Township of River Vale, NJ Article I General Provisions

§ 142-1 Short title.

This Part 1 shall be known and cited and referred to as the "River Vale Land Use Ordinance."

§ 142-2 Purpose.

It is the intent and purpose of this Part 1 to implement the intent and purpose of the Municipal Land Use Law (P.L. 1975, c. 291, also known as N.J.S.A. 40:55D-1 et seq.), as set forth in Article I thereof.

§ 142-3 Definitions.

A. General terms. For the purposes of this Part 1, unless the context clearly requires a different meaning, the following general terms shall be construed as follows:

(1) The term "shall" has a mandatory connotation and the term "may" has a discretionary and permissive connotation.

(2) A term in the singular number includes the plural, and vice versa.

(3) A term in the present, past or future tense includes either of the other two tenses.

(4) The verb "use" includes the phrase "or designed, intended or arranged to be used."

(5) The noun "use" shall include the actual or intended occupancy or other employment of land or of a structure.

(6) The term "person" shall include an individual, firm, joint venture, association, partnership, syndicate, limited partnership, corporation, trust and any other form of business organization.

B. Specific terms. The specific terms hereinafter set forth shall have the following meanings:

ACCESSORY USE OR STRUCTURE

A use or building customarily subordinate and incidental to the primary use or building on the same lot.

ADMINISTRATIVE OFFICER

The person with whom applications for development are filed pursuant to this Part 1. The administrative officer for the Joint Planning Board shall be the Clerk to the Joint Planning Board.

ADULT DAY CARE

A program offering health and/or social services designed to enhance the daily lives of the program's participants. The facilities provide organized group activities designed to strengthen the participant's involvement in the community.

[Added 2-28-2002 by Ord. No. 0-1-02]

ADULT RETIREMENT COMMUNITY

A planned development for individuals over the age of 55 that does not provide health care to the residents.

[Added 2-28-2002 by Ord. No. 0-1-02]

AGE-RESTRICTED MULTIFAMILY DEVELOPMENT

A multifamily residential development intended and specifically designed to provide well-constructed and adequate housing for persons 62 years of age or older. Each dwelling unit shall consist of complete living accommodations, including cooking facilities, sleeping accommodations and individual bathroom facilities. The age-restricted multifamily development contains dwelling units that are designated for permanent occupancy by households composed of at least one permanent resident, who is a head of the household and has attained an age of 62 years. Occupancy and use are confined accordingly and consistent with all federal and state standards, laws, rules and regulations.

[Added 5-23-2011 by Ord. No. 249-2011]

ALTERATION

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

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 plat, site plan, conditional use, zoning variance or direction for the issuance of a permit for construction within the bed of a mapped street or for construction of a structure not having access or not related to a street.

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining to four or more individuals unrelated to the proprietor. Each unit shall, at a minimum, provide one furnished room, a private bathroom, a kitchenette and a lockable door on the entrance to each unit.

[Added 2-28-2002 by Ord. No. 0-1-02]

BASEMENT

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

BUILDING

Any structure having a roof supported by arches, columns, piers or walls, including air-supported structures. This term shall not include recreation vehicles.

[Amended 12-22-1997 by Ord. No. 0-23-97]

BUILDING AREA

The maximum horizontal projected area of the building and its accessories. Roofed-over porches or similar extensions of a building shall be considered parts of the building. Any eave or similar projection in excess of four inches shall be considered as part of the building for the computation of side yards and land coverage.

BUILDING COVERAGE

That percentage of the lot area covered by buildings.

BUILDING HEIGHT

The total vertical dimension from the corner point of the curbline to the highest point of the building, excluding chimneys, antennas, mechanical equipment and parapet walls not exceeding four feet in height. For corner properties, the lower elevation curb center point shall govern. For sites whose existing (preconstruction) grade at the building footprint is lower than the governing curbline elevation, the former shall replace the latter in the calculation. Building height shall be measured from the average elevation of the existing grade measured at ten-foot intervals around the outer perimeter of the proposed building footprint, beginning at the low point.

[Amended 8-24-2009 by Ord. No. 217-2009]

BUILDING INSPECTOR

The person or persons duly appointed to discharge the duties and functions of the office of the Building Inspector for the Township of River Vale.

BUILDING LINE

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

CATERING ESTABLISHMENT

An establishment that provides food prepared and served in a formal setting for special occasions, such as weddings, family reunions, corporate award ceremonies, charitable benefits and other special events and celebrations.

[Added 11-27-2017 by Ord. No. 328-2017]

CELLAR

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

CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND

A certificate issued by the proper of the Township certifying:

(1) That there is in the Township a duly established Joint Planning Board.

(2) That there is in the Township an ordinance controlling the subdivision of land.

(3) Whether a subdivision has been approved by the Joint Planning Board for the land designated in the application for such certificate and, if so, the date of such approval and any extensions and terms thereof.

COAH

The New Jersey Council on Affordable Housing.

[Added 10-28-1993 by Ord. No. 0-18-93]

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES

A community residential facility licensed pursuant to 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 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of N.J.S.A. 26:2H-1 et seq. "Person with head injury" means a person who has sustained an injury, illness or traumatic change to the skull, the brain contents or its coverings which results in a temporary or permanent physiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

A community residential facility licensed pursuant to 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 N.J.S.A. 26:2H-1 et seq. In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the department of Human Services. "Developmentally disabled person" means a person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with a mental disease as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

[Added 11-25-1997 by Ord. No. 0-22-97]

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

A 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 N.J.S.A. 30:14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance and other services, to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

[Added 11-25-1997 by Ord. No. 0-22-97]

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 or operation of such use as contained in Part 9, Zoning, and upon the issuance of an authorization therefor by the Joint Planning Board.

CONGREGATE CARE APARTMENT HOUSING

Multiunit housing developments for semi-independent individuals that contains community social and dining facilities. Each unit shall, at a minimum, provide a living room/bedroom, private bathroom and kitchenette. The residents shall be provided at least one hot meal per day, limited housekeeping services and transportation.

[Added 2-28-2002 by Ord. No. 0-1-02]

CONTINUING CARE

The provision of lodging, nursing, medical or health-related services at the same or another location to an individual pursuant to an agreement for the life of the individual or for a period greater that one year, including mutually terminable contracts, and in consideration of an entrance fee with or without periodic charges.

[Added 2-28-2002 by Ord. No. 0-1-02]

CONTINUING CARE RETIREMENT COMMUNITY

A facility providing lodging, nursing, medical and/or other health-related services to people of retirement age. The facility shall be required to maintain a certificate of authority pursuant to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27-330 et seq.

[Added 2-28-2002 by Ord. No. 0-1-02]

CORNER LOT

A lot that borders two streets or a lot located on a curved street if the curve constituting the front lot line shall be convex having a change of direction of more than 45°. A corner lot bordering two streets shall have two front yards for measurement purposes.

[Added 7-24-2003 by Ord. No. 0-7-03R]

CURB LEVEL

The existing grade of the street in front of the midpoint of the lot. Where a lot level is higher than the curb level, the average elevation of the former along the building line may be taken as a base for measuring the height of a building. Where a lot fronts on two or more streets of different levels, the curb level of the higher street may be taken as the base for measuring the height of a building, to a distance of 100 feet back from the street with the higher curb level.

DAYS

Calendar days.

DECK

An exterior system supported on a least two opposing sides by an adjoining structure and/or posts, piers or other independent supports.

[Added 7-24-2003 by Ord. No. 0-7-03R]

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 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 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 this Part 1.

DEVELOPMENT FEES

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted by COAH regulations.

[Added 10-28-1993 by Ord. No. 0-18-93]

DRAINAGE

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

DRAINAGEWAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1A-1 et seq.

DWELLING, MULTIFAMILY

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

DWELLING, ONE-FAMILY

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

DWELLING, TWO-FAMILY

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

DWELLING UNIT

One or more rooms constituting the common cooking, eating, sleeping, sanitary and living facilities for one family.

EQUALIZED ASSESSED VALUE

The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

[Added 10-28-1993 by Ord. No. 0-18-93]

ESSENTIAL SERVICES

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

FAMILY

Any number of individuals living privately together as a single housekeeping unit and using certain rooms and cooking facilities in common. However, in the event of guests, it shall not include more than two paying guests.

FINAL APPROVAL

The official action of the Joint Planning Board taken on a preliminarily 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.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Joint Planning Board for final approval in accordance with these regulations and meeting the requirements of this Part 1 and which, if approved, shall be filed with the proper county recording officer.

GARAGE, PRIVATE

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

GARAGE, PUBLIC

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

GRADE, FINISHED

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

GROSS FLOOR AREA TOTAL

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

(1) Basement space.

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

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

(4) Elevator shafts and stairwells at each floor.

(5) Roofed porches, breezeways, interior balconies and mezzanines and penthouses.

HOME PROFESSIONAL OFFICE

The office, studio or occupational room of a physician, surgeon, dentist, lawyer, artist, architect, engineer, musician, accountant or real estate and/or insurance broker or agent residing on the premises when:

(1) Such use is conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.

(2) Not more than three employees or assistants are engaged on the premises by the principal practitioner.

(3) Such use does not occupy more than 35% of the gross floor area of the dwelling.

(4) There is no sale or display of goods or advertising other than an identification sign not to exceed 10 inches in height or 18 inches in length.

IMPERVIOUS COVERAGE

Any area of the lot improved with principal and accessory buildings, structures and uses, cement, concrete, asphalt, macadam or other artificial structure or substance, and includes rock, wood and other natural substances and any material which reduces or prevents absorption of stormwater into land and which reduces percolation to a rate slower than 120 minutes per inch. This phrase also includes any overhanging portion of the roof or similar building component; however, does not include swimming pools, lights or trees.

[Added 7-24-2003 by Ord. No. 0-7-03R]

INDEPENDENT LIVING

A living unit chosen by the resident for his/her exclusive use in which the resident can function independently.

[Added 2-28-2002 by Ord. No. 0-1-02]

INTERESTED PARTY

(1) In a criminal or quasi-criminal proceeding: any citizen of the State of New Jersey.

(2) 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 Part 1 or whose right to use, acquire or enjoy property under this Part 1 or under any law of this state or of the United States has been denied, violated or infringed upon by an action or a failure to act hereunder.

JOINT PLANNING BOARD

The Joint Planning Board of the Township of River Vale.

JUDGMENT OF REPOSE

A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

[Added 10-28-1993 by Ord. No. 0-18-93]

LOADING SPACE

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

LONG-TERM CARE/NURSING HOME

A facility providing for a resident who can no longer function independently and requires constant supervision and/or medical assistance for compensation.

[Added 2-28-2002 by Ord. No. 0-1-02]

LOT

A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map or by metes and bounds, for purpose of sale, lease or separate use.

LOT AREA

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

LOT DEPTH

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

LOT FRONTAGE

The portion nearest the street for the purpose of determining yard requirement. On corner lots, all sides of a lot adjacent to the street shall be considered frontage.

[Amended 7-24-2003 by Ord. No. 0-7-03R]

LOT LINE, FRONT

The line of a street on which a lot fronts or abuts the street line. In the case of a through lot, the longest lot line abutting a street will be considered the front lot line.

[Amended 8-24-2009 by Ord. No. 217-2009]

LOT LINE, REAR

Any lot line that is not considered a front lot line or a side lot line.

[Amended 8-24-2009 by Ord. No. 217-2009]

LOT LINE, SIDE

The lot boundary line that connects a front lot line with a rear lot line. A lot may only have two side lot lines.

[Amended 8-24-2009 by Ord. No. 217-2009]

LOT TYPES

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

(2) INTERIOR LOT A lot other than a corner lot, with only one front lot line.

(3) THROUGH LOT A lot other than a corner lot with more than one front lot line.

LOT WIDTH

The distance between the side lot lines, measured at right angles to the axis of the lot across the rear of the required front yard.

[Amended 12-28-1989 by Ord. No. 0-16-89]

MAINTENANCE GUARANTY

Any security which may be accepted by the Township for the maintenance of improvements required by this Part 1, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16, P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5) and cash.

[Amended 4-22-1993 by Ord. No. 0-1-93]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

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

MINOR SUBDIVISION

Any subdivision containing not more than three lots having a depth of not more than 200 feet, fronting on an existing improved street, not involving any new street or road or the extension of public facilities and not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan; Official Map, Part 9, Zoning, or this Part 8. Conflicts with the provisions or portions of the Master Plan, Official Map, or Zoning Ordinance may be determined through submission of a sketch plat of the proposed development or lot layout to the reviewing land use board for review.

[Amended 8-24-2009 by Ord. No. 217-2009]

MOTOR VEHICLE SERVICE STATION

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

(a) The sale and servicing of spark plugs, batteries and distributors and distributor parts.

(b) Tire servicing and repair, but not recapping or regrooving.

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

(d) Radiator cleaning and flushing.

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

(f) Greasing and lubrication.

(g) Providing and repairing fuel pumps, oil pumps and lines.

(h) Minor servicing and repair of carburetors.

(i) Emergency wiring repairs.

(j) Adjusting and repairing brakes.

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

(l) The sale of cold drinks, packaged foods, tobacco and similar convenience goods for service filling station customers, as accessory and incidental to principal operation.

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

(2) Uses permissible at a service filling station do not include major mechanical and body work; straightening of body parts; painting; welding; storage of automobiles not in operating condition; renting of automobiles, trucks or trailers; or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service filling stations. A service filling station is not a repair garage nor a body shop.

NONCONFORMING STRUCTURE OR USE

Any structure, activity or use that does not conform to regulations of this Part 1 for the district in which it is located but that was lawfully in existence before the effective date of this Part 1 or that exists by virtue of a duly granted variance.

NURSING, REST OR CONVALESCENT HOME

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

OFFICIAL MAP

A map adopted in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Such a 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-STREET LOADING SPACE

An area provided for the loading or unloading of trucks, being not less than 12 feet wide and 25 feet long, exclusive of maneuvering space or access drives thereto.

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 approved by the Township to be 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. It may include common recreation areas, fields, woodland areas, parks, playgrounds, golf courses, tennis, squash and similar courts, skiing and skating facilities, nature trails, lakes and swimming pools, and other similar open space, including walkways and sidewalks.

[Added 5-23-2011 by Ord. No. 249-2011]

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this Part 1.

PARKING SPACE

An off-street space available for the parking of a motor vehicle, provided that such space shall have a minimum width of nine feet and a minimum depth of 19 feet, exclusive of maneuvering areas, passageways, driveways and loading spaces appurtenant thereto.

PARTY IMMEDIATELY CONCERNED

Any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this Part 1.

PERFORMANCE GUARANTY

Any security which may be accepted by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16, P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5) and cash.

[Amended 4-22-1993 by Ord. No. 0-1-93]

PERMIT, BUILDING

A certificate issued by the Building Inspector for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted application and plans.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued by the Building Inspector upon completion of the construction of a new building or addition or upon a change in the occupancy of a building, other than a dwelling unit as defined in this Part 1, which certifies that all requirements of this Part 1, or such adjustments therefrom which have been granted by the Joint Planning Board, have been met and that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this Part 1 for the zone in which it is located or is to be located.

PERMIT, SPECIAL EXCEPTION

A certificate issued by the Building Inspector for the conduct of a special use which states that the requirement governing special uses in this Part 1 and all other applicable requirements have been complied with as certified by the Joint Planning Board.

PLAN

The written and graphic provisions for development of a development, including a plat of a subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; public and private streets, ways and parking facilities; common open space; and public facilities. The phrase "provisions of the plan," when used in this section, shall mean the written and graphic materials referred to in this definition, the developer’s agreement, the minutes and resolutions of the Joint Planning Board, the application and the plan itself.

[Added 5-23-2011 by Ord. No. 249-2011]

PLAT

The map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL

Rights conferred pursuant to law and this Part 1 prior to final approval after specific elements of a development plan have been agreed upon by the Joint Planning Board and applicant.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Secretary of the Joint Planning Board for its consideration and tentative approval and meeting the requirements of this Part 1.

PRIMARY USE

A principal use permitted in the district.

PRINCIPAL BUILDING

A building that is used or designed to be used for the primary use of the lot on which said building is situated.

PUBLIC UTILITY

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

QUADPLEX

Four attached dwellings in one building in which each unit has at least three outside exposures, shares common walls with an adjoining unit and is either above or below another unit.

[Added 4-9-2018 by Ord. No. 332-2018]

QUORUM

The majority of the full authorized membership of the Joint Planning Board or the Township Council.

RECREATION VEHICLE

A self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and is used solely as a family or personal conveyance.

[Added 12-22-1997 by Ord. No. 0-23-97]

RESIDENTIAL/GOLF COURSE DEVELOPMENT

A development that includes both attached residential housing and an eighteen-hole regulation golf course. The residential/golf course development must contain both the attached housing and the eighteen-hole regulation golf course. Standards for residential/golf course development as contained in § 142-224A(1) must be met.

[Added 4-9-2018 by Ord. No. 332-2018]

RESTAURANT

Any establishment, however designated, at which food and beverages are sold for consumption within the principal structure and in which all service and consumption take place within an enclosed building. A snack bar or refreshment stand accessory to a public, semipublic or private swimming pool, playground, playfield, park or like recreational facility is not included within the meaning of the term "restaurant" if such bar or stand is operated by or with the approval of the agency operating the recreational facility and is primarily for the convenience of patrons of the facility.

RESTAURANT, DRIVE-IN

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

RETAINING WALL

A structure designed for the separation of varying ground levels.

SCHOOL, COMMERCIAL OR BUSINESS

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

SCHOOL, TRADE OR VOCATIONAL

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

SETBACK, FRONT

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

SETBACK, REAR

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

SETBACK, SIDE

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

SIGN

Any device, whether or not permanent, mobile or portable, structure or object that provides visual communication to others, but not including:

(1) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations.

(2) Flags, signs and insignia of any government, public, semipublic, civic, political, charitable or religious groups, except when displayed in connection with any commercial promotion.

(3) Legal notices and identification, informational or directional signs erected or required by governmental bodies.

(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

SIGN, AREA OF

The area included within the frame or edge of the sign and comprising all of the display surfaces of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.

SITE PLAN

A development plan of one or more lots on which is shown:

(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

(2) 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 and screening devices.

(3) Any other information required by this Part 1 that may be reasonably required in order to make an informed determination pursuant to this Part 1.

STORY

That part of a building between a floor and the floor above or, in its absence, the ceiling or roof above. A story extending less than three feet above the building line shall not be counted in determining the number of stories. A story, the floor of which is below the building line and which extends to more than three feet above the building line shall be counted as that fraction of a story that the section above the building line bears to the height of the entire story. Any story under a pitched roof at the top of a building, the floor of which is not more than two feet below the plate, shall be counted as a half-story when not more than 60% of the floor area is used for rooms; otherwise, it shall be counted as that fraction of a story which its floor area in rooms bears to the entire floor area of that floor.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this Part 1, "streets" shall be classified as follows:

(1) ARTERIAL STREETS Those which are used primarily for fast or heavy traffic.

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

(3) MINOR STREETS Those which are used primarily for access to the abutting properties.

(4) MARGINAL ACCESS STREETS Streets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5) ALLEYS Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

STREET LINE

The dividing line between a lot and a street; the front lot line.

STRUCTURE

An assembly or combination of materials forming a construction for occupancy, use or ornamentation, including, among others, and without intending to limit the generality of the foregoing, buildings, stadiums, meeting or circus tents, reviewing stands, platforms, stagings, observation towers, radio and television towers and antennae, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences, nonportable flagpoles, swimming pools and signs, whether installed on, above or below the surface of a parcel of land.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this Part 1 to effect a subdivision of land hereunder for himself or for another.

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 within the meaning of this Part 1 if no new streets are created: divisions of land found by the Joint 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 of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

SUBSTANTIVE CERTIFICATION

A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the regulations promulgated thereunder. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

[Added 10-28-1993 by Ord. No. 0-18-93]

SWIMMING POOL

A body of water artificially constructed in whole or in part, having a depth at any point of more than 18 inches, whether above, below or level with the ground or area surrounding it and designed, established, constructed, maintained or used as an accessory use to a residence for the private swimming, bathing or wading purposes of a person, the members of his household or their guests.

TOWNHOUSE

An attached one-family dwelling in a row of at least two units, each with its own front and rear access to the outside and each separated from any other unit by no more than two common walls.

[Added 4-9-2018 by Ord. No. 332-2018]

USE

The principal purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

YARD, FRONT

That unoccupied portion of a lot, tract or parcel of land which fronts upon a public street between the street line and the buildings.

[Amended 7-24-2003 by Ord. No. 0-7-03R]

YARD, REAR

An open space on the same lot as the principal building, extending the full width of the lot and situated between the rear lot line and the rear building line.

YARD, SIDE

An open space between the side line of the lot and the side building line, extending from the front yard to the rear yard.