B.
Word usage. All words used in the present tense include the future
tense; all words in the plural number include the singular number,
and all words in the singular number include the plural number, unless
the natural construction of the wording indicates otherwise. Unless
otherwise specified, all distances shall be measured horizontally.
The word "structure" includes the word "building"; the word "lot"
includes the word "plot"; the word "used" shall be deemed also to
include "occupied"; the term "erected" shall be deemed also to include
"constructed", "structurally altered," "enlarged" or "moved"; and
the word "shall" is mandatory and not directory. The word "Borough"
means the "Borough of Pompton Lakes, Passaic County, State of New
Jersey." The terms "Mayor and Council," "Board of Adjustment," "Planning
Board" and "Zoning Officer" mean the respective Boards and officers
of said Borough. The term "Board" shall refer to either the Planning
Board or the Zoning Board of Adjustment. The word "person" shall be
deemed to include "persons, corporations or partnerships," where appropriate.
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to the principal building or use
and located on the same lot with such principal building or use. Any
accessory building attached to a principal building is deemed to be
a part of such principal building in applying the bulk regulations
to such accessory building.
A planned development designed for active older adults who
seek to live in a community that offers relatively maintenance-free
housing and a package of amenities, including social and recreational
activities, personal services, limited health facilities and transportation.
[Added 11-28-2007 by Ord.
No. 07-20]
The Zoning Officer of the Borough of Pompton Lakes.
Housing subject to the regulations of the New Jersey Council
on Affordable Housing.
A person who is 55 years of age or older, consistent with
the Federal Fair Housing Act, and provided that no children under
18 years of age are permitted to reside in the buildings in the community
so restricted.
[Added 11-28-2007 by Ord.
No. 07-20]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
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 N.J.S.A. 40:55D-34 or 40:55D-36.
The Municipal Planning Board, unless a different agency is
designated by ordinance when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
The area directly under the roof where less than 25% of the
floor area has a clear height of at least seven feet, where windows
are lacking or where the area is otherwise considered uninhabitable
by state or local code.
A building, or portion thereof, where automobiles are washed
with the use of a chain conveyor and blower or by other mechanical
means.
A story partly underground, but having at least 1/2 of its
clear height above the average level of the adjoining finished grade.
A mound of earth or the act of pushing earth into a mound.
[Added 11-28-2007 by Ord.
No. 07-20]
That property abutting on one side of a street and lying
between the two nearest intersecting and intercepting streets or railroad
rights-of-way, park boundaries or waterways.
The Planning Board or Board of Adjustment of the Borough
of Pompton Lakes.
Any dwelling in which more than four persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished-room house shall be deemed a "boardinghouse."
A landscaped area containing vegetation, fences, walls, landforms
and such designed to separate and screen different types of uses.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land.
The total of areas of outside dimensions on a horizontal
plane and ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
A building separated on all sides from the adjacent open
space, or from other buildings or other structures, by a permanent
roof and by exterior walls or party walls pierced only by windows
and normal entrance or exit doors.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof. In a Special Flood Hazard Area, the building
height shall be measured from the base flood elevation to the highest
point of the roof.
[Added 11-21-2011 by Ord.
No. 11-24]
A nonaccessory building in which a principal use of the lot
on which it is located is conducted.
The volume and the shape of a building or of a nonbuilding
use in relation to lot lines, center lines of streets, other buildings
and all open spaces appurtenant to a building or a nonbuilding use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining finished grade
or having less than four feet of its clear height above the average
level of the adjoining finished grade.
A certificate issued by the Construction Official upon completion
of construction and/or alteration of any building or change in use
of any building or change in occupancy of a nonresidential building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment or Planning Board and/or all other applicable requirements.
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, including a change from one permitted
use to another kind of permitted use in the same zone, as well as
any change in activity which will change, alter, enlarge or affect
drainage, traffic, parking, sidewalks, paving, landscaping, fencing,
sanitary disposal or other similar considerations under the site plan
review requirements.
A form of development for single-family residential subdivisions
that permits a reduction in lot area and bulk requirements, provided
that there is no increase in the number of lots permitted under a
conventional subdivision and the resultant land area is devoted to
open space.
Any community residential facility housing no more than 15
developmentally disabled persons which provides food, shelter and
personal guidance for developmentally disabled persons who require
assistance, temporarily or permanently, in order to live independently
in the community. Such residences shall not be considered health care
facilities within the meaning of the Health Care Facilities Planning
Act, P.L. 1977, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 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 to such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health center, and
retail stores and services primarily for conference center guests.
[Added 11-28-2007 by Ord.
No. 07-20]
An accessory use in an enclosed space designed, furnished
and equipped to accommodate conferences or meetings.
[Added 11-28-2007 by Ord.
No. 07-20]
The person appointed pursuant to that section of the Code
of the Borough of Pompton Lakes, New Jersey, establishing a State
Uniform Construction Code enforcing agency.[1]
A recreational facility which may be restricted to members
and their guests and contain such features as a clubhouse or country
club, dining and eating establishments, and recreational uses such
as golf courses, tennis courts, play fields, and other customary accessory
uses.
[Added 11-28-2007 by Ord.
No. 07-20]
That percentage of the plot or lot area covered by the building
area.
The permitted number of dwelling units per gross acre of
land to be developed.
A man-made or natural water collection facility designed
to collect surface and subsurface water in order to impede its flow
and to release the same gradually, at a rate not greater than that
prior to the development of the property, into natural or man-made
outlets.
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.
Any component of the drainage system.
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.
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
An establishment that by design, physical facilities, service
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles. Examples are drive-up windows; menu boards; order
boards or boxes; gas pump islands; car wash facilities; auto service
facilities, such as air compressor, water, and windshield washing
stations; quick-lube or quick-oil change facilities; drive-in theaters;
and drive-up bank tellers or ATM machines.
[Added 11-28-2007 by Ord.
No. 07-20]
A strip of land, whether improved or unimproved, leading
from a street or road used by an individual or business and guests,
invitees and licensees solely for the purpose of gaining entrance
to the private residence or business establishment and not used by
the general public for purposes of vehicular travel.
A single structure with two apartments (dwelling units) either
side by side or one on top of the other, and with separate entrances
for each of the apartments (dwelling units).
[Added 2-14-18 by Ord.
No. 2018-06]
A building, or portion thereof, but not an automobile house
trailer, designed or used exclusively for residential occupancy, including
one-family dwellings, two-family dwellings and multiple-family dwellings,
but not including hotels and motels.
A building, or entirely self-contained portion thereof, intended
or designed for the nontransient residential use of one family and
including complete, permanent and separate kitchen and bathroom facilities.
Evidence of self-containment will include complete physical separation
from other dwelling units; lockable doors; security separation from
other dwelling units; access directly to the unit not through other
units; payment of rental or utility costs; and separate service for
utilities, mail, telephone, and cable television. No dwelling unit
shall be allowed which consists solely and totally of living space
within the cellar, basement or attic.
A one-family dwelling attached to two or more one-family
dwellings by common vertical wall(s).
A building, or portion thereof, containing three or more
dwelling units.
A building designed or used exclusively for occupancy by
one family and includes one-family detached dwellings and group houses.
A building containing two or more dwelling units, each dwelling
unit separated by vertical party walls, separate and apart, each having
direct access to the outside and the street without use of a common
hall or passageway.
A building designed for or containing two dwelling units;
not the definition of occupancy by two families. See the definition
of "multiple-family dwelling."
A right granted, but not dedicated, for the limited and defined
use of private land for a public or quasi-public purpose and within
which the owner of the property is restricted by the terms of the
easement.
Services and utilities needed for the health, safety, and
general welfare of the community, such as underground, surface or
overhead electrical, gas, telephone, stream, water, sewerage, and
other utilities and the equipment and appurtenances necessary for
such systems to furnish an adequate level of service for the area
in which they are located.
[Added 11-28-2007 by Ord.
No. 07-20]
One or more persons living together in a permanent domestic
arrangement as opposed to a transient living arrangement.
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 and dividing
one piece from another.
Any use of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, dry
cleaning or otherwise cleaning or servicing such motor vehicles.
The official action of the Board taken on a preliminary approved
major subdivision or site plan after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guaranties properly posted for
their completion, or approval conditioned upon the posting of such
guaranties.
The final map of all or a portion of the site plan or subdivision
which is presented to the Board for final approval in accordance with
the provisions of this chapter and which, if approved, shall be filed
with the proper county office.
A building used for nonresidential purposes such as office,
warehousing or distribution purposes, and designed so the interior
walls may be relocated to accommodate different and/or changing needs
of occupants.
[Added 11-28-2007 by Ord.
No. 07-20]
The floodway and flood-fringe areas determined by the New
Jersey Department of Environmental Protection under Section 3 of the
Flood Hazard Area Control Act[2] (P.L. 1962, c. 19, as amended).
The flood hazard areas of delineated streams and areas inundated
by the one-hundred-year flood in nondelineated areas.
The channel of a natural stream and portions of the flood
hazard areas adjoining the channel which are reasonably required to
carry and discharge the floodwater or floodflow of any natural stream.
The sum of the gross horizontal areas of the several floors
of a building or buildings and its accessory building(s) on the same
lot, except that in residential buildings the cellar, basement and
attic floor area not devoted to residential use shall be excluded,
but the area of roofed porches and roofed terraces shall be included.
All dimensions shall be measured between the exterior faces of walls.
The floor area of all buildings on a lot, divided by the
area of such lot.
An enclosed space for the storage of one or more motor vehicles,
provided that no business occupation or service is conducted for profit
therein nor space therein for more than one car is rented to a nonresident
of the premises.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
A plan showing general land use, circulation, open space,
utilities, stormwater management, environmental factors, community
facilities, housing, and phasing for parcels of land in excess of
100 acres and proposed to be constructed as a planned development.
[Added 11-28-2007 by Ord.
No. 07-20]
A tract of land laid out for at least nine holes devoted
to the playing of the game of golf and improved with tees, fairways,
greens and hazards and which may include clubhouses, maintenance buildings,
pro shops, shelters and other similar support facilities normally
associated with a golf course.
[Added 11-28-2007 by Ord.
No. 07-20]
A golf course which shall be at least 3,000 yards in length
for 18 holes, encompasses 40 acres to 75 acres in area, has a total
par ranging from 55 to 68, and is designed according to the standards
of the National Golf Foundation or other prevailing organization exercising
authority or design regulation in the game of golf.
[Added 11-28-2007 by Ord.
No. 07-20]
A recreational facility patterned after the game of golf,
but involving only the putting stroke.
[Added 11-28-2007 by Ord.
No. 07-20]
A golf course which shall be at least 6,000 yards in length
for 18 holes as measured from the middle tees, encompasses 150 acres
in area, has a minimum par of 72, and is designed according to the
standards of the National Golf Foundation or other prevailing organization
exercising authority or design regulation in the game of golf.
[Added 11-28-2007 by Ord.
No. 07-20]
The completed surfaces of lawns, walks and roads brought
to grades as shown on approved plans relating thereto.
Development in areas which contain existing, natural slopes
in excess of 15%.
[Added 11-28-2007 by Ord.
No. 07-20]
A building which has a common entrance or entrances and contains
living and sleeping accommodations for 10 or more persons, for hire.
Any portable or mobile structure or vehicle used as a dwelling
unit or for sleeping purposes or for the conduct of business, whether
or not such vehicle or structure is attached to a foundation.
A nonprofit, religious, or public use, such as a religious
building, library, public or private school, hospital, or government-owned
or -operated building, structure or land used for public purpose.
[Added 11-28-2007 by Ord.
No. 07-20]
An area of land, with or without buildings, used for or occupied
by a deposit, collection or the storage, outside of a completely enclosed
building, of used and discarded materials such as wastepaper, rags
or scrap metal, used building materials, house furnishings, machinery,
vehicles, or parts thereof, etc., with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
A deposit or the storage on a lot of two or more wrecked or broken-down
vehicles or parts of two or more such vehicles for one month or more
in a residential district or for three months or more in any other
district in the Borough shall be deemed to be a "junkyard."
A component of a development plan on which are shown proposed
landscape species (such as number, spacing, size at time of planting,
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
[Added 11-28-2007 by Ord.
No. 07-20]
An activity which involves the fabrication, reshaping, reworking,
assembly or combining of products from previously prepared materials
and which does not involve the synthesis of chemicals or chemical
products or the processing of any raw materials. This category includes
light industrial operations such as electronic, machine parts and
small component assembly.
[Added 11-28-2007 by Ord.
No. 07-20]
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The horizontal distance measured along the full length of
the front lot line. In no case shall this distance be less than 50
feet in any district.
A boundary line of a lot.
That boundary of a lot which is along an existing or dedicated
public street or, where no public street exists, is along a public
way.
That boundary of a lot which is most distant from and is
most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
The mean horizontal distance between the front and rear lot
lines.
The straight-line distance between points on opposite side
lot lines measured at the front yard setback line.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq. and this chapter.
A development plan for one or more lots not classified as
a minor site plan.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board.
A development plan not involving any new buildings, any additions
to an existing building or any on-site improvements.
Any subdivision containing not more than three lots, including
the remaining land fronting on an existing municipal street, not involving
any new street or road or the extension of municipal 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, Zoning Map or other provisions of
this chapter.
An area with a specified minimum contiguous acreage to be
developed as a single entity according to a plan containing one or
more residential clusters, which may include appropriate accessory
or public or quasi-public uses all primarily for the benefit of the
residential development.
A use, generally a principal use of land, to which the buildings
on the lot, if any, are accessory, such as an open storage yard for
materials or equipment and on which the buildings, if any, may be
used:
That part of a building or nonbuilding use which does not
conform to one or more of the applicable bulk regulations prescribing
the maximum floor area ratio, maximum height per foot of distance
from each lot line, length or height of a building or nonbuilding
use or the minimum lot area per dwelling unit, lot frontage, yards,
courts, required spacing between detached buildings on the same lot
and usable open space on the lot for the district in which such building
or nonbuilding use is located.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this Zoning Chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this Zoning
Chapter, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
Any use of land, buildings or structures which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which does not now comply with all of the regulations of this
chapter governing use for the zoning district in which such use is
located.
A school, operated on a regular basis, designed to provide
daytime care or instruction for two or more children too young to
enter public school.
Any structure licensed by the State of New Jersey to operate
as a "nursing home."
A map adopted in accordance with N.J.S.A. 40:55D-32 through
40:55D-36. Such map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
Any eating establishment where food and/or other refreshments
are served upon the public right-of-way; namely, the sidewalks immediately
in front of any restaurant, cafe or place of business where food and/or
other refreshments are served, or a public plaza immediately adjacent
to any restaurant, cafe or place of business where food and/or other
refreshments are served. Said outdoor area shall be considered as
part of the building structure and shall be limited in use only for
patrons of the eating establishment. An outdoor cafe shall be a permitted
accessory use for any existing permitted use which allows for the
operation of a restaurant, cafe or place of business where food and/or
other refreshments are served.
[Added 11-28-2007 by Ord.
No. 07-20]
The keeping in an unenclosed area of any goods, junk, material,
merchandise, or commercial vehicles in the same place for more than
24 hours.
[Added 11-28-2007 by Ord.
No. 07-20]
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 chapter.
Land used for parking vehicles which is not open to the use
of the public for purposes of vehicular travel and is not part of
the street or road.
An off-street space accessible and usable for the parking
of one motor vehicle exclusive of passageways and aisles appurtenant
thereto.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Board or other approving
body approves a plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards and glare
or heat generated by or inherent in uses of land or buildings.
An area of a minimum contiguous or noncontiguous size as
specified by this chapter to be developed according to a plan as a
single entity containing one or more structures with appurtenant common
areas to accommodate commercial or office uses or both and any residential
or other uses incidental to the predominant use as may be permitted
by this chapter.
[Added 11-28-2007 by Ord.
No. 07-20]
The map of a subdivision or site plan.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Borough for consideration and
approval and meeting the requirements of this chapter.
The replenishment of underground water reserves.
Any development undertaken in a redevelopment area, designated
by the Mayor and Council, pursuant to the Redevelopment Plan adopted
for the redevelopment area.
[Added 7-20-2011 by Ord.
No. 11-08; amended 2-27-2019 by Ord. No. 19-09]
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, and entertainment, and where the primary attraction
generally involves recreational facilities, features or activities.
[Added 11-28-2007 by Ord.
No. 07-20]
An establishment at which food and drink are sold for consumption
on the premises where patrons are seated within an enclosed building
and served by waiters/waitresses.
A right-of-way, whether improved or unimproved, extending
from one town or place to another used by the public for vehicular
travel and which does not include service entrances, driveways and
parking lots leading off from the road to adjoining premises.
Any person 62 years of age or older.
A multifamily dwelling designed for occupancy by senior citizens.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
[Added 11-28-2007 by Ord.
No. 07-20]
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public
or attracting public attention to an establishment or premises. The
word "sign" includes the word "billboard," but does not include the
flag, pennant or the insignia of any nation, state, city or other
political unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event.
The area within the shortest line that can be drawn around
the outside perimeter of a sign, including all decorations but excluding
supports, if any, unless said supports are illuminated. In computing
the area of a sign, the area of all faces of such sign shall be included.
A neon tube, a string of incandescent lights or a similar device outlining
any part of a building or hung upon any part of a building or lot
shall be deemed to have a minimum dimension of one foot.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises, if at all.
A sign which directs attention to a business or profession
conducted on the premises.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The 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.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
The sketch map of a development of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
An establishment which serves food prepared to order for
consumption off the premises, having no facilities for on-site consumption
but may have a waiting area, including but not limited to Chinese
food, pizza, deli and bagel stores.
That portion of a building included between the surface of
any floor and the surface of the floor next above, or, if there is
no floor above, the space between the floor and the ceiling next above.
A basement shall be counted as a story for the purposes of this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Borough 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 chapter, "streets"
shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose 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.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
CULS-DE-SACAny street having only one point of ingress/egress to be measured from that single access point to its furthest extreme end. It does not include service entrances, driveways and parking lots leading from the street to adjoining premises.
A boundary line of a dedicated street; a lot line coinciding
with such line.
Altered by any change in or addition to the supporting members
of a structure.
Any combination of materials erected above or below the ground
forming any construction, the use of which involves land disturbance,
including excavation, soil removal, land filling or site clearance
in or on the ground or attachment to something having a location in
or on the ground, excluding vehicles.
[Added 8-13-1997 by Ord.
No. 97-08]
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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 subdivision within
the meaning of this chapter, 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.
Division of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
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 to conform to the requirements of the development
regulations contained in this chapter for frontage on an improved
street, zoning district regulations and for design standards and improvement
specifications; and further provided that each lot, tract or parcel
of land is shown and designated as separate lots, tracts or parcels
of land shown on the Official Tax Map of the Borough which are owned
by the same person or persons but which individually do not conform
to the zoning district regulations and/or which do not meet the required
frontage on an improved street shall be treated under this chapter
as a single parcel of land, no portion of which may be conveyed without
subdivision approval as prescribed by this chapter.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members which
may be appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
having such other duties relating to land subdivision as may be conferred
on this Committee by the Board.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
[Added 11-28-2007 by Ord.
No. 07-20]
An area, parcel, site, piece of land, or property that is
the subject of a development application.
[Added 11-28-2007 by Ord.
No. 07-20]
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, designed and constructed for travel and recreational
purposes.
Any premises where one or more trailers are parked or any
premises used or held out for the purpose of supplying to the public
a parking place for trailers.
A person who stays and is the recipient of hospitality in
a hotel, lodge, inn or bed-and-breakfast on a brief, short-lived,
impermanent basis, generally less than 14 days.
[Added 11-28-2007 by Ord.
No. 07-20]
The specified purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A unique and scenic view to or from a particular point, including
but not limited to mountains, lakes, farmlands, historic sites and
settlements, pastures, groves, glens, and similar features.
[Added 11-28-2007 by Ord.
No. 07-20]
The space on a lot extending along a lot line between such
lot line and a principal building or buildings or nonbuilding use
occupying such lot.
A yard extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
A yard extending the full width of the lot and situated between
the rear line of the building and the rear line of the lot.
A yard situated between the building and the side line of
the lot extending from the front yard to the rear yard.
The administrative officer as defined by this chapter and
the Borough official responsible for the enforcement of this chapter.
The Zoning Officer shall be appointed by the Mayor and Council.
