Township of Marlboro, NJ Article I Definitions, Purpose and Interpretation

§ 220-1 General intent.

It is the intent and purpose of this chapter:

A. To encourage municipal action in guiding the appropriate use or development of all lands in this Township in a manner which will promote the public health, safety, morals and general welfare.

B. To secure safety from fire, flood, panic and other natural and man-made disasters.

C. To provide adequate light, air and open space.

D. To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.

E. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment.

F. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

G. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of all New Jersey citizens.

H. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

I. To promote a desirable visual environment through creative development techniques and good civic design and arrangements.

J. To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.

K. To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.

L. To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district.

M. To encourage coordination of the various public and private procedures and activities shaping land development, with a view of lessening the cost of such development and to the more efficient use of land, all as authorized by the provisions of Chapter 291, Laws of New Jersey, 1975, known and designated as N.J.S.A. 40:55D-1 et seq., and to promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

§ 220-2 Purpose.

The regulations of this chapter are deemed necessary to further the advancement of the Township as a social, economic and political unit, to promote the general welfare and achieve the following purposes:

A. Promote orderly development. To protect the character and maintain the stability of residential, business and manufacturing areas, to secure and protect open space and recreation areas within the Township and to promote the orderly and beneficial development of the Township.

B. Limit congestion on streets. To limit congestion in the public streets and to protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.

C. Protect against hazards. To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare.

D. Regulate intensity of use. To regulate the intensity of use of zoning lots and to determine the area of open spaces surrounding buildings, which spaces shall be necessary to provide adequate light and air, privacy, convenience and access to property and to protect the public health.

E. Regulate location of buildings. To establish building lines and the location of buildings designed for residential, commercial, manufacturing or other uses within such lines.

F. Establish standards of development and encourage good aesthetics. To fix reasonable standards to which buildings or structures shall conform and to encourage the highest standards of aesthetics within the Township.

G. Prohibit incompatible uses. To prohibit uses, buildings or structures which are incompatible with the character or development of the permitted uses within specified zoning districts.

H. Regulate alterations of existing buildings. To prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.

I. Conserve taxable value of land. To conserve the taxable value of land and buildings throughout the Township.

§ 220-3 Interpretation of standards.

A. The provisions of this chapter shall be held to be the minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where the provisions of federal, state, county or municipal law, rules, regulations, resolutions or ordinances impose greater restrictions or higher standards, their provisions shall control.

B. The provisions of this chapter shall be construed most favorably to the Township of Marlboro, its purpose being to secure to the Township the fullest and most complete powers possible in the furtherance of the purposes of this chapter.

C. The provisions of this chapter are adopted pursuant to state statute. However, whenever the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, is in conflict with the provisions of this chapter, then the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, shall supersede this chapter unless by virtue of the provisions of Chapter 291 the municipality is granted authority to supersede Chapter 291.

§ 220-4 Definitions and word usage.

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

A. Word usage. Words used in the present tense include the future. The singular number includes the plural, and the plural, the singular. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "use" includes the words "arranged" and "designed" and the phrase "intended to be used"; the word "shall" is mandatory and not directory; and the word "abut" shall include the words "directly across from," "adjacent" and "next to."

B. 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]

ACCESSORY USE

A use incidental to the principal use on the lot.

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.

AUTOMOBILE SERVICE STATION

Same as "motor vehicle service station."

AUTOMOBILE WRECKING

See "junkyard."

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.

BOARD OF ADJUSTMENT

The Board established pursuant to § 220-8 of this chapter.

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.[1]

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.[2]

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.

CAMPER TRAILER

See "trailer, camper."

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

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.[3]

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.

CONSERVATION, DRAINAGE AND UTILITY RIGHT-OF-WAY EASEMENT

Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purposes of this easement as provided for in the definition of "drainage and utility right-of-way."

CONVENTIONAL DEVELOPMENT

Development other than planned development.[4]

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.

COUNTY PLANNING BOARD

The Planning Board of the county in which the land or development is located.

COURT

An unoccupied open space of the same lot with a building, which is bounded on three or more sides by building walls.

COVERAGE

Same as "lot coverage."

CURB LEVEL

The official established grade of the curb in front of the midpoint of the front lot line.

DAYS

Calendar days.

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.

DEVELOPMENT REGULATIONS ORDINANCE

Includes but is not limited to zoning, subdivision and site plan regulations.[5]

DISTRICT

Any part of the territory of Marlboro Township which is designated on the accompanying Zoning Map[6] 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.[7]

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, SINGLE-FAMILY

A building designed for or occupied exclusively by one family.

DWELLING, SINGLE-FAMILY ATTACHED

A building occupied or intended to be occupied for residential purposes by one family.

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.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, c. 245.[8]

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.

GAS STATION

Same as "motor vehicle service station."

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.

GOVERNING BODY

The legislative body of the Township of Marlboro.

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.

HABITABLE FLOOR AREA

Same as "gross habitable floor area."

HIGHLY FLAMMABLE LIQUIDS OR GASES

Liquids or gases having a flash point of 100° F. (37° C.) or less or autoignition temperatures of 1,040° F. (560° C.) or less.

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.

INTERIOR OR INSIDE LOT

A lot bounded by a street on one side only.

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 LINE A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

(2) REAR LOT LINE The lot line most distant from and generally opposite and parallel to the front lot line.

(3) SIDE LOT LINE Any lot line other than a front or rear 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]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

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.

MOTEL, MOTOR COURT, MOTOR HOTEL

A hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.

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.[9]

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, PRIVATE

An open area, other than a street, for the same use as a private garage.

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.[10]

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.[11]

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.

RESIDENTIAL PROFESSIONAL OFFICE

Same as "home professional office."

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[12]]

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, MAJOR

All site plans not defined as minor are major.

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) FREEWAY A 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 ARTERIAL A street to carry traffic to and from the freeway system and is the major traffic generator within the area.

(3) SECONDARY ARTERIAL A street to serve as a connector between the collector system and the primary arterial system.

(4) MAJOR COLLECTOR A 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 COLLECTOR A street intended primarily for access into major blocks of land and not for through traffic.

(6) LOCAL A 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, PUBLIC

Same as "swimming pool, commercial."

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.

ZONING BOARD OF ADJUSTMENT

The officially established Zoning Board of Adjustment of the Township of Marlboro.[13]

[1] Editor's Note: See Ch. 125, Construction Codes, Uniform.

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

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

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

[5] Editor's Note: As to zoning regulations, see Articles III through VI of this chapter; as to subdivision and site plans, see Articles VII and VIII of this chapter.

[6] Editor's Note: The Zoning Map is on file in the office of Township Clerk.

[7] Editor's Note: The definition of "dwelling, garden apartment," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[8] Editor's Note: N.J.S.A. 40:56A-5 as amended.

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

[10] Editor's Note: See Articles III through VI of this chapter.

[11] Editor's Note: For the Subdivision Regulations, see Arts. VII and VIII.

[12] Editor's Note: The definition of "secondary use," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[13] Editor's Note: See § 220-8 of this chapter.