water is piped or directed from roofs, basement floors, other impervious surfaces or swales or pipes to seep or percolate into the surrounding soil.
DWELLING
A structure or portion thereof that is used exclusively for human habitation. Dwellings may include but are not limited to the following types:
A. 
DETACHED SINGLE FAMILYA dwelling that is not attached to any other dwelling by any means.
B. 
GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. "Garden apartments" may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."
C. 
ATTACHED SINGLE FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
D. 
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations, including garden apartments.
E. 
SEMIDETACHED SINGLE FAMILYA single-family dwelling attached to one other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two lots.
F. 
TWO FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
G. 
THREE AND FOUR FAMILYA building on a single lot containing three or four dwelling units.
H. 
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
DWELLING UNIT
One 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.
EASEMENT
A grant of one or more property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
EMBANKMENT
A man-made or natural deposit of soil, rock or other materials.
ENCROACHMENT, FLOODPLAIN
Any obstruction within a delineated floodway.
ENVIRONMENTAL IMPACT ASSESSMENT
A study to determine the potential direct and indirect effects of a proposed development on the environment.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICES
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" shall include first aid and emergency aid squad buildings.
EXCAVATION
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.
EXISTING GRADE
The vertical location of the ground surface prior to excavating or filling.
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 under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FAMILY DAY-CARE HOME
A private residence which is registered as a family day care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.); and is further defined as a private residence in which child-care services are provided for a fee to not less than three and no more than five children at any one time for not less than 15 hours per week.
FENCE
A structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAN
The final map of all or a portion of a development which is presented to the Board for final approval in accordance with these regulations and which, if an approved subdivision, shall be filed with the proper county recording officer.
FINANCIAL INSTITUTION
Any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.
FLOOD FRINGE AREA
That portion of the flood hazard area outside the floodway, based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge. See Figure 3.
FLOOD HAZARD AREA
The floodplain consisting of the floodway and the flood fringe area. See Figure 3.
FLOOD INSURANCE RATE MAP (FIRM)
See definition of "flood insurance rate map" in Chapter 173, Flood Damage Prevention.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN
The same as the "flood hazard area" and shall include Zones A-1 through A-30 on the Flood Insurance Rate Map.
FLOODWAY
The channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river. See Figure 3.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of a wall separating two buildings, but excluding the following:
A. 
Cellars; or
B. 
Any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building; or
C. 
Decks.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FLOOR AREA, RESIDENTIAL
The square footage of all floors in a building, excluding attic and basement floors, open porches, breezeways and garages. Enclosed porches which are equipped with heating facilities for year-round living shall be included as floor area.
FLY ASH
Particles of airborne matter, not including process material, arising from the combustion of fuel, such as coal, wood or oil.
FRONTAGE
See "lot, frontage."
GARAGE, PRIVATE
A detached accessory building or a portion of the main building used primarily for the storage of a passenger vehicle or vehicles and not more than one commercial vehicle of a rated capacity not exceeding two tons, which commercial vehicle is owned or used by the occupant of the building to which the garage is accessory.
GARAGE, PARKING
A building intended for the parking of motor vehicles as a business.
GARAGE, PUBLIC
An enclosed building intended for the storage, servicing, or repair of motor vehicles as a business including outdoor repair and whether or not the facility is a part of an agency dealing in new or used motor vehicles. A public garage shall not include a car wash and auto detailing facility.
GASOLINE SERVICE STATION
See "automobile service station."
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the conceptual design and layout of a planned development for a tract of land more than 100 acres in size as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
[Added 12-8-2005 by Ord. No. 1949]
GEOTECHNICAL ENGINEER
A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.
GOVERNING BODY
The Borough Council of the Borough of North Arlington.
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and any county, city, township, village, authority, district or other governmental unit.
GRADE, FINISHED
The final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Any operation that modifies the existing topography such as cutting, stripping, filling, stockpiling or any combination thereof.
GROUND FLOOR
The first floor of a building other than a cellar or basement.
GROUP HOME
Any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies; provided, however, that no group home shall contain more than 12 children.
HAZARDOUS MATERIALS
Such elements or compounds which, when discharged in any quantity into the environs of air, water or soil, present potential danger to the public health or welfare and vegetation or any forms of wildlife.
HEIGHT OF BUILDING
The vertical distance from the average ground elevation around the foundation of a building or structure to the level of the highest point of the roof surface thereof, exclusive of cupolas, chimneys up to 10 feet above the highest point of the roof surface, penthouses, as defined herein, steeples and spires. The building height shall not exceed the maximum height permitted in the zone by more than five feet when measured from the lowest elevation around the perimeter of the foundation to the highest point of the roof or parapet.
[Amended 8-5-2003 by Ord. No. 1886]
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling or its accessory building and carried on by its inhabitants, which use is clearly incidental to the use of the dwelling as a place of residence. In particular, such uses shall meet the requirements of § 205-49 and shall include and is limited to the following: professional office of a physician, dentist, lawyer, engineer, accountant, architect, realtor or other similar professions; dressmaker, seamstress and milliner. A home occupation shall not include the following: barbershops and beauty parlors; commercial stables and kennels; animal hospitals; convalescent homes; mortuary establishments; stores and trades of business of any kind and the preparation, processing or distribution of food or food products.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
HOTEL, MOTOR HOTEL or MOTEL
A facility offering transient lodging accommodations to the general public and may provide additional services, such as restaurants, meeting rooms, entertainment and recreation facilities.
HOUSE OF WORSHIP
A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
HOUSEHOLD
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 serving of food within the dwelling unit.
IMPERVIOUS COVERAGE
That portion of a lot that is covered by any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings, parking areas, driveways, sidewalks, paving and patios, but not swimming pools. All required parking areas which are permitted to remain unimproved, all gravel areas and detention areas with clay lining shall be considered as impervious surfaces. Brick pavers in sand shall be calculated as 80% of impervious coverage.
IMPROVED LOT
A lot upon which exists a structure or building.
INSTITUTIONAL AND PUBLIC USES
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.
INTERESTED PARTY
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
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.
JUNK
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.
JUNKYARD
An open lot or part thereof, with our without ancillary structures, on which is accumulated and stored objects and equipment fit for and normally to be sold as scrap, junk or secondhand material. For the purpose of this chapter, a "junkyard" shall also mean and include any area used for the storage of wrecked and inoperable vehicles; or the wrecking, dismantling and breaking of the same into parts; or the storage of such parts, either for subsequent sale or otherwise. A junkyard shall not include a municipally operated public works yard.
LAND
Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.
LAND DISTURBANCE
Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
LONG-TERM CARE FACILITY/NURSING FACILITY/NURSING HOME
An extended-care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
LOT
A designated parcel, tract or area of land established by plat, or otherwise as permitted by law, and to be used, developed or built upon as a unit.
LOT AREA
The total area within the lot lines of a lot but not including any street rights-of-way.
LOT, CORNER
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 interior angle of the intersection does not exceed 150°.
LOT COVERAGE
That part 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 "open space."
LOT DEPTH
The average distance measured from the front lot line to the rear lot line.
LOT FLAG
A lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway. See Figure 4.
LOT FRONTAGE
The shortest distance between the intersection points of the side lines of a lot with the front street right-of-way line. In the case of corner lots, the frontage shall be measured along a straight line between the intersection point formed by the projection of two street side lines and the intersection point of a side lot line with a front street right-of-way line.
LOT, INTERIOR
A parcel of land other than a corner lot.
LOT LINE
A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way, also referred to as a "street line." In the case of corner lots or through lots, the line on which the primary entrance faces. See Figure 2.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. See Figure 2.
LOT, THROUGH
A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.
LOT WIDTH
The distance between the side lot lines measured at the building setback line.
MAINTENANCE GUARANTEE
Any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MARQUEE
Any hood, canopy, awning or permanent construction that projects from the wall of a building, usually above an entrance.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
MAUSOLEUM
A permanent structure or building for the entombment of human remains in crypts, vaults or niches.
MAYOR
The chief executive of the Borough.
MINOR SUBDIVISION
Any subdivision containing not more than three lots and which does not involve a planned development; any new street; or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 205-102 of this chapter. Any lot or remaining land approved as a minor subdivision shall not be submitted as a minor subdivision within five years from the date of approval as a minor subdivision. Such lot or tract may be submitted as a major subdivision.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment, or the Borough Council when acting pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
N.J.S.A. 40:55D-1 through 55D-92, as amended.
MUNICIPAL USE
Any use made by the Borough of North Arlington of property owned or leased by it or legally under its control by easement, license or otherwise.
NATURAL GROUND SURFACE
The ground surface in its original state before any grading, excavation or filling.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance or any amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of this chapter.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSING HOME
See "long-term care facility."
OBLIGOR
Any individual, firm, association, corporation or any other legal entity and shall include the owner or subdivider, or both, as may be required by the Borough. The obligor shall be responsible for posting and executing any required performance guaranty.
OFFICIAL COUNTY MAP
A 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.
OFFICIAL MAP
A map adapted by ordinance pursuant to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32).
OFF SITE
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 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 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.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
PARKING AREA, PRIVATE
Any open area, including parking spaces, driveways and access aisles 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.
PARKING AREA, PUBLIC
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.
PARKING FACILITY
Any public or private parking area or garage.
PARKING SPACE
A space for the off-street parking of one operable, licensed motor vehicle within a public or private parking area.
PARTY IMMEDIATELY CONCERNED
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 N.J.S.A. 40:55D-12.
PATIO
A level, surfaced area directly adjacent to a principal building at or within 1 1/2 feet of the finished grade, not covered by a permanent roof and used primarily for passive recreation.
PENTHOUSE
A roofed enclosure up to 12 feet in height on top of a building and occupying not more than 20% of the main roof area.
PERCOLATION TEST
A test designed to determine the rate the ground absorbs water.
PERFORMANCE GUARANTEE
Any security which may be accepted by the Borough, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
PERFORMANCE STANDARDS
Standards 1) adopted by ordinance pursuant to Subsection 52d (N.J.S.A. 40:55D-65d) regulating noise levels, glare, skyglow, earthborn or sonic vibrations, heat, radiation, TV or radio waves, noxious odors, toxic materials, explosive and inflammable materials, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or 2) required by applicable federal or state laws or municipal ordinances.
PERMEABILITY TEST
A test to determine the ability of soil to transmit water.
PERMIT
A certificate issued to perform work under this chapter.
PERMITTED USE
Any use which shall be allowed, subject to the provisions of this chapter.
PERMITTEE
Any person to whom a permit is issued in accordance with this chapter.
PERSON
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.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including the following: cleaning and pressing service, linen supply, diaper service, beauty shops, barbershops, shoe repair, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service and domestic services.
PERVIOUS SERVICE
Any material that permits full or partial absorption of stormwater into previously unimproved land.
[Added 7-22-2010 by Ord. No. 2054]
PLANNED DEVELOPMENT
A unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
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.
PLAT, PRELIMINARY
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.
PLAT, SKETCH
The sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
PORCH
A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
PRELIMINARY APPROVAL
The conferral of certain rights, pursuant to Sections 34, 36, and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48; and 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PRINCIPAL BUILDING
A building in which is conducted the main use of the lot.
PROFESSIONAL OFFICE
An office of a member of a recognized profession such as that of an accountant, architect, attorney, dentist, engineer, physician, chiropractor, planner or such similar use as interpreted to be appropriate by the Board.
PROHIBITED USE
A use which is not permitted in a zone.
PUBLIC AREAS
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
PUBLIC DRAINAGEWAY
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 biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC IMPROVEMENTS
Improvements which the Board may deem necessary or appropriate, including but not limited to streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public.
QUORUM
A majority of the full authorized membership of a municipal agency.
RECREATION FACILITY
A place where sports, leisure time activities and customary and usual recreational activities are carried out.
RECREATION FACILITY, COMMERCIAL
Facilities operated as a business and open to the public for a fee.
RECREATION FACILITY, PERSONAL
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.
RECREATION FACILITY, PRIVATE
Facilities operated by a private organization and open only to bona fide members and guests of such organization.
RECREATION FACILITY, PUBLIC
Facilities operated by the Borough, county or other governmental agency.
RECREATIONAL EQUIPMENT
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including:
A. 
BOATS and TRAILERSIncludes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
B. 
CAMP TRAILER or FOLDING TENT TRAILERA vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
C. 
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. 
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
E. 
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
RESEARCH LABORATORY
A facility limited to laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT
An establishment where food and drink are prepared and/or consumed at tables within the principal building without facilities for drive-through order and for drive-through pickup.
RESTAURANT, DRIVE-THROUGH
An establishment where food and drink are prepared, served, and consumed primarily within the principal building with facilities for drive-through order and/or drive-through pick up.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances made so as to combine existing lots by deed or other instrument.
RETAIL SERVICE
Establishments engaged in providing services for individuals, businesses, government and other organizations and include finance; insurance, real estate, personal services; business services, miscellaneous repair services; motion pictures, amusement and recreation services; health services, educational services; social services, museums, art galleries, botanical gardens and zoological gardens.
RETAIL TRADE
Establishments engaged in selling merchandise for individuals, businesses, government and other organizations on a retail basis.
RETAINING WALL
A wall designed to resist the lateral displacement of soil or other material.
RIGHT-OF-WAY LINES
The lines that form the boundaries of a right-of-way.
SATELLITE DISH
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals. A satellite dish is considered an accessory structure.
SCHOOL
Any building or part thereof which is designed, constructed or used for education of students up to and through the secondary level and licensed by the State of New Jersey.
SETBACK LINE
That line to which a building must be set back from the property line.
SEXUALLY ORIENTED BUSINESS 
[Added 11-16-1998 by Ord. No. 1742]
A. 
A commercial establishment which as one of its principal business purposes offers for sales, rental or display any of the following:
(1) 
Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area, or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity; or
(2) 
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SIGHT TRIANGLE
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 of motorists entering or leaving the intersection.
SIGN
Any device, fixture, placard or structure that uses color, form, picture, display, graphic, illumination, symbol or writing to advertise, attract attention to, announce the purpose of, or identify a person, entity or thing, or to communicate any information to the public.
SIGN, ADVERTISING
A sign maintained which advertises or otherwise directs attention to a use, business, products, commodity, service, activity or entertainment manufactured, conducted, sold or offered elsewhere than on the premises where such sign is located. See "billboard."
SIGN, BUILDING
Any sign attached below the roof line to any part of a building, as contrasted to a freestanding sign. Building signs include wall signs, window signs, and canopy signs.
SIGN, CANOPY
Any sign on, or attached to, an awning, marquee, or canopy, fixed or movable, projecting from a building, and generally designed and constructed to provide protection from the weather.
SIGN, FREESTANDING
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
SIGN, PERMANENT WINDOW
Any window sign that is painted directly on the window glass with permanent paint, or that is mounted by bolts or screw, or otherwise in a permanent fashion, on a permanent structure.
SIGN, TEMPORARY WINDOW
Any window sign that is not a permanent window sign.
SIGN, WALL
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
SIGN, WINDOW
Any sign that is placed within a window or upon the window panes or glass and is visible from the exterior of the window.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SLOPE
Deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
The governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL EROSION AND SEDIMENT CONTROL PLAN
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 Bergen County Soil Conservation District.
SPECIFIED ANATOMICAL AREA
A. 
Less than completely and opaquely covered human genitals, public region, buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A. 
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts; or
B. 
Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
STORAGE
The keeping or placing of goods, wares, materials, merchandise or equipment in a warehouse or other structure or in any open space.
STORAGE SHED
An accessory building used for the storage of items such as, but not limited to, tools, lawn and garden equipment and furniture, and similar items of personal property belonging to the occupant of the principal structure.
STORMWATER DETENTION
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.
STORMWATER RETENTION
Collection and storage of stormwater runoff with release being through infiltration and evaporation.
STORY
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 basement shall be considered to be a story where the finished surface of the floor above the basement is more than six feet above the finished ground level at any point.
[Amended 3-5-2002 by Ord. No. 1805; 8-5-2003 by Ord. No. 1886]
STORY, FIRST
The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average ground level at the exterior walls of the building.
STORY, HALF
A space under a sloping roof that has the line of intersection of the roof decking and 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 less occupies at least 40% of the total floor area of the story directly beneath.
STREAM
A watercourse having a source, terminus, banks and channel through which waters flow at least periodically.
STREET
A street, avenue, boulevard, road, parkway, viaduct, drive or other way which:
A. 
Is an existing state, county or municipal roadway; or
B. 
Is shown upon a plat heretofore approved pursuant to law; or
C. 
Is approved by official action as provided by this chapter; or
D. 
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, curbs, sidewalks, parking areas and other areas within the street lines.
STREET, COLLECTOR
A street that collects traffic from local streets and connects with major and minor arterials. See Figure 5.
STREET, CUL-DE-SAC
A street with a single common ingress and egress with a turnaround at the end. See Figure 5.
STREET, LOCAL
A street intended primarily for access to individual properties and designed for local traffic. See Figure 5.
STREET, MAJOR ARTERIAL
Any street or road intended to carry large traffic volumes at steady speeds through the Borough. See Figure 5.
STREET, MINOR ARTERIAL
Any street that collects and distributes traffic to and from collector streets. See Figure 5.
STREET, SERVICE
A street running parallel to a freeway or major arterial and serving abutting properties. See Figure 5.
STRUCTURAL ALTERATION
Any change to the supporting members of a building, such as walls, columns, beams and girders.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUBDIVISION
A. 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
(1) 
Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4) 
Consolidation of existing lots by deed or other recorded instrument.
(5) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Borough.
B. 
The term "subdivision" shall also include the term "resubdivision."
SURFACE WATER
Water on land surface.
SURVEY
A map showing the boundary lines of the property and location of existing improvements thereon, prepared by a licensed land surveyor or licensed professional engineer.
SURVEY CERTIFICATION
A certification in lieu of oath or affidavit confirming the accuracy of the survey.
SWALE
A depression in the ground that channels runoff.
SWIMMING POOL, PRIVATE
An artificial basin or other structure for the holding of water, constructed on residential premises for the sole use of the occupant of the premises, family and guests, for wading, swimming, diving or other aquatic sports and recreation. The term "swimming pool" shall not include any plastic, canvas, rubber or other small receptacle temporarily erected on the ground and which holds less than 500 gallons of water.
SWIMMING POOL, PUBLIC
Any basin or structure for the holding of water for wading, swimming, diving or other aquatic sports and recreation by the public and for which a fee may or may not be charged, including any swimming pool operated by a group, association or club, whether the use thereof is restricted to members of said group, association or club or otherwise.
THEATER
A building or part of a building devoted to showing motion pictures or for dramatic dance, musical or other live performances.
TOPSOIL
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.
TRACT
Property which is the subject of a development application.
TRACTOR
A. 
ROAD TRACTOREvery motor vehicle designed and used for drawing other vehicles and not so constructed as to carry either any load thereon independently or any part of the weight of a vehicle or load so drawn.
B. 
TRUCK TRACTOREvery motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
TRAILER
Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
A. 
TRAILER, HABITABLESee "dwelling, mobile."
B. 
TRAILER, IMMOBILIZEDA mobile habitable structure which has been parked or semipermanently or permanently fastened to the ground, with or without sanitary, water and other utilities directly connected to the unit, which may be used for storage as well as other purposes.
C. 
TRAILER, GENERALA mobile structure which is movable from place to place, either under its own power or by towing, for use as an office, chapel or meeting room for the display of exhibits or advertising material or for use as a mobile machine or repair shop or as a portable generating station.
D. 
SEMITRAILEREvery vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
E. 
POLE TRAILEREvery vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.
USE
The purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.
USE, PRINCIPAL
The main or primary activity of any lot or parcel.
VARIANCE
Permission to depart from the literal requirements of this chapter.
VEHICULAR SALES AREA
An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
WALL
A solid, vertical structure of wood, masonry or other material serving to enclose, divide or protect an area.
WAREHOUSE
A building or place adapted to the reception and storage of goods, wares, materials and merchandise.
WATER BODIES
Any natural or artificial collection of water, whether permanent or temporary.
WATERCOURSE
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.
WHOLESALE SALES AND SERVICES
Establishments or places of business primarily engaged in selling merchandise to retailers; industrial, commercial, institutional or professional business users; other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, but excluding lumber and building material sales.
YARD
An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this chapter shall be unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning provisions of this chapter.
YARD, FRONT
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. Said front yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. See Figure 2.
YARD, REAR
A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at its closest point to the rear lot line. Said rear yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. See Figure 2.
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line. See Figure 2.
ZONING BOARD
The Zoning Board of Adjustment as established under this chapter.
ZONING PERMIT
A document signed by the Zoning Officer:
A. 
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
B. 
Which acknowledges that such use, structure or building complies with the provision of the municipal Zoning Ordinance or variance therefrom duly authorized by the appropriate agency of the Borough pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
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Editor's Note: See Ch. 122, Construction Codes, Uniform.