A.
Any word or term not defined herein shall be as defined in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., or shall be utilized in standard
usage for the context in which the word is used. In interpreting this
chapter, words in one tense shall include other tenses or derivative
forms; words in the singular shall include the plural, and in the
plural, the singular; either gender shall include the other; the word
"shall" is mandatory; the word "may" is permissive; the word "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used"; the word "lot" includes
the words "plot" and "premises."
B.
The word "Borough" means the Borough of Raritan, Somerset County,
New Jersey; the term "Borough Council" means the Borough Council of
the Borough of Raritan; the term "Planning Board" means the combined
Planning Board and Zoning Board of Adjustment of the Borough of Raritan,
established pursuant to N.J.S.A. 40:55D-25c.
[Amended 7-26-2011 by Ord. No. 11-07]
The following terms shall have the meanings indicated:
The relinquishment of property, or cessation of the use of
the property, by the owner or lessee without any intention of transferring
property rights to another owner or of resuming the use of the property.
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance, which
is created within an existing residence or by an addition to an existing
residence or accessory building.
A structure or building detached from a principal building
located on the same lot and customarily incidental and subordinate
to the principal building or use. Where a structure is attached to
a principal building by a breezeway, roof, common wall, or the like,
such a structure shall be considered part of the principal building.
A use of land or of a structure or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
Any extension or increase in the size, floor area or height
of a building or structure.
The employee, consultant, authority or governmental or other
agency charged by the Council with the responsibility of administering
the affordable housing program of the Borough.
The officer designated by the Borough Council.
[Amended 7-26-2011 by Ord. No. 11-07]
A commercial establishment which regularly features sexually
oriented entertainment.
Development designs, situations or existing features on a
developer's property, or any nearby property, creating, imposing,
aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions as set forth in N.J.S.A. 40:55D-38 and measured against
the design and performance standards of this chapter.
Newly constructed or rehabilitated housing units meeting
the criteria promulgated by the Council on Affordable Housing (COAH).
A housing development in which a minimum of 90% of the dwelling
units are occupied by households in which at least one member is aged
55 or older and no household contains persons under the age of 19.
Such housing shall be designed and marketed to age-qualified households;
shall have written rules and regulations, covenants, deed or other
restrictions reflecting these age restrictions; and shall provide
within these written rules and regulations, covenants, deed or other
restrictions appropriate procedures to ensure continued compliance
with these age restrictions.
Any parcel of land three acres or larger in size upon which
the principal pursuit for gain is the raising of agricultural or horticultural
products.
A thoroughfare less than 30 feet in width dedicated for the
public use of vehicles and/or pedestrians, providing a secondary means
of access to property and not intended for general traffic circulation.
Any change in the supporting members of a building, bearing
walls, columns, beams, girders, except such changes as may be required
for safety, any changes in the roof or exterior walls, or any addition
to or diminution of a building, including the addition, modification,
removal or replacement of exterior elements, including changes in
door or window locations, but not including alterations which affect
primarily the appearance of the structure; also, any change in use
from one zoning classification to another or relocation of a structure
from one site, location or position to another.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
A structure, other than a telecommunications tower, which
is attached to a building or other structure on which one or more
antennas are located.
See "dwelling, multiple."
Person, partnership, corporation or public agency requesting
permission to engage in land development/soil removal/tree removal
activity.
The Planning Board of the Borough of Raritan.
[Amended 7-26-2011 by Ord. No. 11-07]
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in a given year.
A property survey prepared and certified by a licensed land
surveyor to reflect the actual location of structures and other improvements
constructed on a property.
A facility that is licensed by the New Jersey Department
of Health to provide apartment-style housing and congregate dining
for four or more adult persons unrelated to the proprietor.
A structure containing facilities for washing automobiles
and automatic or semiautomatic application of cleaner, brushes, rinse
water, and heat for drying.
See "junkyard."
Any structure made of cloth, canvas or vinyl, with a frame
attached to a building or other structure, which may be raised to
a position against the building or structure when not in use.
Any structure made of cloth, plastic, metal or other architectural
material which provides a permanent roof-like shelter over an upper-story
window, either installed to be retractable or in a fixed position.
A financial organization that provides direct banking services,
including but not limited to walk-up tellers, accessory drive-through
areas and automatic teller machines.
Temporary announcement device constructed of cloth, canvas,
fabric or other light material.
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.
For purposes of this chapter, with reference to occupancy
or use and to regulate the height and bulk of buildings, the portion
of a building in which the ceiling averages less than four feet above
the finished grade where such grade meets the outside walls of the
building, which shall not be considered a story and habitable.
An owner-occupied facility providing sleeping or dwelling
accommodations and a morning meal to transient guests for compensation.
A sign that advertises goods, products, services or facilities
not conducted upon the premises where the sign is located.
The approving authority as defined above.
[Amended 7-26-2011 by Ord. No. 11-07]
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
See "building envelope."
Any structure having a roof supported by columns, posts or
walls and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind, including
tents, lunch wagons, trailers, dining cars, camp cars or other structures
on wheels or other supports, and any unroofed platform, terrace or
porch having a vertical face higher than three feet above the level
of the ground from which the height of the building is measured.
The percentage of the lot area that is covered by building
area, which includes the total horizontal area when viewed in the
plan.
An area, generally described by building setback lines, depicting
the area within which the building(s) can be constructed.
The horizontal area contained within the outer dimensions
of the foundation walls of a building.
The total number of stories in a building and the vertical
distance measured from the mean elevation of finished grade along
the front of the building to the highest point of the roof adjacent
to the street wall for flat roofs, to the deck level on a mansard
roof, and to the mean height between the eaves and the ridge level
for gable, hip, and gambrel roofs.
A line formed by the intersection of an exterior wall of
a building with the ground.
A line parallel to the street lot line at a distance therefrom
equal to the required front yard for the district in which the lot
is located.
A line parallel to the rear lot line at a distance therefrom
equal to the required rear yard for the district in which the lot
is located.
A line parallel to the side lot line at a distance therefrom
equal to the required side yard for the district in which the lot
is located.
A business establishment that does not offer a product or
merchandise for sale to the public but offers only a service to the
public.
A business establishment that offers retail goods or services
for local business needs and local business consumption.
An activity engaged within a separate and distinct structure
or unit for retail trade, finance, insurance, real estate, or services.
Any structure, in a fixed position, other than an awning
or marquee, made of cloth, plastic, metal or architectural material
which provides a roof-like shelter.
A roofed, accessory structure with open sides located on
the same lot as a motor vehicle service or repair station, used to
shield the pumps from the elements.
Any structure or portion of a building or structure other
than an attached or detached garage used for the shelter of self-propelled
vehicles.
See "basement."
Property used for interring of the dead.
A document issued by the administrative officer specifying
that a development application has met the submission requirements
set forth in this chapter.
Any use that substantially differs from the previous use
of a building or land.
The area between the tops of the banks of any watercourse,
with or without continuous flow, wherein surface waters are contained
under conditions less than flood stage. This area shall also consist
of lands lying between two or more branches of the same watercourse.
An establishment licensed by the Department of Human Services
pursuant to N.J.S.A. 30:5B-1 et seq., providing for the care, supervision
and protection of children.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for civic, social,
cultural, religious, literary, political, educational or recreational
purpose, but not primarily for profit or to render a service which
is customarily carried on as a business, but not including shooting
clubs, operated for the benefit of its members and not open to the
public.
The New Jersey Council on Affordable Housing.
When two or more receiving and/or transmitting facilities
are placed together in the same location, on the same antenna support
structure, or on a telecommunications tower.
A facility designed and equipped for the conduct of leisure,
sport or other recreational activities operated as a business for
profit and open to the public for a fee.
Any commercially registered vehicle, except a passenger car.
Vehicles normally associated with a commercial use, but not registered
for commercial use, shall be deemed commercial vehicles.
A parcel of land or an area of water or a combination of
land and water within that part of a townhouse development site that
has been designated for the use or enjoyment of residents and owners
of the townhouse development. Common open space may contain such nonresidential
recreational structures, improvements and landscaping as are necessary
or appropriate for use by the residents.
Ownership of two or more contiguous lots of real property
by one person or persons.
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or nonprofit group
or agency.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 persons with head injuries 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, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning in the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community and shall include, but not be limited to, group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning in the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. As used in this chapter, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-27.2, but shall not include a
person who has been committed after having been found not guilty of
a criminal offense by reason of insanity or having been found unfit
to be tried on a criminal charge.[1]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A.30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
A use permitted in a particular zone 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 this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
The chief administrative Construction Official for the Borough.
Alteration in an existing residential structure resulting
in an increase in the number of dwelling units.
An open, unoccupied and unobstructed space on a lot other
than a yard, street or way, bounded by two or more sides of a building,
including a similar area fully open to the sky but not necessarily
beginning at the ground level, including:
OUTER COURTOne which opens for its full width into a yard or a street. The depth of an outer court is the greatest horizontal dimension measured at right angles for the yard or street upon which such court opens to the face of the opposite building or wall. The width of an outer court is its least horizontal dimension measured at right angles to its depth.
INNER COURTAny court other that an outer court, including a court completely surrounded by building walls and an interior lot line. The size of an inner court is measured in the same manner as an outer court.
Land within a flood hazard area (floodway or flood-fringe)
as delineated by the New Jersey Department of Environmental Protection
or land which contains slopes exceeding fifteen-percent grade or land
containing freshwater wetlands.
The elevation of the street curb in front of the midpoint
of the front lot line.
A stone, concrete or other improved boundary marking the
edge of a roadway or paved area.
An above-grade, unroofed structure without walls that is
attached to a residential dwelling unit, 12 inches or more above grade.
The partial or total razing, dismantling or destruction of
any building or of any improvement within the Borough.
The permitted number of dwelling units per gross tract area
of land to be developed. The result is expressed in dwelling units
per acre.
The legal or beneficial owner or owners of a lot or of any
land proposed for development, including the holder of an option or
contract to purchase or other person having an enforceable proprietary
interest in such land.
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 land or extension of use of
land.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
The diameter of a tree measured 4 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan shall be measured 12 inches above ground
level for trees over a four-inch caliper. The measurement shall be
six inches above grade for trees up to four-inch caliper (nursery
method). Diameter at point of measurement may appear as the abbreviation
"DPM."
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo, and materials, including transshipment
by rail or motor vehicle.
To dig, dredge, excavate, remove, deposit, grade, clear,
level, fill or otherwise alter or change the location or contour of
land or otherwise cause land to be exposed to the dangers of erosion.
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
That portion of a driveway that lies between the street side
of the sidewalk and the curbline or edge of pavement.
An establishment that, by design, physical facilities, service
or by packaging procedures, encourages or permits customers to receive
service or obtain goods while remaining in their motor vehicles.
A private right-of-way providing access for motor vehicles
to a garage, dwelling or other building from a street or other right-of-way.
A private driveway providing access to two or more properties.
A lot or land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purposes, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
See also "junkyard."
A two-unit dwelling sharing a common vertical separation
with independent means of ingress and egress for each unit.
A surface adequately covered with concrete, bituminous products
or surface-treated macadam, properly drained and maintained in good
condition at all times.
A building containing both residential and nonresidential
uses.
A building containing three or more dwelling units, including
units that are located one over the other.
A building or entirely self-contained portion thereof intended
or designed for nontransient residential use of a single housekeeping
unit, separated from all other spaces by lockable doors, having access
to the outside without crossing another dwelling, having any cooking
facilities, fixed or portable, or food refrigeration facilities, and
having any sanitary facilities, and including one-family, two-family
and multifamily dwellings. A house trailer, a boardinghouse or rooming
house, convalescent home, fraternity or sorority house, hotel, inn,
lodging, nursing, or other similar home or other similar structure
shall not be deemed to constitute a dwelling unit.
See "dwelling, multifamily."
A previously substandard dwelling unit, as further defined
herein, which has undergone significant renovation to meet municipal
or other applicable housing code standards. Upon rehabilitation of
a substandard dwelling unit, housing deficiencies shall be corrected
and the house shall be brought up to code standards. The standard
for evaluating rehabilitation activity of a substandard dwelling unit
shall be the local property maintenance code or, if none is available,
the BOCA Property Maintenance Code in effect at the time of evaluation.
The rehabilitation activity shall not include luxury improvements,
the purchase of appliances (with the exception of stoves) or improvements
that are strictly cosmetic. A rehabilitated unit is considered complete
at the date of final inspection.
A structure containing two housekeeping units that are attached
to each other by means of an unpierced wall extending from ground
to roof, which may be located on a single lot or subdivided along
the common wall.
A structure containing a single housekeeping unit that is
not attached to any other dwelling unit by any means.
A dwelling unit with health and safety code violations that
require the repair or replacement of a major system. A "major system"
shall include weatherization, a roof, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems)
and/or a load-bearing structural system.
A one-family dwelling in a connected row of at least three
such units in which each unit has its own front and rear access to
the outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more common vertical fire-resistant
walls.
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
A public education facility as defined by the New Jersey
Department of Education.
A grant of one or more of the property rights by the property
owner to another person or entity and/or for the use by the public
or a corporation.
A nonbasement building built in an area of special flood
hazard to have the top of the elevated floor elevated above the ground
level by the means of piling, columns (posts or piers), or shear walls
parallel to the flow of the water and adequately anchored so as to
not impair the structural integrity of the building during a flood
of up to the magnitude of the base flood. In an area of special flood
hazard, "elevated building" shall also include a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters.
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead facilities or systems reasonably necessary for furnishing
adequate service for the public health, safety or general welfare.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
A lodging establishment designed and intended for the temporary
lodging of business travelers, which includes a cooking area and related
appurtenances in every room, which has limited maid service, front
desk and reception services, but which does not include restaurants,
conference facilities or retail/convenience stores.
A single, nonprofit housekeeping unit which bears the generic
character of a relatively stable and permanent functioning unit.
A private residence of a family day-care provider which is
registered as a family day-care home pursuant to the Family Day Care
Provider Registration Act (N.J.S.A. 30:5B-16 et seq.) and which is
operated in accordance with N.J.S.A. 40:55D-66.5b.
Federal Communications Commission.
A barrier of any material or combination of materials erected
to enclose, screen or separate areas.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
[Amended 7-26-2011 by Ord. No. 11-07]
"Design flood" (floodway or flood hazard area) is the relative
size or magnitude of a flood, expressed as a design discharge in cubic
feet per second, which is developed from hydrologic criteria, represents
a major flood of reasonable expectancy, reflects both flood experience
and flood potential, and is the basis of the delineation of the floodway
and the flood hazard area and of the water surface elevations thereof.
That portion of the flood hazard area outside of the floodway
which is subject to less severe flooding.
The flood hazard area shall consist of the floodway and flood-fringe
area, being the areas that are subject to flooding.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk-premium
zones applicable to the Borough.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
The greatest flood in a given area for which accurate records
are available and/or as determined by the New Jersey State Department
of Environmental Protection.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
Same as the "flood hazard area."
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
The sum of the gross horizontal areas of all the floors of
the building or buildings on a lot, measured from the exterior faces
of exterior walls equal to or in excess of seven feet to six inches
or from the center line of party walls separating two buildings, excluding
cellar and basement areas used only for storage or the operation and
maintenance of the building.
The total floor area of a building computed by measuring
the horizontal dimensions of the outside walls of all enclosed portions
of the building, including halls, enclosed porches, attics, cellars,
basements and garages.
All finished spaces within the exterior walls of a dwelling,
exclusive of garages, breezeways, unheated porches, cellars and basements
having a window area of less than 10% of the square foot area of the
room. Usable floor area shall include all finished spaces not otherwise
excluded above, such as principal rooms, utility rooms, bathrooms,
all closets and hallways opening directly into any rooms within the
dwelling unit and all attic spaces having a clear height of six feet
from finished floor level to pitch of roof rafter with a clear height
of seven feet six inches from finished floor level to ceiling level
over 50% of the area of such attic space.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
A line formed by the intersection of a porch foundation wall
with the ground or, when viewed in the plan, the outermost extremity
of the roof, whichever is closer to the front lot line.
A building used for the preparation of the deceased for burial
and/or the display of the deceased and rituals connected therewith
before burial or cremation.
A fully enclosed detached accessory building, or a portion
of a principal building, used primarily for the storage of vehicles
owned or used by the occupant of the principal building or used for
the storage of incidental items to which the garage is an accessory.
No more than one garage space may be rented to persons not residing
on the property, and not more than one commercial vehicle, not to
exceed a three-ton rated capacity, may be stored therein.
A garage, other than a private garage, available to the public,
which is used for the parking of automobiles or other motor vehicles.
Any building, premises and land in which or upon which a
business or service involving the maintenance, servicing or repair
of vehicles in conducted.
A group of multifamily dwellings, architecturally designed
with one unit placed on top of another unit, up to three units in
height, designed for rental or sale of the individual units, having
common open space and designed in accordance with the requirements
for such dwellings as set forth in this chapter.
Land, greenhouses or structures used to raise and/or sell
flowers, shrubs, plants and other garden-related items.
The elevation of the center line of streets as officially
established be the Borough, county or state.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs related thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants.
A device mounted on a freestanding support structure or secured
to a roof or wall of a building and used to receive and transmit radio
communications between other terrestrially based sites.
An establishment that provides facilities for physical exercises
and/or saunas, showers and lockers.
An activity carried out for gain by a resident and conducted
as a customary, incidental and accessory use in the resident's dwelling
unit, providing that there is no external evidence of the nonresidential
use; that there is no more than one additional nonresident employee;
and that no more than 400 square feet of area is devoted to such occupation.
An association of owners of the various properties of a common
ownership community, formed under the provisions of a master deed,
declaration of covenants and restrictions and a certificate of incorporation
and bylaws.
A home occupation consisting of the office of a practitioner
of a recognized profession requiring a degree of training, experience
or licensure.
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, entertainment and recreational facilities, and so constructed
that access and egress from rooms to the outside passes a control
desk.
Any structure, surface or improvement that reduces and/or
prevents absorption of stormwater into land. Porous paving, paver
blocks, gravel, crushed stone, crushed shell, elevated structures,
and other similar structures, surfaces or improvements are considered
impervious cover. Grass, lawns or any other vegetation are not considered
impervious cover.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
Any material that will not ignite at or below a temperature
of 1,200° F. and will not continue to glow or burn at that temperature.
Those fields of economic activity including construction,
light manufacturing, warehousing and wholesale trade.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition.
This definition also includes, but is not limited to, unregistered,
inoperable vehicles, tires, vehicle parts, equipment, paper, rags,
metal, glass, building materials, household appliances, machinery,
brush, wood and lumber.
Any space, whether inside or outside a building, used for
the storage, keeping, or abandonment of junk. For the purpose of this
definition, the deposit or storage on any lot of two or more wrecked
or inoperative vehicles or parts thereof for one month or more shall
be deemed to be a junkyard. Also see "dump."
Any building, structure, or premises in which cats, dogs
or other domesticated animals are kept, boarded, bred or trained for
a fee or compensation.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
A designated area bound by leasehold lines.
A line of record bounding a leasehold area that divides a
leasehold area from another leasehold area, lot, or from a public
or private street or any other public space.
An off-street space, abutting a street or other appropriate
means of access, available for the loading or unloading of goods.
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 to two or more patients who are not
related to the governing authority or its members by marriage, blood
or adoption. "Long-term care facility" shall include the terms "skilled
nursing facility" and "intermediate care facility."
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or build upon as a unit.
The total area contained within the lot lines, expressed
in terms of square feet or acres. Any portion of a lot in a public
right-of-way, existing or proposed, shall not be included in the area.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
The percentage of lot area that is covered by impervious
material, but specifically excluding any emergency generator having
a rated generating capacity not exceeding 20 kilowatts; a footprint,
including the pad, not exceeding 20 square feet; and a height not
exceeding four feet.
[Amended 11-25-2014 by Ord. No. 2014-11]
The mean distance between the front and rear property lines
of any lot, measured along a line either parallel to or making equal
angles with the sidelines.
A large lot not meeting minimum frontage requirements and
where access to a public road is via a narrow, private right-of-way
or driveway.
The length of the street line of a lot. In the case of a
corner lot, the shorter of the two lot lines coinciding with the street
lines shall be considered the lot frontage.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line. In the case of a corner lot, the lot line opposite the shorter
front street line shall be considered the rear lot line.
Any lot line other than a front lot line or rear lot line.
A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
A lot other than a corner lot which adjoins two street lines
which are at opposite ends of the lot. A through lot shall be considered
to have two front yard lines.
A distance measured at the front yard setback line along
a line perpendicular to parallel sidelines or making equal angles
with both converging sidelines. Where a front yard is not required,
the lot width shall be measured along the street line.
A household meeting the regional income eligibility limits
for low- and moderate-income households or for low- and very-low-income
households in the document entitled "Section 8 Rental Assistance Program,
Income by Family Size," published by the United States Department
of Housing and Urban Development (HUD).
The lowest level of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of other nonelevation design requirements.
Less than 50% of the median income for the region when used
with and compared to the term "moderate income"; or 50% to 80% of
the median income for the region when used with and compared to the
term "very low income" in the document entitled "Section 8 Rental
Assistance Program, Income by Family Size," published by the United
States Department of Housing and Urban Development (HUD).
Any security which may be accepted by the Borough for the
maintenance of any required improvements.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Any process whereby the nature, size, or shape of articles
or raw materials is changed or where articles are assembled or packaged.
A permanent, roof-like structure extending from part or all
of a building or other structure over a public or quasi-public right-of-way
and constructed of some durable material such as metal, glass or plastic.
A building intended to house one or more offices and/or laboratories
for medical professions licensed by the State of New Jersey.
A building, lot, or land area, used as a private club or
social organization not conducted for profit or gain, and which is
not an adjunct to or operated by or in connection with or as a public
tavern, cafe, restaurant or other like public space.
An intermediate level between the floor and ceiling of any
story and covering not more than 33% of the floor area of the room
in which it is located.
A building that contains both residential and nonresidential
uses.
[Amended 10-23-2012 by Ord. No. 12-14]
See "manufactured home."
[Amended 10-23-2012 by Ord. No. 12-14]
A site containing spaces with required improvements and utilities
that are leased for the long-term placement of manufactured houses
and that may include services and facilities for the residents.
Fifty percent to 80% of the median income for the region.
In the document entitled "Section 8 Rental Assistance Program, Income
by Family Size," published by the United States Department of Housing
and Urban Development (HUD), the term "low income" is used instead
of the term "moderate income" to refer to the 50% to 80% of median
income range.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
See "funeral home."
An establishment providing sleeping accommodations to transient
guests, with a majority of all rooms having direct access to the outside
without the necessity of passing through the main lobby of the building.
A self-propelled device used for transportation of people
or goods over land surfaces.
Any building, land area or premises, or portion thereof,
used primarily for auto body work, welding and painting.
A facility that displays and/or sells new and/or used motor
vehicles of any type.
Any building, land area, or other premises, or portion thereof,
used for the mechanical repair of motor vehicles, either solely or
in combination with the retail sale and direct delivery to motor vehicles
of fuel and lubricating oil, but excluding body repair and painting.
Any building, land area, or other premises, or portion thereof,
used for the retail sale and direct delivery to motor vehicles of
fuel and lubricating oil either solely or in combination with light
motor vehicle repairs, but excluding body repair and painting.
A building or structure consisting of more than one level
and used for the temporary storage of motor vehicles.
Retail shops and services serving the immediate residential
neighborhood.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted. For the purposes of
this chapter, a regulated use shall not be considered a nightclub.
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.
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.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeated invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things, such as but not limited to noise, dust,
smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat,
electronic or atomic radiation, objectionable effluent, noise of a
congregation of people, especially at night, passenger traffic, transportation
of things by truck, rail or other means, invasion of nonabutting street
frontage by parking, the obscuring or masking of adjacent or nearby
property by projecting signs, marquees or canopies, or any adverse
effect on value or desirability of adjacent or nearby property caused
by such matters as incongruous appearance, exposed storage of inoperable
automobiles, junk materials and neglect or dilapidation of property.
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
See "long-term care facility."
The act of occupying land or a building for the purpose it
is arranged, intended, designed or maintained.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files and communication equipment.
A building intended for office use.
Parking located on property other than that which is the
subject of the development application, which is within 1,000 feet
of the subject property and which is the subject of an approved, filed
parking agreement.
Located outside the lot lines of the lot in question but
within the property which is the subject of a development application
or the closest half of the street or right-of-way abutting the property
of which the lot is a part.
Not located on the property that is the subject of a development
application or on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property that is the subject of a development
application or on the closest half of an abutting street or right-of-way.
Any space or area characterized by great natural beauty or
whose existing openness, natural conditions or present state of use,
if retained, would enhance the present or potential value of abutting
or surrounding urban development or would maintain or enhance the
conservation of natural or scenic resources. "Open space" includes
areas set aside for public use and enjoyment and also includes areas
of historic significance.
An open space area within or related to a development and
designed and intended for the use or 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.
The keeping, other than in a building, of any goods, junk,
material, merchandise, or vehicles in the same place for more than
24 hours.
A tract of land designated and used by the public for active
and passive recreation.
An improved, off-street, ground-level open area used for
the parking of motor vehicles. A parking lot may include access drives
or aisles for ingress and egress.
A paved or surfaced area for off-street motor vehicle parking
designed to meet the specifications of this chapter.
A level, landscaped, and/or surfaced area on a lot with a
principal building and not covered by a permanent roof, less than
12 inches above grade.
Any security which may be accepted by the Borough to assure
required improvements associated with an application for development
will be satisfactorily completed.
Includes but is not limited to a zoning permit, construction
permit, a demolition permit, a permit to move, convert, relocate or
remodel.
A service provided to an individual or group of individuals
that does not produce tangible goods for retail sale or consumption.
Any business use that provides services to an individual
or group of individuals, such as barbershops, dry-cleaning establishments,
beauty salons, travel agencies and substantially similar types of
uses, and does not provide goods for retail sale or consumption.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which result
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functions which causes partial or total
disability.
A church, synagogue, temple, mosque or other facility that
is used for prayer or formal religious services by a religious congregation.
Any building, structure, room or place in which pool or billiards
shall be played for gain, hire or reward or where a fee is charged
for the use of the facilities.
A roofed, open area attached to and with direct access to
or from a building.
The conferral of certain rights pursuant to the Municipal
Land Use Law, prior to final approval of a major site plan or major
subdivision, after specific elements of a development have been approved
by the delegated approving authority and agreed to by the applicant.
The land, buildings and all other facilities situated upon
a lot or other property.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure and the landscape
features and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
A building in which the principal use of the lot is conducted.
The primary or predominant use of any lot.
An office used or occupied by a licensed professional in
the fields of accounting, architecture, dentistry, engineering, finance,
insurance, law, medicine, planning, landscape architecture, optometrists,
and similar occupations and professions which may be determined by
the Planning Board upon finding that such occupation is truly professional
in character by virtue of similar training and education.
[Amended 7-26-2011 by Ord. No. 11-07]
Any use that is specifically prohibited by this chapter or
otherwise not specifically permitted by this chapter.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack or to cover or shield the property from
danger or injury.
The use of land or buildings by the Borough of Raritan or
by any other federal, state, county or municipal governmental body,
including the Borough of Raritan Board of Education.
A facility with the primary function of generating, creating
or harnessing natural or man-made energy for essential services use
or distribution off site, including electrical substations and switching
stations, or the disposal or treatment of water or wastes, not including
service yards or storage and treatment yards and facilities or wireless
telecommunications facilities.
A facility specifically geared to providing interior areas
for groups of individuals to congregate, socialize or celebrate particular
events.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or any part thereof, as it appeared at a specific period of time.
A studio for audio or video recording operated as an accessory
to a performing arts or music school or studio; a public or private
elementary, middle, secondary or vocational school; or a college or
university.
[Added 7-24-2012 by Ord. No. 12-12]
A facility containing one or more studios for the recording
or rehearsal of music including but not limited to sound stages, recording
production facilities and administrative offices but not including
theater facilities for live performances.
[Added 7-24-2012 by Ord. No. 12-12]
A place designed and equipped for the conduct of sports and
leisure-time activities, excluding billiard parlors, video arcades,
adult book and video stores, adult motion-picture theaters, cabarets
or massage shops.
A designated area, either within a building or a screened
space on the exterior of a building, specifically designed to hold
waste or recyclable materials.
For purposes related to affordable housing, the four-county
region encompassing Somerset, Middlesex, Warren and Hunterdon Counties.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
Any establishment at which food or drink is prepared, served
and consumed primarily within the principal building or at a permitted
accessory outside dining facility, excluding bars, pubs, taverns or
public houses.
An establishment where food and/or beverages are sold in
a form ready for consumption, where the consumption may take place
or is designated to take place outside the confines of a restaurant,
and where ordering or pickup of food may take place from an automobile.
An establishment where food and/or beverages are sold in
a form ready for consumption, where the consumption may take place
or is designated to take place outside the confines of a restaurant,
and where ordering or pickup of food may not take place from an automobile.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Establishments providing services to the general public for
personal or household use.
A dwelling or part thereof in which lodging is provided by
the owner or operator to no more than six boarders, with each boarder
having his or her own separate sleeping room.
See "townhouse."
A device incorporating a reflective surface that is solid,
open mesh or bar configured and in the shape of a shallow dish, cone,
horn or cornucopia, for use to receive and/or transmit radio or electromagnetic
waves between terrestrially and/or orbitally based uses.
The activity of a person or business engaged in the instruction
of children or adults for personal gain. The term "commercial school"
shall include such uses as dancing and music schools, art schools
and studios, auto driving schools, secretarial schools and business
colleges, nursery and play schools, private kindergartens, schools
for the development of skills of artisans, martial arts studios, and
after-school learning or tutoring centers.
[Amended 10-12-2010 by Ord. No. 10-12]
Any building or a group of buildings, the use of which meets
state requirements for elementary, secondary or higher education and
which use does not secure the major part of its funding from any governmental
agency.
Any school licensed by the state and that meets the state
requirements for elementary, secondary or higher education.
A secondary or higher educational facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
A structure or facility containing separate, individual and
private storage spaces of varying sizes, leased or rented on individual
leases for varying periods of time.
See definition for "age-restricted senior housing."
The distance between a building and any lot line.
That line that is established at the required minimum distance
from any lot line and that establishes the area within which the principal
structure must be erected or placed.
The relationship that a site and its buildings have to its
surroundings.
An adult bookstore, motion-picture studio, massage parlor,
or any other business or establishment dealing predominantly with
obscene acts or materials.
A group of retail stores and service establishments, with
parking facilities and designed to serve a community or neighborhood,
which is planned, developed, owned and managed as a total entity.
A paved, surfaced or leveled area, paralleling and usually
separate from the street, used as a pedestrian walkway.
A periodic event that is accessory to a principal permitted
retail use and occurs before and after designated holidays during
which merchants are allowed to display merchandise for sale on the
sidewalk.
Any name, identification, description, display or illumination
which is affixed to or painted on or represented directly or indirectly
upon a building, structure or parcel of land and which directs attention
to a person, organization, institution, activity, event, place, object,
product, commodity, business, entertainment, service or profession
or which conveys any message, notice or greeting. Not included or
restricted are the flag, pennant or insignia of any nation, state,
city or other political unit or temporary signs of any political,
educational, charitable, philanthropic, civic, religious, or like
campaign, drive or event.
The enlargement, extension or relocation of an existing sign
or support structure.
A sign, not exceeding one square foot, identifying the occupant
of a structure or space and his activity.
The entire area within a contiguous perimeter enclosing the
limits of a sign and including the frame of the sign, but not including
structural elements outside the limits of such sign and not forming
an integral part thereof.
A sign that is mounted, painted, or attached to an awning,
canopy or marquee.
Any flexible sign supported at its ends, typically by rope
or cord.
A sign which directs attention to the business, activity,
products, use or other matters concerning the parcel of premises on
which the sign is located.
A temporary sign that identifies the tradesperson or architect
of a specific improvement on the property for which the improvement
is being made.
A sign intended to facilitate efficient traffic circulation
movement within a particular tract.
A ground or wall sign listing the tenants or occupants of
a building or group of buildings and that may indicate their respective
professions or business activities.
The area or display surface used for the message.
A sign, the illumination of which is not kept constant in
intensity at all times when in use.
A single or multifaced sign not attached to a building and
with an upright base extending from the ground.
A sign, other than a pole sign, in which the entire bottom
is in contact with or close to the ground and is independent of any
other structure.
A sign having characters, letters, figures, designs or outlines
illuminated by electric light or luminous tubes as a part of the sign.
An illuminated, nonflashing sign whose illumination is derived
from an external artificial source and is so arranged that no direct
rays of light are projected from the artificial source into an area
where anyone resides or into any public street or public way.
A temporary sign denoting a political campaign headquarters,
party affiliation, cause or candidate.
A nonilluminated sign that is not securely affixed to the
ground or otherwise affixed in a permanent manner to a building or
other structure.
A temporary sign intended to identify a project under construction,
including the project name, general contractor, architect and prime
real estate agent.
A sign that is wholly or partly dependent upon a building
for support and that projects more than 15 inches from such building.
A sign designed to promote the public health, safety and
welfare, including official government notices, government signs,
signs to control and direct traffic on public streets, street identification
signs, signs erected by public utility companies to warn of dangerous
or hazardous conditions and political signs.
A temporary, portable sign that incorporates changeable lettering
and is intended primarily for advertising or announcement purposes.
A sign pertaining to the sale or lease of the premises, or
a portion thereof, on which the sign is located.
A sign identifying a residential major subdivision, condominium,
apartment or townhouse complex and located entirely on the property
which it is identifying.
A wall sign permitted for the sole purpose of identifying
the inhabitant residing therein, the house name and/or identifying
the address of the house.
The routine maintenance and painting of existing, approved
signs that does not change the approved design or increase the total
sign area.
A sign that is mounted on the roof of a building or is wholly
dependent upon a building for support and that projects above the
top walk or edge of a building with a flat roof, the eave line of
a building with a gambrel, gable or hip roof, or the deckline of a
building with a mansard roof.
A temporary, moveable, nonilluminated sign located within
the public right-of-way that is not permanently affixed to a wall,
structure or to the ground.
All frames, glass or other coverings, gooseneck arms, light
bulbs, lights, shields, shades, reflectors, supports, brackets, braces,
screws, bolts, fastenings or other items or devices which constitute
a part of the support system for any sign, awning, canopy or marquee.
A permitted sign for the purpose of identifying private parking
areas and directing the flow of traffic on private property.
A sign attached to, painted on, or erected against the wall
of a building or structure, with the exposed face of the sign in a
plane parallel to the face of the wall.
A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.
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 this
chapter.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42; and contains the information
reasonably required in order to make an informed determination as
to whether the requirements established by ordinance for approval
of a minor site plan have been met.
A triangular area abutting two intersecting streets where
vision is unobstructed. The site triangle is formed by the intersecting
street sidelines and a line connecting a point on each sideline at
a set distance from the intersection.
The change in vertical distance over a corresponding horizontal
distance.
The Somerset-Union Soil Conservation District as established
in accordance with the provisions of N.J.S.A. 4:24-1 et seq.[2]
A designated, unroofed, enclosed area for the temporary storage
of waste and recyclable materials.
The date the construction permit is issued, provided the
actual start of construction, repair, reconstruction, placement, or
other improvement is commenced within 180 days of that date.
An agency of the state established in accordance with the
provisions of N.J.S.A. 4:24-1 et seq.[3]
An accessory building that is exclusively used by the occupant
of the principal building to which it is incidental and contains items
customarily associated with residential use, such as personal items,
lawn mowers, tools and hardware.
That portion of a building, exclusive of any basement, consisting
of at least seven feet of vertical height, included between the surface
of any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. If the ceiling or underside of supporting members is
less than four feet above average grade of any space, then that space
shall not be considered a story nor counted as floor area.
A space under a pitched roof at the top of a building, the
floor of which is not more than two feet below any plane, which will
not qualify for living space under BOCA (Building Officials and Code
Administrators International, Inc.).
Any river, stream, pond, lake or wetland, together with adjacent
upland areas, that supports protective bands of vegetation that line
the water's edge.
A public thoroughfare which has been dedicated or deeded
to the public for public use and which has been improved in accordance
with municipal, county and state standards. A street as used herein
includes as its width the roadway, curb and sidewalks to the limit
of the street line.
The officially established grade of the street upon which
a lot fronts.
The dividing line between a lot and a street.
A combination of materials constructed for use, occupancy,
or ornamentation, whether installed on, above, or below the surface
of land.
The vertical distance measured from the curb level to the
highest point of the structure. For building height, see "building,
height of."
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 act if no new streets are created: divisions of
land found by the Planning Board to be for agricultural purposes where
all resulting parcels are five acres or larger in size; divisions
of property by testamentary or intestate provisions; divisions of
property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument; and the conveyance of one or more adjoining lots, tracts
or parcels of land, owned by the same person or persons and all of
which are found and certified by the administrative officer to conform
to the requirements of the municipal development regulations and are
shown and designated as separate lots, tracts or parcels on the Tax
Map or Atlas of the municipality. The term "subdivision" shall also
include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than three
lots, provided such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Any repair, reconstruction or improvement of a structure
where the cost exceeds or equals 50% of the market value of the structure
either before the improvements or repair is started or, if the structure
has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not the
alteration affects the external dimensions of the structure. The term
does not, however, include any project for improvement of a structure
to comply with existing state or local health, sanitary, or safety
code specifications, which are solely necessary to assure safe living
conditions, or any alteration of a structure listed on the National
Register of Historic Places or a state inventory of historic places.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act[4] and the rules and criteria set forth herein. A grant of
substantive certification shall be valid for a period of six years
in accordance with the terms and conditions therein.
A public or privately owned swimming pool open to the general
public on a membership or fee basis and having appropriate dressing
room facilities and off-street parking areas.
An accessory structure, whether located above or below the
ground, designed and maintained for swimming and bathing purposes
by a private residence for use by household members and guests, having
a depth of more than 18 inches and/or a water surface in excess of
100 square feet, and including all buildings, structures, equipment
and appurtenances thereto.
A swimming pool which is located above ground level, otherwise
not permanently installed, does not require water filtration, circulation
and purification, does not exceed a water surface of 100 square feet,
and does not require braces or supports.
An establishment used for the serving and consumption of
liquor by the drink to the general public on site as a principal use,
including bars, pubs and public houses.
Any building, including but not limited to mobile homes as
defined therein, that is designed exclusively for residential occupancy
but is not erected as a permanent structure upon a lot.
A place where motion pictures are shown to the public for
a fee. For the purposes of this chapter, any use defined as a "regulated
use" by this chapter shall not be considered a performing arts theater.
A building designed for the presentation and viewing of live
performances. For the purposes of this chapter, any use defined as
a "regulated use" by this chapter shall not be considered a "performing
arts theater."
The top six-inch layer of arable soil.
The structure designed to support transmitting or receiving
antennas. For the purposes of this chapter, amateur radio transmission
facilities and facilities used exclusively for the transmission of
television and radio signals are not "transmission towers."
A one-family dwelling in a row of at least three such units
in which each unit has its own front and secondary access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
This definition shall also include such terms as "row house," "patio
house," "court dwelling," etc.
A wheel-based noncommercial structure that is used for the
transportation or storage of goods or materials, as a construction
office, for temporary short-term habitation in case of calamity, or
other occupancy subject to the provisions of this chapter. A box container
which has been temporarily or permanently removed from a chassis or
truck bed shall be considered a trailer.
Any place wherein more than one truck is parked for more
than four hours.
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
Less than 50% of the median income for the region according
to the document entitled "Section 8 Rental Assistance Program, Income
by Family Size," published by the United States Department of Housing
and Urban Development (HUD).
A wall constructed of stone or other material erected for
the sole purpose of providing a decorative and/or landscaped feature,
and not to include structural support walls, retaining walls or any
other walls constructed for a purpose other than aesthetics.
A building used primarily for the storage of goods and materials.
A structure that facilitates personal wireless services as
defined in the Federal Telecommunications Act of 1996, which includes
FCC-licensed commercial wireless telecommunications services such
as cellular, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging, and
similar services that currently exist or may be developed in the future.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth herein is to be unoccupied and unobstructed from the ground
upward, except as may be provided in this chapter.
An open, unoccupied space (unless occupied by a structure,
such as steps, eaves and cornices, hereinafter specifically permitted)
extending across the full width of the lot and lying between the street
line and the building line. All yards abutting a street shall be considered
a front yard.
An open, unoccupied space (unless occupied by a permitted
accessory structure) extending across the full width of the lot between
the rear lot line and the building line.
An open, unoccupied space (unless occupied by a permitted
accessory structure) extending along the side lot line from the front
yard to the rear yard and lying between the side lot line and the
building line.
An agent appointed by the Borough Council who shall be responsible
for the administration and enforcement of the provisions, requirements,
regulations and standards contained in this chapter and who shall
have such other duties and responsibilities as may herein be specified
or assigned by an appropriate body.
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion, or installation of a structure or building and which acknowledges
such use, structure or building complies with the provisions of Part
6, Zoning, or variance therefrom duly authorized by a municipal agency
pursuant to the Municipal Land Use Law.[5]
