Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future, and the future the present; the singular number shall include the plural, and the plural the singular. The word "lot" includes the word "plot." The word "structure" includes the word "building." The word "occupied" includes the words "designed or intended to be occupied." The word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used." The word "excavate" includes the words "mine and move." The word "shall" is mandatory and not optional, and the word "may" is permissive.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
Municipal agency or its authorized committee or designee.
ALTERATION, STRUCTURAL
Any changes in the supporting members of a building, such as bearing walls, columns, beams or girders.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for a subdivision, site plan, conditional use, zoning variance or direction for the issuance of a permit pursuant to law, as required by this chapter and the rules and regulations of the approving authority.
APPROVING AUTHORITY
The Planning Board of Riverdale or the Riverdale Zoning Board of Adjustment, as the case may be, as provided in Article III herein.
BOARD
The Planning Board of the Borough of Riverdale.
BUILDING
Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
CHANGE OF USE
A change from any of the uses specifically enumerated in the Zoning Ordinance[1] as principal uses, for any of the zones set forth therein, to any other use enumerated therein. Change of occupancy by itself shall not be considered a change of use.
COMPLETE APPLICATION
An application form completed as specified in this chapter and the rules and regulations of the approving authority and all accompanying documents as required in § 149-8 herein for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the approving authority may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location shall comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance[2] and upon the issuance of an authorization therefor by the approving authority.
CONSTRUCTION PERMIT
A document issued by the administrative officer which is required as a condition precedent to the installation of any improvement and the issuance of a building permit, where applicable, and as further provided in § 149-44 herein.
CONVENTIONAL DEVELOPMENT
Development other than planned development.
COUNTY PLANNING BOARD
The Morris County Planning Board.
DAYS
The number of calendar days for the purpose of this chapter.
DETENTION BASIN
Those areas which exist or are created for the temporary storage of stormwater and controlled discharge of this water to a receiving drainage system. For the purpose of this chapter, outlet discharge after development shall control the peak discharge of a one-hundred-year storm to the maximum rate of discharge occurring from a twenty-five-year storm with existing surface development.
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.
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 and 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.
DRAINAGEWAY
The land used for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as the drainage functions 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.
DRIVEWAY
A private way providing vehicular access to one or more parcels of property.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXCAVATE
To dig, move, remove, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour; to transport or to supply.
FINAL APPROVAL
The official action of the approving authority taken on a preliminary-approved major subdivision or major 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.
FLOOD HAZARD AREA
The rivers or other watercourses and adjacent land areas subject to inundation in the event of the design flood. These areas shall include the floodway and flood fringe areas as delineated on the Flood Insurance Study for the Borough of Riverdale, dated October 1985, with accompanying Flood Insurance Rate Maps and Flood Boundary Maps prepared by the Federal Emergency Management Agency.
FLOODWAY
The rivers or other watercourses and the adjacent land area to be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA
The residential portion of a dwelling unit, excluding basements, attics, porches, terraces, breezeways, carports, heating rooms, unheated areas and garages, measured by using the area within the outside of exterior walls. In nonresidential uses, areas used for storage space shall be included in the gross floor area. The gross floor area of a townhouse, apartment or other attached structure shall be measured from the center of interior walls and the outside of exterior walls. In residential uses, the ceiling height of 75% of the area must be at least seven feet six inches with a permanent fixed access.
GOVERNING BODY
The Mayor and Borough Council of the Borough of Riverdale.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls of the building.
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, tennis courts, parking areas, garages, walkways, patios, loading areas, hard surfaces or other man-made improvements. Detention or retention basins shall be excluded from such calculations, provided that same are constructed of natural materials.
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 Borough of Riverdale, 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 failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the surface.
LOADING SPACE or LOADING AREA
An off-street space or berth on the same lot with a building or a group of buildings for temporary parking of a commercial vehicle while loading or unloading merchandise, materials or equipment.
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 COVERAGE
The percentage of a lot area which is occupied by buildings and accessory structures, including swimming pools, porches, decks, chimneys and other related building appurtenances.
LOT DEVELOPMENT PLAN
A plan for a residential lot showing all existing and proposed conditions and structures within the lot, as further provided for in § 149-8G herein.
MAINTENANCE GUARANTY
Any security which may be accepted by the Borough of Riverdale, other than cash, for the maintenance of required improvements in accordance with Article XI herein.
MAJOR SITE PLAN
Any site plan required by this chapter not classified as a minor site plan.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Borough of Riverdale which shall have been duly adopted by the Riverdale Planning Board.
MINOR SITE PLAN
A site plan required by this chapter, as further provided in Article VII herein, and which does not involve:
A. 
A planned development.
B. 
Any new street.
C. 
The installation or extension of any off-tract improvement.
D. 
A request for any type of variance.
E. 
A request for a conditional use approval.
F. 
A soil mining permit from the Borough of Riverdale or approval from the Soil Conservation Service.
G. 
A request for a subdivision.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than three lots, planned development, any new street, or extension of any off-tract or off-site improvement by either the developer or the Borough. There shall be only one minor subdivision of a parcel of land within a period of five years. All subsequent subdivisions shall be classed major subdivisions.
[Amended 11-8-2023 by Ord. No. 9-2023]
MUNICIPAL LAND USE LAW
Chapter 291 of the Laws of 1975 of the State of New Jersey and any amendments thereto.[3]
NONPOINT POLLUTION
Pollution from any source other than from any discernible, confined and discrete conveyance and shall include but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
OFFICIAL MAP
A map and accompanying ordinance adopted by the governing body of the Borough of Riverdale pursuant to law. Such map shall be deemed to be conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
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.
PARKING AREA, PRIVATE
Any area exclusively designated for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLIC
Any area other than a street or other public way exclusively designated for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.
PARKING SPACE
A place that is arranged and intended, exclusively, for the parking of one motor vehicle in a parking area or a garage in accordance with the requirements of this chapter. A parking space shall also mean a parking stall.
PARTY IMMEDIATELY CONCERNED
For the purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.
PERFORMANCE GUARANTY
Any security which may be accepted by the Borough of Riverdale, including cash, for assuring the installation of required improvements in accordance with Article XI herein.
PERSON
Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust or other legal entity.
PLAT
A map or maps of a subdivision or site plan pursuant to the provisions of this chapter.
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 authority and the applicant.
PRELIMINARY FLOOR PLANS AND FACADE 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 the site and immediate environs, as well as its general design and materials proposed to be used in construction.
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 BUILDINGS
For the purpose of determining the applicability of the physically handicapped persons laws under the provisions of Chapter 220 of the Laws of 1975,[4] any building, structure, facility or complex used by the general public, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreational facilities, public transportation terminals and stations, houses of worship, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places, constructed by any state, county or municipal government agency or instrumentality or any private individual, partnership, association or corporation, with the following exceptions: one- to four-family private residences, warehouse storage areas and all buildings classified as hazardous occupancies. As used herein, "hazardous occupancy" means the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable or explosive material or which has inherent characteristics that constitute a special fire hazard.
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 the drainage functions 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 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.
RETENTION BASIN
Those areas which exist or are created for the storage of stormwater and absorption of this water into the ground. Retention basins shall be designed to accept all surface waters from a one-hundred-year storm and absorb same within a seven-day period.
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.
SIGHT DISTANCE
That distance necessary to provide a driver with clear visible sight along an intersecting street to safely cross and enter an intersection; and that distance necessary for a driver entering or exiting a driveway to have clear visible sight along the intersecting street to safely cross or enter the intersection.
SIGHT TRIANGLE
An area of land established at the intersection of one or more streets and/or driveways, defined by three points: the first being the intersection of the center line of the intersecting street or driveway and the center line of the intersected street, and the second and third points being those points defined under "sight distance" herein.
SITE PLAN
A. 
A development plan of one or more lots on which is shown:
B. 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways.
C. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs and lighting and screening devices.
D. 
Any other information that may be reasonably required in order to make an informed determination by the approving authority pursuant to state law.
SLOPE
The ratio of rise of land to horizontal separation of this rise. For the purpose of this chapter, a slope shall be determined by dividing vertical elevation difference on adjacent contour lines by the scaled horizontal distance perpendicular to these adjacent contour lines.
SOIL MINING ORDINANCE
The Soil Mining Ordinance of the Borough of Riverdale and any amendments thereto.[5]
STEEP SLOPE
Land surface gradients of 15% or greater. "Steep slopes" shall also mean steep topography.
STREAM
Any natural body of water flowing continuously or intermittently, whether designated as a stream, brook, river or otherwise, and consisting of a bed, bank and water.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this chapter; 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. For the purpose of this chapter, streets shall be classified as major collector streets, minor collector streets and local streets.
STREET LINE
The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the street line shall be considered to be the proposed right-of-way line for the street.
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 chairman 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 municipality.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBWATERSHED
A subarea of a watershed with a tributary area of 30 acres or more.
SURFACE WATER
All water produced by rain, flood, drainage, springs and seeps flowing over the land or contained within a natural or artificial watercourse.
TREE
Any woody perennial plat with one main trunk, such trunk having a diameter of at least eight inches when measured four feet above the level of the existing grade.
TOE OF SLOPE
The point where the proposed fill slope intersects with the existing ground surface.
TOP OF SLOPE
The point where the proposed cut slope intersects with the existing ground surface.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
USE
The specific purpose for which land or a building, structure or facility 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 Zoning Ordinance of the Borough of Riverdale.[6]
WATERCOURSE
Rivers, streams, brooks, waterways, lakes and all other bodies of water, whether public or private, excluding piped drainage systems, which are contained within, flow through or border on the Borough of Riverdale and which receive or conduct surface water runoff.
[1]
Editor's Note: See Ch. 168, Zoning.
[2]
Editor's Note: See Ch. 168, Zoning.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: See N.J.S.A. 52:32-4 et seq.
[5]
Editor's Note: See Ch. 140, Soil Removal.
[6]
Editor's Note: See Ch. 168, Zoning.