For the purpose of this article, unless the context clearly indicates
a different meaning:
ACCESSORY STRUCTURE
A subordinate building or structure on the same lot with
a principal building or structure, occupied or devoted exclusively
for an accessory use. Where an accessory structure is attached to
a principal structure by a wall or roof, such accessory structure
shall be considered part of the principal structure.
ACCESSORY USE
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
ADULT DAY CARE
A program providing a combination of health and social services
to older adults during daytime hours.
ADULT HOMES
Housing intended exclusively for persons 55 years of age
or older and the spouses of such persons; when necessary for the care
of persons 55 years of age or older, one person other than a spouse
under 55 years of age is permitted in each household.
AFFORDABILITY STANDARDS
A "low-income household" shall be a household earning 50%
or less of the area median income, adjusted by household size, and
a "moderate-income household" shall be a household earning between
50% and 80% of the area median income adjusted by household size.
The area median income shall be the most recent median income figures
promulgated by the United States Department of Housing and Urban Development
for the Morris County PMSA, unless said inquiries are superseded by
a court of competent jurisdiction or the New Jersey Council on Affordable
Housing.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:93-7.4, or for housing developed
in accordance with the third-round rules of the New Jersey Council
on Affordable Housing, as defined by N.J.A.C. 5:94-7.
ALTERATION OF A BUILDING OR STRUCTURE
A change in the exterior, interior or supporting members
of a building or structure; an addition, diminution, change in use,
or conversion of a building or part thereof, or removal of a building
from one location to another.
APARTMENT
One or more dwelling rooms as regulated in this article with
private bath and kitchen facilities, comprising an independent self-contained
dwelling unit in a building.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, cluster option plan, conditional use, zoning variance
or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34
or 40:55D-36.
BACK-TO-BACK TOWNHOUSES
A townhouse that not only shares side walls but also shares
rear walls. Access to all units are at grade.
[Added 5-4-2021 by Ord.
No. 18-21]
BASEMENT
An interior space or a portion of any interior space having
a floor below the outside elevation of ground at the foundation wall.
BEDROOM
Any room or space used or intended to be used for sleeping
purposes.
BOARDER or ROOMER
A person who is not related to the head of the household
and who pays for the privilege of boarding or rooming.
BUFFER AREA
A required landscaped area on a nonresidential tract adjoining
a residential district in which no building, parking area, driveway
(except to provide access to the property and which is perpendicular
to the buffer area), street, sign (except traffic directional signs)
or storage of materials shall be permitted.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance from the mean finished grade (measured
along the perimeter of the building, measured at a minimum of four
corners of the structure) of the ground adjoining the building to
the highest point of the roof for flat or shed roofs, to the deck
line for mansard roofs, and to the mean height between eaves and ridge
for gable, hip, and gambrel roofs. In multifamily buildings, the building
height shall be calculated for each vertical unit.
[Amended 6-26-2018 by Ord. No. 15-18]
CANOPY
A roof-like cover that is temporary or portable in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and is periodically retracted
into the face of the building.
CANOPY, FIXED
A canopy that is constructed with a rigid frame that cannot
be retracted, folded or collapsed.
CHANGE IN USE
(1)
A change from a residential use to a permitted nonresidential
use.
(2)
A change from one type of nonresidential use to another type
of permitted nonresidential use.
(3)
A change from either a nonresidential or residential use to
a mixed use.
(4)
A change from a nonresidential use to a residential use.
CHANNEL
A natural depression of perceptible extent, with definite
beds and banks to confine and conduct flowing water either continuously
or intermittently.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
CO-LOCATION
Use of common wireless telecommunication towers or a common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology and/or
placement of a wireless telecommunication tower on a structure owned
or operated by a utility or other public entity.
COMMERCIAL RECREATION
A privately owned and operated commercial establishment,
conducted primarily within an enclosed building, inclusive of arenas,
athletic and health clubs, batting cages, bowling alleys, gyms, martial
art studios, pools, skating rinks, tennis and paddle ball courts,
volleyball courts and similar uses; but exclusive of arcades, pinball
halls, billiard halls and similar uses.
COMMON OPEN SPACE
An open space area within or related to a site designated
as 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.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly
or in common.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this article, and upon the issuance of an authorization
therefor by the Planning Board.
CONGREGATE HOUSING
Housing for older adults that includes access to a continuum
of support services. Congregate housing includes apartment units (with
kitchen facilities) for the elderly who are in need of such intermittent
support services as occasional meals, socialization opportunities
and transportation.
CONSTRUCTION OFFICIAL
That person in the Building Department sharing the responsibility for enforcing the State Uniform Construction Code as established by Chapter
195, Construction Codes, Uniform, of this Code who shall also have the title of Building Inspector as used in this Code.
CORNER LOT
A lot at the junction of, or having frontage on, two or more
intersecting streets.
COUNTY MASTER PLAN
A composite of the master plan for the physical development
of Morris County with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the Morris County Planning Board.
CRAFT SERVICE FACILITIES
A retail establishment designed and equipped specifically
for conducting leisure time activities wherein through an educational
process, the patron leaves the establishment with a product they had
a part in creating. Such facilities consist of, but are not limited
to, facilities offering classes in painting, ceramics, knitting, or
cooking.
[Added 10-16-2018 by Ord.
No. 24-18]
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DETENTION BASIN
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any use or change in the use of any building
or other structure, or of any mining, excavation or landfill, and
any use or change in the use of any building or other structure, or
land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT AREA
That part of the building envelope which is intended to be
used for a building or a structure and is so designated for soil disturbance
necessary for the development of the lot.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance or other municipal regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to ensure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with Chapter
1A of Title 58 of the Revised Statutes.
DUPLEX
A structure containing two dwelling units, each of which
is totally separated from the other by an unpierced ceiling and floor
extending from ground to roof or an unpierced ceiling and roof extending
from exterior wall to exterior wall, except for a common stairwell
exterior to both units.
DWELLING
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
DWELLING or APARTMENT
A building or portion thereof designed or used as the residence
or sleeping place of one or more persons, including one-family, two-family
and multiple dwellings, apartment-hotels, boardinghouses and lodging
houses, but not including motels, tourist cabins, trailers or trailer
courts.
DWELLING UNIT
Living accommodations designed and used for occupancy by
one family only.
DWELLING, MULTIFAMILY
A structure or building occupied or intended for occupancy
as separate living quarters for more than two families or households
with separate cooking, sleeping and sanitary facilities for the exclusive
use of the occupants of each dwelling.
DWELLING, ONE-FAMILY
A building occupied or intended for occupancy exclusively
by one family or one household with cooking, sleeping and sanitary
facilities for the use of the occupants of the unit. Also referred
to as a "single-family dwelling."
DWELLING, TWO-FAMILY
A building occupied or intended for occupancy as separate
living quarters for no more than two families or two households with
separate 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 and through the roof or by horizontal
floors.
DWELLING, ZERO LOT LINE
A patio home dwelling on one lot attached on one side to
another patio home on an adjacent lot.
EASEMENT
A restriction established in a deed, and/or duly recorded
instrument and/or on a duly recorded or filed map to permit the use
of land by the public, or by particular persons, corporations or other
legal entities for specified uses. For the purpose of this article,
a right-of-way, grant or reservation shall be defined as an easement.
EDUCATIONAL FACILITIES
An establishment that educates students in a skill, art or
trade in a non-institutional setting. Such facilities consist of,
but are not limited to, ACT/SAT preparation course, computer classes,
or after-school tutoring.
[Added 10-16-2018 by Ord.
No. 24-18]
ELECTRONIC SIGNS
Any sign which utilizes electronics (LED), moving lights
or mechanical gearing to provide for the display of messages which
may scroll, blink or rotate.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground,
surface or overhead gas, electric, steam or water transmission 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
herewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health, safety or general welfare.
FAMILY
Any number of persons related by blood, marriage or adoption
living together as a single housekeeping unit and using certain rooms
and housekeeping facilities in common. A "family" shall also include
foster children placed with a family in such dwelling by the New Jersey
State Board of Child Welfare or a duly incorporated child care agency.
FARM
An area of land which is actively devoted to agricultural
or horticultural use, or for the raising of poultry, livestock or
horses, which occupies no less than five acres exclusive of the land
upon which the farmhouse is located and such additional land, in conformance
with the minimum lot size of the residential zone in which the farm
is located, as may actually be used in connection with the farmhouse
as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.
FARMING
The use of land for agricultural or horticultural use or
for raising poultry or domesticated livestock.
FAST FOOD ESTABLISHMENT
An establishment designed for over-the-counter service which
may or may not include drive-through window service and which serves
primarily a limited, standardized menu of quickly prepared or pre-prepared
foods such as hamburgers, fried chicken, fried fish, etc., packaged
in paper or other types of disposable wrappers and containers for
immediate service to patrons primarily for immediate consumption whether
or not interior seating facilities are provided. Convenience stores
are not included in the definition of "fast food establishment."
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate various areas.
FINAL APPROVAL
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.
FINAL PLAT
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Morris for recording in accordance with
law.
FINISHED SURFACE
The side of the fence in which various compounds (paint,
varnish, stain, oil, and/or wax) are applied to the surface of wood
or metal to enhance its appearance, as well as to provide protection
from the elements and for ease of maintenance.
FLOOD FRINGE
The portion of the flood hazard area outside the floodway
but inside the one-hundred-year floodplain.
FLOOD HAZARD AREA
The floodway and any additional portions of the floodplain
in which development and general use of the land would constitute
a threat to the health, safety and general welfare. The flood hazard
area constitutes the total area inundated by the one-hundred-year
design flood.
FLOODPLAIN
An area usually characterized as relatively flat or a lowland
area adjoining a river, stream or watercourse which has been in the
past, or can reasonably be expected in the future, to be covered temporarily
by floods.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures, primarily for
the reduction or elimination of flood damage to land, water and sanitary
facilities, structures and contents of buildings.
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
FRONT STREET PROPERTY LINE
That property line which is situated along a street right-of-way
line as it may be modified by the definition of "side yard" as contained
in this article.
GARAGE
A building or a structure used for the storage of one or
more vehicles. If it is maintained primarily for the convenience of
the resident-occupant of the premises and no service is rendered to
the public or business conducted therein, it is a private garage.
Any garage other than a private garage is a public garage.
GARDEN APARTMENT
One or more multiple-family buildings not exceeding 2 1/2
stories or 30 feet in height, containing off-street parking, outdoor
recreational facilities and other requirements herein.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development,
as provided in N.J.S.A. 40:55D-45.2.
GRADE
A reference plan representing the average of finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plan
shall be established by the lowest points within the area between
the building and the lot line or, when the lot line is more than six
feet (1,829 mm) from the building, between the building and a point
six feet (1,829 mm) from the building.
HABITABLE SPACE
Living space and rooms, other than common hallways, cellar,
storage space, garage space and space devoted to mechanical equipment
serving the building.
HEALTH CLUB AND FACILITIES
An establishment that provides facilities for aerobic exercises,
running, exercise equipment, court games, swimming facilities, saunas
and the like. Education or instruction in any physical activities
shall also constitute a health club facility, such as, but are not
limited to, martial arts training, yoga, and rock climbing facilities.
[Added 10-16-2018 by Ord.
No. 24-18]
HEIGHT OF BUILDING
The vertical distance from the average ground elevation around
the foundation to the level of the highest point of the roof surface.
[Amended 6-26-2018 by Ord. No. 15-18]
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the master plan as being of historical, archaeological,
cultural, scenic or architectural significance.
HOSPICE CARE
Care that addresses the physical, spiritual, emotional, psychological,
social, financial and legal needs of the dying patient and his or
her family. Hospice care is provided by an interdisciplinary team
of professionals and volunteers in a variety of settings, both inpatient
and at home and includes bereavement care for the family. Hospice
is a nontraditional way of delivering existing services.
HOTEL
A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services,
such as restaurants, meeting rooms, fitness and health centers, entertainment,
personal services, recreational facilities and limited retail.
HOUSEHOLD
A group of persons who are not related by blood, marriage
or adoption, living together as a single housekeeping unit.
IMPROVED LOT COVERAGE
The percentage of lot area which is improved with all man-made
improvements, including buildings and structures, as well as driveways,
walkways, parking lots, garages, deck facilities, patios, swimming
pools and other man-made improvements.
INSTITUTIONAL USE
The use by a nonprofit public use or a public or quasi-public
institution such as a church, school, library, hospital or public
utility. A nursing home shall not be included in the definition of
an institutional use.
INTERESTED PARTY
(1)
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
(2)
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter, or whose rights to use, acquire, or enjoy property under
this chapter, or under any other law of this state or of the United
States have been denied, violated or infringed by an action or a failure
to act under this article.
INTERLOCKING DWELLINGS
A multiple-story residential dwelling unit that shares vertical
and horizontal space within another residential dwelling unit.
[Added 6-26-2018 by Ord.
No. 15-18; amended 12-8-2020 by Ord. No. 13-20]
LAND
Include improvements and fixtures on, above or below the
surface.
LAND SURVEYOR
A person who by reason of his special knowledge and ability
in the principles and methods of land surveying, including the surveying
of areas for their correct determination and description and for conveyancing,
and for the establishment or reestablishment of land boundaries, and
the plotting of lands and subdivisions thereof, and such topographical
survey and land development as is incidental thereto, and is therefore
qualified to practice land surveying as attested by his license in
this state as a land surveyor.
LANDSCAPING
To adorn or improve (a section of ground) by contouring and
by planting flowers, shrubs, trees and other natural ground covers.
LIFE CARE/CONTINUING CARE COMMUNITY
A program through which older adults commit to reside in
a community for the remainder of their life. The continuing care community
has the physical facilities and services to provide care ranging from
freestanding apartments to nursing home care. Health care or access
to health care is guaranteed.
LOADING SPACE
An off-street space or berth on the same lot with a building
or buildings for temporary parking of a commercial vehicle while loading
or unloading materials and/or equipment.
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities
Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant
to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1
et seq.; or any utility, authority, commission, special district or
other corporate entity not regulated by the Board of Regulatory Commissioners
under Title 48 of the Revised Statutes that provides gas, electricity,
heat, power, water or sewer service to a municipality or the residents
thereof.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The area within the boundaries of a lot exclusive of any
area lying within any abutting street right-of-way, or within 25 feet
of street center line, or lying beyond the allowed measurable depth
specified for each zone by this article, or lying within a street
right-of-way, as shown and laid out on the master plan or Official
Map.
LOT COVERAGE
That portion of a lot which is occupied by principal and
accessory buildings and structures, but not including walkways, driveways,
patios and open parking lots.
LOT DEPTH
A horizontal distance between the front lot line and rear
lot line, 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 at each corner and the
midpoint for irregularly shaped parcels.
LOT LINE
A line of record bounding the lot.
LOT LINE, FRONT
The lot line separating the lot from the street right-of-way;
also referred to as a "street line."
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT WIDTH
The distance between the side lot lines, measured parallel
to the front lot line at the minimum required front yard setback line.
LOW-INCOME HOUSING
Housing affordable according to the federal Department of
Housing and Urban Development or other recognized standards for home
ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income equal to 50% or less of
the median gross household income for households of the same size
within the housing region in which the housing is located, and is
subject to affordability controls.
MAINTENANCE GUARANTEE
Any security which may be accepted by the governing body for the maintenance of any improvements required by this chapter, including, but not limited to, surety bonds, letters of credit under the circumstances specified in §
600-101B, and cash.
MARKET-RATE DWELLING UNITS
Housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to the Municipal Land Use Law.
MAYOR
The Mayor of the Township of Denville.
MINOR SITE PLAN
A development plan of one or more lots which:
(1)
Proposes new development within the scope of development specifically
permitted by ordinance as a minor site plan;
(2)
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
(3)
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.
MINOR SUBDIVISION
Any subdivision containing not more than two lots fronting
on an existing street, provided that such subdivision does not involve
a planned development, any new street or the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to N.J.S.A.
40:55D-42. No property may proceed to be subdivided on the basis of
a minor subdivision more than once during any five-year period and
if, during the aforementioned five-year period, an attempt to further
subdivide a tract of land which was the subject of a minor subdivision
in the past is made, said application shall automatically be deemed
to be a major subdivision and comply with the various terms and conditions
of this chapter relative to major subdivision applications, regardless
of the exact nature of the application.
MOBILE HOME
An enclosed vehicle designed and constructed so as to permit
occupancy for dwelling purposes on a permanent basis and customarily
moves about on wheels. All mobile vehicles for habitation not classified
as travel trailers shall be construed to be mobile homes.
MOBILE HOME PARK
One or more parcels of land under single ownership which
have been planned for the placement of two or more mobile homes, appurtenant
structures or additions.
MODERATE INCOME HOUSING
Housing affordable according to the federal Department of
Housing and Urban Development or other recognized standards for home
ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income equal to or more than
50% but less than 80% of the median gross household income for households
of the same size within the housing region in which the housing is
located, and is subject to affordability controls.
MOTOR VEHICLE BODY REPAIR SHOP
A place of business within a principal building where the
bodies of motor vehicles are repaired and/or rehabilitated. Metal
fabricating and refinishing, sanding and painting and other related
mechanical activities necessary to repair auto bodies are not included
in this process.
MUNICIPAL AGENCY
A municipal Planning Board or Board of Adjustment, or a governing
body of a municipality when acting pursuant to the Municipal Land
Use Law and any agency which is created by or responsible to one or
more municipalities when such agency is acting pursuant to the Municipal
Land Use Law.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
NURSING HOME
A convalescent or boarding home established to render domiciliary
or nursing care for chronic or convalescent patients.
OBSTRUCTION
Any dam, wall, embankment, level, dike, pile, abutment, projection,
excavation, channel, rectification, bridge, conduit, culvert, building,
wire, fence, rock, gravel, refuse fill, structure or matter in, along,
across or projecting into any natural stream or floodplain which may
impair, retard or change the direction of the flow of water, either
in itself or by catching or collecting debris carried by such water
or that is placed where the flow of water might carry the same downstream
to the damage of life or property.
OCCUPANT
Any individual living or sleeping in a building, or having
possession of a space within a building.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Morris County
Board of Chosen Freeholders.
OFFICIAL MAP
A map adopted by ordinance pursuant to the Municipal Land
Use Act (N.J.S.A. 40:55D-32 et seq.).
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OPEN SPACE ZONING
A permitted reduction in lot size and lot area requirements
in major subdivisions in certain specified zones in which the density
requirement (dwelling units per acre) is maintained and when all resulting
undeveloped land with the subdivision is maintained for either public
or private open space.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation, trust or other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
OWNER OF RECORD
The recorded owner of the parcel of land to be subdivided
as shown on the tax records of the Township.
PARAPET
The extension of the main walls of a building above the roofline.
PARKING AREA
An open area used for the parking of motor vehicles and available
for use as a service or privilege to clients, customers, suppliers
or the general public. Such parking area shall not be construed to
include a street or other public way or access drive leading to the
parking area, but may include aisles that directly serve parking spaces.
PARKING SPACE
The parking area for the parking of one motor vehicle. Such
a parking space shall provide for a rectangular area of not less than
200 square feet exclusive of access drives or aisles and shall be
a minimum of 10 feet in width measured perpendicular to the axis of
the length. Each space shall abut an access driveway or aisle.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under the Municipal Land Use Law.
PATIO HOUSE
A one-family dwelling located on a separate lot with open
setbacks on three sides which may have a courtyard. Patio homes shall
be attached to similar houses on adjacent lots with one common party
wall.
PATIO or TERRACE
A level, landscaped, and/or surfaced area directly adjacent
to a building and not covered by a permanent roof that is designed
for or intended to be utilized for outdoor enjoyment.
PERFORMANCE GUARANTEE
Any security which may be accepted by the governing body, including, but not limited to, surety bonds, letters of credit under the circumstances specified in §
600-99I and cash.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
PLAN
The provisions for development of a planned development,
including a plat or subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, public or private streets, ways and parking facilities,
open space and public facilities. The phrase "provisions of the plan,"
when used in this article, shall mean the written and graphic materials
referred to in this definition.
PLANNED AGE-RESTRICTED COMMUNITY
A comprehensively designed residential development containing
dwellings restricted to occupancy by at least one member of a household
55 years of age or older and no children under 19 years of age in
permanent residence, pursuant to the federal Fair Housing Act.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential and other uses
incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
A planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges or ratios of nonresidential uses to residential
uses as shall be specified in the zoning ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses all primarily for the benefit
of the residential development.
PLANNING BOARD
The Municipal Planning Board established by this chapter.
PLAT
A map or maps of a subdivision or site plan.
PORTABLE STORAGE CONTAINER
Any container, storage unit, shed-like container or other
portable structure that can be or is used for the storage of personal
property of any kind and which is located for such purposes outside
an enclosed building other than an accessory building or shed complying
with all building codes and land use requirements. This term shall
not include roll-off or storage containers with storage capacity of
less than 150 cubic feet used for such purposes as yard waste and
debris removal. This term shall also not include trailers as defined
in this section.
[Added 9-14-2021 by Ord.
No. 25-21]
PORTICO
An open-sided structure attached to a building and sheltering
an entrance or serving as a semi-enclosed space.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to the Municipal
Land Use Law prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Secretary of the Planning Board
for Planning Board consideration and tentative approval and meeting
the requirements of this chapter.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
PRINCIPAL USE
The primary or predominant use of the premises. A principal
building shall be one containing a principal use.
PRIVATE GARAGE
A detached accessory building or portion of a main building,
used for the storage of passenger vehicles or a permitted commercial
vehicle.
PROFESSIONAL AND BUSINESS OFFICE
A use or uses conducted entirely within a structure for the
purpose of providing a professional service or conducting a business
office therein, restricted solely to administrative office activities,
specifically excluding the sale or transfer for any physical products
or goods from the site.
PROFESSIONAL ENGINEER
A person who by reason of his special knowledge of the mathematical
and physical sciences and the principles and method of engineering
analysis and design, acquired by professional education and practical
experience, and is qualified to practice professional engineering
as attested by his license in this state as a professional engineer.
PROFESSIONAL OR SERVICE OFFICE
An establishment that contains occupations in the tertiary
sector of the economy requiring special training in the arts or sciences.
Some professional services require holding professional licenses such
as architects, auditors, engineers, doctors and lawyers. Other professional
services involve providing specialist business support to businesses
of all sizes and in all sectors; this can include tax advice, supporting
a company with accounting, IT services or providing management advice.
[Added 10-16-2018 by Ord.
No. 24-18]
PUBLIC AREAS
(1)
Public parks, playgrounds, trails, paths and other recreational
areas;
(2)
Other public open spaces;
(3)
Scenic and historic sites;
(4)
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to ensure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
PUBLIC GARAGE
Any building, premises or landing which or upon which the
following business, service or industry is conducted:
(1)
Gasoline filling or motor vehicle service or repair station,
provided this definition shall be construed to expressly prohibit
the repair or refinishing of motor vehicle bodies, the rental of cars,
trucks or trailers as an accessory use or the conduct of a taxi, trucking,
or similar business as an accessory use. The term "motor vehicle service
or repair" shall not be construed to include any business where the
service or repair of motor vehicles is an accessory use in connection
with the sale of motor vehicles or where the installation of motor
vehicle accessories is not the primary or predominant use of the building
premises or land unless the building premises or land is also used
as a gasoline filling station.
(2)
The storage or the maintenance of motor vehicles or trailers.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency, or other
public body for recreational or conservation uses.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings,
public pathways, trails or bicycle paths and navigable waterways.
QUADRUPLEX
Four attached dwellings in one structure in which each unit
has two open-space exposures and shares one or two walls with adjoining
unit or units.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECREATIONAL FACILITIES
A place designed and equipped for the conduct of sports and
leisure time activities. Such facilities consist of, but are not limited
to, facilities offering classes in voice, dance, ballet or music instruments.
[Added 10-16-2018 by Ord.
No. 24-18]
RENTAL/LEASED RESIDENTIAL DWELLING
Any premises located within the jurisdiction of the Township
of Denville whereby any portion of same is either rented or leased
to another person for residential purposes.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
A building or structure designed, used or intended for use
in which either food or beverage or both is provided in an enclosed
structure on the site. A "restaurant" shall not include fast-food
or refreshment stands commonly called snack or dairy bars where consumption
takes place outside of the structure or in automobiles parked upon
the premises, whether brought to said automobile by the customer or
by employees of the establishment. A "restaurant" shall also include
pickup or delivery services wherein food is prepared on the premises
for off-premises consumption.
RESUBDIVISION
(1)
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
(2)
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
RETAIL SALES
Establishments engaged in the selling or rental of goods
or merchandise to the general public for consumption.
[Added 10-16-2018 by Ord.
No. 24-18]
RETAIL SERVICES
Establishments providing services or entertainment, as opposed
to products, to the general public for personal or household use,
including eating and drinking places, personal services such as, but
not limited to, cleaners, tailors, cobblers, beauty salons and barbershops,
theaters, museums and galleries.
[Added 10-16-2018 by Ord.
No. 24-18]
RETENTION BASIN
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground.
SEASONAL FARMER'S MARKET
The offering for sale of fresh agricultural products, organic
merchandise, food products, and other merchandise typical of a seasonal
market directly to the consumer at an open air market on a seasonal
basis which shall occur on Sundays, within the time period from the
third Sunday of June through the third Sunday of November per calendar
year under the sponsorship of a nonprofit, civic, or religious organization.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SIGHT TRIANGLE
A triangular-shaped area established at the intersection
of two streets.
SIGN
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons or product when the same
is placed, erected, attached, painted or printed, in view of the general
public. The term "sign" shall include a new painted text or other
display, illustration or insignia on an existing sign area.
SINGLE-FAMILY RESIDENCE
A detached structure designed for the use of a single household,
including a single person or two or more persons living as a family
and wherein not more than two persons are sheltered or fed for profit.
SINGLE OWNERSHIP
Ownership by one person or by two or more persons, whether
jointly, as tenants by the entirety, or as tenants in common, of a
separate parcel of real property not abutting land in the same ownership.
SITE PLAN
A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the lot, including,
but not necessarily limited to, topography, vegetation, drainage,
floodplains, marshes and waterways;
(2)
The location of all existing and proposed buildings, driveways,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
(3)
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board adopted pursuant
to the Municipal Land Use Law.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion outlined in and meeting the
requirements of this chapter.
SKILLED NURSING FACILITY
A facility that provides medical and continuous nursing care
services to geriatric patients who are not in the acute phase of illness
and require primarily convalescent, rehabilitative, and/or restorative
services. It may be freestanding or a unit in a hospital. The facility
can include, but is not restricted to, Medicare/Medicaid-certified
skilled nursing facilities.
SOCIAL SERVICES
Establishments providing assistance and aid to those persons
requiring counseling for job training, employment, psychological problems,
or learning and physical disabilities.
[Added 10-16-2018 by Ord.
No. 24-18]
STANDARDS OF PERFORMANCE
Standards:
(1)
Adopted by ordinance pursuant to the Municipal Land Use Law
regulating noise levels, glare, earthborn or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the municipality; or
(2)
Required by applicable federal or state laws or municipal ordinances.
STEEP SLOPES
Any slope which has a grade greater than or equal to 15%
but less than 25%.
STORY
That portion of a building included between the surface of
any floor, excluding the basement, 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.
STORY, FIRST
The lowest story or the round story of any building, the
floor of which is not more than 12 inches below the average contact
ground level at the exterior walls of the building.
STORY, HALF
A partial story under a mansard, gable, hip or gambrel roof,
the wall plates of which on at least two opposite exterior walls are
not more than four feet above the floor of such story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way: (1) which is an existing state, county or municipal
roadway; or (2) which is shown upon a plat heretofore approved pursuant
to law; or (3) which is approved by official action as provided by
this chapter; or (4) which is shown on a plat duly filed and recorded
in the Office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust, or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
(1)
The division of a lot, tract, or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created:
(a)
Division of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
(b)
Division of property by testamentary or intestate provisions;
(c)
Division of property upon court order, including, but not limited
to, judgments of foreclosure;
(d)
Consolidation of existing lots by deed or other recorded instrument;
and
(e)
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.
(2)
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter, and such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
SWIMMING POOL (PRIVATE)
Any artificially constructed basin or other structure for
the holding of water used, or intended to be used, as a swimming pool
in conjunction with a single-family residence and available only to
the family of the householder and his private guests for swimming,
diving, and other aquatic sports and recreation, provided that said
swimming pool shall have a depth of not less than 24 inches or a surface
area of not less than 250 square feet, except when such pools are
permanently equipped with a water recirculating system or involve
structures materials.
TENANT
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
TOWNHOUSE-DUPLEX COMBINATION
A building designed for occupancy by two families or households
separated from each other by an unpierced ceiling and floor extending
from exterior wall to exterior wall, except for a common stairwell
exterior to both units, which is attached to other similar two-family
or single-family building by means of party walls extending from foundation
to roof and/or by a common stairwell. For the purposes of this chapter,
each building may be owned in fee simple, condominium or cooperative
ownership or each unit may be owned in cooperative or condominium
ownership.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for carrying or storage of materials, goods or objects.
[Added 9-14-2021 by Ord.
No. 25-21]
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TRAVEL TRAILER
An enclosed mobile vehicle designed and constructed so as
to permit occupancy for dwelling or sleeping purposes on a temporary
basis and to be moved on wheels. For the purpose of this article,
this definition shall be construed to include vehicles having a self-contained
means of locomotion and collapsible camping trailers. No vehicle under
this definition shall be more than 30 feet in length.
TRIPLEX
A building containing three dwelling units, each of which
has direct access to the outside.
UTILITY BUILDING
An accessory structure either prefabricated or built using
approved construction materials not exceeding a building height of
12 feet or exceeding 200 square feet in area, to be used only for
the storage of articles and materials accessory to a residential use
in any residential zone. There shall not be more than two utility
buildings on a single lot that is two acres or less in size, and the
total area of all utility buildings on a lot shall not exceed 200
square feet.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the Municipal Land Use Law.
VERTICAL FLATS
At least two single-story residential dwellings with direct
access to the ground floor by either individual or shared-entry access.
[Added 6-26-2018 by Ord.
No. 15-18; amended 12-8-2020 by Ord. No. 13-20]
WALL
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent soil erosion; structure
erected to provide enclosure and screening of areas.
WETLANDS
Those areas that are inundated by surface water or groundwater
with a frequency sufficient to support, and under normal circumstances
does or would support, a prevalence of vegetative or aquatic life
that requires saturated or seasonally saturated soil conditions for
growth and reproduction. Wetlands include, but are not limited to,
swamps, marshes, bogs and similar areas such as sloughs, potholes,
wet meadows, river overflows, mud flats and natural ponds. Wetlands
shall include, but not be limited to, those shown on the U.S. Department
of the Interior wetlands maps, or similar maps published by the New
Jersey Department of Environmental Protection.
WIRELESS TELECOMMUNICATION EQUIPMENT
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as a wireless telecommunication
tower or antenna. Such facilities include transmission equipment,
storage sheds, storage buildings and security fencing.
WIRELESS TELECOMMUNICATION TOWER
A freestanding vertical structure designed to support one
or more wireless telecommunication antennas, including monopoles,
guyed towers, lattice towers and similar structures.
YARDS; FRONT YARD
An open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the front street property line and the nearest point of any structure on the lot. Any lot abutting a street less than 50 feet in width shall be construed as having a front street property line or side street property line located 25 feet from the center line of the street. Any lot abutting a street shown as greater than 50 feet on the master plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required herein. Any lot abutting a designated LCR street as defined in §
600-167B shall provide a front yard setback measured from the actual right-of-way width, or a right-of-way width of 30 feet, whichever is greater.
YARDS; REAR YARD
An open space unoccupied except by a use as hereinafter specifically
permitted, extending across the full width of a lot and lying between
the rear lot line and the nearest point of the principal structure
on the lot.
YARDS; SIDE YARD
An open space unoccupied, except by a use as hereinafter
specifically permitted, extending between the front yard and the rear
yard of a lot and lying between the side lot line and the nearest
point of any structure on the lot.
ZONING MAP
The Zoning Map of the Township of Denville, New Jersey, dated
together with all amendments subsequently adopted.
ZONING PERMIT
A document signed by the administrative officer:
(1)
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
(2)
Which acknowledges that such use, structure or building complies with the provisions of Part
4, Zoning, of this chapter, or variance therefrom duly authorized by a municipal agency pursuant to the Municipal Land Use Law.