Terms defined.
ACCESSORY STRUCTURE OR BUILDING
A structure or building subordinate and unattached to the
principal building on the same lot and serving a purpose incidental
to the principal building. Where a portion of the principal building
or a building or structure attached to the principal building is utilized
for an accessory use, it shall be considered part of the principal
building for determining required yard dimensions, except as elsewhere
provided in this chapter. For purposes of this definition, a deck
attached to a principal structure shall be considered an accessory
structure.
[Amended 7-14-1988 by Ord. No. 32-88]
ADMINISTRATIVE OFFICER
For Planning Board matters and Board of Adjustment matters,
the Planning Board Planning Consultant or such other person designated
by resolution of the Planning Board or the Board of Adjustment; for
the governing body, the Municipal Clerk.
[Amended 4-28-1988 by Ord. No. 17-1988]
ADVERSE EFFECTS
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions or
tending to create such conditions on a development or any adjacent
property, such as improper circulation and drainage right-of-way as
defined in N.J.S.A. 40:55D-3 and 40:55D-4 of the Municipal Land Use
Law, as amended, inadequate drainage facilities, insufficient street
width, unsuitable street grades, unsuitable street location to accommodate
prospective traffic or coordinate and compose a convenient system,
locating lots in a manner not adaptable for the intended purpose without
danger to health or peril from flood, fire, erosion or other menace,
providing for lots of insufficient size and neither providing nor
making allowance for other facilities required by this chapter.
AGRICULTURAL PURPOSES
The use of land for growing and harvesting crops and/or the
raising and breeding of animals.
AGRICULTURE
The growing and harvesting of crops and the raising, keeping,
training and breeding of farm animals, including truck farms, livestock,
dairies, fruit farms, nurseries and greenhouses, buildings for housing
seasonal workers for the farmer's own use, barns, grading and storage
buildings with packing but not processing operations, all limited
to produce raised on the premises, and buildings for the keeping of
poultry and livestock and garages for the keeping of equipment and
trucks used in farm operations. "Agriculture" shall not include commercial
hog raising when fed upon garbage or similar refuse, nor shall "agriculture"
include commercial poultry farms unless the poultry house walls and
brooder house walls are at least 500 feet from any lot line. A "commercial
poultry farm" shall be deemed to be any farm on which there are more
than 100 fowl. "Agriculture" may include the raising and breeding
of and experimentation with animals for medical and scientific purposes,
including on-site disposal through incineration, provided no structure
is closer than 500 feet to any lot line and the operation is conducted
in accordance with all applicable federal, state and local laws governing
such things as licensed or registered personnel and housing, care
and treatment of animals.
ALLEY
Any public or private way less than 33 feet in width.
ALTERATIONS
Any change in supporting members of a building or structure;
any addition to or diminution of a building or structure, or change
in use from that of one district classification to another; any conversion
of a building or part thereof, or removal of a building or structure
from one location to another.
AMUSEMENT ARCADE
A commercial recreational use whose principal activity is
the operation by the public of mechanical or electronic amusement
devices within an enclosed structure. Establishments containing five
or more mechanical or electronic amusement devices shall be considered
amusement arcades for the purpose of enforcing this chapter.
[Added 7-15-1993 by Ord. No. 8-93]
APARTMENT
A room or suite of connected rooms for occupancy as a single
dwelling unit by one family in a building having three or more of
such dwelling units.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Article
II of this chapter.
APPROVING AUTHORITY
The Planning Board, unless a different agency is designated
in the text of this chapter, when acting pursuant to the authority
of the Municipal Land Use Law, as amended.
AUCTION MARKET
Premises on which are held at periodic times auction sales
of merchandise or any other personal property.
AUTOMOBILE OR TRAILER SALES AREA
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
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 occupant
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein.
BOARDINGHOUSE
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a boardinghouse.
BUFFER STRIP
A continuous strip of trees and/or shrubs not less than six
feet in height densely planted so as to restrict a clear view beyond
said strip and as further defined by the Planning Board.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy having a roof.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
[Amended 5-5-2005 by Ord. No. 2005-17]
BUILDING COVERAGE
The percentage of the area of the lot covered or occupied
by the total horizontal projected surface area of all buildings on
the lot and including accessory buildings and structures (including
covered porches and gazebos, but excluding open and uncovered patios,
decks and other impervious surfaces).
[Amended 5-5-2005 by Ord. No. 2005-17]
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line of mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical surface of the building on any
side. In case of a cantilevered section of a building, the vertical
plane will coincide with the most projected surface.
BUILDING PERMIT
A permit issued for the alteration or erection of a building
or structure in accordance with the provisions of the uniform construction
codes of the Township of Marlboro.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS OFFICE
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
However, business establishments offering personal services, such
as barbershops and beauty shops, and repair services, such as radio
and television repair shops, do not constitute business offices.
CAMPER
(1)
A self-propelled vehicular structure designed
for temporary living for travel, recreation, vacation or other short-term
use, which may contain cooking, sleeping and sanitary facilities.
(2)
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another.
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs.
CELLAR
A story wholly or partly underground and having more than
1/2 its clear height below the average level of the adjoining ground.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector upon completion
of construction, alteration or change in occupancy of a building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment and Planning Board and/or all other applicable requirements.
CHURCH and/or PLACE OF WORSHIP
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the words "church" and "place of worship" shall include
chapels, congregations, cathedrals, synagogues, temples and similar
designations as well as parish houses, convents and such accessory
uses.
CIRCULATION
Systems, structures and physical improvements, the movement
of people, goods, fuel, 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 transshipment
points.
CLINIC
A place where patients are studied or treated on an outpatient
basis by physicians or other qualified professional people specializing
in various ailments and practicing as a group and where no overnight
accommodations are provided.
CLUSTER DEVELOPMENT
A development technique based on overall dwelling unit density
and allowing the lot sizes to be reduced without increasing the number
of lots within the development in order to generate open space and/or
common open space.
COMMERCIAL EDUCATIONAL FACILITY
A commercial recreational use whose principal activity is
to educate and teach children and/or adults with respect to certain
recreational, athletic and/or artistic activities, including, without
limitation, a martial arts school, dance school, art school and yoga/pilates
studio.
[Added 2-15-2007 by Ord. No. 2007-5]
COMMERCIAL SHOPPING CENTER
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants and auditoriums housed in
an enclosed building or buildings and utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities and sanitary facilities.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, designed and intended for the use and enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMON PROPERTY
Land or water, or a combination of land and water, together
with improvements within or related to a site designated as a development,
designed and intended for the use and enjoyment of residents and owners
of the development. "Common property" includes common open space and
may contain such complementary structures and improvements as are
necessary and appropriate for the use or enjoyment of residents and
owners of the development.
COMMUNICATIONS FACILITY
Any cabinet, vault, manhole or other structure, device or
facility which is either above or below ground, or both, which contains
telecommunications, fiber optic, electrical, cable television or other
equipment and provides or enhances communications services for an
area within a certain distance therefrom and which is uninhabitable
or unoccupied except for routine maintenance and operational inspections.
[Added 4-24-1997 by Ord. No. 11-97]
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat, provided that the municipal agency may require
such 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. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
Administrative Officer for purposes of the commencement of the time
period for action 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 will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning provisions and upon the issuance of an
authorization therefor by the Planning Board.
CORNER LOT
A lot fronting on two or more streets at their intersection.
COUNTY MASTER PLAN
A composite of the master plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4,
as amended.
COURT
An unoccupied open space of the same lot with a building,
which is bounded on three or more sides by building walls.
CURB LEVEL
The official established grade of the curb in front of the
midpoint of the front lot line.
DENSITY
A number expressing dwelling units per acre. However, the
calculation shall exclude wetlands.
[Amended 2-16-1989 by Ord. No. 3-89]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in the 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,
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this chapter.
DEVELOPMENT COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Planning Board with the approval of the majority
of the Board for the purpose of reviewing subdivision and site plan
applications prior to action by the entire Board to determine whether
such applications comply with all ordinance provisions and to make
recommendations to the Planning Board for classification and action.
In the event that no Development Committee has been created, the functions
delegated to it shall be performed by the Planning Board.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance and/or other municipal regulation of the use
and development of land, or amendment thereto, adopted and filed.
DISTRICT
Any part of the territory of Marlboro Township which is designated
on the accompanying Zoning Map and to which certain uniform regulations and requirements
of this chapter apply.
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or for
prevention or alleviation of flooding.
DRAINAGE AND UTILITY EASEMENT
Grant or grants to the Township sufficient to permit the Township to show the intent and purpose of the easement as provided for in the definition of "drainage and utility right-of-way." See §
220-35D(20).
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitation sewers, water pipes or drainage ditches
and other utilities, or required along a natural stream or watercourse
for the present or future installation and maintenance of stormwater
and sanitation sewers or drainage ditches and for the maintenance
and preserving the channel and providing for the flow of water therein
safeguarding the public against damage, in accordance with N.J.S.A.
58:1-26, as amended.
DWELLING
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
DWELLING, EFFICIENCY APARTMENT
Includes the following separate rooms or combinations thereof:
a combination living room and bedroom with a combination kitchen and
dining room; a combination living room, bedroom and dining room with
a separate kitchen; or a combination living room, bedroom, dining
room and kitchen, provided that the kitchen can be closed off from
the remainder of the room; and bathroom with toilet and bath facilities.
No additional room shall be permitted except hallways and suitable
closet and storage space.
DWELLING, MULTIPLE
A building designed for or occupied by three or more families
living independently of each other.
DWELLING, ONE-BEDROOM APARTMENT
Includes the following separate rooms or a combination thereof:
a kitchen, a dining room, a living room; or a combination kitchen
and dining room with a separate living room, or a separate kitchen
with a combined living room and dining area, provided that in no case
shall a kitchen be combined with a living room; a bathroom with toilet
and bath facilities; and a bedroom. No additional room shall be permitted
except hallways and suitable closet and storage space.
DWELLING, TWO-BEDROOM APARTMENT
Includes the following separate rooms or a combination thereof:
a kitchen, a dining room, a living room; or a combination kitchen
and dining room with a separate living room; or a separate kitchen
with a combined living room and dining area, provided that in no case
shall a kitchen be combined with a living room; a bathroom with toilet
and bath facilities; a master bedroom; a second bedroom. No additional
room shall be permitted except hallways and suitable closet and storage
space.
DWELLING, TWO-FAMILY
A building designed for or occupied by two families living
independently of each other.
DWELLING UNIT
A building or part thereof having cooking, sleeping and sanitary
facilities designed for or occupied by one family.
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is a
sufficient compliance with the compulsory education requirements of
the state. Summer day camps shall not be considered as educational
uses or accessories to such uses.
ELEEMOSYNARY USE
Any nonprofit organization which is primarily supported by
charitable contributions.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
gas, electrical, steam, water or sewage transmission or distribution
systems, including mains, drains, sewers, pipes, conduits and cables,
and of fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
utilities or municipal or other governmental agencies or for the public
health or safety or general welfare.
ESTATE HOME
One detached single-family dwelling developed in a condominium
form of ownership.
[Added 6-15-1995 by Ord. No. 26-95]
EXAMINATION ROOM
Any room wherein special equipment may be installed for use
in the examination and treatment of a patient as distinguished from
a waiting room, counseling room or office of such practitioner.
FAMILY
One or more persons related by blood or marriage and up to
three unrelated individuals living together as a single nonprofit
housekeeping unit in a dwelling.
FARM
A parcel or parcels of land, whether contiguous or noncontiguous,
together with buildings, structures and facilities, which are actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, roads, and enclosures related to agricultural pursuits, and
which:
[Amended 2-16-2006 by Ord. No. 2006-1]
(1)
Consist of no less than five acres and produce
agricultural or horticultural products worth $2,500 or more annually;
or
(2)
Consist of less than five acres and produce
agricultural or horticultural products worth $50,000 or more annually.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials,
erected for the enclosure of yard areas or portions of yard area.
[Amended 3-1-2001 by Ord. No. 2001-2]
FENCE, OPEN
A fence in which 3/4 of the area between grade level and
the top cross member (wire, wood or other material) is open.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FIRST FLOOR AREA
The residential portion of a building, excluding basement
and garages, measured by using the outside dimensions of the residential
portion of the building. For a split-level or trilevel dwelling, the
area shall be considered to be the sum of the areas of the two adjoining
levels, excluding cellars and garages, closest to the mean elevation
of the finished grade as defined under "building height."
FLOOD-FRINGE
That portion of the flood hazard area outside the floodway.
FLOOD HAZARD AREA
The floodway and any additional portions of the floodplain
the improper development and general use of which would constitute
a threat to the safety, health and general welfare. This shall constitute
the total area inundated by the flood hazard design flood.
FLOODPLAIN
The generally flat terrain subject to periodic flooding adjacent
to streams, ponds, lakes or swamps.
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream. This shall constitute
the portions of the floodplain needed for the passage of the floodway
design flood without an appreciable rise in the water surface profile.
FLOOR AREA
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the inside faces of exterior
walls or from the center line of walls common to two dwelling units
or uses.
FLOOR AREA RATIO (FAR)
The gross floor area, in square feet, of a building or group
of buildings on a lot divided by the area, in square feet, of the
lot.
[Amended 5-14-1987 by Ord. No. 16-87]
FOOTCANDLE
A unit for measuring illumination equaling the amount of
light per unit area (lumens per square foot).
GARAGE
A building or structure in which motor driven vehicles are
stored.
GARAGE, PRIVATE
A building or structure attached to or accessory to a main
building or structure, used mainly for the parking of such vehicles
of the occupants or users of the principal use, building or structure
as are customarily used for private, personal transportation in residential
districts or used in the conduct of permitted uses in the business
zones.
GARAGE, PUBLIC
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local school buses, commercial vehicles,
farm equipment and farm vehicles, excluding, however, all nonfarm
equipment and vehicles used for off-the-road purposes and omnibuses
other than local school buses.
GARDEN APARTMENT
One or more multiple dwelling(s) designed and erected as
an integrated development which may utilize such common facilities
as pedestrian walks, parking and garage areas, open space or recreation
areas and utility, sanitary and drainage systems.
GOLF COURSE
An area of 75 or more contiguous acres containing a full-size
professional golf course at least nine holes in length, together with
the necessary uses and structures such as clubhouses, dining and refreshment
facilities, provided the operation of such is incidental and subordinate
to the operation of the golf course.
GRADING AND CLEARING PERMIT
A permit which must be obtained from the Building Inspector
prior to the alteration of existing grade on a lot or the removal
of any tree having a caliper of more than six inches.
GROSS FLOOR AREA
Shall be measured by using the outside dimensions of the
building, excluding the area of a garage, attic, open porch or patio
and further excluding the area used as a cellar and utility, heating
and cooling rooms. Only those portions of floor areas in residential
structures which have a ceiling height above them of 7 1/2 feet
or more, or those floor areas on the second story which meet the definition
of a "half story," shall be included in the gross floor area. In nonresidential
structures, floor areas used for storage and other commercial purposes,
regardless of the ceiling height, shall be included in the gross floor
area.
GROSS HABITABLE FLOOR AREA
The sum of the gross horizontal areas of the floor or several
floors of a dwelling measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units,
having a clear ceiling height of seven feet or greater, but not including
any cellar, basement, garage space, breezeway, interior patios, enclosed
porches or accessory building space.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated pursuant
to provisions of applicable law.
HOME OCCUPATION
An accessory use conducted solely by persons residing in
the dwelling, provided that the character of the dwelling is not changed,
the occupation is conducted entirely within the dwelling or accessory
building, not more than 30% of the first floor area of the dwelling
is used for the occupational or related use, no sounds are audible
outside the building and no machinery or equipment is used which will
cause electrical or other interference with radio and television reception
in adjacent residences.
HOMEOWNERS' ASSOCIATION
An incorporated nonprofit organization operating in a development
under a recorded land agreement through which each lot owner, condominium
owner, stockholder under a cooperative development or other owner
of property or interests in the project shall be a member; each dwelling
unit is subject to a charge for a proportionate share of the expenses
for the organization activities and maintenance, including any maintenance
costs levied against the association or the municipality; and each
owner and tenant has a right to use the common property.
HOME PROFESSIONAL OFFICE
The office, studio or occupational room of a physician, surgeon,
dentist, lawyer, professional engineer, accountant, psychologist,
chiropractor, architect or artist (but not including any real estate
or insurance office, any mortuary or establishment similar thereto
or any establishment in which goods are offered for sale) when such
use is conducted entirely within the dwelling which is the bona fide
residence of the principal practitioner engaged in the occupation,
such use does not occupy more than 30% of the gross habitable floor
area of the dwelling and there is no display of goods or advertising
other than an identification sign conforming to the provisions of
this chapter.
HORSE TRACK
A circular, elliptical, rectangular, oblong or similarly
shaped endless accessory structure, usually constructed of earth,
used for the exercise and/or training of a horse on a farm.
HOSPITAL
A building or group of buildings providing health services
under the supervision of licensed physicians, primarily for human
inpatients, medical and surgical care for the sick or injured, and
including related facilities, central service facilities and staff
offices which are an integral part of the facilities.
HOTEL
A building which contains eight or more units used, rented
out or hired out to be occupied for sleeping purposes by guests. Such
units shall contain living, sleeping and sanitary facilities only
and shall not contain cooking facilities.
IMPERVIOUS LOT COVERAGE
That portion of one lot or more than one lot which is improved
or is proposed to be improved with principal and accessory buildings
and structures, including driveways, parking lots, pedestrian walkways,
signs and other man-made improvements which are more impervious than
the natural surface.
[Added 5-14-1987 by Ord. No. 16-87;
amended 5-5-2005 by Ord. No. 2005-17]
IMPERVIOUS SURFACES
A hard area that prevents or substantially impedes the natural
infiltration of water into the underlying soil resulting in an increased
volume and velocity of surface water runoff. These improvements include
but are not limited to principal and accessory buildings and structures,
including driveways, parking lots, pedestrian walkways, signs and
other man-made improvements. Accessory structures, such as the water
area of pools, and decks constructed 18 or more inches above the ground
that are gapped to permit infiltration are not considered impervious
items. Fifty percent of any area covered by pavers installed without
mortar shall be considered impervious.
[Added 5-5-2005 by Ord. No. 2005-17]
INDUSTRIAL FLEX USE
The use of any premises, structure, building or part of a
building or place as an industrial use, which is intended to provide
flexibility in the use of its space, and may include multiple tenants
in a single building, or may incorporate office space, commercial
space, or may have multiple users accessing the same space at different
time periods.
[Added 12-12-2019 by Ord.
No. 2019-14]
INDUSTRIAL USE
The use of any premises, structure, building or part of a
building or place for the maintenance, alteration, cleansing, repairing,
ornamenting, finishing, adaptation for sale, breaking up, or demolishing
or transformation of goods and materials; for the storage, loading,
unloading or handling of goods and cargoes; or for the training, research,
design and development, quality control and packaging in relation
to the above processes.
[Added 5-9-2002 by Ord. No. 2002-13]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; 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 municipality, 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 upon
by an action or failure to act under this chapter.
JUNKYARD
Any area of land, with or without building, regardless of
size, 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, including by way
of illustration but not of limitation: vehicles, tires, vehicle parts,
paper, rags, metal, glass or plastic, old household appliances, wood,
lumber, brush, chemicals or other environmentally hazardous substance.
LAND
Includes improvements and fixtures on, above or below the
surface.
LOADING SPACE
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading materials, measuring at least 12 feet by
45 feet with 15 feet of vertical clearance.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The acreage and/or square footage of a lot contained within
the lot lines of the property. Any portion of a lot included in a
street right-of-way shall not be included in calculating lot area.
Portions of lots encumbered by easements shall be included in calculating
lot area. Wetlands shall be excluded in calculating lot area. However,
lots containing a total lot area of 60,000 square feet or greater
may contain up to 20,000 square feet of wetlands as part of the lot
area.
[Amended 2-16-1989 by Ord. No. 3-89]
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets.
LOT COVERAGE
That portion or percentage of the lot area which is covered
by buildings; paved and unpaved walkways, roads, driveways and parking
areas; pavement; or other impervious surfaces. In short, lot coverage
refers to all impervious surfaces on site.
[Amended 5-5-2005 by Ord. No. 2005-17]
LOT DEPTH
The average horizontal distance between the front and rear
lot lines, measured at right angles to the street.
LOT FRONTAGE
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, said lot lines shall be assumed to parallel the center
line of the street at a distance of 50% of the statutory street right-of-way
width therefrom. In the case of corner lots or through lots, the smaller
of the two lot lines shall be coexistent with street lines and shall
be considered as the lot frontage.
LOT LINE
Any line designating the extent or boundary of a lot, which
shall further be defined as follows:
(1)
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
(2)
REAR LOT LINEThe lot line most distant from and generally opposite and parallel to the front lot line.
LOT SIZE AVERAGING
A method whereby one or more lots in a subdivision may be
undersized, provided that other lots in the same subdivision are oversized
by an equal or greater area such that the overall gross density of
the subdivision still complies with the specific zoning district requirements.
Lot size averaging is similar to clustering except that there is no
common open space.
[Added 3-23-1995 by Ord. No. 11-95]
LOT WIDTH
The horizontal distance between the side lot lines, measured
along the required building setback line perpendicular to the lot
depth.
LUMEN
A unit of light quality.
MAINTENANCE GUARANTY OR BOND
A security which may be accepted by a municipality 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 N.J.S.A. 40:55D-53.5 and cash.
[Amended 9-10-1992 by Ord. No. 21-92]
MANUFACTURING
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
MAYOR
The Mayor of the Township of Marlboro.
MINOR SUBDIVISION
Any subdivision resulting in not more than two lots, including
the remaining portion of the tract, all fronting on an existing street
or streets, not involving any new street or other extension of municipal
facilities or public improvements, or the installation of any street
or other municipal facility or public improvements, and not adversely
affecting the development of the remainder of the parcel or adjoining
property and not a further subdivision of an original tract of land
for which previous minor subdivision(s) constitute a major subdivision.
Further, a "minor subdivision" shall not involve a planned development
or the extension of any off-tract improvement, the cost of which is
to be prorated pursuant to this chapter.
[Amended 2-22-1996 by Ord. No. 5-96]
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy, usually containing sleeping accommodations,
a flush toilet, a tub or shower bath and kitchen facilities with plumbing
and electrical connection provided for attachment to outside systems,
and designed to be transported after fabrication on its own wheels
or on a flatbed or other trailer, arriving at the site where it is
to be occupied as a dwelling complete, usually including major appliances
and furniture, and ready for occupancy except for minor and incidental
unpacking and assembly operations. For purposes of this chapter, travel
trailers are not considered as mobile homes.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes for
dwelling or sleeping purposes are located.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories, and which may include facilities for lubricating,
washing or otherwise servicing motor vehicles.
MUNICIPAL AGENCY
A municipal planning board or board of adjustment or a governing
body of a municipality when acting pursuant to this chapter, and any
agency which is created by or responsible to one or more municipalities
when such agency is acting pursuant to this chapter.
NEIGHBORING BUILDINGS
Buildings located within five lots or 1,000 feet of the building
in question, whichever is less, as measured along any street line
in all directions and including those buildings directly across the
street from those incorporated in this defined distance.
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 which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance 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.
NOTICE SIGN
A sign which is freestanding erected on property which is
the subject of an application for development.
[Added 5-13-2004 by Ord. No. 2004-4]
NURSERY
A place where trees, shrubs, vines and ornamental plants
are propagated and grown for gain.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to six years of age inclusive and
operated on a regular basis.
NURSING HOME
Any building wherein the owner or the proprietor is licensed
by the State of New Jersey to furnish lodging or nursing care for
care of convalescents or provide facilities for rehabilitation of
the aged, infirm, ill or handicapped and shall include those establishments
generally known as recognized convalescent homes or rehabilitation
homes.
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5 as amended.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law, as amended.
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 on a contiguous portion of a street
or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OWNER
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity having legal title to
the land.
PARKING AREA, PUBLIC
A paved open area, other than a street or other public way,
used for the parking of automobiles and available to the public, whether
for a fee, free or as an accommodation for clients or customers.
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 single-family dwellings 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 intended shall be
sufficient area 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 development, the
owners of the subject property and all owners of property and government
agencies entitled to notice.
PATIO
An area of land not used for receiving and storing material
where the ground has been surfaced with construction material such
as brick, stone, cement or lumber which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 9-10-1992 by Ord. No. 21-92]
PERMITTED USE
Any use of land, buildings or structures as permitted by
this chapter.
PERSONAL SERVICES
Personal services shall be limited to the following: barbers,
beauticians, hairdressers, shoe repair persons, tailors, dry cleaners,
laundromats, mailing services, printing services, photo studios, travel
agencies and offices of physicians, dentists and other licensed professionals
in medical related fields.
[Added 5-9-2002 by Ord. No. 2002-13]
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas, in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the zoning regulations.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
PLANNING BOARD
The Municipal Planning Board established pursuant to Section
14 of the Municipal Land Use Law, as amended.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The plat of all or a portion of the subdivision prepared
and submitted to the approving authority for final approval.
PLAT, PRELIMINARY
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval in accordance
with the Subdivision Regulations of Marlboro Township.
PLAT, SKETCH
The plat prepared and submitted to the approving authority
for purposes of classification and discussion.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Municipal Land Use Law, as amended, prior to final
approval, after specific elements of a development plan have been
agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs
and the exterior materials, finish and appearance.
PRINCIPAL USE
The main purpose for which a lot, structure or building or
portion thereof is used.
PRIVATE SCHOOL
An institution of elementary, secondary or higher education
whose general course work is comparable to the public school system
and whose curriculum is approved by the New Jersey Department of Education
or the New Jersey Department of Higher Education.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, maintained
for the conduct of his profession. Such professions shall be limited
to those of medicine, law, architecture, engineering, art, religion,
music and other professions which require a similar degree of training
and experience.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the 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 a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
PUBLIC SCHOOL
An institution of elementary, secondary or higher education
administered by a public school board, public board of trustees or
similar public policy board permitted by the statutes of the State
of New Jersey and whose curriculum is approved by the New Jersey Department
of Education or the New Jersey Department of Higher Education.
QUASI-PUBLIC
A use owned or operated by a nonprofit, religious or eleemosynary
institution and providing educational, cultural, recreational, religious
or similar types of public programs.
[Added 5-27-1999 by Ord. No. 1999-16]
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECREATION COURT, PRIVATE RESIDENTIAL
An area of over 1,000 square feet and appurtenances thereto
primarily used for recreational purposes, such as but not limited
to tennis and basketball courts, which utilize specially constructed
surfaces of any composition, including but not limited to clay, earth
or wood, whether or not grading or moving of earth is required, which
is designated and maintained for recreational 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 associated structures,
posts, fences, equipment and appurtenances thereto. This includes
living grass courts if permanently installed associated structures,
posts, fences, equipment or other appurtenances thereto are involved.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan, containing residential housing units which have an open space
or common property area as an appurtenance.
RESIDENTIAL DENSITY, GROSS
The total number of dwelling units which may be or are developed
on an area of land before requirements for public access and required
open space are provided.
RESIDENTIAL DENSITY, NET
The resulting number of dwelling units which may be or are
developed on a site or lot after public access and required open spaces
are provided.
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises but normally to patrons seated within
an enclosed building. However, a snack bar at a public or a community
playground, playfield, park or swimming pool operated solely by the
agency or group operating the recreational facilities and for the
convenience of patrons of the facility shall not be deemed to be a
restaurant.
RESTAURANT, DRIVE-IN
An establishment where patrons are served food, soft drinks,
ice cream and similar confections for consumption on the premises
but outside the confines of the principal building or in automobiles
parked upon the premises, regardless of whether or not, in addition
thereto, seats or other accommodations are provided for the patrons.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAINING WALL
A structure more than 18 inches high erected between lands
of different elevation to prevent the washing down or erosion of earth
from the upper slope level.
ROOM
As applied to garden apartment projects as may be permitted
by this chapter, includes living rooms, dining rooms, kitchens and
bedrooms. Kitchenettes which do not include space for eating and dining
areas in which one full wall is open into a living room area shall
be counted as 1/2 room. Baths shall not count as rooms.
SATELLITE ANTENNA
A parabolic or dish-shaped antenna or other apparatus or
device which exceeds four feet in diameter or cross section at its
widest point and which is designed for the purpose of receiving television,
radio, microwave or any form of electronic signals transmitted or
relayed directly from space satellite antennas to said device.
[Added 3-20-1986 by Ord. No. 3-86; amended 6-13-1986 by Ord. No.
21-86]
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.
SENIOR CITIZENS' DWELLING
Dwelling units restricted to occupancy by an individual over
the age of 55 years or by a couple at least one of whom shall be over
the age of 55 years at the time of taking title to the particular
property.
[Amended 1-24-1991 by Ord. No. 64-90]
SERVICE STATION
Lands, buildings, devices and/or machinery providing for
the sale of fuel, lubricants and automotive accessories and/or providing
maintenance and minor repairs for motor vehicles customarily used
for private transportation, local public school buses, commercial
vehicles and farm equipment; excluding, however, all nonfarm equipment
and vehicles used for off-the-road purposes, buses other than local
public school buses, body repairs or painting or the storage of inoperable
or wrecked vehicles.
SETBACK
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
SETBACK LINE
A line drawn parallel to 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 or lot line.
SHED
A utility structure of 100 square feet in area or less, with
a roof, and being enclosed by four walls and a roof, or having one
or more open sides.
[Added 3-1-2001 by Ord. No. 2001-2]
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on site. Shopping centers could include supermarkets, retail stores,
restaurants, banks, financial, business and professional offices and/or
other such commercial uses permitted in that zone.
[Added 9-27-1990 by Ord. No. 43-90]
SIGN
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any letterwork, model, banner, flag, pennant, insignia,
device or representation used as or which is in the nature of an announcement,
direction or advertisement. A sign includes any billboard but does
not include the flag, pennant or insignia of any nation or group of
nations or of any state, city or other political unit or of any educational,
charitable, philanthropic, civic, religious or like campaign, drive
or event.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises.
SIGN AREA
The area enclosed by the outermost frame or edge of a sign.
Where there is no geometric frame or edge of a sign, the area shall
be defined by a projecting enclosed, four-sided (straight sides) geometric
shape which most closely outlines the said sign.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" or "for rent" sign relating
to the property on which it is displayed shall be deemed a business
sign.
SIGN, IDENTIFICATION
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
SILTATION BASIN
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil from a designated area.
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
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; and any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
SITE PLAN, MINOR
A site plan for a development of a private residential recreation
court that does not require any extension of municipal facilities
and farm ponds and similar structures. If, in the judgment of the
Planning Board, the proposal does not noticeably affect items considered
in site plan approval.
SITE PLAN REVIEW
The examination of the specific development plans for a lot,
including all pertinent data required for a site plan review by this
chapter. Whenever 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 Planning Board.
SIGHT TRIANGLE
A triangular area abutting two intersecting streets where
vision is unobstructed, which area is formed by the intersecting street
lines and a line connecting a point on each street line at a set distance
from the intersection.
SIGHT TRIANGLE EASEMENT
A grant or grants to the Township of Marlboro sufficient to permit the Township to fulfill the intent and purpose of the easement as provided for in §
220-179, Sight triangles, and in §
220-184, Streets.
SPORTS COURT
Any hardscape recreational area of dimensions exceeding 20
feet by 30 feet, constructed with a specialized surface in a residential
yard in order to provide a multiuse activity area for family games
and sports.
[Added 5-9-2002 by Ord. No. 2002-13]
STANDARDS OF ENVIRONMENTAL PERFORMANCE
Standards adopted by ordinance regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and flammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions or such other similar matters as may be reasonably required
by the municipality, or standards required by applicable federal or
state laws or municipal ordinances.
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
shall be no floor above it, then the space between the floor and the
ceiling next above it.
STORY, HALF
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A basement
shall also be included as a half story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided 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 lands 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 to conform to the Marlboro
Township Master Plan as follows:
(1)
FREEWAYA street to provide entirely for the uninterrupted movement of motor vehicles, with no access to abutting properties. It is designed for high-speed regional traffic movement.
(2)
PRIMARY ARTERIALA street to carry traffic to and from the freeway system and is the major traffic generator within the area.
(3)
SECONDARY ARTERIALA street to serve as a connector between the collector system and the primary arterial system.
(4)
MAJOR COLLECTORA street which forms the boundary of major blocks of land and is intended primarily for short-trip interneighborhood traffic and as feeder roads into commercial and similar areas.
(5)
MINOR COLLECTORA street intended primarily for access into major blocks of land and not for through traffic.
(6)
LOCALA street intended primarily for access to individual properties and not for through traffic.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown in the adopted Master
Plan or Official Map, forming the dividing line between the street
and lot.
STREET RIGHT-OF-WAY EASEMENT
Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purpose of the easement as provided in §
220-184, Streets.
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.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity commencing proceedings
under the chapter to effect a subdivision of land hereunder for the
owner of record or for another with the consent of the owner of record.
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
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosures;
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 Maps or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
SWIMMING POOL, COMMERCIAL
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests upon payment
of an hourly, daily, weekly, monthly, annual or other fee or operated
as a service rendered by a hotel, motel or apartment development whose
units are rented to transient or permanent residents.
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the pool requirements
of this chapter and are those pools which are not otherwise permanently
installed; do not require water filtration, circulation and purification;
do not exceed 18 inches in depth; do not exceed a water surface of
100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Artificially constructed pool, whether located above or below
the ground, having a depth of more than 18 inches and/or a water surface
of more than 75 square feet, 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 unit, and
shall include all buildings, structures, equipment and appurtenances
thereto.
SWIMMING POOL, WADING
Nonportable, artificially constructed pools not designed
or used for swimming and having a maximum water depth of 18 inches.
TOWNHOUSE
One single-family dwelling in a line of three or more connected
single-family dwellings. Each single-family dwelling may have one
or two stories, but nothing in this definition shall be construed
to allow one dwelling unit over the other.
TOWNHOUSE DEVELOPMENT
Dwellings developed as a single entity in which individual
lots have a common or public open space as an appurtenance.
TOWNHOUSE DWELLING
One single-family dwelling in a line of three or more connected
single-family dwellings. Each single-family dwelling may have one
or two stories, but nothing in this definition shall be construed
to allow one dwelling unit over another.
TRACT
An area of land comprised of one or more lots having sufficient
dimensions and area to meet the requirements of this chapter for the
use(s) intended. The land area of the existing streets shall not be
included in calculating the area of the tract.
TRAILER CAMP
Land used or intended to be used by two or more trailers,
mobile homes or other movable dwellings, whether or not such units
are parked or supported by foundations.
TRAILER, CAMPER
A portable vehicular structure built on a chassis designed
for camping, the body of which is basically rectangular with a flat
top not more than four feet above the surface of the ground. The camper
is designed to have a temporary tent erected above the four-foot level
for camping activities.
TRAILER-MOBILE HOME
A dwelling unit manufactured in one or more sections designed
for long-term occupancy, usually containing sleeping accommodations,
a flush toilet, a tub or shower bath and kitchen facilities with plumbing
and electrical connection provided for attachment to an outside system,
and designed to be transported after fabrication on its own wheels
or on a flatbed or other trailer, arriving at the site where it is
to be occupied as a dwelling complete, usually including major appliances
and furniture, and ready for occupancy except for minor and incidental
unpacking and assembly operations.
TRAILER-MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes for
dwelling or sleeping purposes are located.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TRAVEL TRAILER
A portable vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses and having an outside body width not exceeding eight
feet and length not exceeding 30 feet and which may contain cooking,
sleeping and sanitary facilities.
TRUCK TERMINAL
A business at which trucks are parked and/or utilized to
transport goods or materials not produced or received for sale at
the premises of that business.
USE
The specific purpose for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
VARIANCE
A departure from the terms of this chapter authorized by
the Board of Adjustment or the Planning Board.
WETLANDS
Those soils so designated by field inspection and certified
in accordance with the rules and regulations of the New Jersey Department
of Environmental Protection.
[Added 12-8-1988 by Ord. No. 59-88]
YARD, FRONT
An open, unoccupied space extending across the full width
of the lot and lying between any street line and the closest point
of any building or structure 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 point of tangency of curved street lines. The minimum
required front yard shall be the same as the required front setback.
Lots abutting more than one street shall be considered to have a front
yard for each street.
[Amended 6-24-1993 by Ord. No. 30-93]
YARD, REAR
The area extending across the full width of the lot line
between the principal building on the lot and rear lot line. The depth
of the rear yard shall be measured perpendicular to the principal
building extending from the principal building to the closest point
of the rear lot line. The minimum depth of the required rear yard
shall be the same as the required rear yard setback.
[Amended 9-25-1997 by Ord. No. 21-97]
YARD, SIDE
The area 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
lot line or the point of tangency of curved side lot lines.