Borough of River Edge, NJ Terminology

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Article II Terminology

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§ 416-4 Definitions and word usage.

For purposes of this chapter, unless the context clearly indicates a different meaning:

(1)

The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.

(2)

The word "lot" includes the words "plot" or "parcel," and the word "structure" includes the word "building."

(3)

The words "use" and "used" refer to any purpose for which buildings or land may be arranged, designed, intended, maintained or occupied; any occupation, business, activity or operation carried on, or intended to be carried on, in a building on land; and a name of a building or tract of land which indicates the purpose for which it is arranged, designed, intended, maintained or occupied.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE or ACCESSORY

A use which is incidental or subordinate to, customarily found in connection with and, except in the case of parking spaces or loading berths, located on the same lot as, the principal use to which it is related.

ADMINISTRATIVE OFFICER

The Zoning Officer for any application before the Planning Board or Board of Adjustment.

[Amended 5-18-1998 by Ord. No. 1220]

ANTENNA

The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves.

ANTENNA HEIGHT

The overall vertical length of the antenna, including all antenna support structure and materials above grade, or, if such system is located on a building, then the overall vertical shall be subject to § 416-12B.

[Added 4-6-1987 by Ord. No. 925]

ANTENNA SUPPORT STRUCTURE

Any structure, mast, pole, tripod or tower, including all bracing and other support structures or materials utilized for the purpose of supporting an antenna for the purpose of transmission or reception of electromagnetic waves by federally licensed amateur radio or citizen band radio operators.

APPLICANT

The developer, or his agent or representative, submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.

APPROVING AUTHORITY

The Planning Board and/or the Zoning Board of Adjustment of the Borough of River Edge, unless a different agency is designated by ordinance.

[Amended 5-18-1998 by Ord. No. 1220]

AREA

The surface of a lot, building or structure measured on a horizontal plane.

BASEMENT

That portion of a building or structure which is partly below and partly above grade and having at least 1/2 its height above grade.

BILLBOARD

A sign which directs attention to a business, commodity, service, entertainment or attraction conducted, sold or offered elsewhere than upon the lot on which such sign is located.

BOARD

The Planning Board of the Borough of River Edge or the Zoning Board of Adjustment of the Borough of River Edge.

[Amended 5-18-1998 by Ord. No. 1220]

BUILDABLE AREA

The portion of a lot remaining after the required yard and setbacks and required planted areas and buffer zones have been provided.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING AREA

For purposes of determining building coverage, the area of the building shall be the projected area on a horizontal plane of the outer extremities of the structure, including by way of example as part of the structure in determining said outer extremities, the foundation, roofs, protruding floors, patios and any overhangs and the floors of any structures not having a roof.[1]

BUILDING PERMIT

A document signed by the administrative officer 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 and which acknowledges that such use, structure or building complies with the provisions of the Borough of River Edge Zoning Ordinance or variance therefrom duly authorized by the Board of Adjustment or governing body.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CELLAR

That portion of a building which is partly or completely below grade and having at least one-half (1/2) its height below grade.

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.

COMPLETE APPLICATION

An application form and accompanying maps and documents as required by ordinance. Additional information or revisions may be required by the reviewing agency.

[Amended 5-18-1998 by Ord. No. 1220]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon issuance of an authorization therefor by the approving authority.

[Amended 5-18-1998 by Ord. No. 1220]

CONSTRUCTION OFFICIAL

The Construction Official shall serve as the chief administrator of the enforcing agency. He shall establish the day-to-day operating routines of the agency and shall coordinate the activities of the subcode officials.

[Added 5-18-1998 by Ord. No. 1220]

COURT

Any area which is bounded by three or more attached building walls.

DAYS

Calendar days.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land in two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law.[2]

DISH

The parabolic reflector part of a satellite antenna, the function of which is to focus and compress a satellite signal into a focal point.

[Added 12-5-1988 by Ord. No. 971]

DISTRICT, ZONING

Any portion of land within the Borough of River Edge within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the Zoning Ordinance of the Borough of River Edge.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground, where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The land required for the installation of stormwater sewers or drainage ditches, or required for drainage purposes along a natural stream or watercourse or other body of water.

DWELLING

Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more families.

DWELLING, MULTIFAMILY

A residence containing three or more dwelling

DWELLING, SINGLE-FAMILY

A dwelling house designed to be used as a residence, and used for a one-family residence. There shall be only one distinct set of kitchen, dining room and living facilities.

DWELLING, TWO-FAMILY

A dwelling having two distinct sets of kitchen, dining room and living facilities, and designed, planned and used by two families. A two-family dwelling shall have separate entrance/exit doors to each dwelling unit on the front or street side of the structure as well as separate sanitary facilities for each dwelling unit.

DWELLING UNIT

One room or connecting rooms containing eating and/or cooking, bathroom and sleeping facilities, constituting a separate and independent unit of habitation for owner occupancy, rental or lease, on a weekly, monthly or longer basis.

[Amended 10-5-1987 by Ord. No. 940]

ENLARGEMENT

An addition to the aggregate floor area or an increase in the height of any existing building, or area of the lot covered by any building or structure.

ERECT

To construct, make, build, alter, remodel, create, including the moving, removing and assembling of any building or structure or part thereof.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICE

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or aerial gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cable, fire alarm boxes and devices, police call and information boxes and devices, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal, state, county, regional or federal agencies or for the public health, safety or general welfare.

EXISTING

Any building or structure or use that was in existence on the effective date of this chapter.

EXPANSION

An increase in the amount of existing floor area used for an existing use within an existing building or structure.

FAMILY

A group of persons living together as a single, nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, commune organization or similar group. A single bona fide housekeeping unit is constituted by a group of persons having a relationship for the purpose of maintaining a common household family relationship on a permanent basis, or for an indefinite period of time. There shall be a presumption that a collective group of persons related by kinship, adoption, blood or marriage, living together in a dwelling unit, on a permanent basis or for an indefinite period of time, including domestic servants, does constitute a "family."

[Amended 10-5-1987 by Ord. No. 940]

FENCE

Any artificially constructed barrier of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials, erected for the enclosure of land, dividing one piece from another.

FINAL APPROVAL

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

FLOOR AREA

The sum of the horizontal areas devoted to a use, including all sales, office, service and storage space, measured from the exterior faces of exterior walls, the center line of party walls separating two buildings or the center line of walls separating the uses. The floor area devoted to a use shall normally include the entire floor of each floor devoted to such use. In computing floor area per establishment, when several uses share one floor, the publicly used spaces such as halls, elevator shafts, stairwells and bathroom facilities shall be considered as divided among several uses proportionate to the private and separate spaces devoted to each use.

FLOOR AREA, BUILDING

The sum of the gross horizontal areas of all floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding: roof areas, cellar and basement areas used only for storage or the operation land maintenance of the building and any and all parking structures or areas attached to, under or within the building.

FLOOR AREA RATIO

The ratio computed by adding the floor area of each building floor on or above grade and dividing the total by the total lot area. The "floor area ratio" is not a substitute for yard coverage or height regulations because it would allow low buildings with high coverage or high buildings with low coverage in the absence of any other regulations.

GARAGE

A building designed and constructed to be a place for the care and storage of motor vehicles.

GARDEN APARTMENT

One or more multiple-family buildings not exceeding 2 1/2 stories or 35 feet in height, containing off-street parking, outdoor recreational facilities and as more fully required herein. Each dwelling unit therein shall contain two separate direct means of access to the outside.

GOVERNING BODY

The chief legislative body of the Borough of River Edge.[3]

HEIGHT

The vertical distance from the average finished grades at a point six feet perpendicular to each foundation corner and each break in the foundation of the building and/or structure to the highest point of the building, excluding chimneys, antennae and accessory fixtures for convenience. All measurements for the purpose of height shall be to the peak of the proposed roof. For any structure without a roof, including radio and cellular towers, the height shall be measured from the average grade plan along all sides of the structure which grade shall be unchanged from the natural grade to the highest point of the structure.

[Amended 8-6-2007 by Ord. No. 1573]

HISTORIC SITE

Any building, structure, area of property that is significant in the history, architecture, archaeology or culture of the State of New Jersey, its communities or the nation and has been so designated.

HOME OCCUPATION

An accessory use which is customarily carried on in a dwelling unit; is carried on by an occupant of the dwelling unit; and is clearly incidental or secondary to the residential use of the dwelling unit.

HOME PROFESSIONAL OFFICE

A use which is carried on in a dwelling unit by a resident thereof. A "home professional office" shall include the office of an architect, dentist, engineer, lawyer, minister, physician, surgeon or similar learned profession. A home professional office shall not include a real estate or insurance office or a studio where individual dancing or music instruction is offered.

IMPROVED LOT COVERAGE

The percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking areas, garages and other man-made improvements.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and 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 Borough, 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 other law of the state or the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

LAND

Includes improvements and fixtures on, above or below the surface.

LOT

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

LOT AREA

The computed area contained within the lot lines.

LOT, CORNER

A parcel of land at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135º. Any lot abutting a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135º.

LOT COVERAGE

That portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking areas.

LOT COVERAGE BY IMPERVIOUS SURFACES

Impervious surfaces include paving, structures, roofs, macadam or other impervious materials.

LOT DEPTH

The minimum distance from the street line of a lot to the rear lot line of such lot.

LOT FRONTAGE

The length of the front lot line.

LOT, INTERIOR

Any lot which is not a corner lot or a through lot.

LOT LINE

Any boundary of a lot other than a street line.

LOT, REAR LINE

The lot line generally opposite to the street line. If the "rear lot line" is less than 10 feet in length, or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line parallel to the street line not less than 10 feet long lying farthest from the street line.

LOT, SIDE LINE

Any lot line other than a front or rear lot line.

LOT, THROUGH

Any lot which extends from one street to another and is not a corner lot.

LOT WIDTH

The distance between the side lines, measured parallel to the front lot line at the required front yard setback line.

MAINTENANCE GUARANTY

Any security which may be accepted by the Borough of River Edge for the maintenance of any improvements required by the Municipal Land Use Law,[4] including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.3 and cash.[5]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Borough of River Edge as set forth in the Municipal Land Use Law, as amended,[6] and adopted by the Planning Board of the Borough of River Edge.

NONCONFORMING LOT

A lot the area, dimension or location which was lawful prior to the adoption, revision or amendment of 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.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of 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.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of 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.

OFFICE BUILDING

A building used primarily for business offices or where the major use is business offices, as opposed to retail, industrial, residential or storage.

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted in accordance with N.J.S.A. 40:55D-32 et seq., or any prior act authorizing such adoption. Such map shall be deemed conclusive with respect to the location, width and extent of streets and other areas shown thereon, as provided in 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 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, street and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OWNER

Any individual, firm, company, organization, association, syndicate, partnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.

PARKING AREA

Land or any part of a building used for the parking of motor vehicles.

PARKING SPACE

An off-street space, open or enclosed, and paved, which is accessible and available at all hours when the building to which it is serves is in use, for the parking of one-passenger vehicles.

PARTY IMMEDIATELY CONCERNED

For purposes of notice any applicant for development, the owners of the subject property and all owners of property and governmental agencies entitled to notice.

PERFORMANCE GUARANTY

Any security which may be accepted by the municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.3 and cash.[7]

PERSON

Any individual, firm, association, partnership or corporation or other legal entity and their agents, servants and employees.

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous acreage as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial uses and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT

Includes planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT

An area of a minimum contiguous acreage as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT

An area of a minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential use to residential uses as shall be specified in this chapter.[8]

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.[9]

PLANNING BOARD

The Planning Board of the Borough of River Edge.

PLAT

A map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the approving agency 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.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreation areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC BUILDING

Any building owned or operated by the Borough of River Edge, Bergen County, State of New Jersey or the United States, or any of their duly authorized agencies or administrative units.

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 NOTICE

Notice of the time and place of a hearing or proceeding printed in the official newspaper of the Borough of River Edge, at least 10 days prior to the time of such hearing or proceeding, unless otherwise provided by law.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the Borough of River Edge, Borough agencies, Board of Education, state or county agency or other public body for recreational or conservation uses.

QUORUM

The majority of the full authorized membership of a municipal agency.

RESIDENTIAL CLUSTER

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.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development as may be specified by this chapter.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed, or other instruments.

SATELLITE ANTENNA

Any apparatus, building or structure (with the exception of conventional television antennas) which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals. The terms "satellite antenna," "dish-type antenna," "satellite earth station" and any other term used to refer to the type of antenna defined herein shall be interpreted as being synonymous.

[Added 12-5-1988 by Ord. No. 971]

SCREENING

[Added 12-5-1988 by Ord. No. 971]:

(1)

Plantings/landscaping and/or fencing placed around the satellite antenna either in proximity to the satellite antenna or the lot boundary lines, for the purpose of concealing the satellite antenna from view of people on contiguous:

(a)

Residential properties, whether at ground or at first floor elevation.

(b)

Public streets.

(c)

Public property.

(2)

The screening shall be of sufficient height and depth to conceal the satellite antenna from such view.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SIGN

Any building, structure or part thereof, or device attached thereto or painted or represented thereon, which displays or includes any letter, word, banner, model, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. For the purpose of this chapter, the word "sign" does not include the flag, pennant or insignia of any nation, group of nations, state, city or other political unit.

SIGN, AREA OF

The maximum projected area of the oblong parallelogram, or other shape, which encloses the sign structure, device or representation. For a freestanding or projected sign, all sides which are used as a sign shall be included in the computation of the area of the sign.

SIGN, FREESTANDING

Any sign which is separate and apart from the building exceeding two and one-half (2 1/2) feet in height from the ground to the top of the sign.

SIGN, GROUND

Any sign which is separate and apart from the building and not exceeding two and one-half (2 1/2) feet in height from the ground to the top of the sign. Maximum faces permitted: two.

SIGN, PROFESSIONAL

Shall be limited to those professions as stated in this chapter under "Home Professional Occupations" and may only be used to identify actual office premises.

SIGN, TEMPORARY

All signs not of a permanent nature, either ground or freestanding, and with a six-month expiration date or less, such as for sale, for lease, for rent, construction signs, architect-engineer job signs, real estate signs, advertising, promotional or premium signs.

SITE PLAN

A developed pan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to the Borough of River Edge Site Plan Review Ordinance.[10]

STANDARDS OF PERFORMANCE

Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or nuclear radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough of River Edge or required by applicable federal or state laws or other laws.

STORY

That part of a building, exclusive of cellars but inclusive of basements, contained between the level of one finished floor and the level of the next higher finished floor; or, if there is no higher finished floor, then that part of the building contained between the level of the highest finished floor and the top of the roof beams.

STORY, HALF

Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided pursuant to N.J.S.A. 40:55D-1, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET LINE

The dividing line between a lot and a street. Where a proposed street widening is shown on the Official Map, the "street line" shall be the line of the proposed widening.

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

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 if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman 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 or property upon court order, including but not limited to judgments of foreclosure, consolidation of existing lots by deed or other recorded instrument and 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 Borough of River Edge development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Borough. The term "subdivision" shall also include the term "resubdivision."[11]

TENANT

The person or persons to whom a dwelling unit is leased or rented. This term shall also include any person who pays the owner of the dwelling unit, so as to be able to occupy the dwelling unit.

[Amended 10-5-1987 by Ord. No. 940]

TOWNHOUSE

A building or structure designed for or occupied by no more than one family and attached to other similar buildings or structures by not more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family of the townhouse. For purposes of this chapter, a "townhouse" may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.

TRAILER

Any vehicle mounted on wheels or on a truck body or chassis, movable either by its own power or by being drawn by another vehicle, which is initially designed or converted to be used for living or sleeping quarters, including mobile homes. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed.

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

VARIANCE

Permission to depart from the literal requirements of the Borough of River Edge Zoning Ordinance, as amended, according to the procedures of the Zoning Ordinance, or applicable laws of the State of New Jersey.

YARD

An open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

YARD, FRONT

An open unoccupied space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line.

YARD, REAR

An open unoccupied space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured parallel to the rear property line.

YARD, SIDE

An open unoccupied space between the side line of the lot and the nearest line of the principal building and extending from the front to the rear yard. The width of the side yard shall be measured parallel to the side line of the lot.

ZONING BOARD

The Board of Adjustment as continued under the Zoning Ordinance of the Borough of River Edge.

ZONING MAP

The Zoning Map of the Borough of River Edge, New Jersey, dated December 22, 1986, together with all amendments subsequently adopted.[12]

ZONING OFFICER

Examines the plans and application for proposed developments for compliance with federal, state, county and local zoning laws, ordinances, rules and regulations. Conducts field inspections in order to ensure compliance with zoning regulations, applicable rules and initiates appropriate enforcement actions against violators and does related work as required.

[Added 5-18-1998 by Ord. No. 1220]

[1]

Editor's Note: The former definition of "building height," which definition immediately followed this definition, was repealed 8-6-2007 by Ord. No. 1573.

[2]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[3]

Editor's Note: The former definition of "height, greatest," which definition immediately followed this definition, was repealed 8-6-2007 by Ord. No. 1573.

[4]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[5]