[Ord. #1007, A2; Ord. #1032, S1; Ord. #1041, S7; Ord. #1085,
SI; Ord. #1087, SIV; Ord. #1129, S4; Ord. #1282, S6; Ord. #1288, S1;
Ord. #1291, S1]
For the purpose of this chapter, certain words are defined as
follows: Any work not defined herein shall be construed to have the
meaning that is conferred upon it by standard usage for the context
in which the word is used. However, if said word is defined by the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., that word shall
have the same meaning conferred upon it by that statute unless a contrary
intent is clearly expressed from the context of this chapter.
Words used in the present tense include the future; words in
the singular number include the plural number and vice versa.
The words "used for" include "designed for" and vice versa.
The word "used" shall include arranged, designed, constructed,
altered, converted, rented, leased, or intended to be used; the word
"building" includes the word "structure;" the word "dwelling" includes
the words "residence" and "housing unit;" the word "shall" is mandatory
and not discretionary.
ACCESSORY BUILDING OR USE
Shall mean a use or structure customarily incidental and
subordinate to the principal use of land or buildings, and located
on the same lot with such principal use or building.
ADMINISTRATIVE OFFICER
Shall mean the borough's zoning official who shall be designated
as the administrative officer for purposes of this chapter.
AGE-RESTRICTED HOUSING
Shall mean housing designated for and occupied by at least
one (1) person fifty-five (55) years of age or older per dwelling
unit and which has significant facilities and services specifically
designed to meet the physical or social needs of older persons.
ALLEY
Shall mean a minor way that is used primarily for vehicular
service 'access to the rear or side of properties that otherwise abut
on a street.
ALTERATION
Shall mean any change or rearrangement in the structural
parts or in the exit facilities; or an enlargement whether by extending
on a side or by increasing in height; including work, other than repairs,
that would affect safety or a vital element of an elevator, plumbing,
gas piping, wiring, ventilating or heating installation; the term
"alter" in its various moods and tenses and its principal forms, refers
to the making of an alteration.
ANTENNA
Shall mean a conventional television or radio antenna or
satellite dish antenna, as defined by this chapter.
APARTMENT HOUSE
Shall mean any multifamily dwelling for three (3) or more
families, living independently of each other, and having separate
cooking and sanitary facilities.
AUTO REPAIR SHOPS
Shall mean premises used for the mechanical repair or painting
and bodywork of motor vehicles.
AUTOMOBILE SERVICE STATION or GASOLINE STATION
Shall mean a building or place of business where gasoline,
fuel, oil and grease and/or batteries, tires and automobile accessories
are supplied and dispensed directly to the motor vehicle trade, and
where mechanical repair but not body repair may be rendered as an
accessory activity, provided that all mechanical repair may be rendered
as an accessory activity, provided that all mechanical repair takes
place within the confines of a building.
BASEMENT
Shall mean a space having less than half (1/2) of its clear
height below finished grade.
BILLBOARD
Shall mean any outdoor advertising sign other than one related
to a business conducted on the premises or lot.
BLOCK
Shall be considered as all those lots fronting on the same
side of the street between and including corner lots. All those lots
fronting on a cul-de-sac shall be construed as being included in one
block.
BOROUGH ENGINEER
Shall mean a licensed professional engineer of the State
of New Jersey hired by the governing body to provide professional
services to the borough and its agencies.
BUILDING
Shall mean any structure having a roof supported by columns,
posts, or walls and intended for the shelter, housing or enclosing
of persons, animals or property.
BUILDING AREA
Shall mean the total areas taken on a horizontal plane at
the main grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT OF
Shall mean the vertical distance measured from the average
elevation of the finished grade along the front of the building to
the highest elevation of the roof surface.
BUILDING LINE
Shall mean a line, established by law, beyond which a building
shall not extend, except as specifically provided law.
CARPORT
Shall mean an attached or detached accessory building to
be considered an enclosed building, designed for the storage of motor
vehicles and constructed primarily as an open building with only a
roof and the necessary supporting columns and a minimum area of two
hundred (200) square feet.
CELLAR
Shall mean a space having more than half (1/2) of its clear
height below finished grade.
COMMERCIAL VEHICLE
Shall mean any bus, taxi, truck, tractor, trailer, van or
any type of motor vehicle that is not manufactured and designed as,
or normally considered to be, a passenger car or station wagon, provided
that a recreational vehicle shall not be considered a commercial vehicle.
COMMUNICATIONS ANTENNA
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, radio
frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
COMMUNICATION TOWER
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas for
telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures,
and similar structures. The term shall include the structure and any
support thereof, together with other accessory structures and equipment
associated therewith.
CONVENIENCE STORE
Shall mean a retail business or establishment engaged in
the sale of consumer goods, having a floor area of less than five
thousand (5,000) square feet and open for business sixteen (16) or
more hours per day on a regular basis.
CROSSWALK
Shall mean a right of way, dedicated to public use, to facilitate
pedestrian access through a paved public street.
DISPATCH SERVICES
Shall mean any use that primarily involves motor vehicles
to provide transportation-related services, including, but not limited
to taxis, buses, limousines, and ambulances, on an as-needed basis
involving direct customer contact at the time the service is required.
DISTRICT
Shall mean any part of the territory of the borough to which
certain uniform regulations and requirements of this chapter apply.
DONATION STORAGE BIN
Shall mean any enclosed receptacle or container made of wood,
metal, steel, or similar materials, or combination of materials, that
is designed or intended for the deposit of and/or the temporary storage
of clothing or other goods that are being donated or held for donation.
DRAINAGE RIGHT OF WAY
Shall mean the lands or interest in lands required for the
installation of storm water sewers or drainage ditches, or land or
interests therein required along a natural stream or watercourse for
preserving the channel and providing for the flow of water therein
so as to safeguard the public against flood damage in accordance with
N.J.S.A. 58:1-1 et seq.
DWELLING, ONE (1) FAMILY
Shall mean a detached building occupied and intended to be
occupied exclusively for residence purposes by not more than one (1)
family.
DWELLING UNIT
Shall mean a building or part thereof having cooking, living
and sanitary facilities for the exclusive use of one (1) family.
EASEMENT
Shall mean a use or burden imposed on real estate by deed
or other legal means to permit the use of land by the public, a corporation
or particular persons for specified use.
FAMILY
Shall mean one (1) or more persons living together as a single,
nonprofit housekeeping unit whose relationship is of a permanent and
domestic character, as distinguished from fraternities, sororities,
societies, clubs, associations, lodges, combines, halfway houses,
shelters, specialized housing and other forms of transient associations.
Nothing herein contained shall be deemed to interfere with or restrict
the placement of children in a group home pursuant to N.J.S.A. 40:55D-66,
or any other use of a single family dwelling protected by State statute.
FAST SERVICE CARRY OUT ESTABLISHMENT
Shall mean a business or establishment engaged primarily
in the sale of food, soft drinks, ice cream and similar confections,
that are packaged or served in paper, plastic or other types of disposable
wrappers and containers, and dispensed at service counters, either
inside or outside the confines of a building, or to persons in motor
vehicles, and sold for immediate consumption off premises.
FLOOR AREA
Shall mean the gross leasable floor area designed for tenant
or owner occupancy and exclusive use, including basements, mezzanines
and upper floors, if any, measured from center lines of joint partitions
and exteriors of outside walls.
GARAGE, PRIVATE
Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
owned by the occupants of the main building to which the garage is
accessory, and wherein not more than one (1) commercial vehicle not
to exceed six thousand five hundred (6,500) pounds G.V.W. in capacity
may be parked or stored.
GOVERNING BODY
Shall mean the mayor and council of the Borough of Bogota,
in the County of Bergen and the State of New Jersey.
HOME OCCUPATION
Shall mean an occupation carried on in a dwelling by one
(1) or more residents thereof, which occupation is incidental to the
use of the dwelling for dwelling purposes, does not objectionably
obtrude into the surrounding community and does not change the character
of the dwelling. A home occupation shall not be construed as to include
a tea room or restaurant, the conduct of an animal hospital or kennel,
a stable, an automotive repair shop, a barber shop, a beauty parlor,
a tavern, a mortuary, a store, a trade or business not herein permitted,
or any similar use. In the event that a person desired to conduct
an occupation that is not specifically prohibited herein, the zoning
official shall direct the applicant to apply to the Planning Board/Zoning
Board of Adjustment for a determination as to whether or not the contemplated
use falls within the definition of a home occupation.
[Amended by Ord. No. 11-2]
HOUSE OF WORSHIP
Shall mean a building used primarily for worship but not
including missions, district offices or regional headquarters of a
religious group.
JOINT SUBDIVISION AND SITE PLAN REVIEW COMMITTEE
Shall consist of the zoning officer, as well as four Planning
Board/Zoning Board of Adjustment members appointed by the chairman
of the board, with the consent of a majority of the board. This committee
shall review major development applications at the request of the
chairman of the Planning Board/Zoning Board of Adjustment and perform
such other duties as may be conferred on this committee by the Planning
Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
LIGHT INDUSTRY
Shall mean a use engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly and packaging.
LIVABLE FLOOR AREA
Shall mean the area of floors within a dwelling which area
is finished and in which are retained elements, such as walls, ceilings
and electrical wiring have been finished, and in which area the permanent
heating system has been installed. The following shall be excluded
from such area: cellars, porches, breezeways, the area immediately
beneath the roof rafters between the finished ceiling height and less
than four (4') feet above the finished floor under a pitches roof,
or less than seven (7') feet under a flat roof. Notwithstanding anything
herein to the contrary, the area of the second floor or story shall
not be counted as livable floor area, despite the fact that the same
is finished as aforesaid, unless the second floor or story is connected
by a permanent built-in stair area with the floor below.
LOADING SPACE
Shall mean an off-street space or berth on the same lot with
a building, or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchandise
or materials.
LOT
Shall mean a place or parcel of land abutting on a street,
whose area in addition to the parts thereof occupied or which may
be hereafter occupied by a principal building and its accessory buildings,
is sufficient to provide the yard space required in this chapter and
conforming to minimum area requirements of this chapter.
LOT, CORNER
Shall mean a lot at the junction of and abutting on two (2)
or more intersecting streets when the interior angle of intersection
does not exceed one hundred thirty-five (135o) degrees. On a corner lot, the owner shall have the privilege of
selecting any abutting street line as the front line, providing such
designation is clearly shown on the building plans filed with and
approved by the zoning official. However, each side of a corner lot
abutting a street line shall meet the minimum requirements for front
yard and lot width at the street line as set forth for the specific
district involved in the Schedule of Limitations of this chapter.
LOT COVERAGE
Shall mean the area of the lot covered by structures and
paved surfaces. For purposes of computing lot coverage only, a swimming
pool shall not be considered a structure.
LOT DEPTH
Shall mean the average horizontal distance between the front
and rear lot lines measured perpendicular to (or radial on curved
streets) the front lot line.
LOT LINE
Shall mean the legal boundaries of a lot as determined by
an accurate survey or in the records of the borough engineer.
LOT LINE, FRONT
Shall mean the right of way line of the street on which a
lot fronts or abuts. The front lot line of all corner lots shall be
determined by the owner. See "lot, corner."
LOT LINE, REAR
Shall mean a lot line other than another front line on another
street which is both opposite the front lot line and is the farthest
rear boundary line from the street.
LOT LINE, SIDE
Shall mean any lot line not a front line or rear lot line,
including a lot line of an offset portion of a lot which may be the
rear line of an adjacent line.
LOT WIDTH
Shall mean the average horizontal distance between the side
lot lines, measured along the front lot line.
MAIN BUILDING
Shall mean a building situated on a lot in which the principal
use is conducted.
MAINTENANCE GUARANTEE
Shall mean any security which may be accepted by a municipality
for the maintenance of any improvements required by this act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
MASTER PLAN
Shall mean a comprehensive plan consisting of mapped and
written proposals for the future growth, protection and development
of the Borough of Bogota, recommending standards for the promotion
of the comfort, convenience, public health, safety and general welfare
of the community, which plan was duly adopted by the Planning Board/Zoning
Board of Adjustment.
[Amended by Ord. No. 11-2]
MULTI-FAMILY HOUSING DEVELOPMENT
Shall mean a building containing three (3) or more dwelling
units occupied or intending to be occupied by persons living independently
of each other or a group of such buildings.
NONCONFORMING LOT
Shall mean a lot the area, dimension or location of which
was lawful prior the adoption, revision or amendment of this chapter,
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
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment.
NONCONFORMING USE
Shall mean a use or activity that was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
NUISANCE
Shall mean any unreasonable practice or thing that causes
injury to the health or comfort of ordinary people to an unreasonable
extent, especially a continuing or repeated invasion or disturbance
of another's rights, including the actual or potential emanation of
any physical characteristics of activity or use across a property
line which can be perceived by or affects an ordinary person, or the
generation of an excessive or concentrated movement of people or things
such as, but not limited to: noise; dust; smoke; fumes; odor; glare;
flashes; vibration; shock waves; heat; electronic or atomic radiation;
objectionable effluent; noise of congregation of people, especially
at night; passenger traffic; transportation of things by truck, rail
or other means.
OBSCENE MATERIAL
Shall mean any description, narrative account, display, or
depiction of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance, or film, which by means, of posing, composition,
format or animated sensual details:
a.
Depicts or describes in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals,
b.
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole, and
c.
Is a part of a work, which to the average person applying contemporary
community standards, has a dominant theme taken as a whole, which
appeals to the prurient interest.
OFFICIAL MAP
Shall mean a map adopted by ordinance pursuant to N.J.S.A.
40:55D-32 et seq. Such a map shall be deemed conclusive with respect
to the location and width of streets, public parks and playgrounds,
and drainage rights of way shown thereon.
OFFICIAL NOTICE
Shall mean notification of all property owners affected by
the proposed development within the limits defined in this chapter
by either registered mail or delivery in person to the owner, his
agent or to a competent member of his household over fourteen (14)
years of age, and the requirement to have a notice of the public hearing
published in a newspaper of general circulation within the borough
at least ten (10) days prior to the hearing.
OPEN SPACE
Shall mean any part of a lot with a building which is unbuilt
upon and intended to meet the side, rear or front yard requirements
of this chapter, or an open area of potentially developable use as
park or active recreational area.
OWNER
Shall mean any person or legal entity having legal title
to the lands sought to be developed or having written consent from
the legal owner of said lands to act on his behalf.
PARKING AREA, PRIVATE
Shall mean a paved area, other than street, used for the
parking of automobiles in the same manner as a private garage.
PARKING AREA, PUBLIC
Shall mean a paved area, other than street or other public
way, used for the parking of automobiles and available to the public
whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACE
Shall mean an off street area of not less than one hundred
sixty-two (162) square feet, nine (9') feet by eighteen (18') feet,
either within a structure or garage or in the open, exclusive of driveways
or access drives, for the parking of a motor vehicle, and having direct
access to a street or alley.
PERFORMANCE GUARANTEE
Shall mean any security, which may be accepted by a municipality,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.1 and cash.
PERMITTED USE
Shall mean any use of the land as permitted according to
this chapter. The term "permitted use" or its equivalent shall not
include any nonconforming use.
PERSON
Shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
PLAT, PRELIMINARY
Shall mean the preliminary map indicating the proposed layout
of the proposed development which is submitted to the secretary of
the board for consideration and tentative approval.
PLAT, FINAL
Shall mean the final map of all or a portion of the subdivision
which is presented to the board for final approval in accordance with
the regulations of this chapter, and which, if approved, shall be
filed with the proper County Recording Officer.
PORTABLE SIGN
Shall mean any sign that permanently attaches to the ground
or a building.
PROFESSIONAL OCCUPATION
Shall mean a professional activity that is carried on as
an accessory use of a residential lot by one (1) or more residents
thereof who are duly licensed by the State of New Jersey and practicing
as an architect, attorney at law, certified public accountant, dentist,
licensed professional engineer, medical doctor, osteopath, chiropractor,
optometrist, chiropodist, podiatrist, physical therapist or psychologist.
Such a use must be carried on (a) wholly within a completely enclosed
building, (b) in an area equal to or not more than one-half (1/2)
of the area of the ground floor of the principal building, and (c)
by not more than one (1) person other than members of the family residing
on the premises shall be employed, and (d) no exterior sign for display
shall be allowed for said use except as permitted by this chapter.
RECREATIONAL VEHICLE
Shall mean a vehicle, either self propelled or capable of
being towed by a passenger car, station wagon or pickup truck, of
such size and weight as not to require any special highway movement
permits and primarily designed or constructed to provide temporary,
movable, livable quarters for recreational, camping or travel use,
or to carry such equipment but not for profit or commercial use. Included
as "recreational vehicle," but not to the exclusion of any other types
not herein mentioned are trailers, trailer coaches, camping trailers,
motor homes, pickup (slide in) campers, chassis mounts, converted
vans, chopped vans, mini motor homes, fifth-wheel trailers of "recreational
vehicle" construction, design and intent (as opposed to commercial
fifth-wheel trailers), boats and boat trailers, snowmobile and snowmobile
trailers, and truck caps.
RECYCLING AREA
Shall mean space allocated for collection and storage of
source-separated recyclable materials.
RESERVE STRIP
Shall mean that parcel of undeveloped land designated for
dedication as a public or quasi public use.
RESTAURANT
Shall mean and include any restaurant, coffee shop, cafeteria,
short order cafe, luncheonette, tavern, sandwich stand, and any other
place in which food is sold for consumption on the premises.
RIGHT OF WAY
Shall mean the land and space required on the surface, subsurface
and overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, trees and shrubbery and the
proper amount of light and air as established by local authorities.
Street rights of way shall be measured from lot line to lot line.
ROOMING HOUSE
Shall mean any building or portion thereof containing sleeping
accommodations without individual cooking facilities and rented for
compensation to people who are not members of the family as defined
in this section. The term "rooming house" shall be deemed to include
lodging house and boarding house.
SATELLITE DISH ANTENNA
Shall mean an apparatus capable of receiving signals from
geostationary orbital satellites.
SEXUALLY ORIENTED BUSINESS
Shall mean:
a.
A commercial establishment that, as one of its business purposes
offers for sale, rental, or display any of the following: books, magazines,
periodicals or other printed material; computer programs or software;
or photographs, films, compact or video disks, motion pictures, video
cassettes, slides or other visual representations which depict or
describe a specified sexual activity or specified anatomical area;
or still or motion picture machines, projectors, or other image-producing
devices that show images to one (1) or more person per machine at
any one (1) time, and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area; or instruments, devices, or paraphernalia that are designed
for use in connection with a specified sexual activity; or
b.
A commercial establishment that features live performances characterized
by the exposure of a specified anatomical area or by a specified sexual
activity, or that regularly shows films, motion pictures, video cassettes,
slides, or any computer generated or electronically generated images
or other photographic representations that depict or describe a specified
sexual activity or specified anatomical area.
SIGN
Shall mean a structure that is arranged, intended, designed
or used as an advertisement, announcement or directory. For the purpose
of this chapter, the term "sign" shall mean and include every sign,
billboard, ground sign, roof sign, sign painted or printed on the
exterior surface of a building or structure, illuminated sign, temporary
sign, awning, banner or canopy, and shall include any announcement,
declaration, demonstration, display, illustration or insignia used
to advertise or promote the interests of any person or product when
the same is placed in view of the general public.
SPECIFIED ANATOMICAL AREA
Shall mean:
a.
Less than completely and opaquely covered human genitals, pubic
region, buttock, or female breasts below a point immediately above
the top of the areola; or
b.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
a.
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock, or female breast; or
b.
Any actual or simulated act of human masturbation, sexual intercourse,
oral sex, or deviate sexual intercourse.
STORY
Shall mean that part of any building comprised between the
level of one (1) finished floor and the level of the next higher finished
floor, or if there is no higher finished floor, then that part of
the building comprised between the level of the highest finished floor
and the top of the roof beams.
STREET
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way (a) which is an existing State, County,
or municipal roadway, or (b) which is shown upon a plat heretofore
approved pursuant to law, or (c) which is approved by official action
as provided by the Municipal Land Use Law, or (d) 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/Zoning Board
of Adjustment 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.
For the purpose of this chapter, streets shall be classified as follows:
[Amended by Ord. No. 11-2]
STREET, ARTERIAL
Shall mean a street used primarily for fast or heavy volumes
of traffic and used generally to proceed between major urban centers,
or other large areas of development as commercial centers, industrial
areas, and concentrated residential communities through or around
the locality of the borough.
STREET, COLLECTOR
Shall mean those which carry traffic from local streets to
the arterial streets and designed to have considerable continuity
and traffic capacity.
STREET, CUL-DE-SAC
Shall mean a local dead end street terminating in a circular,
or other turn around area generally not used for ingress and egress
by more than twenty (20) abutting lots and not longer than five hundred
(500) feet.
STREET, LOCAL
Shall mean those streets which need to be entered only for
stopping at a designation on that street and which need not be used
for general traffic circulation through the borough.
STREET LINE
Shall mean the dividing line between the street right of
way and a lot. Where title to land extends to the center of a road,
easement, or right-of-way, the side line of such road, easement or
right-of-way shall be deemed to be the street line of a street.
STRUCTURE
Shall mean anything constructed or erected which requires
permanent location on the ground or attachment to something having
such location.
SUBDIVISION
Shall mean the division of a lot, tract, or parcel of land
into two (2) or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this act, if no new streets are created: (a)
divisions of land found by the Planning Board/Zoning Board of Adjustment
subdivision committee thereof appointed by the chairman to be for
agricultural purposes where all resulting parcels are five (5) acres
or larger in size, (b) divisions of property by testamentary or interstate
provisions, (c) divisions 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 (1) or more adjoining lots, tracts or parcels of land, owned
by the same person or persons and all of which are found and certified
by the administrative officer to conform to the requirements of the
municipal development regulations and are shown and designated as
separate lots, tracts or parcels on the tax map or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINOR
Shall mean a subdivision of land for the creation of not
more than two (2) lots provided that such subdivision does not involve
(a) a planned development, (b) any new street or (c) the extension
of any off tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
SWIMMING POOL, PRIVATE, RESIDENTIAL
Shall mean a tank or basin of water, containing in excess
of five hundred (500) gallons, to be used for private, recreational
swimming by private families and their social guests on residential
premises.
USE
Shall mean the specific purpose for which a parcel of land
or a building or a portion of a building is designed, arranged, constructed,
altered, converted, occupied, maintained, rented, leased or intended
to be used.
WALKWAY
Shall mean a right of way, dedicated to public use, to facilitate
pedestrian access through a subdivision.
YARD
Shall mean the space on a lot extending along a lot line
between such lot line and a principal building, or nonbuilding use
occupying such lot.
YARD, FRONT
Shall mean an open space extending across the full width
of the lot, the depth of which is the minimum distance between the
nearest point on the street line and the nearest part of the main
or accessory building.