Township of Denville, NJ Definitions and Word Usage

A change from a residential use to a permitted nonresidential use.

A change from one type of nonresidential use to another type of permitted nonresidential use.

FRONT STREET PROPERTY LINE

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.

CONVENTIONAL

Development other than planned development.

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.

COUNTY PLANNING BOARD

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]

DAYS

Calendar days.

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, DETACHED

A dwelling which is completely surrounded by permanent open spaces.

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, PATIO HOME

A one-family dwelling with yard setbacks on three sides and having a court.

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.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

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.

FARMER'S MARKET PERMIT

A permit issued in accordance with the standards set forth in § 600-161.

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.

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.

GOVERNING BODY

The Township Council of the Township of Denville.

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

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and

LIFE CARE/CONTINUING CARE COMMUNITY

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.

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 FRONTAGE

The length of the front lot line.

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 LINE, SIDE

Any lot line other than a front or rear 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.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

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:

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

MOTOR VEHICLE BODY REPAIR SHOP

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.

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.

MUNICIPALITY

Any city, borough, town, township or village.

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.

PRIVATE SWIMMING POOL

See "swimming pool (private)."

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

Public parks, playgrounds, trails, paths and other recreational areas;

Other public open spaces;

PUBLIC DEVELOPMENT PROPOSAL

Scenic and historic sites;

(4)

Sites for schools and other public buildings and structures.

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:

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.

RENTAL/LEASED RESIDENTIAL DWELLING

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]

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

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

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.

SHOPPING CENTER

See "planned commercial development."

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:

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, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and

Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board 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:

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

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

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.

TOWNHOUSE-DUPLEX COMBINATION

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.

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 ANTENNAS

A system of electrical conductors that transmit or receive radio frequency signals for wireless telecommunication towers.

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 EQUIPMENT COMPOUND

Fenced-in area which houses wireless telecommunication buildings, antennas, equipment and/or towers.

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:

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