[Ord. No. 751 § 24-1]
The short form by which this chapter may be known shall be the "Land Development Ordinance of the Borough of Peapack and Gladstone."
[Ord. No. 751 § 24-2]
This chapter is adopted pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.), and subsequent amendments and supplements thereto, in order to promote and protect the public health, safety, morals and general welfare.
The purposes of this chapter are as follows:
a. 
To plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals and general welfare in the following manner:
1. 
By regulating the location of buildings and establishing standards of development; establishing building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines; and to fix reasonable standards to which buildings or structures shall conform.
2. 
By prohibiting incompatible uses; and prohibiting uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.
3. 
By regulating alterations of existing buildings; and preventing such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
4. 
By conserving the value of land and buildings throughout the Borough.
b. 
To secure safety from fire, flood, panic and other natural and man-made disasters.
c. 
To provide adequate light, air and open space.
d. 
To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
e. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of the neighborhoods, preservation of the environment and quality of life.
f. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
g. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
h. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.
i. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
j. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper land use.
k. 
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
l. 
To provide, within the community's resources, the future housing needs of the citizens of the Borough of Peapack and Gladstone.
m. 
To encourage senior citizen community housing construction.
n. 
To promote utilization of renewable energy sources.
o. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
[Ord. No. 751 § 24-3]
a. 
Where the provisions of this chapter impose greater restrictions than those imposed by any other provisions of law or by other ordinances, regulations or resolutions, the provisions of this chapter shall control. Where the provisions of any other law, ordinance, regulation or resolution impose a greater restriction than those imposed by this chapter, the provisions of such other law, ordinance, regulation or resolution shall control.
b. 
The provisions and requirements of this chapter shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements established by any law, ordinance, rules or regulation or by deed restriction, private covenant or agreement. Where this chapter imposes a greater restriction or limitation upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot areas or larger yards, courts or other open spaces than are presently imposed or required by existing provisions of law or ordinance, by existing rules, regulations or permits or by covenants or restrictions imposed by deed or private agreements, the provisions of this chapter shall control.
[Ord. No. 751 § 24-4]
Following the effective date of this chapter, the establishment of any use not expressly permitted by this chapter shall be prohibited.
[Ord. No. 751 § 24-5]
For the purposes of this chapter:
a. 
The present tense shall include the future.
b. 
The singular number shall include the plural and the plural the singular.
c. 
The word "shall" is always mandatory; the word "may" is discretionary.
d. 
The words "zone" and "district" are synonymous, and whenever the term "structure" is used, it shall be construed to mean and include the term "building."
[Ord. No. 751 § 24-6; Ord. No. 759 § 1; Ord. No. 780 §§ 1,2; Ord. No. 805 § 4; Ord. No. 811 §§ 2,3; Ord. No. 898 § 1; Ord. No. 1015-2015 § 3; Ord. No. 2017-1047]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or the latest edition). Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term shall have the same meaning as the State statute, which shall be from time to time amended.
ABUTTING COUNTY ROAD
Shall mean any existing or proposed County road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCELERATION OR DECELERATION LANE
Shall mean an added roadway lane which permits integration and merging of slower-moving vehicles into the main vehicular stream or slowing down of vehicles. See Figure 1.
023 Figure 1.tif
ACCESS
Shall mean a physical entrance to property.
ACCESSORY BUILDING OR STRUCTURE
Shall mean a building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof.
ACCESSORY USE
Shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
ADDITION
Shall mean a structure added to the original structure at some time after the completion of the original structure.
ADMINISTRATIVE OFFICER
Shall mean the Administrative Secretary of the Land Use Board of the Borough of Peapack and Gladstone.
ADVERSE DRAINAGE CONDITION
Shall mean the absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan of such location, size, design, construction or condition which would provide adequately for storm drainage, or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property, or remove the threat of such damage.
ADVERSE EFFECT
Shall mean the results of development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions shall relate to circulation, drainage, erosion, potable water, sewage collection and treatment or those factors specifically set forth in Article V.
ADVERSE ENVIRONMENTAL IMPACT ELEMENT
Shall mean any environmental pollutant such as smoke, odors, liquid wastes, radiation, noise, vibrations, glare, trespass lighting or heat.
AGRICULTURE
Shall mean the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to humans including forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, horses, ponies and livestock, bees and apiary products, trees and forest products.
AGRICULTURE BUILDING
Shall mean any building used for the housing of agricultural, horticultural, equestrian or silvicultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located or operated in conjunction with the operation of agricultural, horticultural, equestrian or silvicultural activity.
AISLE
Shall mean the traveled way by which cars enter and depart parking spaces.
ALTERATION
Shall mean any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. Alteration shall also mean and include any conversion of a building or a part thereof from one use to another or the moving of a building or structure from one location to another. Alteration shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance and/or improvements of the appearance.
APPLICANT
Shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVED PLAN
Shall mean a plan which has been granted final approval by the Land Use Board of the Borough of Peapack and Gladstone.
APPROVING AUTHORITY
Shall mean the Borough of Peapack and Gladstone Land Use Board, unless a different agency is designated by this chapter.
Assisted living residence
[Deleted by Ord. No. 1015-2015 § 3]
ASSOCIATION
Shall mean the entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.
ATTIC
Shall mean the open nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
BASE FLOOD ELEVATION
Shall mean the highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.
BASEMENT
Shall mean a space partially below grade level having one-half (1/2) or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6 1/2) feet.
BERM
Shall mean a mound of earth or the act of pushing earth into a mound.
BICYCLE LANE
Shall mean a lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BICYCLE PATH
Shall mean a pathway, often paved and separated from streets and sidewalks, designed to be used by bicycles.
BILLBOARD
Shall mean a sign advertising an occupant, product or service on other than the lot upon which the billboard is located.
BLOCK
Shall mean the area bounded by one (1) or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.
BOARD
Shall mean the Borough of Peapack and Gladstone Land Use Board.
BOARDER
Shall mean a person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration. Not more than two (2) persons who are not members of the family shall be permitted in any one (1) dwelling.
BOROUGH ENGINEER
Shall mean that person appointed to the position by the Borough Council.
BRIDGE
Shall mean a structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.
BUFFER
Shall mean a strip of land containing natural woodlands, earth mounds, or other planted screening materials used to physically separate or screen one use or property from another so as to minimize adverse impacts. No building, parking area, driveway (except to provide access to the property and which is perpendicular to the buffer area) street, sign (except directional sign) or storage of materials shall be permitted in such buffer.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
Shall mean the ratio of the horizontal area of all principal and accessory buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area. See Figure 2.
BUILDING ENVELOPE
Shall mean the two-dimensional space within which a principal building is permitted to be built on a lot and which is defined by minimum yard setbacks. See Figure 2.
023 Figure 2.tif
BUILDING HEIGHT
See Height of building.
BUILDING LINE
Shall mean a line parallel to the street line or the lot line touching that part of a building closest to the street or lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface. All yard requirements shall be measured to the building line. See Figure 2.
CALIPER
Shall mean the diameter of a tree trunk measured in inches a distance of six (6) inches off the ground.
CANOPY
Shall mean a self-supporting roof-like shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to said building, which shall be construed to be a part of the building to which it is affixed.
CAPITAL IMPROVEMENT PROGRAM
Shall mean a timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.
CARPOOL
Shall mean a single-vehicle, share-the-expense method of transportation for two (2) or more individuals who regularly travel together to a common destination.
CARPORT
Shall mean a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three (3) sides.
CARTWAY
Shall mean the hard or paved area of a street between the curbs, including travel lanes and parking areas but not including shoulders, curbs, sidewalks or swales. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CELLAR
Shall mean a space with less than one-half (1/2) of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6 1/2) feet.
CERTIFICATE OF OCCUPANCY (CO)
Shall mean a document issued by the Construction Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and/or renovated according to, and in compliance with all the applicable State codes and municipal ordinances and resolutions.
CHANGE OF USE
Shall mean any use which substantially differs from the previous use of a building or land.
CHANNEL
Shall mean a definable bed and banks of a watercourse which confine and conduct flowing water continuously or intermittently.
CHILD CARE CENTER
Shall mean an establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (C. 30:5B-1 et seq.).
CIRCULATION
Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
COMMON OPEN SPACE
Shall mean 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
Shall mean ownership of two (2) or more contiguous parcels of real property by one (1) person or by two (2) or more persons or entity owning such property jointly.
COMMON WATER/SEWERAGE
Shall mean water supply and sewage disposal systems, whether privately or publicly owned and operated, that serve two (2) or more dwellings or other buildings.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Shall mean any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.), as amended from time to time, providing food, shelter, and personal guidance, under such supervision as required, to not more than fifteen (15) developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136; c. 26:2H-1 et seq.).
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
Shall mean a community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.), as amended from time to time, providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, 1971, c. 136 (C. 26:2H-1 et seq).
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Shall mean any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, for not more than fifteen (15) terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (C. 30:14-1 et seq.), as amended from time to time, providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPLETE APPLICATION
Shall mean an application form completed as specified by this chapter and the rules and regulations of the Borough and all accompanying documents required by this chapter for approval of the application for development.
COMPOSTING
Shall mean a controlled process of degrading organic matter by microorganisms.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Land Use Board.
CONDOMINIUM
Shall mean the form of ownership of real property under a master deed providing for ownership by one (1) or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONFERENCE CENTER
Shall mean a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, resource facilities and meeting rooms.
CONSTRUCTION OFFICIAL
Shall mean the Construction Official of the Borough of Peapack and Gladstone.
CONSTRUCTION PERMIT
Shall mean legal authorization for the erection, alteration or extension of a structure.
CONTIGUOUS PARCELS
Shall mean tracts of land which share a common boundary.
COUNTY MASTER PLAN
Shall mean a composite of the plan elements for the physical development of Somerset County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.
COUNTY PLANNING BOARD
Shall mean the Somerset County Planning Board.
COURT
Shall mean any open space, unobstructed from the ground to the sky, that is bounded on two (2) or more sides by the walls of a building.
CUL-DE-SAC
Shall mean the turnaround at the end of a dead-end street.
CULVERT
Shall mean a structure under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system.
CURB CUT (DROP CURB)
Shall mean the opening along the curbline at which point vehicles may enter or leave the roadway.
CUT
Shall mean portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
DAYS
Shall mean calendar days.
DEAD-END STREET
Shall mean a street or portion of a street which is accessible by a single means of ingress or egress.
DEDICATION FOR STREET PURPOSES
Shall mean a dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DENSITY
Shall mean the permitted number of dwelling units per gross area of land to be developed.
DEP
Shall mean New Jersey Department of Environmental Protection.
DETENTION BASIN
Shall mean an impoundment area created by constructing an embankment, excavating a pit or both for the purpose of temporarily storing stormwater.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land 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
Shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstructtion, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbances and any use, change in use or extension of use of land for which permission may be required.
DEVELOPMENT CLUSTER
See Residential cluster.
DEVELOPMENT, CONVENTIONAL
Shall mean development other than planned development or cluster development.
DEVELOPMENT PLAN
Shall mean the application form and all accompanying documents required by this chapter for consideration by the Board for action on a development.
DEVELOPMENT REGULATION
Shall mean zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DEVELOPMENTALLY DISABLED
Shall mean a severe, chronic disability of a person which:
a. 
Is attributable to a mental or physical impairment or combination of mental or physical impairments;
b. 
Is manifest before age 22;
c. 
Is likely to continue indefinitely;
d. 
Results in functional limitations before the age of 22 in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and
e. 
Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are lifelong or extended duration and are individually planned and coordinated.
Developmental disability includes but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments which satisfies the criteria of Developmentally Disabled as defined herein.
[Ord. No. 2017-1047]
DIVERSION CHANNEL
Shall mean a drainage channel constructed across or at the bottom of a slope to divert water.
DRAINAGE
Shall mean the removal of surface water or groundwater from land by drains, grading or other means, which include controls of runoff during and after construction, or development to minimize erosion and sedimentation; and the means necessary for water supply preservation, prevention or alleviation of flooding.
DRAINAGE EASEMENT
Shall mean 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.
DRIVEWAY
Shall mean a paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a building or other structure or facility.
DRIVEWAY, COMMON
Shall mean a driveway which provides access to more than one (1) dwelling unit in the RE and RR-5 zones.
DRY WELL (SEEPAGE PIT)
Shall mean a covered pit with an open jointed lining into which water is piped or directed from roofs, basement floors, other impervious surfaces or swales or pipes to seep or percolate into the surrounding soil.
DWELLING
Shall mean a structure or portion thereof that is used exclusively for human habitation. Dwellings may include but are not limited to the following types:
a. 
Detached single-family shall mean a dwelling that is not attached to any other dwelling by any means.
b. 
Attached single-family/townhouse shall mean a one-family dwelling in a row of at least three (3) such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls.
c. 
Multi-family shall mean a building containing three (3) or more dwelling units that share common horizontal separations, including garden apartments.
d. 
Patio home shall mean a single-family unit joined together by terrace, patio, garage, porch or lanai.
e. 
Semidetached single-family shall mean a single-family dwelling attached to one (1) other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two (2) lots.
f. 
Two-family shall mean a building on a single lot containing two (2) dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
g. 
Mobile shall mean a structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
DWELLING UNIT
Shall mean one (1) or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT
Shall mean a grant of one (1) or more property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
ENCROACHMENT, FLOOD PLAIN
Shall mean any obstruction within a delineated floodway.
ENVIRONMENTAL COMMISSION
Shall mean a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL IMPACT ASSESSMENT
Shall mean a study to determine the potential direct and indirect effects of a proposed development on the environment.
EQUESTRIAN USE
Shall mean the breeding and/or boarding of horses.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXCAVATION
Shall mean removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.
EXISTING GRADE
Shall mean the vertical location of the ground surface prior to excavating or filling.
FAMILY
Shall mean one (1) or more individuals occupying a dwelling unit and living as a single household unit.
FAMILY DAY CARE HOME
Shall mean a private residence which is registered as a family day care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (C. 30:5B-16 et seq.); and is further defined as a private residence in which child care services are provided for a fee to not less than three (3) and no more than five (5) children at any one (1) time for not less than fifteen (15) hours per week.
FARM
Shall mean an area of land at least five (5) acres in area, which is actively devoted to agriculture, silviculture or horticulture.
FENCE
Shall mean a structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary.
FINAL APPROVAL
Shall mean the official action of the Land Use 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
Shall mean the final map of all or a portion of a development which is presented to the Board for final approval in accordance with these regulations and which, if an approved subdivision, shall be filed with the proper County Recording Officer.
FINANCIAL INSTITUTION
Shall mean any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.
FLOOD OR FLOODING
Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE POTENTIAL
Shall mean the susceptibility to damage by potential floods at that site, as well as a given site's potential to increase off-site flooding, as amended from time to time by the DEP.
FLOOD FRINGE AREA
Shall mean that portion of the flood plain outside of the floodway or encroachment lines, as amended from time to time by the DEP. See Figure 3.
FLOOD HAZARD AREA
Shall mean the flood plain consisting of the floodway and the flood fringe area. See Figure 3.
FLOOD HAZARD AREA DESIGN ELEVATION
Shall mean the elevation of the flood hazard area design flood, as amended from time to time by the DEP.
FLOOD HAZARD AREA DESIGN FLOOD
Shall mean the flood used in State Adopted Flood Studies. It is the flood resulting from the 100-year flood discharge increased by twenty-five (25%) percent, as amended from time to time by the DEP.
FLOOD PLAIN
Shall mean the area inundated by the regulatory flood including the watercourse that creates it, as amended from time to time by the DEP.
FLOODWAY
Shall mean the channel and portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the regulatory flood. The term floodway shall refer to both the delineated floodway on State Adopted Studies and the area between the encroachment lines located on both sides of a non-delineated watercourse, as amended from time to time by the DEP. See Figure 3.
023 Figure 3.tif
Figure 3
FLOOR AREA, NONRESIDENTIAL
Shall mean the sum of the area of all floors of buildings measured to the dimensions of the outside walls of the buildings, excluding attic, basement and cellar floor area not utilized for office or laboratory occupancy, parking garages, open porches, patios, terraces, breezeways, arcades, utility, mechanical and emergency power equipment areas, guard houses and any floor area if projected into an atrium space above the ground floor.
FLOOR AREA, RESIDENTIAL
Shall mean the sum of the gross horizontal areas of the full stories of a principal dwelling on a lot, which areas are surrounded by walls and covered by a roof. The floor area shall be measured from the faces of exterior walls or from the center line of a wall separating two (2) dwellings. The floor area calculation shall exclude attics, cellars, basements and any half-story.
FLOOR AREA RATIO (FAR)
Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site in accordance with the definitions of "Floor area, nonresidential" or "Floor area, residential", as the case may be.
FLY ASH
Shall mean particles of airborne matter, not including process material, arising from the combustion of fuel, such as coal, wood or oil.
FOOD ESTABLISHMENT
Shall mean an establishment primarily engaged in the retail sale of food which is processed or otherwise prepared for eventual consumption but not consumed on the premises. Such uses include but are not limited to the following: bakeries, delicatessens, ice cream parlors, and bagel shops. Where such uses have tables, such uses shall be deemed restaurants.
FRONTAGE
See Lot, frontage.
GARAGE, PARKING
Shall mean a building intended for the parking of motor vehicles.
GARAGE, PRIVATE
Shall mean a detached accessory building or a portion of the main building used primarily for the storage of a passenger vehicle or vehicles and not more than one (1) commercial vehicle of a rated capacity not exceeding three-quarter (3/4) tons, which commercial vehicle is owned or used by the occupant of the building to which the garage is accessory.
GARAGE, PUBLIC
Shall mean an enclosed building intended for the storage, servicing, or repair of motor vehicles as a business or any facility that is a part of an agency dealing in new or used motor vehicles. A public garage shall not include a car wash or auto detailing facility.
GASOLINE SERVICE STATION
Shall mean a place where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles and which may provide for minor repairs but shall not include auto body work, welding or painting, nor any repair work outside of the enclosed building.
GEOTECHNICAL ENGINEER
Shall mean a professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.
GEOTECHNICAL INVESTIGATION PROGRAM
Shall mean a program which identifies the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
GOVERNING BODY
Shall mean the Borough Council of the Borough of Peapack and Gladstone.
GOVERNMENT AGENCY
Shall mean any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and any County, city, township, borough, village, authority, district or other governmental unit.
GRADE, FINISHED
Shall mean the final grade or elevation of the ground surface conforming to the proposed design.
GRADING
Shall mean any operation that modifies the existing topography such as cutting, stripping, filling, stockpiling or any combination thereof.
GRASSED WATERWAY
Shall mean a natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
GROUND FLOOR
Shall mean the first floor of a building other than a cellar or basement.
HAZARDOUS MATERIALS
Shall mean such elements or compounds which, when discharged in any quantity into the environs of air, water or soil, present potential danger to the public health or welfare and vegetation or any forms of wildlife.
HEIGHT OF BUILDING
Shall mean the vertical distance from the average ground elevation around the foundation of a building or structure to the level of the highest point of the roof surface thereof, exclusive of the height exceptions defined in subsection 23-40.5.
HOME OCCUPATION
Shall mean a business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings, which business is clearly subordinate and ancillary to the principal single-family residential use of the property, and which business meets the conditional use standards and specifications for a home occupation specified in subsection 23-40.10b5 of this Land Development Ordinance. For purposes of this chapter, the term "home occupation" shall not include home offices, which are defined and governed separately in this Land Development Ordinance.
HOME OFFICE
Shall mean the accessory use of a portion of a single-family detached dwelling as an office area for use only by members of the household residing on the premises and in accordance with the requirements and restrictions specified in subsection 23-40.6b2 of this Land Development Ordinance.
HOMEOWNERS' ASSOCIATION
Shall mean a community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
HORTICULTURE
Shall mean the production, for sale or personal use, of vegetable, fruits, nuts and berries of all kinds, and nursery, floral, ornamental and greenhouse plants and products of all kinds.
HOUSE OF WORSHIP
Shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
HOUSEHOLD
Shall mean a family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
IMPERVIOUS COVERAGE
Shall mean any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings, parking areas, driveways, sidewalks, paving and patios, but not swimming pools. All required parking areas which are permitted to remain unimproved, all gravel areas and detention areas with clay lining shall be considered as impervious surfaces.
IMPROVED LOT
Shall mean a lot upon which exists a structure or building.
INTERESTED PARTY
Shall mean:
a. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
b. 
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 Borough, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, 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 act.
ISOLATED LOT
Shall mean an undeveloped substandard lot in separate ownership from surrounding property.
KARST
Shall mean a type of topography that is formed over limestone dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage and irregular bedrock surfaces.
LAND
Shall mean ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.
LAND DISTURBANCE
Shall mean any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
LIMESTONE
Shall mean a carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least eighty (80%) percent calcium or magnesium carbonate. In this section the term limestone shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marbles.
LINEATION
Shall mean any straight line of alignment of natural features seen on an aerial photograph or any geographically-referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.
LONG TERM CARE FACILITY/NURSING FACILITY/NURSING HOME — [Deleted by Ord. No. 1015-2015 § 3]
LOT
Shall mean a designated parcel, tract or area of land established by plat, or otherwise as permitted by law, and to be used, developed or built upon as a unit.
LOT AREA
Shall mean the total area within the lot lines of a lot but not including any street rights-of-way.
LOT, CORNER
Shall mean a parcel of land, either at the junction of and abutting on two (2) or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than forty-five (45°) degrees. The greater frontage of a corner lot is its depth and the lesser frontage is its width.
LOT, COVERAGE
Shall mean that part of one (1) lot or more than one (1) lot which is improved or is proposed to be improved with buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface.
LOT DEPTH
Shall mean the distance between its mean front lot line and its mean rear lot line.
LOT DISTURBANCE
Shall mean all areas disturbed for the purpose of the construction of buildings and structures on an individual fee simple lot. This total shall include all disturbance including but not limited to building and structure areas, septic wells, lawns and areas of tree removal.
LOT FRONTAGE
Shall mean the shortest distance between the intersection points of the side lines of a lot with the front street right-of-way line. In the case of corner lots, the frontage shall be measured along a straight line between the intersection point formed by the projection of two (2) street side lines and the intersection point of a side lot line with a front street right-of-way line.
LOT, FLAG
Shall mean a lot not meeting minimum width requirements at the frontage of the lot on a public or private right-of-way giving access thereto, but having at least fifty (50) feet of frontage on said public or private right-of-way.
LOT, INTERIOR
Shall mean a lot other than a corner lot.
LOT, THROUGH
Shall mean a lot that fronts upon two (2) parallel streets or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.
LOT LINE
Shall mean a line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT
Shall mean the lot line separating a lot from a street right-of-way, also referred to as a street line. In the case of corner lots or through lots, the line on which the primary entrance faces. See Figure 2.
LOT LINE, REAR
Shall mean the lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet.
LOT LINE, SIDE
Shall mean any lot line other than a front or rear lot line. See Figure 2.
LOT WIDTH
Shall mean the distance between the side lot lines measured at the front setback line.
LOW INCOME HOUSING
Shall mean housing affordable according to 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 fifty (50%) percent 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
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 and letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and cash.
MAJOR SUBDIVISION
Shall mean any subdivision not classified as a minor subdivision.
MARQUEE
Shall mean any hood, canopy, awning or permanent construction that projects from the wall of a building, usually above an entrance.
MASTER PLAN
Shall mean a composite of one (1) or more written or graphic proposals for the development of the Borough of Peapack and Gladstone as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
MAYOR
Shall mean the chief executive of the Borough.
MEDIAN INCOME
Shall mean the HUD uncapped median income by family size for Somerset County using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household.
MINOR SITE PLAN
Shall mean a development plan of one (1) or more lots which (1) proposes new development within the scope of development specifically permitted in subsection 23-27.3 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
Shall mean any subdivision containing not more than four (4) lots and which does not involve a planned development; any new street; or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. Any lot or remaining land approved as a minor subdivision shall not be submitted as a minor subdivision within five (5) years from the date of approval as a minor subdivision. Such lot or tract may be submitted as a major subdivision.
MODERATE INCOME HOUSING
Shall mean housing affordable according to 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 not more than fifty (50%) percent but less than eighty (80%) percent 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.
MULCHING
Shall mean the application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPAL AGENCY
Shall mean the Land Use Board, or the Borough Council when acting pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
Shall mean N.J.S.A. 40:55D-1 through 55D-92, as amended.
MUNICIPAL USE
Shall mean any use made by the Borough of Peapack and Gladstone of property owned or leased by it or legally under its control by easement, license or otherwise.
NATURAL GROUND SURFACE
Shall mean the ground surface in its original state before any grading, excavation or filling.
NEIGHBORING BUILDING
Shall mean any building in existence or for which a building permit has been issued at the time application is made for a building permit for the proposed building site and which is located on:
a. 
Either side of a street on which the proposed building site abuts and within five hundred (500) feet thereof; exclusive of intervening streets, the distance being measured along the street center line from its intersection with the projection line of the neighboring building; or
b. 
Another street which intersects a street on which the proposed building site abuts, and adjoining any neighboring building defined by paragraph a above.
NONCONFORMING LOT
Shall mean 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 SIGN
Shall mean any sign lawfully existing on the effective date of an ordinance or any amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of this ordinance.
NONCONFORMING STRUCTURE
Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment to 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
Shall mean 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 FACILITY/NURSING HOME — [Deleted by Ord. No. 1015-2015 § 3]
OBLIGOR
Shall mean any individual, firm, association, corporation or any other legal entity and shall include the owner or subdivider, or both, as may be required by the Borough. The obligor shall be responsible for posting and executing any required performance guaranty.
OFFICIAL MAP
Shall mean a map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291 (C. 40:55D-32).
OFFICIAL SOIL MAP
Shall mean the individual map sheets that are part of the Somerset County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Somerset County Planning Board.
OFFICIAL SOILS INTERPRETATION
Shall mean the interpretations of the soils described in the Somerset County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Somerset County Planning Board.
OFF-SITE
Shall mean 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 a contiguous portion of a street or right-of-way.
OFF-TRACT
Shall mean 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.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean 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
Shall mean 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.
OWNER
Shall mean an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
PARKING AREA, PRIVATE
Shall mean any open area, including parking spaces, driveways and access aisles used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Shall mean any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.
PARKING FACILITY
Shall mean any public or private parking area or garage.
PARKING SPACE
Shall mean a space for the off-street parking of one (1) operable, licensed motor vehicle within a public or private parking area.
PARTY IMMEDIATELY CONCERNED
Shall mean 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 N.J.S.A. 40:55D-12.
PATIO
Shall mean a level, surfaced area directly adjacent to a principal building at or within one and one-half (1 1/2) feet of the finished grade, not covered by a permanent roof.
PERCOLATION TEST
Shall mean a test designed to determine the rate the ground absorbs water.
PERMEABILITY TEST
Shall mean a test to determine the ability of soil to transmit water.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted by the Borough, 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.
PERFORMANCE STANDARDS
Shall mean standards (l) adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, skyglow, earthborn or sonic vibrations, heat, radiation, television or radio waves, noxious odors, toxic materials, explosive and inflammable materials, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough or (2) required by applicable Federal or State laws or municipal ordinances.
PERMIT
Shall mean a certificate issued to perform work under this chapter.
PERMITTED USE
Shall mean any use which shall be allowed, subject to the provisions of this chapter.
PERMITTEE
Shall mean any person to whom a permit is issued in accordance with this chapter.
PERSON
Shall mean a corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the State and all political subdivisions of the State or any agency or instrumentality thereof.
PERSONAL SERVICES
Shall mean establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
PESTICIDE
Shall mean any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in persons or animals. The term pesticide shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
PLANNED DEVELOPMENT
Shall mean a planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLAT
Shall mean a map or maps of a subdivision or site plan.
PLAT, FINAL
Shall mean the final map of all or a portion of a subdivision or site plan which is presented to the Land Use Board for final approval in accordance with this chapter.
PLAT, PRELIMINARY
Shall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Land Use Board for consideration and preliminary approval.
PORCH
Shall mean a roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights, pursuant to Sections 34, 36, and 37 of P.L. 1975, c. 291 (C. 40:55D-46; C. 40:55D-48; and C. 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Shall mean 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.
PRINCIPAL BUILDING
Shall mean a building in which is conducted the main use of the lot.
PROHIBITED USE
Shall mean a use which is not permitted in a zone.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
PUBLIC DRAINAGE WAY
Shall mean 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 assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.
PUBLIC IMPROVEMENTS
Shall mean improvements, including but not limited to streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.
PUBLIC OPEN SPACE
Shall mean 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 conservational uses.
PUBLIC PURPOSE USES
Shall mean the use of land or buildings within any zoning district within the Borough of Peapack and Gladstone by the Governing Body of the Borough, or the use of a specific piece of property within any zoning district within the Borough for a public library, rescue squad or Fire Department, when the use on the specific property is determined by the Governing Body, as noted in an adopted resolution, to be a development that will serve the public needs of the residents of the Borough.
PUBLIC UTILITY FACILITIES
Shall mean telephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public.
QUORUM
Shall mean a majority of the full authorized membership of a municipal agency.
RAINFALL EXCESS
Shall mean the portion of rainfall which becomes direct surface runoff.
RECHARGE
Shall mean stormwater directed into the groundwater regime through soil infiltration.
RECREATION FACILITY
Shall mean a place where sports, leisure time activities and customary and usual recreational activities are carried out.
RECREATION FACILITY, PERSONAL
Shall mean an accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.
RECREATION FACILITY, PRIVATE
Shall mean facilities operated by a private organization and open only to bona fide members and guests of such organization.
RECREATION FACILITY, PUBLIC
Shall mean facilities operated by the Borough, County or other governmental agency.
RECREATIONAL VEHICLE
Shall mean a vehicle without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including:
a. 
Boats and trailers shall mean and include any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
b. 
Camp trailer or folding tent trailer shall mean a vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
c. 
Motorized home shall mean a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
d. 
Pickup camper shall mean a structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
e. 
Travel trailer shall mean a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
RESIDENTIAL CLUSTER
Shall mean 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
Shall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESIDENTIAL HEALTH CARE FACILITY
Shall mean a health care facility that is licensed by the New Jersey Department of Health as a Special Hospital and provides health care services for children and adults with developmental disabilities as defined herein in conjunction with providing health care services.
[Ord. No. 2017-1047]
RESIDENTIAL SITE IMPROVEMENT STANDARDS
Shall mean standards promulgated pursuant to N.J.S.A. 40:55D-40.1 and regulations adopted pursuant thereto.
RESTAURANT
Shall mean an establishment where food and drink are prepared and/or served and consumed at tables within the principal building without facilities for drive-thru order and for drive-thru pick up.
RESUBDIVISION
Shall mean 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 made so as to combine existing lots by deed or other instrument.
RETAIL SERVICE
Shall mean establishments engaged in providing services for individuals, businesses, government and other organizations.
RETAIL TRADE
Shall mean establishments engaged in selling merchandise for individuals, businesses, government and other organizations on a retail basis.
RIGHT-OF-WAY LINES
Shall mean the lines that form the boundaries of a right-of-way.
RIGHTS-OF-DISCHARGE
Shall mean a legally recordable instrument granting to the developer the right to discharge collected waters upon lands exterior to the development.
RURAL LANE
Shall mean any public or private street intended to serve ten (10) or fewer dwelling units in the RE and RR-5 zones.
SATELLITE EARTH STATION
Shall mean an apparatus capable of transmitting and/or receiving signals from geostationary orbital satellites.
SCHOOL
Shall mean any building or part thereof which is designed, constructed or used for education of students up to and through the secondary level and licensed by the State of New Jersey, Board of Education.
SEDIMENT
Shall mean any solid material that is in suspension and is being or has been moved by water, ice, wind, gravity or other means.
SEDIMENT BASIN
Shall mean a barrier or dam built across a waterway or at other suitable locations to retain sediment.
SEDIMENT POOL
Shall mean the reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SEDIMENTATION
Shall mean 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.
SENIOR CITIZEN
Shall mean a head of a household who is sixty-two (62) years of age or older.
SETBACK LINE
Shall mean that line to which a building must be set back from the property line.
SIGHT TRIANGLE
Shall mean a triangular shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.
SIGN
Shall mean any device, fixture, placard or structure that uses color, form, picture, display, graphic, illumination, symbol or writing to advertise, attract attention to, announce the purpose of, or identify a person, entity or thing, or to communicate any information to the public.
SIGN, ADVERTISING
Shall mean a sign maintained which advertises or otherwise directs attention to a use, business, products, commodity, service, activity or entertainment manufactured, conducted, sold or offered elsewhere than on the premises where such sign is located.
SIGN, BUILDING
Shall mean any sign attached below the roof line to any part of a building, as contrasted to a freestanding sign. Building signs include wall signs, window signs, and canopy signs.
SIGN, CANOPY
Shall mean any sign on, or attached to, an awning, marquee, or canopy, fixed or movable, projecting from a building.
SIGN, FREESTANDING
Shall mean any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
SIGN, WALL
Shall mean any sign attached parallel to, but within six (6) inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface.
SIGN, WINDOW
Shall mean any sign that is placed within a window or upon the window panes or glass and is visible from the exterior of the window.
SIGN, WINDOW, PERMANENT
Shall mean any window sign that is painted directly on the window glass with permanent paint, or that is mounted by bolts or screw, or otherwise in a permanent fashion, on a permanent structure.
SIGN, WINDOW, TEMPORARY
Shall mean any window sign that is not a permanent window sign.
SILVICULTURE
Shall mean the development and/or maintenance of a forest or wooded preserve.
SINKHOLE
Shall mean a localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave.
SITE
Shall mean any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
Shall mean a development plan of one (1) or more lots on which is shown:
a. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways.
b. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices.
c. 
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 Land Use Board.
SLOPE
Shall mean deviation of a surface from the horizontal, usually expressed in percent or degree.
SLOPE, STEEP
Shall mean that portion of natural land, excluding man-made slopes, having a slope greater than twenty-five (25%) percent measured between two (2) foot contours.
SOIL
Shall mean all unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
Shall mean the governmental subdivision of this State which encompasses this Borough, organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL EROSION AND SEDIMENT CONTROL PLAN
Shall mean a plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Somerset-Union Soil Conservation District.
STORAGE
Shall mean the keeping or placing of goods, wares, materials, merchandise or equipment in a warehouse or other structure or in any open space.
STORAGE SHED
Shall mean an accessory building used for the storage of items such as, but not limited to, tools, lawn and garden equipment and furniture, and similar items of personal property belonging to the occupant of the principal structure.
STORMWATER DETENTION
Shall mean any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORMWATER RETENTION
Shall mean collection and storage of stormwater runoff with release being through infiltration and evaporation.
STORY
Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
Shall mean a space under a sloping roof that has the line of intersection of the roof decking and wall face not more than three (3) feet above the top floor level and in which space the possible floor area with a headroom of five (5) feet or less occupies at least forty (40%) percent of the total floor area of the story directly beneath.
STREAM
Shall mean a watercourse having a source, terminus, banks and channel through which waters flow at least periodically.
STREET
Shall mean a 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 this chapter; 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 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, street shall be classified as follows:
STREET, COLLECTOR
Shall mean a street that collects traffic from local streets and connects with major and minor arterials and so designated in the duly adopted Borough Master Plan. See Figure 4.
STREET, CUL-DE-SAC
Shall mean a street with a single common ingress and egress with a turnaround at the end. See Figure 4.
STREET, LOCAL
Shall mean a street intended primarily for access to individual properties and designed for local traffic and so designated in the duly adopted Borough Master Plan. See Figure 4.
STREET, MAJOR ARTERIAL
Shall mean any street intended to carry large traffic volumes at steady speeds through the Borough and so designated in the duly adopted Borough Master Plan. See Figure 4.
STREET, SERVICE
Shall mean a street running parallel to a freeway or major arterial and serving abutting properties. See Figure 4.
023 Figure 4.tif
STRIPPING
Shall mean any activity which removes or significantly disturbs the vegetative surface cover.
STRUCTURE
Shall mean 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.
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 chapter, if no new streets are created:
a. 
Divisions of land found by the Land Use Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size.
b. 
Divisions of property by testamentary or intestate 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.
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.
The term subdivision shall also include the term resubdivision.
SUBSTANTIAL IMPROVEMENT
Shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SURFACE WATER
Shall mean water on land surface.
SURVEY
Shall mean a map showing the boundary lines of the property and location of existing improvements thereon, prepared by a licensed land surveyor.
SURVEY CERTIFICATION
Shall mean a certification in lieu of oath or affidavit confirming the accuracy of the survey.
SWALE
Shall mean a depression in the ground that channels runoff.
SWIMMING POOL, PRIVATE
Shall mean an artificial basin or other structure for the holding of water, constructed on residential premises for the sole use of the occupant of the premises, his family and guests, for wading, swimming, diving or other aquatic sports and recreation. The term swimming pool shall not include any plastic, canvas, rubber or other small receptacle temporarily erected on the ground and which holds less than five hundred (500) gallons of water.
TOPSOIL
Shall mean the surface soil and soil material to a depth of six (6) inches tillage, its equivalent in cultivated soil or the original or present "A" horizon plus "B" horizon [if in top six (6) inches], as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacements for any purposes whatsoever. Topsoil shall be capable of supporting vegetation indigenous to the area.
TRACT
Shall mean property which is the subject of a development application.
TRACT DISTURBANCE
Shall mean all tract disturbance not associated with individual lots including areas disturbed for roadways and drainage systems.
TRAILER
Shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.
a. 
Trailer, habitable — See Dwelling, mobile.
b. 
Trailer, immobilized — shall mean a mobile habitable structure which has been parked or semipermanently or permanently fastened to the ground, with or without sanitary, water and other utilities directly connected to the unit, which may be used for storage as well as other purposes.
c. 
Trailer, general — shall mean a mobile structure which is movable from place to place, either under its own power or by towing, for use as an office, chapel or meeting room for the display of exhibits or advertising material or for use as a mobile machine or repair shop or as a portable generating station.
d. 
Semitrailer — shall mean every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle.
TRESPASS LIGHTING
Shall mean any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.
USE
Shall mean the purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.
USE, PRINCIPAL
Shall mean the main or primary activity of any lot or parcel.
VARIANCE
Shall mean permission to depart from the literal requirements of this chapter.
VEGETATIVE PROTECTION
Shall mean stabilization of erosive or sediment-producing areas by covering the soil with permanent or short-term seeding, mulching or sodding.
VEHICULAR SALES AREA
Shall mean an open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
WALL
Shall mean a solid, vertical structure of wood, masonry or other material serving to enclose, divide or protect an area.
WATER BODIES
Shall mean any natural or artificial collection of water, whether permanent or temporary.
WATER-CARRYING CAPACITY
Shall mean ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
WATERCOURSE
Shall mean a path which conveys surface water runoff. Flow paths with a total contributory drainage area less than fifty (50) acres must have definable bed and banks to be considered a watercourse.
YARD
Shall mean the open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the chapter shall be unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.
YARD, FRONT
Shall mean a space extending the full width of the lot between the front lot line and the closest point of any building on the lot measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. See Figure 2.
YARD, REAR
Shall mean a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at its closest point to the rear lot line. Said rear yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. See Figure 2.
YARD, SIDE
Shall mean a space extending from the front yard to the rear yard between the principal building and the side lot line. See Figure 2.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer:
a. 
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.
b. 
Which acknowledges that such use, structure or building complies with the provision of the Borough Zoning Ordinance or variance therefrom duly authorized by the appropriate agency of the Borough pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.