Borough of Wrightstown, NJ Article II Definitions and Descriptions

§ 219-6 Definitions.

A. For the purposes of this chapter certain phrases and words are herein defined as follows: Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the word "plot," "premises" and "tract"; the word "building" includes the word "structure" or "dwelling" or "residence"; the word "shall" is mandatory and not discretionary.

B. Any word or term not defined herein shall be used in accordance with a meaning utilized in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., where given, or, where not given, a meaning of standard usage, unless the context clearly otherwise indicates.

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ADVERSE EFFECT

Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on surrounding properties, including, but not limited to, inadequate drainage facilities, inadequate public utilities, unsuitable street grades, street locations that fail to compose a convenient system, failure to provide or make future allowance for access to the interior portion of adjoining lots or for other facilities required by this chapter.

AIRPORT

Any area of land or water, or both, designed and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized be the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or land strip.

AIRPORT HAZARD

Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport; or any structure or tree which obstructs the airspace required for the flights of aircraft in landing or taking-off at an airport.

AIRPORT HAZARD AREA

An airport hazard area shall be established for each runway at an airport and shall consist of a runway subzone, two runway end subzones and two clear zones. The overall airport hazard area for an airport is geometrically constructed by defining and locating the runway subzone and runway end subzones for each runway open to the public on an airport open to the public. The outermost borders of the subzones comprise the outermost boundary of the airport hazard area. The area within those outermost boundaries is that area regulated by the provisions of this chapter and is the airport hazard area for an airport.

ALTERATIONS OR ADDITIONS, STRUCTURAL

Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers.

APPLICANT

Any owner, or authorized representative having written consent from the legal owners, submitting an application for review and approval for land subdivision or site plan approval in accordance with this chapter.

APPLICATION

The application form and all accompanying documents required by this chapter for approval of a subdivision plat or a site plan.

AUTOMOBILE SALES

The use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.

BASEMENT

A story having more than 25% of its clear height below average contact grade.

BILLBOARD

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein.

BOARD

The Joint Land Use Board of the Borough of Wrightstown, Burlington County, New Jersey.[1]

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.

BUILDING COVERAGE

The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundation, including the gross square footage of the building structure supported by columns, but not having walls, as measured around the outside of the outer most extremities of the roof above the columns.

BUILDING HEIGHTS

The vertical distance measured to the highest point from the mean elevation of the finished grade five feet away from the foundation along the side(s) of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope.

BUILDING RESTRICTION LINE

A line that is a specified distance from the center line of a runway; between this line and the runway, there may be no buildings, structures, trees or other such permanent or semipermanent obstructions.

CARTWAY

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the edges of the paved or graded width.

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewerage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transhipment points.

CLEAR ZONES

The clear zones of an airport hazard area shall consist of trapezoids located within the runway end subzone along the flight approach and departure path. Each clear zone shall extend 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway. The base of the clear zone shall be collocated with the end of the runway subzone, and shall have a width of 250 feet. The width of the clear zone shall increase as the distance from the end of the runway safety zone increases. Its final width shall be 450 feet.

CLERK

The Borough Clerk of the Borough of Wrightstown.

CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT

A development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded.

COMMON PROPERTY/OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq. ). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate 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 Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2). "Mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[2] but shall not include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. All residences shall be subject to the provisions of BOCA.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Any shelter approved for a purchase of a 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) 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.

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 specified in this chapter.

DAYS

Calendar days.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and including 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 and prevention or alleviation of flooding.

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, 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.

DWELLING

A building which is designed or used exclusively as the living quarters for one or more housekeeping units.

DWELLING, APARTMENT

A dwelling unit in a building having three or more dwelling units.

DWELLING, DETACHED

A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own cooking, sleeping, sanitary and general living facilities.

DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit.

EASEMENT

A use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation or particular persons for specific uses.

EFFECTIVE RUNWAY LENGTH

That distance measured along a runway center line, from a point on the runway surface where there is a specified slope intersection from obstacles within a specified approach zone to the runway in the direction of travel during the landing. In regard to initial licensing criteria, the effective runway length is affected and reduced by runway gradient to the extent of 20% for each 1% of longitudinal gradient in excess of 2% longitudinal gradient.

EROSION

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

FINAL APPROVAL

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 guarantees properly posted for their completions, or approval conditioned upon the posting of such guarantees.

FIXED OR MOVABLE OBSTRUCTION

"Fixed or movable obstruction," when used in the context of "obstacle free zone," means any use of land or water, including lateral taxiway to runway center-line clearance and any man-made or natural structure or body that is fixed or movable that is higher than one meter. Objects such as visual approach slope indicators, wind indicators, and the like, are exempted from being such fixed or movable obstructions when they are mounted on frangible posts. Crops also may be exempted upon application and review.

FLOODPLAIN

The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel, including the following components:

(1) FLOODWAY The river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 of a foot.

(2) FLOOD HAZARD AREA Land in the floodplain subject to a one-percent or greater chance of flood in any given year.

(3) FLOOD FRINGE AREA That portion of the flood hazard area outside of the floodway.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

GARAGE, PRIVATE

An accessory building or structure or portion of a main building or structure only for the parking of vehicles of the occupants of the principal use, building or structure of the lot.

GARDEN APARTMENT

An apartment building containing a minimum of six dwelling units and not exceeding two stories in height.

GROSS FLOOR AREA

The area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height of eight feet or more and those areas used for storage space in nonresidential uses 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.

HISTORIC RESOURCE

Any site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

HOME OCCUPATION

An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by resident occupants of the residential building except that no more than two persons not residents of the building may be employed and provided also that no more than 900 square feet, or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purpose; that the livable floor area for the residence shall remain at least as large as that required of residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that no sign shall be displayed exceeding a maximum of two square feet on each of two sides and said sign shall be placed inside the building or, if located outside, shall be attached flat against the building; that the occupation shall be conducted entirely within either the dwelling unit or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no article shall be offered for sale on the premises; that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences; and that the use does not reduce the parking or yard requirements of the principal use.

HOMEOWNERS' ASSOCIATION

An organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the township in accordance with N.J.S.A. 40:55D-43.

HOTELS and MOTELS

A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees.

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERVIOUS or IMPERMEABLE SURFACE

Any natural or man-made surface which does not permit infiltration of water and/or causes surface runoff.

INSTITUTIONAL USE

Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities.

INTERESTED PARTY

Any person, whether residing within or without the Borough, whose right to use, acquire or enjoy property is or may be affected by any actions taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any law of this State of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

JUNKYARD

Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof or of any material whatsoever.

LAND

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

LOCAL UTILITY

Any sewerage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal and Country Utilities Authority Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

LOT

Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds except that for purposes of this chapter, contiguous undersized lots under one ownership shall be included in calculating the lot boundaries or areas.

LOT AREA

The area contained within the lot lines of a lot but shall not include any portion of a street right-of-way.

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135º. Any structure located on a corner lot shall be set back from the street the required front yard distance.[3]

LOT DEPTH

The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT FRONTAGE

The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

LOT WIDTH

The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall not be less than 75% of the minimum lot width for the zoning district in which the lot is located. For the purpose of calculating lot width only one of the lot front lines shall be designated as a side. However, a front yard setback is required on both sides.

MAINTENANCE GUARANTY

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

MASTER PLAN

A composite of the mapped and written plans recommending the physical development of the municipality which shall have been adopted pursuant to N.J.S.A. 40:55D-28.

MEAN ELEVATION

The average of the ground level measurements computed at the four extreme corner points of any proposed or existing building.

MOBILE HOME

A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.

MUNICIPAL AGENCY

The Joint Land Use Board or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

OFFICIAL MAP

A map adopted in accordance with the Official Map and Building Permit Act, N.J.S.A. 40:55-1.30 et seq.,[4] only to the extent that it is consistent with N.J.S.A. 40:55D-32 et seq., and to the extent that it has not been supplanted by an official map adopted pursuant to N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed conclusive with respect to the location and width of streets, drainage rights-of-way and flood-control basins, and the location and extent of public parks, playgrounds and scenic and historic sites shown thereon.

OFFICE

A place for the transaction of business where reports are prepared, records kept and services rendered, but where no retail sales, except in connection with professional services, are offered and where no manufacturing, assembly or fabricating takes place.

OFF-SITE

Located outside the lot lines of the property in question but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of the street right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

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 land area or water, essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets, off-street parking and other improvements that are designed to be incidental to the natural openness of the land, and provided further that no portion of the required open space shall include any yard or setback distance stipulated in this chapter and any street right-of-way.

PARKING SPACE

An area of not less than 10 feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for subdivision or for site plan approval, the owners of the subject property and all owners of property and government agencies entitled to notice thereof.

PERFORMANCE GUARANTY

Any security which may be accepted by the Borough, including performance bonds with a responsible surety authorized to do business in the State of New Jersey, or escrow agreements secured by cash, certified check or cashier's check, to guarantee the completion of the required improvements before the Board approves the final plat; provided that no more than 10% of the total performance guaranty may be required in cash. A responsible surety shall not include a surety against whom there are proceedings pending in this state to revoke its license to act as such surety.

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PLANNED COMMERCIAL DEVELOPMENT

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

PLANNED INDUSTRIAL DEVELOPMENT

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

PLAT

A map or maps of a subdivision or site plan. Included are:

(1) PRELIMINARY PLAT The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Board Secretary for Joint Land Use Board consideration and tentative approval, and meeting the requirements of this chapter.

(2) FINAL PLAT The final map of all or a portion of the subdivision which is presented to the Board for final approval in accordance with the regulations of this chapter, and which, if approved, shall be filed with the County Clerk's Office.

PORCH

A roofed, open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof. A porch may be screened.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to this chapter after specific elements of a subdivision or site plan have been agreed upon by the Joint Land Use Board and the applicant.

PRINCIPAL USE

The main purpose for which a lot or building is used.

PUBLIC AREAS

(1) Public parks, playgrounds, trails, paths and other recreational areas.

(2) Other public open spaces.

(3) Scenic and historic sites.

(4) Sites for schools and other public buildings and structures.

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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE

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

PUBLIC PURPOSE

The use of land by the Borough Council, Borough School Board or some officially created Borough agency or authority.

PUBLIC UTILITY

A business or service which is engaged in regularly supplying the public with some commodity or service which is of public convenience and need, such as electricity, gas, water and telegraph or telephone service.

[Amended 12-13-2000 by Ord. No. 2000-13]

RESTAURANT

Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, FAST-FOOD

A commercial establishment where foods and drink, prepared for immediate consumption, are purchased at a counter and either eaten on the premises, in the purchaser's automobile, or off the premises. Those restaurants where a majority of prepared food is consumed only at tables on the premises and served by waiters or waitresses at said tables shall not be deemed fast-food restaurants. Any restaurant with drive-through window service shall be considered a fast-food restaurant. Fast-food restaurants shall not include those retail stores where food is primarily sold for preparation and consumption elsewhere, such as a supermarket, or stores where, as a secondary use of the premises, prepared foods may also be sold over the counter for immediate consumption, such as a delicatessen.

RESUBDIVISION

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

RUNWAY END SUBZONE

The runway end subzones of an airport hazard area shall consist of trapezoids located at either end of the runway subzone along the flight approach and departure path. Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway. The base of the runway end subzone shall be defined by the end of the runway subzone, and shall have a width of 2,350 feet. The width of the runway end subzone shall narrow as distance from the end of the runway subzone increases. Its final width shall be 850 feet.

RUNWAY LENGTH AND WIDTH

The dimensioned area usable for the landing or takeoff of aircraft. It may be paved, unpaved or water. Along their length, runways are required to have a minimum sighting distance between points 1.5 m (five feet) high for all distances separated by 350 m (1,148 feet).

RUNWAY SAFETY AREA

An area in which a runway is symmetrically located and is graded to be smooth and level. These areas are to be maintained in such a condition that aircraft operating thereon may do so safely and with no damage.

RUNWAY SUBZONE

The runway subzone of an airport hazard area shall consist of a rectangle having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport. The width of the runway subzone shall be 2,350 feet and the length of the runway subzone shall be the same as the physical length of the runway.

SATELLITE DISH ANTENNAE

Any apparatus or structure constructed or installed out of doors with the purpose of receiving television, radio or similar waves, but excluding, however, conventional television antennae.

SEASONAL HIGH-WATER TABLE

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SECRETARY

The Secretary of the Joint Land Use Board.

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.

SERVICE STATION

Lands and buildings providing for the sale of fuel, lubricants and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or painting or the storage of inoperable or wrecked vehicles.

SETBACK LINE

A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

SHOPPING CENTER

An integrated group of uses where permitted in this chapter, on lots at least five acres in size, planned, constructed and managed as a total entity. For purposes of this chapter, shopping centers shall contain multiple individual uses and/or tenants with at least one use and/or tenant occupying more than 20,000 square feet of gross floor area.

SIGHT TRIANGLE EASEMENT AT INTERSECTION

A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street center line except for street signs, fire hydrants and light standards.

SIGN

Any message written, printed, painted or otherwise placed on a board, plate, banner, or upon any material or object, and/or any device whatsoever which by reason of its form, color, wording, activity, technique or otherwise, attracts attention to itself, whether used as a means of identification, advertisement or announcement. In addition to the provisions of this chapter, all signs shall comply with the provisions of the Uniform Construction Code.

SITE PLAN

A development plan of one or more lots on which is shown: the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter; and any modification to a previously approved site plan.

(1) MINOR SITE PLAN Any site plan for any new development or building alteration or addition not exempt from site plan review which involves grading, clearing or disturbance of an area less than 5,000 square feet.

(2) MAJOR SITE PLAN Any site plan not defined as a minor site plan.

SITE PLAN REVIEW

The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Joint Land Use Board.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of a roof shall not be considered a ceiling. A half story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.

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 pursuant to the Municipal Planning Act (N.J.S.A. 40:55D-1 et seq., as amended) 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 purposes of this chapter, streets shall be classified to conform with the Burlington County Master Plan as follows:

(1) ARTERIAL STREET A street used primarily for fast or large volumes of traffic.

(2) COLLECTOR STREET A street used to carry traffic from the minor streets to the primary streets and designed to have considerable continuity and traffic capacity.

(3) MINOR STREET Those streets other than arterial or collector streets which need be entered only for stopping at a destination on that street, and which need not be used for general circulation or through traffic.

(4) MARGINAL ACCESS STREET Streets located parallel and adjacent to arterial streets and highways which are designed to provide access to abutting properties without interrupting highway traffic except at recognized intersections and access points.

(5) CUL-DE-SAC A short, dead-end minor street terminating in a circular or other turnaround area.

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.

STRUCTURE HEIGHT

Same as "building height."

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 chapter if no new streets are created: divisions of land found by the Planning Board or subdivision committee thereof 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, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

(1) MINOR SUBDIVISION Any division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing improved street, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.

(2) MAJOR SUBDIVISION Any subdivision not defined as a minor subdivision.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirements of Article V and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do no exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests, and which is located on a lot as an accessory use and shall include all buildings, structures, equipment and appurtenances thereto.

TAXIWAY

A pathway for movement of an aircraft on the surface, usually connecting the landing and takeoff area or runways with support facilities.

THRESHOLD

A line, at right angles to the runway center line and extending for the full width of the runway, established for the purpose of identifying the beginning of the runway area that is designated for the landing of airplanes.

TOWNHOUSE

One dwelling unit in a line of at least four but no more than eight connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination. Each dwelling unit may have one or two stories, but nothing in the definition shall be construed to allow one dwelling unit over another.

TRACT

An area of land composed of one or more lots adjacent to one another having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract, provided that the street is not an arterial road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

UTILITIES

Those services customarily rendered by corporations or the municipality, under the review of the Public Utilities Commission, for public service, such as electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services.

VARIANCE

Permission to depart from the literal requirements of the Borough Zoning Ordinance.

VFR RUNWAY, FIVE-THOUSAND-FOOT APPROACH SURFACE (MINIMUM STANDARD)

A runway approach/departure path that is 1,524 meters (5,000 feet) in length, 76 meters (250 feet) in width at the inner surface, and expands uniformly to 381 meters (1,250 feet) in width at the outer surface. It has a 2 0/1 upward slope from the ground from its inner surface and is free of penetrating obstacles. From its inner surface to 305 meters (1,000 feet) outward, the VFR approach surface and clear zone define the same area and are always so collocated (see definition of "clear zones" herein).

WETLANDS, FRESHWATER

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; provided, however, that in designating a wetland, the three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987, interim-final draft Wetland Identification and Delineation Manual developed by the United States Environmental Protection Agency, and any subsequent amendments thereto, shall be used.

WETLAND SOILS

Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including, but not limited to, Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and freshwater marsh and tidal marsh soil types.

YARD, FRONT

An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved streets. The minimum required front yard shall be the same as the required setback.

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent lines of curved streets. The minimum required rear yard shall be the same as the required setback.

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved lot lines.

[1] Editor's Note: See § 219-48I(8)(d).

[2] Editor's Note: N.J.S.A. 30:4-23 was repealed by L. 1987, c. 116, § 30, effective 6-7-1989. See now N.J.S.A. 30:4-27.2.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

[4] Editor's Note: N.J.S.A. 40:55-1.30 was repealed by L. 1975, c. 291, § 80, effective 8-1-1976.