In the construction of this chapter, the present tense shall
include the future, the singular number shall include the plural,
and the plural the singular. The word "shall" is always mandatory.
The word "may" is permissive. The words "zone" and "district" are
synonymous. The word "used" shall include the words "arranged," "designed,"
or "intended to be used." Any word or term not interpreted or defined
by this chapter is to be given its standard or common meaning. Whenever
a term is used in this chapter which is defined in N.J.S.A. 40:55D-1
et seq., such term shall have the meaning in the state statute.
For purposes of this chapter, the following phrases and words
shall have the meanings indicated:
A use or structure subordinate to the principal use or structure
on the same lot and serving a purpose customarily incidental to the
principal use or the principal structure. Where an accessory building
is attached to a principal building by a roof, wall, or the like,
such accessory building shall be considered part of the principal
building.
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for both the
Board of Adjustment and the Planning Board shall be the Zoning Officer.
[Amended 9-4-2001 by Ord. No. 01-19]
A nonresidential facility providing care for the elderly
and/or functionally impaired adults in a protective environment. Operators
shall be licensed as required by the state of New Jersey as applicable
to operate and offer services such as providing meals, social services,
recreational outings and trips, physical therapy, general supervision
and support. The participants at such a facility are not related to
the members of the facilities governing authority by marriage, blood,
or adoption. Adult day health services facilities may not provide
services to participants for longer than 12 hours in a calendar day.
[Added 9-18-2012 by Ord. No. 12-18]
Development, designs, situations or existing features on
a developer's property, or nearby property, creating, imposing, aggravating
or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions, such as: a layout inconsistent with the zoning regulations;
insufficient street width; unsuitable street grade; unsuitable street
location; inconvenient street system; inadequate utilities, such as
water, drainage, shade trees and sewerage; unsuitable size, shape
and location of any area reserved for public use or land for open
space in a planned development; infringement upon land designated
as subject to flooding; and the creation of conditions leading to
soil erosion by wind or water from excavation or grading; all as set
forth in N.J.S.A. 40:55D-38 and measured against the design and performance
standards of this chapter.
Any changes in the supporting members of a building, such
as bearing walls, columns, beams or girders, or in the dimensions
or configuration of the roof or exterior walls.
Any video game or similar machine operated by coin, disc,
token, key or similar device.
A dwelling unit in a building having three or more dwelling
units.
A person submitting an application for development or for
any other form of approval or certificate pursuant to this chapter.
Acceptance of a plat by the approving authority and meeting
the preliminary or final plat requirements as applicable.
The Planning Board or Board of Adjustment of the Borough
of Westwood, unless a different agency is designated in this chapter
pursuant to the Municipal Land Use Law.[1]
Residences for the elderly that provide units which may include
semi-independent living quarters and the supervision of self-administered
medication, as well as shared facilities for meals, recreational activities,
personal care and transportation.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and automobile accessories are
supplied and dispensed directly to the motor vehicle trade and where
mechanical repair, but not body repair, may be rendered as an accessory
activity, provided that all mechanical repair takes place within the
confines of a building.
A premises used primarily for the sale or dispensing of alcoholic
beverages by the drink for on-site consumption and where food may
be available for consumption on the premises as accessory to the principal
use.
[Amended 12-17-2002 by Ord. No. 02-19]
That portion of a building which is partly or completely
below grade.
An off-site lettered or pictorial advertising sign.
An area either in its natural state or planted with evergreen
or other suitable vegetation, fences, walls, or beams, or any combination
thereof, used to physically separate or screen one use or property
from another so as to visually shield or block noise, lights or other
nuisances. Such areas may not contain buildings, parking areas or
aisles, or storage areas, except that driveways providing access from
the street to the site may extend through a front yard buffer. Signs
approved by the approving authority may also be included.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by any person, animal
or thing.
The percentage of a lot covered by buildings, including accessory
structures such as porches, decks and building appurtenances, not
including at-grade surfaces.
The vertical distance from the grade to the top of the highest
roof of a flat roof, or to the midpoint of the highest sloped roof.
The height of a building shall be measured at the lowest point of
grade at each wall of the building. For purposes of measuring building
height on any lot that has been regraded to add fill to the predisturbed
grade at the building wall, the height of the building shall be measured
from predisturbed grade. The building height measurement for sites
that have been lowered in grade from predisturbed grade at the building
wall shall be measured from the proposed grade. (See bulk table.[2])
[Amended 9-4-2001 by Ord. No. 01-19]
A certificate issued by the Construction Official pursuant
to the Uniform Construction Code[3] for construction, reconstruction, remodeling, alteration
or repair of a building upon approval of the submitted application
and plans.
Offices which exclude medical.
An interior space or a portion of an interior space having
a floor level below the average outside elevation of ground at the
foundation wall of the structure in which it is contained.
A certificate issued by the Construction Official pursuant
to the Uniform Construction Code[4] upon completion of the construction of a new building
or improvements to a building which certifies that all requirements
of this chapter and the Uniform Construction Code have been met.
[Amended 9-4-2001 by Ord. No. 01-19]
An institution offering the provision of supplemental parental
care and supervision for nonrelated children on a regular basis, during
part or all of the day, under license by the New Jersey Department
of Human Services. The term "child-care center," as used herein, includes
the terms "infant-care center," "day nursery," "day-care center,"
"nursery school" or similar.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power.
The determination by the approving authority that a plat
is either a minor or major development.
A planned development technique based on a density of dwelling
unit(s) per acre. The permitted number of dwelling units is then clustered
onto one or more portions of the overall tract on reduced lot sizes
so that individual segments of the tract have higher densities, provided
that other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
Any vehicle used for commercial purposes, whether commercially
or noncommercially registered, such as a truck, van, limousine, car
or bus. Commercial vehicles shall include any vehicle bearing advertisements
or printed commercially related matter thereon.
[Added 7-24-2007 by Ord. No. 07-06; amended 10-2-2007 by Ord. No.
07-19]
A truck, bus, van, trailer, camper or similar wheeled conveyance,
motorized or not, other than a pleasure or passenger automobile, regardless
of its form of license registration. This definition shall include
any vehicle bearing advertisements or printed commercially related
matter thereon. Any vehicle designed or converted and used for commercial
purposes notwithstanding the type of registration shall be deemed
to be commercial.
A parcel(s) of land, together with the improvements thereon,
the ownership, use and enjoyment of which are shared by owners and
occupants of one or more of the individual building sites in the development.
A nonfederal institution, licensed by the State of New Jersey,
which maintains and operates acute care, long-term care and services
for diagnosis, treatment or care to persons, on an inpatient or outpatient
basis, long-term care basis and emergency room care basis, for patients
suffering from illness, disease, injury, deformity, and other abnormal
physical conditions; and it may include, as an integral part of the
institution, related facilities such as laboratories, research centers,
training facilities, patient education and wellness centers and medical
offices for hospital and affiliated staff. Specifically excluded from
this definition are facilities primarily dedicated to servicing the
developmentally disabled or chemical and alcohol dependency.
[Added 4-22-2008 by Ord. No. 08-10]
Any community residential facility, licensed pursuant to
P.L. 1977, c. 448,[5] providing food, shelter, and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
The submission of an application form and checklist completed
by the applicant, together with all accompanying documents required
by this chapter, for review by the approving authority.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of such
use as contained in the zoning provisions of this chapter and upon
the issuance of an authorization thereof by the Planning Board.
An organization that provides housing, services, and health
care (including long-term care) to persons of retirement age. The
community must provide increasing levels of care that meet the needs
of individual residents, beginning with independent living and providing
a variety of health and nursing care services. It offers a contract
based on an entry fee that guarantees shelter and access to various
health care services, whether these are prefunded or on a fee-for-service
basis.
The Planning Board of the County of Bergen.
Calendar days. In computing any time fixed by this chapter,
the day of the act or event from which the designated period begins
to run is not to be included.
A retail use in a fixed facility for selling of delicacies,
including various types of meats, fish, cheeses and salads, cut or
packaged to order, and may provide an accessory use to sell sandwiches
prepared from these primary items usually sold for off-site consumption.
[Added 6-24-2008 by Ord. No. 08-19]
The permitted number of dwelling units per gross acre of
land developed.
The number of dwellings per unit of land, excluding streets,
easements, water areas, and lands with environmental constraints.
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or use or extension of use of land
for which permission may be required.
Subdivision and/or Site Plan Committee(s) of at least three
members of the approving authority (three members on each Committee
if separate Subdivision and Site Plan Committees are appointed), appointed
by the Chairman for the purpose of reviewing and making recommendations
to the approving authority on a development application. In the event
that no Development Committee(s) has been created, the function delegated
to it shall be performed by the approving authority.
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 prevention
or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage swales or required along a natural watercourse for preserving
the channel and providing for the flow of water therein to safeguard
the public against the hazard of flooding in accordance with N.J.S.A.
58:16A-1 et seq.[6]
A business or establishment engaged in the sale of food,
soft drinks, ice cream and similar confections which are so prepared,
packaged in paper or other types of disposable wrappers or containers,
and served to persons in motor vehicles.
A portion of a developed residential lot which is constructed
of concrete, paving stones or asphalt whereon a motor vehicle is intended
to be driven or parked. A driveway shall lead directly from the street
to the front doors of a garage and shall be no wider than 18 feet.
Lots without garages shall be permitted a driveway with sufficient
dimensions to park the minimum number of vehicles as required by the
Residential Site Improvement Standards[7] based on the number of bedrooms contained in the dwelling,
and which shall be no wider than 18 feet. Motor vehicles shall only
travel over or park on the driveway portion of a lot. Any person seeking
to construct, modify or enlarge a driveway must secure a zoning permit
from the Borough of Westwood prior to beginning any such work.
[Amended 12-17-2002 by Ord. No. 02-19]
Any permanent building or portion thereof designed or used
exclusively as the residence of one or more persons.
DWELLING, ONE-FAMILYA building which is completely surrounded by permanent open space, occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as a "duplex dwelling."
DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING, GARDEN APARTMENTOne or more multiple-family buildings with dwelling units located one above the other, and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that access is
directly from the outside or through a common hall and that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants.
A commercial establishment where food and drinks (not including
alcoholic beverages) are prepared, served and consumed on premises;
excluding, however:
[Amended 12-17-2002 by Ord. No. 02-19]
A fast-food restaurant (as defined in this section);
A snack bar or refreshment stand at a public or community swimming
pool, playground or park, operated in conjunction with and incidental
to such recreational facility for the sole convenience of its patrons;
A restaurant with bar (as defined in this section); and[8]
A bar (as defined in this section).[9]
The ability to do work.
[Added 3-2-2021 by Ord. No. 21-1]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of electrical,
gas, water transmission or distribution systems or collection, communications,
water supply or sewage treatment and collection systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
Any number of persons related by blood, marriage or adoption
or living together as a single housekeeping unit.
A private residence in which child-care services for a fee
are regularly provided to no less than three and no more than five
children for no less than 15 hours per week.
An area of land which is organized as a management unit actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and land under farm buildings and other enclosures
related to agricultural pursuits, which occupies a minimum of five
acres, exclusive of the land upon which the farmhouse is located and
such additional land as may actually be used in connection with the
farmhouse as provided in the Farmland Assessment Act of 1964. (N.J.S.A.
54:4-23.3 et seq.)
An establishment whose principal business is the sale of
rapidly prepared food directly to the customer, such as food cooked
or prepared in bulk, in advance for quick assembly and ready to purchase,
in a ready-to-consume state for consumption within the restaurant
building, in cars on the premises, or off the premises.
[Amended 6-24-2008 by Ord. No. 08-19]
A lot whose area, exclusive of its access drive, meets the
area requirement of the zoning provisions of this chapter, but whose
configuration is one of reduced frontage on an approved street (generally
a width sufficient for use as a driveway or future street), with the
enlarged buildable portion of the lot located at the rear of the lot
at the end of the access drive.
The rivers or other watercourses and adjacent land areas
subject to inundation, as defined by the New Jersey Department of
Environmental Protection and Energy, in the event of the design flood.
These areas include, but are not necessarily limited to, the floodway
and flood-fringe areas as delineated on the Flood Insurance Study
for the Borough of Westwood, with accompanying Flood Insurance Rate
Maps and Flood Boundary Maps prepared by the Federal Emergency Management
Agency.
The flood hazard areas of delineated steams and areas inundated
by the one-hundred-year flood in nondelineated areas.
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream.
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, rest rooms, and all floors below
the first or ground floor, except when used or intended to be used
for human habitation or service to the public.
The gross floor area of all floors of building(s) compared
to the total area of the site.
A detached accessory building or portion of a main building
intended to be used for the storage of a passenger vehicle or vehicles
and not more than one commercial vehicle of a rated capacity not exceeding
one ton. A carport, or any similar structure not completely enclosed,
shall not be considered to be a garage.
[Amended 9-4-2001 by Ord. No. 01-19]
Any building, structure, premises and land in which a business
or service involving the maintenance, servicing or repair of vehicles,
but not body repair of vehicles, is conducted or rendered.
Any fixed retail facility where gourmet/specialty cuisine
is prepared on premises, not by quick production as is defined as
a "fast-food restaurant," and sold in a form ready for consumption
or to be cooked off premises. Should such an eating establishment
exceed the maximum seating limitation defined herein (chair and stool
seating) of said use, then the gourmet/specialty food store is defined
herein as a restaurant.
[Amended 6-24-2008 by Ord. No. 08-19; 5-15-2012 by Ord. No. 12-11]
The Mayor and Council of the Borough of Westwood.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or where the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
[10]The period of didactic and clinical education in a medical
specialty which follows the completion of a recognized undergraduate
medical education and which prepares physicians for the independent
practice of medicine in that specialty, also referred to as "residency
education." The term "graduate medical education" also applies to
the period of didactic and clinical education in a medical subspecialty
which follows the completion of education in a recognized medical
specialty and which prepares physicians for the independent practice
of medicine in that subspecialty.
[Added 4-22-2008 by Ord. No. 08-10]
An establishment that provides facilities for aerobic exercises,
running and jogging, weight training and strength conditioning, game
courts, swimming facilities, exercise equipment, saunas, showers and
lockers for members and guests. Health clubs may include pro shops,
as well as instructional programs for members and guests.
[Added 9-18-2012 by Ord. No. 12-18]
The portion of the lot which is improved with principal and
accessory buildings, structures and uses and including but not limited
to driveways, swimming pools, tennis courts, parking areas, garages,
walkways, patios, loading areas, hard surfaces, and other impervious
materials, including paving stones and loosely graveled areas. Detention
or retention basins shall be excluded from such calculations, provided
that the same are constructed of pervious materials.
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of junk debris, whether or not it
is in connection with the dismantling, processing, salvage, sale or
other use or disposition thereof of any material whatsoever.
An off-street berth on the same lot as the building being
served for the temporary parking of a vehicle while loading and unloading.
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, CORNERA parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135°.
LOT, THROUGHA parcel of land which extends through from one street to another.
A horizontal distance between the front and rear lot lines,
measured perpendicular or radial to the front lot line at the midpoint
of the lot frontage to the furthest distance thereof or taken as the
average of three measurements, one taken at each corner and one taken
at the midpoint, for irregularly shaped parcels.
The horizontal distance between the side lot lines, measured
along the front lot line.
Any line, including the street line, forming a portion of
the exterior boundary of a lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The mean width, measured at right angles to its mean depth,
of the front setback line. The mean depth, for the purposes of the
measurement of lot width, shall be measured from the midpoint of the
front lot line to the midpoint of the rear lot line.
[Amended 5-18-2004 by Ord. No. 04-04]
Any site plan not defined as minor or exempt.
As such term is defined under the definition of "subdivision"
below.
[Amended 1-18-2011 by Ord. No. 11-04]
The mechanical, electrical or chemical transformation of
materials or substances into new product, excluding the assembly of
components which are prepared from previously prepared materials.
A building or portion of a building principally engaged in
providing services for health maintenance, diagnosis and treatment
of human diseases, pain or other physical or mental condition of patients
solely on an outpatient basis. No patients shall be kept overnight
on the premises. Examples of medical offices shall include but not
be limited to general physicians, dentists, chiropractors, ophthalmologists,
psychologists, cardiologists and other various specialties, but shall
not include medical clinics, urgent care centers, outpatient surgical
centers (ambulatory surgery center), retail care clinics or behavioral
health care facilities.
[Added 9-30-2014 by Ord. No. 14-29]
An institution that educates students, typically after they
have received a bachelor's degree, carrying out the missions of medical
education leading to the medical degree or medical science graduate
degrees, research, and patient care. Medical schools shall be accredited
as a medical school by the Liaison Committee on Medical Education
(LCME) or be actively in the process of securing accreditation. Medical
schools may also have as part of their mission graduate medical education
(GME), continuing medical education (CME), and health sciences education.
Medical schools shall include, as an integral part of the institution,
related facilities such as laboratories, research centers, training
facilities, and faculty and staff offices.
[Added 4-22-2008 by Ord. No. 08-10]
An intermediate level or levels between the floor and ceiling
of any story or basement, with an aggregate floor area of not more
than 1/3 of the area of the room in which the level or levels are
located. For zoning enforcement purposes, the floor area of a mezzanine
is added to the total floor area of the building, but it shall not
count as a story unless it occupies more than 1/3 of the floor area
above or below.
A site plan for a development or building alteration requiring
fewer than 10 parking spaces as required in this chapter and containing
less than 2,500 new or additional square feet of floor area.
As such term is defined under the definition of "subdivision"
below.
[Amended 1-18-2011 by Ord. No. 11-04]
Any manufactured, transportable, year-round single-family
dwelling built on one or more chassis and containing a flush toilet,
bath or shower, and a kitchen sink, designed to be connected to a
piped water supply, sewerage facilities and electrical service.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
A building used principally for the off-street parking of motor vehicles, subject to the standards set forth in § 195-128L.
[Added 4-22-2008 by Ord. No. 08-10]
The Planning Board, Board of Adjustment or Governing Body
of the Borough of Westwood.
Any undesirable audible sound exceeding the limits of or not in compliance with § 195-151G.
[Amended 1-18-2011 by Ord. No. 11-04]
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours for more than two residents who are
not related to the governing authority or its members by marriage,
blood, or adoption.
Improvements to accommodate conditions generated by a proposed
development, including but not limited to new improvements and extensions
and modifications of existing improvements. "Off-site" means located
outside the lot lines of the lot in question but within the property
(of which the lot is a part) which is the subject of a development
application or contiguous portion of a street or right-of-way. "Off-tract"
means 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.
Any parcel or area of land essentially unimproved and set
aside, dedicated, designated or reserved for public or private use
or enjoyment.
A space denoted by painted lines and used for the parking
of a motor vehicle outside of the street right-of-way. The term "parking
space" shall not include any aisle or driveway used for access.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before approval of a proposal, including
cash, performance bonds, escrow agreements, and other similar collateral
or surety agreements.
Any use of land or buildings permitted by this chapter.
Refers to technology which uses a device, typically a solar
panel, to convert light into electricity.
[Added 3-2-2021 by Ord. No. 21-1]
The primary or predominant use of a lot.
An institution of 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.
The office of an attorney, accountant, engineer, architect,
professional planner, insurance agent, real estate agent, or other
profession of a similar academic background.
[Amended 12-17-2002 by Ord. No. 02-19]
Includes all of the professions listed under "professional
office," provided that the professional person owns personally and
occupies the dwelling as a primary residence, and the unit used for
the owner's professional practice does not exceed 30% of the floor
area.
The use of land and/or buildings by a municipal, county,
state or federal agency or authority.
A building used for an athletic activity where the principal
participants are the patrons of the establishment, such as tennis
clubs, skating rinks, etc.
Space allocated for the collection and storage of source-separated
recyclable materials.
A commercial establishment where food and drinks (including
alcoholic beverages) are prepared, served and consumed on premises
at tables in a dining room setting; excluding, however, a fast-food
restaurant (as defined in this section); a snack bar or refreshment
stand at a public or community swimming pool, playground or park,
operated in conjunction with and incidental to such recreational facility
for the sole convenience of its patrons; a restaurant with bar (as
defined in this section); and a bar or tavern (as defined in this
section).
[Amended 12-17-2002 by Ord. No. 02-19]
A commercial establishment where food and drinks (including
alcoholic beverages) are prepared, served and consumed on premises
at tables in a dining room setting. A restaurant with bar shall be
distinguished from a bar by, among other things, the inclusion of
a kitchen facility, not less than 20% of the total square footage
of the restaurant with bar, capable of preparing meals for the patrons
of the premises at capacity. Such an establishment must, among other
things, have not less than 80% of its seating capacity in rooms separated
completely, with full-height floor-to-ceiling walls, from any bar
or counter at which alcoholic beverages are dispensed. The bar and
bar patron area within such a facility shall not exceed more than
10% of the floor area of the total restaurant with bar facility.
[Amended 12-17-2002 by Ord. No. 02-19]
Also known as a "convenient care clinic" or "minute clinic";
where permitted, is a walk-in use for the diagnosis and treatment
of common household illnesses, such as strep throat and eye, ear,
sinus and other similar infections; the treatment of minor wounds;
abrasions and joint sprains; the injection of common vaccinations;
wellness services; and routine lab tests.
[Added 9-30-2014 by Ord. No. 14-29]
An establishment engaged in selling goods or merchandise
to the general public and rendering services incidental to the sale
of such goods.
Those areas which exist or are created for the storage of
stormwater and absorption of the water into the ground.
The total width of a street, watercourse, utility alignment
or other way, and within, under or over which all improvements and
rights of access are confined.
Any school, whether operated for profit or otherwise, including
but not limited to public, private or parochial schools.
Establishments primarily engaged in rendering services to
individuals, business and governmental uses. Examples include employment
services, copying and supply services, advertising and mailing, photographic
studios, hair and nail salons, barbershops, shoe repair, clothing
repair and rental, dance, karate and similar uses, and dry-cleaning
establishments.
A line parallel to a street line or lot line beyond which
a building does not project. The minimum yard requirements shall be
the minimum required setbacks. All setbacks from public streets shall
be measured from the proposed right-of-way as shown on the adopted
Master Plan.
A triangular area abutting two intersecting streets where
vision is required to be unobstructed. The sight triangle is formed
by the intersecting street sidelines and a line connecting a point
on each sideline at a set distance from the intersection.
Any announcement, display or illustration placed so as to
be seen and in view of the general public.
Any site plan not classified as a minor site plan.
A map of a proposed development of sufficient accuracy to
be used for the purpose of discussion or classification.
The degree of deviation of a surface from the horizontal,
expressed in percent or degree. Slope calculations shall be based
on elevation intervals of 10 feet.SOLAR ARRAY
A group of multiple solar panels connected together to provide
a single electrical output.
[Added 3-2-2021 by Ord. No. 21-1]
Energy from the sun that is converted into thermal or electrical
energy.
[Added 3-2-2021 by Ord. No. 21-1]
All associated equipment which converts solar energy into
usable electrical energy, heats water, or produces hot air or other
similar function.
[Added 3-2-2021 by Ord. No. 21-1]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 3-2-2021 by Ord. No. 21-1]
A building designed with a parking area at grade level, with
vehicle access through the walls of the building; a building with
parking areas visible from the street beneath the structure.
That portion of a building between the upper surface of a
floor and the upper surface of the floor or roof next above.
STORY, ABOVE-GRADEAny story having its finished floor surface entirely above predisturbed grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is more than six feet above the grade plane, more than six feet above the predisturbed grade level for more than 50% of the total building perimeter, or more than 12 feet above the finished ground level at any point.
STORY, HALFA space under a sloping roof with stairway access that is intended for occupancy or storage, which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with headroom of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
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 duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats, and
includes the land between street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
STREET, ARTERIALAny street that collects and distributes traffic to and from collector streets and whose routes are intended to provide a high degree of mobility. The principal function of an arterial is vehicular movement. An arterial is characterized by access control and channelized intersections.
STREET, COLLECTORA street that collects traffic from local streets and connects to arterial streets.
STREET, LOCALA street which is designed to provide vehicular access to abutting properties and to discourage through traffic.
STREET, MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
The edge of the existing or future street right-of-way, whichever
is wider, as shown on an adopted Master Plan or Official Map, or as
required by this chapter, forming the dividing line between the street
and the lot. Where title to land extends into or to the center of
a street, the right-of-way line shall nevertheless be deemed to be
the street line.
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.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale, development
or lease.
SUBDIVISION, CONSOLIDATIONThe combining of individual recorded lots to form a single tract in single ownership.
SUBDIVISION, MAJORAny subdivision not classified as a minor subdivision.
SUBDIVISION, MINORA subdivision of land containing not more than three lots, each fronting on an existing street, provided that such subdivision does not involve a planned development, any new street, or extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
An enclosed, box-like structure, without wheels, designed
for the outdoor storage of personal property for temporary use, delivered
and removed by vehicle. Said container shall only be permitted in
association with an active building permit.
[Added 12-18-2007 by Ord. No. 07-23]
One or more lots. Existing streets shall not be included
in calculating the area of the tract.
A use wherein urgent medical care medicine is performed,
whether in a building or a portion of a building, which use is principally
engaged in providing immediate walk-in, extended-hour access to acute
illness or injury care by a licensed physician that is beyond customary
medical office hours or availability of a typical primary care medical
practice. Patients shall be served solely on an outpatient basis and
no patients shall be kept overnight on the premises. Urgent care medicine
is as defined by the American Academy of Urgent Care Medicine. Such
urgent care center shall not be categorized as a medical office as
defined herein.
[Added 9-30-2014 by Ord. No. 14-29]
An open area of land designed for and devoted to recreational
purposes, e.g., parkland, sports fields, playgrounds, swimming pools,
etc.
The specific purpose for which land or a building, structure
or facility is designed, arranged or intended, or for which it is
or may be occupied or maintained.
Services, including but not limited to sewage treatment,
water supply, gas, electric, telephone and cable television.
A building used primarily for the storage of goods and materials,
not for retail sales.
Those areas as defined by the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as provided by this chapter.
YARD, FRONTThe area extending across the full width of the lot, between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARThe open space extending across the full width of the lot, between the principal building and the rear lot line, and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
YARD, SIDEAn open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.
The person designated to administer this chapter.
[Amended 1-18-2011 by Ord. No. 11-04]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See Schedule A, Area and Bulk Regulations, which is included at the end of this chapter.
[5]
Editor's Note: See N.J.S.A. 30:11B-1 et seq.
[7]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
[10]
Editor's Note: The definition of "hospital," added 9-19-2006
by Ord. No. 06-10, which immediately followed this term, was repealed
4-22-2008 by Ord. No. 08-10.
