Borough of Somerville, NJ DEFINITIONS

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For the purpose of this chapter the following words and phrases shall have the meanings described below, unless the context, other provisions of this chapter, the application of law, or plain sense indicate otherwise. In addition, the present tense shall include the future tense; the singular number or word shall include the plural, and the plural, the singular; the word "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action; and the word "used" includes the words "arranged, designed or intended to be used." In applying the New Jersey Residential Site Improvement Standards, the terms used herein shall have the meaning attributed to them in said standards, in case of conflict.

Definitions: A.

[Amended 06-16-03 by Ord. 2143]

ACCESS

A physical entrance to a property.

ACCESSORY BUILDING

A building on the same lot with and subordinate to a principal building, and occupied or devoted exclusively to an accessory use.

ACCESSORY STRUCTURE

A structure on the same lot with and subordinate to a principal building, structure or use, and occupied or devoted exclusively to an accessory use.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use upon any premises.

ADMINISTRATIVE OFFICER

Unless indicated otherwise in this chapter, the Zoning Officer of the Borough, in the case of the Planning Board and Board of Adjustment, and the Borough Clerk in the case of appeals to the Borough Council.

ADULT BOOK STORE OR ADULT VIDEO STORE

An establishment which has as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides, DVDs, CD ROMs, computer disks, computer games or other visual representations which depict or describe a "specific sexual activity" or "specified anatomical area;" or still or motion picture machines, projectors or other image producing devices which show images to one person per machine at any one 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 which are designed for use in connection with a specified sexual activity.

[Added 7-21-08 by Ord. 2276]

AISLE

The traveled way by which cars enter and depart parking spaces.

ALTER OR ALTERATION

Any action which changes or modifies in a perceptible manner any aspect of development which is regulated by this chapter; provided, however that this shall not be construed to mean any necessary repairs or maintenance which does not change the condition of the originally approved development.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, interior partitions, as well as any change in doors or windows, or any addition to or diminution of the dimensions or configurations of the roof or exterior walls of a building.

AMENDED APPROVAL

An action of the Planning Board or Board of Adjustment, as applicable, that amends the subject, terms and/or conditions of a prior approval, and which occurs prior to the issuance of a certificate of occupancy, certificate of continued occupancy, filing of a subdivision plat or deed with the County recording officer, or any other perfection of the such prior approval.

[Added 06-16-03 by Ord. 2143]

ANTENNA, EXEMPT

An antenna of any of the following types:

(a)

An antenna that is designed to receive direct broadcast satellite service (DBS), including direct-to-home satellite service, and is one (1) meter (39.37 inches) or less in diameter.

(b)

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television services, and local multipoint distribution services, and is one (1) meter (39.37 inches) or less in diameter or diagonal measurement, provided that if such antenna is located on a mast, the mast is twelve (12) feet or less in height.

(c)

An antenna that is designed to receive television broadcast signals (TVBS) provided that if it is located on a mast, the mast is twelve (12) feet or less in height.

(d)

A transmission satellite dish no greater than one (1) meter (39.37 inches) in diameter.

(e)

A receive-only satellite dish greater than one meter (39.37 inches) and less than or equal to two (2) meters (78.74 inches) in diameter and located in a nonresidential zone district.

(f)

A transmission satellite dish no greater than two (2) meters (78.74 inches) in diameter and located in a nonresidential zone district.

APARTMENT

One or more dwelling rooms, with private bath and kitchen facilities, comprising an independent self-contained dwelling unit in a larger building.

APPLICANT

Any developer submitting an application for development. See "developer."

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to § 102-35 or § 102-36.

AREA IDENTIFICATION SIGN

A sign used or intended to be used to identify an area containing a building with multiple user spaces, such as an apartment building or shopping center, or used to identify an area containing multiple buildings which are used or developed in a unified manner such as a residential subdivision, apartment complex, industrial park, mobile home park, or office park or shopping center, and containing only the name of the development and not the individual occupants or buildings therein.

ATTIC

The open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

AWNING

A roof-like covering extending over a walkway, sidewalk, or exterior place, supported by a frame attached to a building and/or the ground with a surface made of fabric or a more rigid material and which is either retractable or fixed in place.

Definitions: B.

BANNER

Any sign printed or displayed upon cloth or other flexible material, with or without frames, but excluding signs printed directly on awnings or canopies and flexible face signs intended as permanent signs.

BASEMENT

An interior space or a portion of an interior space having a floor level two (2) feet or more below the average outside elevation of ground at the foundation wall of the structure in which it is contained.

BEACON

A stationary or revolving light which flashes or projects illuminations, single color or multi-colored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.

BEDROOM

A room planned or used primarily for sleeping.

BOARD

The Planning Board or the Zoning Board of Adjustment, as applicable, depending upon which board has jurisdiction over the matter referred to in the text, in accordance with the powers of each board as established in the Municipal Land Use Law and this chapter.

BOARDING HOUSE

A dwelling unit, or part thereof, in which lodging and, in some cases meals, are provided for compensation.

BOROUGH RESIDENT

A person who is domiciled within the Borough of Somerville.

BUFFER

An area within a property, generally adjacent to and parallel with the property line, and consisting either of existing vegetation or proposed to be created by the use of trees, shrubs, fences, and/or berms, and designed to continuously limit view of and/or sound and light from the site to adjacent sites or properties.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDABLE AREA

The portion of a lot enclosed by the required yard and/or setback lines; synonymous with "building envelope."

BUILDING AREA

The horizontal plane projection taken at grade level of all covered or roofed areas on a lot, whether permanent or temporary. In computing building area, cornices, eaves, gutters, steps, and balconies are excluded.

BUILDING COVERAGE

The horizontal ground area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of total lot area.

BULLETIN BOARD

Any sign erected by a charitable, educational or religious or public body, which is erected upon the same property as said institutions, for purposes of announcing events that are held on the premises.

Definitions: C.

"C" VARIANCE

Any variance that is not a "D" variance.

CALIPER

The diameter of a tree trunk measured six (6) inches above ground level for trees up to four (4) inches in diameter, and measured twelve (12) inches above ground level for trees over four (4) inches in diameter.

CANNABIS RETAILER LICENSE (WITHOUT CONSUMPTION)

[Added 7-19-2021 by Ord. No. 2640]

(a)

A retailer which possesses a Class 5 Retailer License issued by the Cannabis Regulatory Commission (CRC) and Somerville Borough selling directly to the consumer from a retail store and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis and related supplies to consumers.

(b)

A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a class 5 Cannabis Retailer License.

(c)

The Cannabis Retailer License without consumption shall mean that the operator or owner of the cannabis retailer license located in the Borough of Somerville shall not allow any on-site consumption of cannabis.

CANOPY

See "Awning." In the case of a gasoline service station, a canopy is a roof-like cover that is supported by one or more columns or stanchions, does not have any side walls and is used primarily to shield the pumps from the elements.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CARTWAY

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. When there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.

CELLULAR TELECOMMUNICATIONS ANTENNA

An antenna that is intended for commercial transmission or reception of personal wireless telephone services communications, and including commercial mobile services communications, unlicensed wireless services communications, and common carrier wireless exchange access services, and also including any tower or other supporting structures and equipment necessary for such transmission or reception.

CERTIFICATE OF CONTINUED OCCUPANCY

A certificate stating that the continued occupancy of an existing building or structure may occur, subject to compliance with all applicable regulations for the use and occupancy, including but not limited to the Uniform Fire Code after the satisfactory inspection by the Fire Official.

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.S. 52:27D-133 indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the State Uniform Construction Code and any other ordinance implementing said Code.

CHANGE OF USE

Any use that substantially differs from the previous use of a building or land. A change of use does not necessarily involve modifications to existing improvements, or construction of new improvements.

CHILD CARE CENTER

Any facility which is maintained for the care, development or supervision of six (6) or more children who attend the facility for less than twenty-four (24) hours a day, and which is licensed as a child care center by the Department of Human Services. This term shall not include any of those facilities or uses which are not included within the definition of "child care center" contained in the "Child Care Center Licensing Act" (N.J.S.A. 30:5B-1 to 15).

CLOTHING/MATERIAL DONATION BIN

Any enclosed receptacle or container made of metal, steel or similar product and designed or intended for the donation and the temporary storage of clothing or other materials.

[Added 9-8-09 by Ord. 2311]

COMMERCIAL USE

Activity carried out for pecuniary gain.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMON OWNERSHIP

Ownership of two (2) or more contiguous parcels of real property by one (1) person or by two (2) or more persons owning such property in any form of joint ownership.

COMMUNITY RESIDENCE OR COMMUNITY SHELTER

Any of the following:

(a)

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to P.L. 1977, c. 448 (C.30:11B-1 et seq.) 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.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

(b)

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESA community residential facility licensed pursuant to P.L. 1977, c.448 (C.30:11B-1 et seq.) 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," P.L.1971, c.136 (C.26:2H-1 et seq.).

(c)

COMMUNITY RESIDENCE FOR THE TERMINALLY ILLAny community residential facility operated as a hospice program, providing food, shelter, personal guidance and health care services, under such supervision as required, to no more than fifteen (15) terminally ill persons.

(d)

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny 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. 30:40-1-14), 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.

CONCEPT/INFORMAL PLAN

The optional, initial development plan for subdivisions and/or site plans of sufficient accuracy and detail to be used for the purpose of informal review, evaluation and nonbinding comment by the Planning Board and meeting the requirements of this chapter.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board.

CONSTRUCTION OFFICIAL

A qualified person appointed by the Borough Council pursuant to the Uniform Construction Code, Chapter 23, Title 5, to enforce and administer the regulations within the jurisdiction of the enforcing agency.

CONSTRUCTION/BUILDING PERMIT

Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

CONTROLLED ACCESS HIGHWAY

Any state or federal numbered highway designated by ordinance as a controlled access highway by the Mayor and Council of the Borough.

CONVENTIONAL DEVELOPMENT

Any form of development other than planned development.

CONVERSION

A change in the use of land or a structure.

COURT

An open, unoccupied space, other than a yard, on the same lot with a principal building, which is wholly or partially enclosed by a building, wall or other structure.

CUL-DE-SAC

The turnaround at the end of a dead-end street, or such street.

CURB

A stone or concrete boundary usually marking the edge of the roadway or paved area.

Definitions: D.

"D" VARIANCE

Permission to depart from the literal requirements of the zoning regulations, Article XI of this chapter, to permit:

(a)

A use or principal structure in a district restricted against such use or principal structure.

(b)

An expansion of a nonconforming use.

(c)

Deviation from a specification or standard pertaining solely to a conditional use.

(d)

An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4).

(e)

An increase in the permitted density as defined Section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.

(f)

A height of a principal structure which exceeds by ten (10) feet or ten percent (10%) the maximum height permitted in the district for a principal structure.

DAYS

Calendar days.

DECIDUOUS

Refers to plants that drop their foliage before becoming dormant in winter.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to this chapter.

DIRECTIONAL SIGN

A sign bearing no advertising which directs persons to an entrance, exit, parking, loading or other special use area on the same site as such sign. Such signs shall include, but not be limited to, "enter" and "exit" signs, drive-up lane signs, signs restricting the use of parking spaces, etc.

[Amended 12-17-01 by Ord. 2118]

DISPLAY SURFACE AREA

The total area, expressed in square feet, of the display surface containing the lettering, characters or symbols of the sign, including any frame for the sign. If there is no display surface, or if a building wall serves as the sign display surface, the display surface area shall be construed to be the rectangle which is the product of the largest horizontal and vertical dimensions of the sign lettering, characters or symbols. If the sign contains cutouts within the perimeter of the sign or its letters or symbols, the display surface area shall be construed to include such cutouts. Excluded from this definition are the structural supports for free-standing signs and the second display surface of a double-faced sign as defined herein.

[Amended 12-17-01 by Ord. 2118]

DISTRICT

See Zoning District.

DOUBLE-FACED SIGN

A sign containing two (2) identical sides which abut each other at the rear of the sign or which are joined at one end and have an included angle of no greater than sixty degrees (60°).

DRAINAGE

The removal of surface water or groundwater from the land by drains, grading or other means and includes control of runoff during and after construction to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes, and including lands intended as flood control basins.

DRIVE-IN ESTABLISHMENT

A business establishment that encourages or permits customers to receive goods or services while remaining in their motor vehicles.

DRIVEWAY

A means of ingress and egress for vehicles to and from a property.

DWELLING (OR RESIDENCE)

A structure or portion thereof that is used exclusively for human habitation. See also "dwelling unit" below. Dwellings in this chapter are of several types, as follows:

(a)

APARTMENTAn independent dwelling unit in a multi-family dwelling/residence building, or in a building devoted primarily to non-residential use.

(b)

DUPLEXA building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

(c)

GARDEN APARTMENTA two-story or two-and-one-half-story multi-family dwelling structure with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership. Also known as a low-rise apartment.

[Amended 06-16-03 by Ord. 2143]

(d)

HIGH-RISE APARTMENTA multi-family dwelling structure containing more than four (4) stories. For purposes only of applying the N.J. Residential Site Improvement Standards, a high-rise apartment shall be defined as a multi-family apartment building containing ten (10) or more stories.

[Amended 06-16-03 by Ord. 2143]

(e)

MID-RISE APARTMENTA multi-family dwelling structure containing three or four (4) stories. For purposes only of applying the N.J. Residential Site Improvement Standards, a mid-rise apartment shall be defined as a multi-family apartment building containing more than two (2) and less than ten (10) stories.

[Amended 06-16-03 by Ord. 2143]

(f)

MULTI-FAMILY DWELLING/RESIDENCEA building or portion thereof used, intended or designed for three (3) or more dwelling units. Multi-family dwellings include garden apartments, mid-rise apartments and high-rise apartments.

(g)

PATIO HOMEA single-family dwelling on a separate lot with yard setbacks on three (3) sides and one (1) wall abutting a side lot line.

[Amended 9-6-12 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]

(h)

QUADRUPLEXA building containing four (4) single-family attached dwelling units, and in which each unit has at least two (2) yard exposures, and the exposures are not separated by buildings or by open space exposures of other units, and in which each unit shares one (1) or two (2) walls with an adjoining unit or units.

(i)

SINGLE-FAMILY ATTACHED DWELLING/RESIDENCEA single-family dwelling attached to two or more one-family dwellings by common vertical walls. Also known as a townhouse.

[Amended 06-16-03 by Ord. 2143]

(j)

SINGLE-FAMILY DETACHED DWELLING/RESIDENCEA building used, intended or designed as a dwelling for one (1) family and which is not attached to any other building or dwelling and which is surrounded by open space or yards on the same lot.

(k)

TOWNHOUSEA building containing at least three (3) single-family attached dwelling units, and in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. For purposes of this chapter, a townhouse may include dwelling units with fee simple, condominium or cooperative ownership, or any combination thereof.

(l)

TRIPLEXA building containing three (3) single-family attached dwelling units, and in which each unit has at least two (2) yard exposures, and the exposures are not separated by buildings or by open space exposures of other units, and in which each unit shares one (1) or two (2) walls with an adjoining unit or units.

(m)

TWO-FAMILY DWELLING/RESIDENCEA building used, intended or designed for two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof (i.e., a duplex) or an unpierced ceiling and floor extending from exterior wall to exterior wall, except, in some cases, for a common stairwell exterior to both dwelling units.

DWELLING UNIT

One (1) or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Definitions: E.

EASEMENT

An encumbrance or grant of an estate in lands distinct from ownership to use in some way the land of another.

ERECT

To build, construct, attach, hang, place, suspend or affix, and shall include the painting of wall signs.

ESTABLISHMENT

A place of business, or one permanent usage.

Definitions: F.

FAMILY

Any number of persons, whether related by blood, marriage or adoption or not and regardless of whether a consideration is involved or not, or any number of individuals related by blood, marriage or adoption, living privately together as a single housekeeping unit and using certain rooms and cooking facilities in common. Nothing herein contained shall be construed to prevent the placement of foster children by the New Jersey State Board of Child Welfare or a duly incorporated child welfare agency with "families" living in a one-family zone.

FAMILY DAY CARE HOME

The private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c.27 (C.30:5B-16 et seq.), and in which child care services are regularly provided no less than three (3) and no more than five (5) children for no less than fifteen (15) hours per week, not including children legally related to the provider or being cared for as part of a cooperative agreement between parents for the care of their children where no payment for the care is being provided.

FAMILY RESTAURANT

An eating establishment wherein food is primarily served to and consumed by customers while seated within the establishment and with a turnover rate of generally less than one (1) hour.

FAST FOOD RESTAURANT

An establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises and whose principal method of operation includes the following characteristic: foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.

FENCE

A structure usually made of posts, board, or rails and serving as an enclosure, barrier or boundary to access to or from a part or whole of a property, including walls, screens or hedges intended to be a natural or manmade "fence."

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with this chapter and which, if approved, may be or shall be filed with the county recording officer.

FLASHING SIGN

An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

FLOODPLAIN

The relatively flat area or low lands adjoining the channel of a river, stream, watercourse, canal or any body of standing water, which has been or may be covered by flood water.

FLOOR AREA

See GROSS FLOOR AREA.

FLOOR AREA RATIO (F.A.R.)

The sum of the gross floor area of all buildings on a lot divided by the area of the lot, expressed as a percentage.

FREESTANDING SIGN

A sign that is attached to or a part of a completely self-supporting structure.

Definitions: G.

GARAGE, PRIVATE

A detached accessory building, or a portion of a principal building, used primarily for the storage of motor vehicles owned or used by the occupant of the principal building to which the garage is accessory.

GOVERNING BODY

In Somerville, the Borough Council.

GROSS FLOOR AREA

The aggregate area of all floors in a building enclosed by an exterior wall and measured from the exterior face of exterior walls, or from the centerline of walls separating two (2) buildings. Notwithstanding the foregoing, gross floor area shall not include:

(a)

Floors in basement areas, attic areas and any floor area where the floor-to-ceiling height shall be less than seven (7) feet; provided, however, that when such areas are used or intended to be used for human habitation, work or service areas other than dead storage or mechanical equipment providing essential services to the building, the floor area shall be considered gross floor area for purposes of determining the required number of parking spaces.

(b)

Roofed or enclosed areas devoted exclusively to accessory off-street parking and loading spaces.

Definitions: H.

HALF STORY

A space under a sloping roof that has the line of intersection of the roof and wall face not more than three (3) feet above the floor level and in which space the possible floor area with headroom of five (5) feet or less occupies at least forty percent (40%) of the total floor area of the story directly beneath. See the illustration below. The definition and illustration is as provided by The latest "Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom.

[Added 12-16-13 by Ord. No. 2425]

HEIGHT OF BUILDING OR STRUCTURE

In the case of buildings or other roofed structures, the vertical distance from the average normal grade adjacent to the exterior walls or other perimeter support structures, in the event there are no walls, to the top of the highest roof beams of a flat roof, gambrel roof or mansard roof; or to the mean level between the peak and eaves of the highest portion of a gable roof, hip roof or shed roof (i.e., a roof with one (1) slope). Notwithstanding the foregoing, in the event that the building or other roofed structure includes a parapet wall or other such facade element or other such vertical element on the roof, the building height shall be measured to the top of such parapet or element. In the case of non-building structures without a roof, the vertical distance from the average normal grade at the base of the structure to the highest point of the structure. For purposes of administering the above definition, "normal grade" shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, excavating, curbing or retaining wall which alters the grade at the base of the structure from the grade in the general vicinity of the structure.

[Amended 06-16-03 by Ord. 2143]

HISTORIC SITE

Any real property, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance, and which has been designated as such in the Borough Master Plan or in this chapter.

HOME OFFICE

The use of a defined portion of a residential dwelling by the residents of the dwelling for an office that is related to a business or other non-residential activity.

HOMEOWNERS ASSOCIATION

A community association, including a condominium association, which is organized in a development in which individual owners have a shared interest in open space and facilities.

HOSPITAL

An institution providing a medical, surgical, psychiatric or obstetrical care on an around-the-clock, in-patient and/or out-patient basis for the diagnosis, treatment or care of the general public suffering from disease, injury or other abnormal physical conditions for human buildings. A hospital may include integral support facilities. Excluded are animal research facilities.

HOTEL

A building in which lodging is provided with or without meals and offered to the public for compensation and which is open to transient guests, and distinguished from a boardinghouse, rooming house, apartment hotel and fraternity or sorority house. As used herein, "transient" shall mean resident on a temporary basis for a period lasting no more than thirty (30) days.

HOT TUB

A plumbing fixture designed to hold water and humans, and which may have water circulating, heating and/or aerating equipment, and which has a water surface area when full not exceeding sixty (60) square feet.

[Added 06-16-03 by Ord. 2143]

HOUSE OF WORSHIP

A building and/or structure, or group of buildings and/or structures, that by design and construction is primarily intended for conducting organized religious services and associated accessory uses.

Definitions: I.

IDENTIFICATION AND INFORMATIONAL SIGN

A sign of non-commercial nature, which directs the reader to the location of a public or educational institution, or to the location of historical structures or areas, or to the location of public parks or buildings.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

IMPROVEMENT COVERAGE

The building coverage plus the ground coverage of the plan projection of any structures or other improvements, including but not limited to, parking spaces, maneuvering areas, passageways and driveways, service areas, access ways, streets, walkways, patios, plazas, recreational courts, decks, pools, etc., whether or not such paved areas are surfaced with impervious or non-impervious materials. Generally, "improvement coverage" shall include all surface improvements except for vegetation, soil or organic mulch.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and 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 chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under this chapter or the Municipal Land Use Law.

Definitions: J.

JOINT IDENTIFICATION SIGN

A sign used or intended to be used to identify the individual occupants, businesses or other uses in an area containing a building or buildings with multiple user spaces, such as an industrial park, office park or shopping center, and containing only the names of the individual occupants, businesses or other users therein.

Definitions: K.

(Reserved)

Definitions: L.

LANDSCAPE SCREEN/STRIP

A completely planted visual barrier (or having equivalent natural growth) composed of evergreen plants and trees and/or shrubs arranged to form both a low-level and a high-level screen.

LANDSCAPE TRANSITION BUFFER

An area of land restricted to landscape elements which may include lawns, plantings, natural features, earth berms, sculpture, lighting, bikeways and pedestrian pathways, but not including motor vehicle parking extending along the entire lot line(s) where they are required. The width of a landscape buffer shall be measured at right angles to the lot line.

LANDSCAPING

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, access ways, bikeways and pedestrian pathways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angle to the lot line.

LOADING SPACE

An area for the loading and unloading of materials or merchandise.

LODGER OR ROOMER

A person other than a member of a family occupying a part of any dwelling unit, who, for a consideration, is furnished living accommodations in such dwelling unit.

LOT

A designated parcel, tract or area of land, established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total square unit content of any lot as measured within the lot lines.

LOT, CORNER

A lot at the junction of and having frontage on two (2) or more intersecting streets. A corner lot is also a lot bounded on two (2) or more sides by the same street.

LOT DEPTH

The distance between the front lot line and the rear lot line, or extensions thereof, measured along the shortest such line that crosses the building envelope.

LOT FRONTAGE

That portion of a lot which is contiguous with a street right-of-way; provided, that public parking areas, public driveways and public alley ways shall not be considered a public street within the meaning of this definition. In the case of a through lot, the lot frontage shall be considered that frontage upon which the majority of the buildings in the same block front; provided that in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on his or her permit application which lot line shall be considered the lot frontage. A corner lot shall be deemed to have frontage on any abutting street, and in cases where the street lines do not intersect at a point, shall be measured along the projection of the street lines to the imaginary intersection point.

[Amended 12-17-01 by Ord. 2118]

LOT LINE, FRONT

The lot line separating a lot from a street right-of-way. On corner lots, all lot lines separating a lot from a street right-of-way are front lot lines.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line. On corner lots, the rear lot line shall be that line opposite and most distant from the shortest front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line. On corner lots, the side lot line shall be that lot line which is opposite and most distant from the longest front lot line.

LOT, THROUGH

A lot that fronts upon two (2) streets that do not intersect at the boundaries of the lot.

LOT WIDTH

The shortest straight-line distance between the side lot lines of any lot, measured parallel to the front lot line and at a distance from the front lot line equal to the minimum required front yard setback. If the front lot line is not a straight line, the lot width shall be measured parallel to the shortest line which is: 1) entirely within the lot and 2) tangent to the front lot line, and shall be measured parallel from said line at a distance equal to the minimum front yard setback.

LOW AND MODERATE INCOME HOUSING

Dwelling units developed pursuant to relevant provisions pertaining to such housing contained in Article XI of this chapter.

Definitions: M.

MAINTENANCE GUARANTEE

Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter, including but not limited to cash, surety bonds and letters of credit under the circumstances specified by this chapter.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MALL

Any concentration of retail stores and/or service establishments that share customer parking areas and are located within an enclosure having public walkways whereby a customer in one store or establishment may walk to another store or establishment without leaving the enclosure.

MANSARD ROOF

A roof with two (2) slopes, the upper slope being generally level, or alternatively, a roof with two (2) slopes on any one side, the lower slope being steeper than the upper slope, and in both cases where the lower slope has pitch greater than one (1) inch rise for every one inch run (i.e., a 1:1 slope). The term "mansard roof" shall include for purposes of this chapter, a roof commonly known as a gambrel roof and a parapet designed to have the appearance of a mansard roof.

[Amended 12-17-01 by Ord. 2118]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

MINOR SITE PLAN

A development plan of one or more lots that requires site plan approval and which:

[Amended 06-16-03 by Ord. 2143]

(a)

Proposes new development which is limited to any or all of the following:

[1]

Alterations to the facade or roof of an existing building.

[2]

Construction of (a) building(s) or other structure(s) and/or site grading, paving or landscaping with a combined ground surface area of no greater than five hundred (500) square feet, provided that neither the floor area nor the ground surface area of such buildings or other roofed structures to be constructed involves no more than two hundred fifty (250) square feet and is not a drive-in/thru establishment.

[Amended 9-8-09 by Ord. 2312].

[3]

Signs.

[4]

Sidewalk cafes.

(b)

Does not involve planned development, any new street or extension of off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.

(c)

Contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.

MINOR SUBDIVISION

A subdivision of land for the creation of not more than two (2) lots fronting on an existing street; provided that such subdivision does not involve:

(a)

A planned development.

(b)

Any new street.

(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.

MOTEL

A series of attached, semidetached or detached dwelling units (one- or two-story) containing bedroom, bathroom and closet space where each unit has convenient access to a parking space for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of transient occupants, and oriented to the automobile traveling public. As used herein, "transient" shall mean resident on a temporary basis for a period lasting no more than thirty (30) days.

MUNICIPAL AGENCY

The Borough Planning Board or Board of Adjustment or Borough Council when acting pursuant to this chapter and any agency created by or responsible to the Borough of Somerville when such agency is acting pursuant to this chapter.

MUNICIPAL BUILDING/USE

Any building, use or property owned, leased or operated by the Borough of Somerville.

Definitions: N.

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning regulations, 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 SIGN

A sign which was lawful prior to the adoption, revision or amendment of an ordinance regulating signs, but which fails to conform to the sign regulations by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning regulations, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of the zoning regulations, 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.

NONPROFIT PARK

A tract of land, designated and used for active or passive recreation, conservation of natural resources, or similar purposes, and owned or operated by a nonprofit organization for the benefit of its members or the general public, excluding, however, any recreational facilities operated as a commercial enterprise.

NONRESIDENTIAL ZONES/DISTRICTS

Those zones set forth in the zoning regulations of this chapter and known as the B-1, B-2, B-3, B-4, B-5, B-6, CG, H, I-1 and I-2 zone districts. In addition, those lots in the PO-R zone district which are used for nonresidential purposes shall be considered to be in a nonresidential zone.

Definitions: O.

OCCUPANCY OR OCCUPIED

The residing of a person or persons in a dwelling unit overnight, or the installation, storage or use of equipment, merchandise or machinery in any commercial, residential, public or industrial building. Excluded from the definition is the use of any construction equipment or machinery not considered part of the building or the storage of product, merchandise, raw material or other personal property or the use of a structure by those engaged in its construction.

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq. Such map shall be deemed conclusive with respect to the location and width of streets and public drainage ways and the location and extent of flood control basins and public areas including public parks, playgrounds, trails, paths and other recreation areas, public open spaces, scenic and historic sites, sites for schools and other public buildings and structures, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.

OFFSITE

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 the closest half of the street or right-of-way abutting the property of which the lot is a part.

OFF-SITE SIGN

A sign that directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term off-site sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial message.

OFF-TRACT

Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.

ONSITE

Located on the lot in question and excluding any abutting street or right-of-way.

ON-SITE SIGN

A sign which directs attention to a business, commodity service, entertainment or attraction sold, offered or existing on the same lot where such sign is displayed; however, an on-site sign may also display a noncommercial message.

ON-TRACT

Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OTHER GOVERNMENTAL USES

Uses other than municipal uses and public safety uses, both as defined herein, which are conducted by any department, commission, independent agency, or instrumentality of the United States, of a state, county, municipality, authority, district or other governmental unit, but excluding public utilities and any other use which may be separately listed in Schedule A of this chapter. (Schedule A may be found at the end of this chapter[1]

OUTDOOR STORAGE

The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

OWNER

Any individual, firm, association, syndicate, partnership, limited liability corporation or corporation having sufficient proprietary interest in the land sought to be processed for development under this chapter.

[1]

Editor's Note: Schedule A is included as an attachment to this chapter.

Definitions: P.

PARKING AREA

An open area, other than a street or other public roadway, used for the parking of motor vehicles, including access drives or aisles for ingress and egress thereto and therefrom.

PARKING SPACE

A rectangular space designed to be used as an accommodation for off-street motor vehicle parking, exclusive of access drives or aisles.

PARKING STRUCTURE

A building or deck or any other structure or portion thereof which is used for the parking of motor vehicles, including access drives or aisles for ingress and egress thereto and therefrom.

PENNANT

Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually, but not necessarily, in series, designed to move in the wind.

[Amended 12-7-09 by Ord. 2317]

PERFORMANCE GUARANTEE

Any security which may be accepted by the Borough, including but not limited to surety bonds, cash and letters of credit under the circumstances specified in this chapter in lieu of a requirement that certain improvements be made before the Planning Board or other municipal agency approves a subdivision plat or site plan.

PERMANENT SIGN

Any sign that is not temporary (see TEMPORARY SIGN).

PERSON

Any person, individual, business entity, partnership, association, corporation, limited liability corporation, company, organization or legal entity of any kind or nature.

PHOTOVOLTAIC ROOF SHINGLES

Building integrated photovoltaic units that convert solar energy to electricity and may be installed in place of or in addition to conventional roof shingles and function as a solar panel component of a solar energy system.

[Added 12-2-13 by Ord. No. 2424]

PLANNED RESIDENTIAL DEVELOPMENT

Residential cluster development.

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses, all primarily for the benefit of the residential development.

[Added 9-6-11 by Ord. No. 2367; amended 5-5-14 by Ord. No. 2438]

PLAT

The map or maps of a subdivision or site plan.

PLAZA

A continuous open area, accessible to the public at all times and designed to receive maximum sunlight containing, but not limited to, trees and other landscaping, seating, decorative pavement, art work and kiosks.

PORTABLE SWINGER SIGN "A" FRAME OR SANDWICH SIGN

An advertising device which ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached to the ground or other structure, usually two-sided and which is removed at the end of the business day.

PORTABLE TEMPORARY ATTRACTION SIGN BOARD

A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, not permanently attached to the ground or other structure, and which is removed at the end of the business day.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48 and -49 prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision and meeting the requirements of this chapter.

PRELIMINARY SITE PLAN

The preliminary development plan indicating the proposed layout of the site and meeting the requirements of this chapter.

PREMISES

A building or structure or a piece or tract of land or real estate vacant or otherwise.

PRINCIPAL USE OR STRUCTURE

The primary or predominant use of any lot. A principal structure is one devoted to the principal use.

PRIVATE SWIMMING POOL

Any artificially constructed basin or other structure, placed above, at or below grade and designed to contain water for use by the possessor, his or her family or guest for swimming, diving and other aquatic sports and recreation, with a maximum depth of more than fourteen (14) inches. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground.

[Amended 12-17-01 by Ord. 2118]

PROFESSIONAL NAMEPLATE

A wall sign containing only the name of a single professional person, and any applicable professional designation such as M.D., ESQ., C.P.A., etc., but not the name of a business if different than the name of said professional.

PROFESSIONAL OFFICE

The office of a member of a recognized profession or occupation maintained for the conduct of that profession.

PROJECTING SIGN

Any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at any angle to the wall on which it is mounted.

PUBLIC AND PRIVATE SCHOOL

Public schools covering any or all grades, pre-kindergarten through grade 12, and full-time private schools covering any or all grades, pre-kindergarten through grade 12, operated by charitable religious or eleemosynary organizations, which are not conducted as a business and which are attended to satisfy state-mandated educational requirements. This definition does not include part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism or Hebrew schools, adult education or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but includes educational institutions, whether or not operated in conjunction with religious organizations, places of worship or to chartered membership organizations which are operated on a full-time basis, which offer general academic instruction or training in a skill, trade or vocation and which are intended to fulfill state-mandated educational requirements.

PUBLIC PARK

A tract of land, designated and used for active or passive recreation, conservation of natural resources, or similar purposes, and owned or operated by governmental entity.

PUBLIC SAFETY BUILDING/USE

Any building or use designed or intended primarily for activities relating directly to public safety purposes, owned and/or operated by a public or quasi-public agency, and including but not necessarily limited to police, fire and first aid services.

PUBLIC UTILITIES

Telephone and electric lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; all of the foregoing which are maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or creature of the Borough, County, State or Federal government or by any privately owned utility corporation, but excluding, however, cellular telecommunications antennas as defined herein.

Definitions: Q.

QUALITY RESTAURANT

An eating establishment wherein food is primarily served to and consumed by customers while seated within the establishment and with turnover rates generally of at least one (1) hour or longer.

QUORUM

The majority of the full authorized membership of a municipal agency.

Definitions: R.

REAL ESTATE SIGN

A temporary sign placed upon the property for the purpose of advertising to the public, the sale or lease of said property.

RESIDENTIAL CLUSTER

A contiguous 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.

[Amended 9-6-11 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]

RESIDENTIAL ZONES/DISTRICTS

Those zones set forth in the zoning regulations of this chapter and known as G, R-1, R-2, R-3 and SC zone districts. In addition, those lots in the PO-R zone district which are vacant or used primarily for residential purposes shall be considered to be in a residential zone.

RESTAURANT

Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters.

RESUBDIVISION

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

ROOF SIGN

Any sign wholly erected, constructed or maintained on the roof structure or parapet wall of any building.

ROOMING HOUSE

A boarding house wherein no personal or financial services are provided to the residents.

Definitions: S.

SENIOR CITIZEN HOUSING

Multi-family housing designed for and restricted to elderly people.

SERVICE AREA

An area for the loading or unloading of materials or merchandise at grade level by light trucks, vans, or other commercial vehicles other than tractor trailers.

SETBACK LINE

A line within the bounds of a lot parallel to a property line at a distance from the respective property line equaling the respective required front, rear or side yard.

SHOPPING CENTER

Two (2) or more retail stores and/or service establishments, or one (1) retail store and one (1) service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownership.

SIDEWALK CAFE

An outdoor eating area, usually provided with chairs and tables and similar appurtenances, located either on private property or within the public street right-of-way at or near ground level, and accessory to a restaurant located in a principal building on the same or adjacent premises.

SIGN

Any device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, model, emblem, display, object, logo or reading matter which is used or intended to be used to attract attention or convey information when the same is in view of the general public. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship to elements, or where there is a reasonable doubt as to the relationship of elements, each element shall be considered to be a single sign. A double-faced sign, as defined herein, shall be construed to be a single sign.

SINGLE FAMILY ATTACHED ZERO LOT LINE DWELLING

A single-family dwelling unit contained within a building containing two (2) or three (3) dwelling units on two (2) or three (3) lots (one (1) dwelling unit on each lot), 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.

[Added 9-6-12 by Ord. No. 2367; 5-5-14 by Ord. No. 2438]

SINGLE OWNERSHIP

Ownership of a single lot by one (1) person or jointly by two (2) or more persons, whether as joint tenants, tenants by the entirety, tenants in common or otherwise.

SITE PLAN

A development plan of one or more lots on which is shown the information required by this chapter, plus any other information reasonably necessary and required in order to make an informed determination pursuant to this chapter.

SITE PLAN WAIVER COMMITTEE

A committee of at least two (2) Planning Board members appointed by the Chairman of the Board, plus the Borough Zoning Officer, with the responsibility to review minor site plans and make recommendations to the entire Board concerning whether full Board review of same may be waived, and to fulfill such other duties relating to land development which may be conferred on this committee by the Board.

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels or photovoltaic roof shingles.

[Added 12-2-13 by Ord. No. 2424]

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert the solar energy into usable electrical energy by way of a solar energy system.

[Added 12-2-13 by Ord. No. 2424]

SPECIFIED ANATOMICAL AREA

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 human male genitals in a discernibly turgid state, even if covered.

[Added 7-21-08 by Ord. 2276]

SPECIFIED SEXUAL ACTIVITY

The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast, or any actual or stimulated act of human masturbation, sexual intercourse or deviant sexual intercourse.

[Added 7-21-08 by Ord. 2276]

SPOT LIGHT ILLUMINATION

Illumination that comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source.

STORY

That portion of a building included between the surface of any one floor, exclusive of any basement, and the surface of the floor next above it or, if there is no floor above it, then that portion of the building included between the surface of any floor and the ceiling next above it.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the 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.

STREET SIDE LINE

The outermost line of the whole area devoted to street purposed on either side thereof. "Street side line" is synonymous with street right-of-way line.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVIDER

Any individual firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" shall also include the term "resubdivision;" 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 Planning Board or Subdivision Committee 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 by 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 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 Zoning Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Borough.

SUBDIVISION COMMITTEE

A Committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this committee by the Board.

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, designed, used or maintained for swimming or bathing, but excluding hot tubs as defined by this chapter.

[Added 06-16-03 by Ord. 2143]

Definitions: T.

TEMPORARY CERTIFICATE OF OCCUPANCY

A certificate permitting the occupancy of any building or structure prior to the full completion, provided that such portion or portions may be occupied safely prior to full completion of the building or structure without endangering life or public welfare.

TEMPORARY SIGN

Any sign which is erected and displayed for less than sixty (60) days and is constructed of nondurable materials such as, but not limited to, paper, cardboard, nondurable plastic, aluminum film, etc.

TRANSCRIPT

The typed or printed verbatim record of the proceedings or reproduction thereof.

Definitions: U.

USE

The purpose for which land or structure(s) is arranged, designed or intended, or for which either land or structure(s) is or may be used, occupied or maintained.

Definitions: V.

VARIANCE

Permission to depart from the literal requirements of the zoning regulations, Article XI of this chapter.

Definitions: W.

WALL SIGN

Any sign that shall be affixed parallel to the wall of any building in such a manner as to read parallel to the wall on which it is mounted; however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of a building marquee, building awning, or building canopy, or which is hung from a roof soffit shall be considered a wall sign.

WATERCOURSE

Any natural swale, stream, brook or river which is the natural course of storm- or running water through which water flows ordinarily and frequently but not necessarily continuously. This definition includes watercourses that have been artificially realigned or improved.

WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind turbine, associated poles/towers and support structures, and associated control or conversion of electronics, which has a rated capacity consistent with applicable construction codes which will be used for on-site consumption but not including large diameter windmills.

[Added 12-2-13 by Ord. No. 2424]

WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store, and/or transfer energy.

[Added 12-2-13 by Ord. No. 2424]

WINDOW

Any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic or other coverings.

WINDOW SIGN

Any sign placed within the interior of a building or other roofed structure and: a) which is visible from and facing toward the exterior of such building or other roofed structure, and b) which is located within six (6) feet of the surface of the window, door or other opening through which the sign is visible from the exterior. This definition is intended to include any sign located inside a building which could reasonably be construed as serving the same or equivalent function as signs located outside the building.

WINDOW SPACE

The aggregate square footage of all windows on any given side and any given story of any structure, regardless of the angle or angles at which they are set, and in computing window space, there shall be included all portions of any door which, if part of any exterior wall, does contain any window.

Definitions: X.

(Reserved)

Definitions: Y.

YARD, FRONT

An open, unoccupied space (unless occupied by a use or structure specifically permitted by this chapter) extending across the full width of any lot and lying between the street right-of-way and the nearest building on such lot. On corner lots, any yards facing any abutting streets shall be deemed front yards for the purposes of this chapter. The depth of the front yard shall be measured perpendicular to the street right-of-way line.

YARD, REAR

An open, unoccupied space (unless occupied by a use or structure specifically permitted by this chapter), extending across the full width of any lot between the principal building and the rear lot line. The depth of the rear yard shall be measured perpendicular to the rear lot line.

YARD, SIDE

An open, unoccupied space (unless occupied by a use or structure specifically permitted by this chapter), located between the front yard and the rear yard on a lot and between the side lot line(s) and the principal building. The depth of the side yard(s) shall be measured perpendicular to the side lot line(s).

Definitions: Z.

ZONE

See ZONING DISTRICT, below.

ZONING DISTRICT

An area delineated by this chapter within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.

ZONING MAP

The map annexed to and made part of this chapter, indicating zoning districts.

ZONING PERMIT

A document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the Borough's zoning regulations or variance therefrom duly authorized by a Borough agency pursuant to this chapter.

§ 102-5 Referenced Codes and Statutes.

The following codes and statutes, with their citations, are referenced in this ordinance:

Child Care Center Licensing Act. P.L. 1983, c. 492 (C. 30:5B-1 et seq.).

County and Municipal Investigations Law. P.L. 1953, c. 38 (C. 2A:67A-1 et seq.).

County Planning Act. P.L. 1968, c. 285 (N.J.S. 40:27-1 et seq.).

Family Day Care Provider Registration Act. P.L. 1987, c.27 (C.30:5B-16 et seq.).

Freshwater Wetlands Protection Act. P.L. 1987, c. 156 (N.J.S. 13:9B-1 et seq.).

Health Care Facilities Planning Act. P.L. 1971, c. 136 (C.26:2H-1, et seq.).

Local Public Contracts Law. P.L. 1971, c. 198 (N.J.S. 40A:11-1 et seq.).

Map Filing Law. P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.).

Municipal Land Use Law. P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

New Jersey Barrier-free Subcode. (N.J.A.C. 5:23-7).

New Jersey Residential Site Improvement Standards. (N.J.A.C. 5:21).

Open Public Meetings Law. P.L. 1975, c. 231 (N.J.S. 10:4-6 et seq.).

Penalty Enforcement Law. P.L. 1948, c. 253 (N.J.S. 2A:58-1 et seq.).

Soil Erosion and Sediment Control Act. P.L. 1975, c. 251 (N.J.S. 4:24-39 et seq.).

State Highway Access Management Act. P.L. 1989, c. 32 (C.27:7-91).

State Noise Control Regulations. (N.J.A.C. 7:29)

State Uniform Construction Code. (N.J.A.C. 5:23 et seq.).

State Uniform Construction Code Act. P.L. 1975, c. 217 (N.J.S. 52:27D-119 et seq.).