[Ord. No. 581 § 1-1]
This chapter shall be known and may be cited as the Land Development
Regulations of the Borough of Bernardsville.
[Ord. No. 581 § 1-2; Ord. No. 98-1149 § 1 Art. 1]
It is the intent and purpose of this chapter to exercise the
authority delegated to municipalities under the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.) to regulate development.
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LD-1-2.1
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To guide the appropriate use or development of all lands in
a manner that will promote the public health, safety, morals and general
welfare.
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LD-1-2.2
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To secure safety from fire, flood, panic and other natural and
manmade disaster.
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LD-1-2.3
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To provide adequate light, air and open space.
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LD-1-2.4
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To ensure that the development of the municipality does not
conflict with the development and general welfare of neighboring municipalities,
the County and the State as a whole.
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LD-1-2.5
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To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and the preservation of the
environment.
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LD-1-2.6
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To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development and land use policies.
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LD-1-2.7
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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 in order to meet the needs of all citizens
of the Borough and state.
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LD-1-2.8
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To encourage the location and design of transportation routes
that will promote the free flow of traffic while discouraging locations
of such facilities and routes that result in congestion or blight.
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LD-1-2.9
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To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
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LD-1-2.10
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To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
Borough and in the state and to prevent urban sprawl and degradation
of the environment through improper use of land.
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LD-1-2.11
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To encourage planned development that incorporates the best
features of design and relates the type, design and layout of various
types of development to particular sites.
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LD-1-2.12
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To encourage senior citizen community housing construction.
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LD-1-2.13
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To encourage coordination of the various public and private
procedures and activities shaping land development, with a view to
lessening the cost of such development and to the more efficient use
of land.
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LD-1-2.14
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To promote utilization of renewable energy resources.
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LD-1-2.15
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To promote the maximum practical 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.
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LD-1-2.16
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To control flooding, soil erosion and sedimentation precipitated
by development and caused by water run-off, soil disturbances, destruction
or removal of ground cover or plant life, grading or filling.
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For the purpose of this chapter certain terms are defined as
follows:
a.Â
The term "shall" indicates a mandatory requirement, and the term
"may" indicates a permissive action.
b.Â
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning set forth
in the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[Ord. No. 581 § 1-3.2
as amended; Ord. No. 2015-1699 § 1; Ord. No. 2015-1701 § 1; Ord. No. 2018-1779]
Shall mean a subordinate building on the same lot with a
principal or main building, devoted exclusively to an accessory use
which is permitted by ordinance and which is incidental to the use
of the principal building.
[Ord. No. 2002-1282 § 1]
Shall mean a dwelling unit detached from, but accessory to,
the principal residence.
[Ord. No. 99-1167 § 1]
Shall mean a use naturally and normally incident and subordinate
to the main use of the premises or lot.
Shall mean the Assistant Borough Engineer on Planning Board
applications and the Board Secretary on Board of Adjustment applications.
[Ord. No. 98-1149 § 1]
Shall mean a municipal agency appointed by the Mayor with
confirmation of the Borough Council for the purpose of monitoring
the Borough's program for construction of low and moderate income
housing units in the Borough and which shall have such powers and
duties as may be conferred upon it by ordinance.
[Ord. No. 801 § 1]
Shall mean a change in the supporting members or structural
parts of a building; an addition to or diminution of a building; a
change in use from that permitted in one zone district to a use permitted
in another; a conversion of a building or a part thereof; or removal
of a building from one location to another.
Shall mean a dwelling unit located on one floor of a building
containing similar units, adjoining said similar units above, below
or to the side, which units may share in common facilities, such as
entryways, hallways and utility systems.
[Ord. No. 801 § 1]
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit.
Shall mean the Municipal Agency or Official when acting pursuant
to State Statutes or Municipal Ordinances.
Shall mean a set of plans drawn to specify the exact condition
of a constructed facility.
Shall mean a facility which is licensed by the New Jersey
Department of Health to provide apartment-style housing and congregate
dining and to assure that assisted-living services are available,
when needed, for four or more adult persons unrelated to the proprietor.
Units offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance or as defined
by the New Jersey Department of Health.
[Ord. No. 2003-1323 § 1]
Shall mean a level of a dwelling directly below the roof
if the level is wholly lacking a ceiling and does not include any
habitable room.
[Ord. No. 2000-1210 § 1]
Shall mean the use of a building and land area for the display
and sale of new automobiles.
[Ord. No. 2004-1356 § 1]
Shall mean the Zoning Board of Adjustment of the Borough.
Shall mean a dwelling having one kitchen and used for the
purpose of providing lodging, or both meals and lodging, to persons
occupying such dwelling other than members of a family, for pay or
compensation of any kind, whether computed by day, week or month.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
Shall mean the lot area exclusive of yard requirements in
which the principal building may be placed.
Shall mean a document signed by the zoning official (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 municipal zoning ordinance or variance therefrom
duly authorized by a municipal agency. The term building permit shall
be the same as zoning permit.
Shall mean a structure in which is conducted the principal
use of the site on which it is situated. In any residential district
any dwelling shall be deemed to be a principal building on the lot
on which it is located.
Shall mean large items of waste material, such as appliances
and furniture.
[Added 7-13-2020 by Ord.
No. 2020-1843]
Shall mean a cable television company as defined pursuant
to N.J.S.A. 48:5A-3.
[Ord. No. 98-1149 § 1]
Shall mean a government acquisition of real property or major
construction project.
Shall mean a certificate signed by the Borough Engineer,
Building Subcode Official and Zoning Officer certifying that the conditions
of a subdivision or site plan have been completed as approved or modified.
Shall mean the bed and banks of a river, stream, brook or
spring which convey water most of the time.
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, waterways, towers, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses, and other storage buildings or
transshipment points.
Shall mean the attachment of commercial wireless telecommunication
antenna to an existing wireless telecommunication structure.
[Ord. No. 2003-1307 § 1]
Shall mean any vehicle, other than a passenger car, having
more than two axles and/or four wheels and/or exceeding a loading
capacity of 3/4 ton.
[Ord. No. 98-1149 § 1]
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 private use or enjoyment of
residents and owners of the development.
Shall mean ownership of two or more contiguous parcels of
real property by one person or by two or more persons owning such
property jointly, as tenants by the entirety, or as tenants in common.
Shall mean an application form completed as specified by
this chapter and the rules and regulations of a Municipal Agency of
the Borough and all accompanying documents required by ordinance for
approval of the application for development, including where applicable,
but not limited to, a site plan or subdivision plat; provided that
a Municipal Agency of the Borough may require such additional information
not specified in this chapter, or any revisions in the accompanying
documents, as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revisions
in the accompanying documents so required by such Municipal Agency
or the Borough.
Shall mean an on ground enclosed area accommodating the placement
of supportive radio-electronic equipment, cabinets or shelter building.
[Ord. No. 2003-1307 § 1]
Shall mean 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 non-binding comment
by the Planning Board and meeting the requirements of this chapter.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specific location will comply
with the conditions and standards for the location or operation of
such use as contained in Article 12 of this chapter, and upon the
issuance of an authorization therefor by the Planning Board.
Shall mean the form of ownership of real property under a
master deed providing for ownership by one or more owners of units
of improvements together with an undivided interest in common elements
appurtenant to each such dwelling unit.
Shall mean a facility devoted to the conduct of meetings,
conferences, seminars, classes, instruction, or management training
at which facility the permanent staff does not exceed 20% of the number
of persons customarily present at the facility when the stated activities
are being conducted.
[Ord. No. 93-969 § 1]
Shall mean building material and rubble resulting from construction,
remodeling, repair and demolition operations on houses, commercial
buildings, pavements and other structures.
[Added 7-13-2020 by Ord.
No. 2020-1843]
Shall mean a lot at the junction of, and having frontage
on, two or more intersecting streets.
Shall mean the termination area of a dead-end street suitable
for maneuvering vehicles.
Shall mean a facility which provides supportive health and
social services in addition to a housing unit for senior citizens.
Dependent living facilities for senior citizens include facilities
such as: assisted-living, extended care, intermediate care and skilled
nursing home facilities.
[Ord. No. 2003-1323 § 1]
Shall mean the relative size or magnitude of a major flood
of reasonable expectancy, which reflects both flood experience and
flood potential and is the basis of the delineation of the floodway
and the flood hazard area and of the water surface elevations thereof.
See Article 14.
Shall mean the elevations of the water surface of the design
flood.
Shall mean 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.
Shall mean the division of a parcel of land into two 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 of
use of land, for which permission may be required pursuant to this
chapter.
Shall mean a zoning ordinance, subdivision ordinance, site
plan ordinance, official map ordinance or other municipal regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to the Municipal Land Use Law.
Shall mean a modification of the final plan which may be
permitted by the Approving Authority if caused by change of conditions
beyond the control of the developer since the date of final approval.
The deviation shall not substantially impair the intent and purpose
of the Master Plan and Zoning provisions of this chapter.
Shall mean any portion of the territory of the Borough within
which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
Shall mean the removal of service water or ground water from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to 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.
[Ord. No. 98-1149 § 1]
Shall mean the lands required for the installation of storm
water 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, for
which access easement by a public agency may be required as a deeded
right.
Shall mean any restaurant, refreshment stand, snack bar,
dairy bar, hamburger stand or hot dog stand where food is served primarily
for consumption at counters, stools or bars outside the building or
primarily for consumption in automobiles parked on the premises, whether
brought to said automobiles by the customer or by employees of the
restaurant, regardless of whether or not additional seats or other
accommodations are provided for customers inside the building.
[Ord. No. 2014-1654 § 1]
Shall mean an access way for vehicles from a public or private
thoroughfare serving one building or a group of buildings under common
ownership.
Shall mean a building or portion thereof designed or used
exclusively for residential purposes by one or more persons including
single family dwellings, multiple family dwellings and apartment dwellings,
boarding and lodging houses, but not including motels, hotels, mobile
homes, tourist cabins, trailers, or trailer courts.
[Ord. No. 94-1000 § 1]
Shall mean the dwelling accommodation consisting of a suite
of one or more rooms occupied or intended to be occupied by one family.
Shall mean a dwelling designed for occupancy by only one
family.
[Ord. No. 94-1000 § 1]
Shall mean natural resources and features or land characteristics
which have sensitivity to improvements and may require conservation
measures or the application of creative development techniques to
prevent degradation of the environment and to promote the public health,
safety and general welfare. Such environmental constraints include
soils which are unsuitable for land disposal of sewage, slopes in
excess of 15%, erosion-prone soils, shallow depths to the layers of
bedrock, seasonal shallow water tables, major rock outcroppings, vegetation,
watercourses, and other land susceptible to flooding, in accordance
with this chapter.
Shall mean a plat which, in addition to identification and
graphic notations, has indicated thereon legal data, environmental
constraints and environmentally controlled areas which may indicate
a sensitivity to damage by the process of development.
Shall mean land, the development of which is subject to special
controls to enforce the exercise of exceptional care in property improvement
and use which is necessitated by the presence of one or more environmental
constraints.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean a large property with a land area substantially
in excess of the requirements in the least-density residential districts
which accommodates an estate mansion and accessory buildings and appurtenances.
Shall mean a large single family residence building fulfilling
the following requirements:
Was at one time the principal building of an estate;
Located on a minimum tract of 20 acres;
The principal portion of the building was constructed or enlarged
prior to January 1, 1940;
Has a minimum of 15 rooms;
Has a minimum of 5,000 square feet;
Has been sufficiently maintained or can be adequately refurbished
to meet uses permitted of an estate mansion by this chapter.
[Ord. No. 93-969 § 1]
Shall mean a long-term care facility or a distinct part of
a facility licensed by the New Jersey department of Health as a nursing
home, infirmary unit of a home for the aged or a governmental medical
institution or as defined by the New Jersey Department of Health.
[Ord. No. 2003-1323 § 1]
Shall mean the total wall surface, including door and window
area of a building's principal face. In computing permitted sign area,
only one face of a building may be used as the principal face.
Shall mean a person, or any number of persons living together
as a single housekeeping unit in a dwelling, as distinguished from
a group occupying a boarding house, lodging house or hotel.
[Ord. No. 581 § 1-3.2; Ord. No. 94-994 § 1]
[Ord. No. 769 § 1; deleted by Ord. No. 2014-1654 § 1]
Shall mean Federal Communications Commission.
[Ord. No. 2003-1307 § 1]
Shall mean a modification of the final plan which may be
permitted by the Approving Authority occurring either prior to or
during the installation of an improvement which may result, but not
substantially, in a change of the general terms, conditions, layout
and design as approved.
Shall mean a modification by an authorized Borough Official
resulting in a departure from an approved plan (either preliminary
or final) if minimal in nature or necessitated by unusual or extraordinary
circumstances occurring either prior to or during the installation
of an improvement which is technical in nature only, within accepted
construction practices and not in conflict with the authority expressed
in a general field change or deviation as defined in this chapter.
Shall mean the official action of the Approving Authority
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.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Approving Authority for Final Approval in
accordance with these regulations and which, if approved, shall be
filed with the Clerk of the County of Somerset.
Shall mean an illuminated sign in which the artificial light
is intermittent or is not maintained in a stationary position or constant
intensity.
Shall mean the floodway, and additional portions of the floodplain
that are subject to flood flow at lesser depths and lower velocities
than the floodway, that are inundated by the design flood and that
are delineated in Article 14 of this chapter.
Shall mean the map identified in Article 14 of this chapter.
Shall mean a relatively flat area adjoining a channel which
has been or may be hereafter covered by flood water from the channel.
Shall mean the channel of a watercourse and portions of the
adjacent floodplain that carry the greater part of flood flow at greater
depths and velocities than do other parts of the floodplain, that
constitute the minimum area required for the passage of flood waters
without aggravating flood conditions upstream and downstream, that
are necessary to preserve the natural regimen of the river or stream
for the reasonable passage of the design flood and that are delimited
in Article 14 of this chapter, and Ordinance No. 558.
Shall mean the area in square footage of all floors, of all
stories above grade of a building, computed by measuring the dimensions
at the outside walls, without deductions for stairwells, cathedral
ceilings and like features.
[Ord. No. 2000-1210 § 1; Ord. No. 2002-1282 § 4]
Shall mean a sign erected on or supported by a base, frame,
pole or braces in or upon the ground and not attached to any building.
Shall mean test pits to a maximum depth of 17 feet to confirm
soil classification bounds and true soil profiles to ascertain soil
erosion potential, stormwater runoff capacity, suitable potable water
supply and suitability of the land for disposal of sewage.
Shall mean the Mayor and Borough Council of the Borough.
Shall mean the elevation of the mean average finished ground
level adjoining a building. Where the finished ground level slopes
away from a building, the grade plane shall be established by the
lowest points within the area between building and a point six feet
from the building, or at the property line if the building is less
than six feet from the property line.
[Ord. No. 2002-1282 § 9]
The sum of the area of all floors of buildings or structures
compared to the total area of land as measured from the exterior walls.
[Ord. No. 2004-1370 § 1;
amended 10-13-2020 by Ord. No. 2020-1852]
See "Free-Standing Sign."
Shall mean a room designed to be used for living, sleeping,
eating or cooking, excluding bathrooms, toilet compartments, laundries,
foyers, hallways, storage rooms, cellars, and similar accessory spaces.
Habitable rooms must have a clear height from finished floor to finished
ceiling of not less than seven feet except that in rooms with sloping
ceilings the clear height shall be not less than seven feet over not
less than 1/3 of the floor area, the floor area excluding any space
less than five feet in height.
Shall mean the vertical distance from a plane representing
the average ground elevation around the foundation to the level of
the highest point of the roof surface or any equipment that projects
above the surface if the roof is flat, or in the case of sloping roofs,
to a point 1/2 the distance between the top of the uppermost plate
and the highest point of the roof.
Shall mean a building containing hotel units, each having
its only access from an interior corridor, designed and intended to
be used as overnight sleeping accommodations for transient guests;
which building has a public lobby and full-time management serving
the guests and which may contain ancillary services and facilities,
such as restaurants, shops and boutiques, recreation facilities, meeting
rooms and convention facilities which shall be accessible from the
interior of the building.
Shall mean a room or suite of rooms in a hotel which shall
consist of a bedroom, a bathroom and closet or closet area, and which
may include not more than one additional room for sitting or sleeping
purposes.
Shall mean a consultant or municipal employee retained by
the Borough Council for the purpose of administering and coordinating
the affordable housing provisions of this chapter, Article 13, (Ordinance
No. 801) and who shall have such duties and responsibilities as herein
set forth.
[Ord. No. 801 § 1]
Shall mean a sign lighted by an exterior or interior artificial
light source.
Shall mean all buildings, structures, patios, pools, solid
decks, tennis courts, sidewalks, driveways and all surfaces through
which water cannot readily pass in order to infiltrate into the ground
below. For the purpose of calculating the maximum impervious area
on a lot, all driveways, including gravel, shall be considered as
impervious area.
[Ord. No. 2002-1282 § 5]
See Manufacture, Light.
[Ord. No. 96-1057]
Shall mean churches, schools, hospitals and other similar
public or semi-public buildings or uses which are operated on a non-profit
basis; federal, state, county or other governmental buildings and
uses, but not including local Borough public buildings and uses.
Shall mean 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 municipality,
whose right to use, acquire, or enjoy property is or may be affected
by any action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any other law of this
state or of the United States has been denied, violated or infringed
by an action or a failure to act under the Municipal Land Use Law
or municipal ordinances.
Shall mean a facility licensed by the New Jersey Department
of Health which provides, on a regular basis, health-related care
and services to individuals who do not require the degree of care
and treatment which a hospital or skilled nursing facility is designed
to provide, but who, because of their mental or physical condition,
require care and services (above the level of room and board) which
can be made available to them only through facilities such as these
or as defined by the New Jersey Department of Health.
[Ord. No. 2003-1323 § 1]
Shall mean any sewerage authority created pursuant to the
"sewerage authorities law," N.J.S.A. 40:14A-1 et seq.; any utilities
authority created pursuant to the "municipal and county utilities
authority law," N.J.S.A. 40:14B-1 et seq.; or any utility, authority,
commission, special district or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the Revised
Statutes that provides gas, electricity, heat, power, water or sewer
service to a municipality or the residents thereof.
[Ord. No. 98-1149 § 1]
Shall mean 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.
[Ord. No. 98-1149 § 1]
Shall mean the computed area contained within the lot lines.
Shall mean the length of the front lot line.
Shall mean the property lines bounding the lot.
LOT LINE, FRONT shall mean the line separating the lot from
a street (same as street lot line).
LOT LINE, REAR shall mean the lot line or lines opposite the
most distant from the front lot line or the point at which the two
side lot lines meet.
LOT LINE, SIDE shall mean any lot line or lines opposite the
most distant from the front lot line or the point at which the two
side lot lines meet.
LOT LINE, STREET shall mean the same as front lot line.
Shall mean total gross household income equal to 50% or less
of the median household income for households of the same size and
using the median income data for household size prepared by the United
States Department of Housing and Urban Development (HUD) for the region
which includes Bernardsville.
Shall mean any security, which may be accepted by the Borough
for the maintenance of any improvements required by this Code, 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.
[Ord. No. 98-1149 § 1]
Shall mean all site plans not classified as minor site plans.
Shall mean any subdivision which is not classified as a minor
subdivision.
Shall mean a use engaged in the production of finished products
or parts from previously prepared materials including processing,
assembly, treatment, packaging, and incidental storage and distribution
of such products.
[Ord. No. 96-1057]
Shall mean a small scale recovery solid waste facility which
is primarily designed, operated and permitted to process a nonhazardous
solid waste stream by utilizing manual and/or mechanical methods to
separate from the incoming waste stream categories of useful materials
which are then returned to the economic mainstream in the form of
raw materials or product of reuse.
[Added 7-13-2020 by Ord.
No. 2020-1843]
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted pursuant to Article 6 of this chapter.
Shall mean a development plan of one or more lots, not located
in a Riparian Yard, and not exceeding one acre in size or, having
buildings with aggregate floor areas in excess of 5,000 square feet,
and complying with the requirements enumerated in Article 9 of this
chapter. A minor site plan does not involve:
Shall mean a subdivision of land for the creation of no more
than four lots provided that such subdivision does not involve:
Shall mean total gross household income between 50% and 80%
of the median household income for households of the same size for
the region which includes Bernardsville, using the median income data
for household size prepared by HUD.
Shall mean the Borough Planning Board or Board of Adjustment,
or Borough Council when acting pursuant to this chapter and any agency
created consistent with this chapter that is acting pursuant to this
chapter.
Shall mean a person who is domiciled in the Borough of Bernardsville.
[Ord. No. 98-1149 § 1]
Shall mean a lot the area, dimension, shape or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision or amendment.
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.
Shall mean an extended or intermediate care facility licensed
by the New Jersey Department of Health to provide full-time convalescent
or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves or as defined
by the New Jersey Department of Health, also known as skilled nursing
home facility.
[Ord. No. 2003-1323 § 1]
Shall mean 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.
[Ord. No. 98-1149 § 1]
Shall mean a map adopted by ordinance pursuant to Article
8 of this chapter.
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 the closest half of the street
or right-of-way abutting the property of which the lot is a part.
[Ord. No. 98-1149 § 1]
Shall mean 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.
[Ord. No. 98-1149 § 1]
Shall mean located on the lot in question and excluding any
abutting street or right-of-way.
[Ord. No. 98-1149 § 1]
[Repealed by Ord. No. 10-1532 § 1]
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 structures, off-street
parking and other improvements that are designed to be incidental
to the natural openness of the land.
Shall mean any person, partnership or corporation or other
legal entity having sufficient proprietary interest in the land to
permit its development, but must have a fee-simple ownership of the
land before development commences.
Shall mean an open area other than a street or other public
way, used for the parking of motor vehicles and available for public
use whether for a fee or as a service or privilege for clients, customers,
suppliers or residents.
Shall mean accommodation for the off-street parking of a
motor vehicle, having an area and dimensions exclusive of access drives
and aisles, as hereinafter specified in this chapter.
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 Article 4.
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.
[Ord. No. 98-1149 § 1]
Shall mean the Planning Board of the Borough.
Shall mean a map or maps of a subdivision or site plan.
Shall mean any sign not permanently attached to the ground
or to a building and which is readily and easily movable from one
location to another.
Shall mean the conferral of certain rights pursuant to this
chapter prior to Final Approval after specific elements of a development
plan have been agreed upon by the Approving Authority and the applicant.
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.
Shall mean the preliminary map indicating the proposed layout
of a development which is submitted for consideration and Preliminary
Approval, and which map meets requirements of Articles 9 and 10 of
this chapter.
Shall mean the primary or predominant use of the premises.
Shall mean a private common accessway for more than one but
not more than four single family dwelling units or four single family
properties.
[Ord. No. 07-1477 § 2]
Shall mean a detached accessory building or portion of a
main building used only for the storage of a passenger vehicle or
vehicles as allowed in Article 12.
Shall mean those minor roads other than a driveway or a dedicated
public street that provide access to and frontage for lots that do
not abut a dedicated public street. A private road shall be labeled
upon any subdivision plat, showing the same, and shall be marked "Dedicated
for Road Purposes."
Shall mean the offices or studios of the following professional
persons: physician, surgeon, dentist, osteopath, engineer, teacher,
artist, musician, lawyer, architect and other professions as determined
by the Approving Authority to be similar in character.
Shall mean (1) public parks, playgrounds, trails, paths and
other recreational areas; (2) other public open spaces; (3) scenic
and historic sites; and (4) sites for schools and other public buildings
and structures.
Shall mean a motor vehicle repair shop, motor vehicle service
or filling station, motor vehicle storage garage or other building,
premises or land upon which a business, service or industry involving
the storage, maintenance, repair or servicing of motor vehicles is
conducted or rendered.
Shall mean visible from a public thoroughfare, sidewalk,
public lands or buildings.
[Ord. No. 2003-1307 § 1]
Shall mean and include yoga, exercise, martial arts, personal
training and similar studios. Retail sales of goods directly related
to the instructional emphasis on-site may be provided in conjunction
with the principal recreational instruction use.
[Ord. No. 2013-1623 § 1]
Shall mean a vehicle without permanent foundation that can
be towed, hauled or driven and primarily designed for recreational,
camping and travel use, and including:
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.
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.
MOTORIZED HOME shall mean a portable dwelling designed and constructed
as an integral part of a self-propelled vehicle.
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.
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.
UTILITY TRAILER shall mean a vehicle drawn by another vehicle
and shall exclude trailers otherwise defined as recreational vehicles.
[Ord. No. 2015-1701 § 1]
Shall mean any establishment, where food and drink are prepared
and served. Restaurant shall include cafe, bar and tavern.
[Ord. No. 2014-1654 § 1]
Shall mean (1) the further subdivision or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved or recorded according to law or (2) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
[Ord. No. 98-1149 § 1]
Shall mean the watercourse, the flood hazard area and a contiguous
area that buffers the watercourse of the floodplain thereof from abnormal
fluctuations in discharge and burdens of foreign substances and which
is delineated in Article 14 of this chapter.
Shall mean a sign erected above or on the roof of a building
any part of which extends more than six inches above the facade of
a building.
Shall mean any structure, facility or building used wholly,
or in part, for educational purposes as a public or private institution
that meets the New Jersey requirements for early childhood, elementary
or secondary education.
[Ord. No. 2014-1669 § 1]
Shall mean that geographic area (which may or may not extend
beyond municipal boundary lines) within which wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
[Ord. No. 2003-1307 § 1]
Shall mean the deposition of soil that has been transported
from its site or origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean a structure containing separate storage spaces
of varying sizes leased or rented on an individual basis. Outdoor
storage is not permitted.
[Ord. No. 96-1057]
Shall mean person 55 years old or older, or as defined by
the New Jersey State Department of Health.
[Ord. No. 2003-1323 § 1]
Shall mean a line parallel to the property line established
by applying the minimum yard restrictions set forth in this chapter.
Shall mean sales permitted in the B-1 Business District,
C-1 Commercial District and Highway Development District on days designated
by the Governing Body consisting of goods and merchandise sold in
the ordinary course of business by business establishments on the
sidewalk immediately in front of or adjacent to the establishments
or within marked areas of a parking yard or lot contiguous and accessory
to the business establishments adjacent thereto.
Shall mean the right or easement to control lands, required
to safeguard the public against dangerous or hazardous conditions
due to visual obstructions.
Shall mean any sign, billboard, ground sign, roof sign, sign
printed or affixed on the exterior surface of a building or structure,
illuminated sign, temporary sign awning, pennant, banner, canopy or
other device which is used as, or which is in the nature of an announcement,
declaration, demonstration, display graphics, artwork, illustration
or insignia to identify, advertise or promote the interest of any
person or product when the same is placed out of doors in view of
the general public. All signs, except those permitted in Residential
zone districts, shall be regarded as and be buildings or structures
within the meaning and intent of this chapter.
[Ord. No. 581 § 1-3.2; Ord. No. 890 § 1]
Shall mean the total square foot content of the background
upon which the lettering or display is presented. If there is no background,
the sign area shall be computed as the product of the largest horizontal
width and largest vertical height of the lettering or display. This
shall not be construed to include supporting members of any sign which
are used solely for such purpose. For signs with two display faces,
the maximum area requirements shall be permitted on each side.
Shall mean a sign which directs attention to a business,
commodity, service or other activity conducted, sold or offered upon
the premises where such sign is located.
Shall mean a sign consisting of an image, outline, form,
wording or lettering, but having no background or display surface.
Shall mean ownership by one person or by two or more persons
whether jointly, as tenants by the entirety, or as tenants in common,
of a separate parcel of real property not adjacent to land in the
same ownership.
Shall mean a development plan of one or more lots on which
is shown (1) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterway, (2) 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, and (3) any other information
that may be reasonably required for the Approving Authority to make
an informed determination of the suitability of the proposed completed
site, pursuant to Article 9 of this chapter.
Shall mean the right or easement to control lands, required
to safeguard the public against dangerous or hazardous conditions
due to excessive gradients.
Shall mean a facility for the temporary storage of trash,
garbage and other unwanted or discarded material awaiting transportation
to other locations for permanent disposition.
Shall mean a development procedure whereby a large tract
to be developed over a long period of time may be developed in a partial,
but orderly manner.
Shall mean standards (1) adopted by ordinance regulating
noise levels, glare, earthborne or sonic vibration, heat, electronic
or atomic radiation, noxious matters, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required by the Borough
or (2) required by applicable federal or state laws or municipal ordinances.
Shall mean that portion of a building between the finished
surface of any floor and the finished surface of the floor next above
it, if there is one, else the ceiling next above it; provided that
the finished surface of the floor of that portion is entirely above
grade, or that the finished surface of the floor next above (or if
there is no floor above, the ceiling next above) is:
Shall mean any street, avenue, boulevard, road, lane, alley,
parkway, viaduct, drive or other way (1) which is an existing state,
county or municipal roadway, or (2) which is shown upon a plat heretofore
approved pursuant to law, or (3) which is approved by official action
as provided by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or (4) which is shown on a plat duly filed and recorded in the Office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
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.
Shall mean any person, partnership, corporation, or other
legal entity commencing proceedings under this chapter to effect a
subdivision of land hereunder for himself or for another.
Shall mean the subdivision of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development, the following are not to be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or the Subdivision
and Site Plan Review Committee to be for agricultural purposes where
all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property by court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the tax map or atlas of the Borough. The term "subdivision"
shall also include the term "re-subdivision."
Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter, and
having such other duties relating to land subdivisions, and preliminary
reviews as may be conferred on the committee by the Board.
Shall mean a sign constructed of light material design or
intended to be displayed for a short period of time.
Shall mean a building designed for or occupied exclusively
by one family and attached to other similar buildings or structures
by party walls extending from the foundation to the roof and providing
two direct means of access from the outside. For the purpose of this
chapter, a townhouse may include a building in fee simple, condominium
or cooperative ownership or any combination thereof.
Shall mean a vehicle used, or so constructed as to permit
its being used as a licensed conveyance upon the public streets or
highways and constructed in such manner as will permit occupancy as
a dwelling or sleeping place for one or more persons.
Shall mean the typed or printed verbatim record of the proceedings
or reproduction thereof.
Shall mean a room containing not more than two beds, a bathroom
and any other facilities required by the New Jersey State Department
of Health.
[Ord. No. 2003-1323 § 1]
Shall mean the purpose for which land, a structure or a building
is designed, arranged or intended or for which it is or may be occupied
or maintained.
Shall mean departure from the literal requirements of these
development regulations pursuant to Statutes and municipal ordinances.
Shall mean any sign attached to, painted upon, or erected
against the wall or facade of a building or structure.
Shall mean any stream, channel, lake, or pond delineated
on the flood map as "watercourses," or any normally wet area contiguous
thereto.
Shall mean a sign maintained in or painted upon a window
which is clearly visible to the general public from an out-of-doors
position.
Shall mean panels, whips or similar apparatus, except satellite
dishes that transmit or receive radio frequency signals, digital signals,
analog signal, or electromagnetic waves for wireless communications.
[Ord. No. 2003-1307 § 1]
Shall mean a company licensed by the FCC to provide cellular
or personal wireless facilities to their franchise region.
[Ord. No. 2003-1307 § 1]
Shall mean an area which houses any combination of wireless
telecommunications structures, buildings, and equipment.
[Ord. No. 2003-1307 § 1]
Shall mean a freestanding vertical structure used to support
wireless telecommunications antennas.
[Ord. No. 2003-1307 § 1]
Shall mean an in-building workplace in which work is carried
on.
[Ord. No. 2005-1376 § 2]
Shall mean:
FRONT YARD shall mean an open, unoccupied space, unless occupied
by a use as hereinafter specifically permitted, extending across the
full width of the lot and lying between the front lot line and the
nearest line of the building, including porches, but excluding steps,
bay windows, or ornamental features.
SIDE YARD shall mean an open unoccupied space, unless occupied
by a use as hereinafter specifically permitted, extending from the
front yard to the rear yard on the same lot with the building, between
the building and the side lot line, including porches, but excluding
steps, bay windows, or ornamental features.
REAR YARD shall mean a space unoccupied, except by an accessory
use or building as hereinafter specifically permitted, extending across
the full width of the lot between the rear lot line and the nearest
line of any building, other than an accessory building, and including
porches, but excluding steps, bay windows, or ornamental features.
Shall mean the zoning map for the Borough together with all
amendments subsequently adopted.
Shall mean the officer or other designated authority charged
with the administration and enforcement of this chapter.
[1]
Editor's Note: When this subsection is amended, the definitions
are inserted with their individual sources attached to each definition.
