[Ord. No. OR:09/01 § 28-201]
For the purpose of this chapter, certain phrases and words are
herein defined as follows:
Words used in the present tense include the future tense.
Words used in the singular number include the plural number
and vice versa.
Words used to include the male gender include the female gender
and vice versa.
The word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used."
The word "lot" includes the words "plot" and "premises."
The word "building" includes the word "structure."
The word "shall" is mandatory and not discretionary.
The word "may" is discretionary and not mandatory.
[Ord. No. OR:09/01 § 28-202]
Whenever a word or term is used in this chapter which is not
defined in this chapter, but is defined in the Municipal Land Use
Law (MLUL) or the New Jersey Residential Site Improvement Standards
(RSIS), the word or term is intended to be consistent with the meaning
as defined in the MLUL or the RSIS and with the permissible standards
pertaining to the word or term. Any word or term used in this chapter
which is not defined in this chapter or in the MLUL or RSIS is being
used with a meaning of standard usage as defined in Webster's New
International Dictionary of the English Language, unabridged and latest
edition.
[Ord. No. OR:07/21 § 1; Ord. No. OR:09/01 § 28-203]
The following words and terms shall have the meanings as indicated
below. For ease of reference, terms defined below are italicized where
used in this chapter.
In accordance with N.J.A.C. 5:93-5.9 of the Substantive Rules
of the New Jersey Council on Affordable Housing, the term accessory
apartment shall mean a self-contained residential dwelling unit with
a kitchen, sanitary facilities, sleeping quarters, and a private entrance,
which is created within an existing home, or through the conversion
of an existing attached accessory structure on the same site, or by
an addition to an existing home or accessory building. An accessory
apartment shall only be permitted in accordance with the applicable
requirements of this chapter and the Housing Element and Fair Share
Plan that has received Substantive Certification from the New Jersey
Council on Affordable Housing.
A building or structure that is customarily associated with
and subordinate and incidental to the principal building(s) or principal
structure(s) and not intended for habitation. Any accessory building
or accessory structure attached to the principal building shall be
considered part of the principal building.
A subordinate use, which does not violate this chapter, the
purpose of which is subordinate and incidental to the principal use
and located on the same lot thereto.
An extension or an increase in the floor area, height or
coverage of a building or structure.
The Clerk of the Planning Board or the Clerk of the Zoning
Board of Adjustment, as the case may be, unless a different municipal
official is designated by this chapter to administer certain of the
responsibilities specified for the Administrative Officer in the MLUL.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties including, but not limited to, inadequate
drainage facilities, unsuitable street grades, street locations that
fail to compose an effective circulation system, failure to provide
or make future allowance(s) for access to the interior portion of
adjoining lots or for other facilities required by this chapter, and
danger from fire, flooding, erosion or other menace.
A residential dwelling that is sold or rented for an amount
within the means of a low or moderate income household as defined
by the New Jersey Council on Affordable Housing.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of ingress and egress; or
an enlargement, whether by extending on a side or by increasing in
height; or the moving from one location or position to another.
A developer submitting an application for development.
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 pursuant to N.J.S.A. 40:55D-34 or C. 40:55D-36.
A space between the ceiling beams of the top habitable story
and the roof rafters. Attic space which has a stairway for access
and egress and in which the ceiling area at a height of seven feet
four (7' 4") inches above the attic floor is more than one-third (1/3)
the area of the floor next below shall be considered a story for the
purposes of this chapter.
That portion of a building partly below and partly above
grade, where the ceiling of such area averages four (4) feet or more
above the finished grade where such finished grade meets the outside
walls of the building. A basement shall be considered a story when
the distance from finished grade to the finished surface of the floor
above the basement is more than six (6) feet for more than fifty percent
(50%) of the total perimeter surrounding the interior basement area
or when the distance from finished grade to the finished surface of
the floor above the basement is more than twelve (12) feet at any
point.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes which is located on a
site other than the site to which the advertising relates.
The Planning Board or the Zoning Board of Adjustment of the
Borough, as the case may be.
A building or part thereof, other than a building containing
apartments or townhouses as permitted by this chapter, arranged or
used for lodging for compensation, monetary or otherwise, with or
without meals included, and not occupied as a single housekeeping
unit.
The Borough of Watchung, Somerset County, New Jersey.
A structure designed to convey motorized/nonmotorized vehicles
and/or pedestrians over a watercourse, railroad, street or other obstacle
or depression.
An unoccupied portion of land maintained as a landscaped
area and used to visibly separate one structure or use from another
structure or use.
An unoccupied portion of land maintained as a landscaped
area, consisting primarily of densely planted vegetation, fencing
and/or walls used to visually shield or obscure one abutting or nearby
structure or use from another.
A structure constructed for the permanent, temporary or continuous
occupancy and having a roof.
The vertical distance measured from the lowest exterior finished
grade elevation adjacent to the building to the highest point of the
building in the case of flat roofs, or measured to the mean level
between the eaves and the highest point of the roof in the case of
pitched roofs. In all cases where this chapter provides for height
limitations by reference to a specified height and a specified number
of stories, the intent is to limit height to the specified maximum
footage and the specified number of stories within said footage.
That paved portion of a street (public or private) or right-of-way
that is intended for vehicular movement.
The New Jersey Council on Affordable Housing.
That portion of a building partly below and partly above
grade, where the ceiling averages less than four (4) feet above the
finished grade where such grade meets the outside walls of the building.
Any land or place used for the interment of human remains.
The certificate issued by the Construction Official pursuant
to N.J.A.C. 5:23 and in accordance with this chapter permitting the
use of a structure.
A use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in § 28-501.
An easement in favor of the Borough for the purpose of preserving
open space, aquatic buffers and/or the natural, scenic, aesthetic
or historic value of land and precluding any disturbance of the area.
That proportion of a lot covered by buildings as measured
in a horizontal plane around the periphery of the foundation and including
the area under any roof extending more than two (2) feet beyond the
foundation.
That proportion of a lot covered by impervious surfaces.
The area is measured in a horizontal plane to the limits of the structure
or improvement.
Wetlands, 100-year floodplain or flood hazard areas, and
lands with a topographic slope fifteen (15%) percent or greater.
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.
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 of use of
land, for which permission may be required pursuant to the MLUL.
Money paid by an individual, person, partnership, association,
company, or corporation to the improvement of property as permitted
in N.J.A.C. 5:92-18 et seq.
A private travel way providing access for a lot to a street
or highway.
The area of the driveway within the right-of-way limits of
any street extending from the cartway to the street line.
An area adjacent and connected to the driveway providing
a convenient location for vehicles to reverse direction.
A room or series of connected rooms designed for permanent
residency and containing living, cooking, sleeping and sanitary facilities
for one (1) housekeeping unit. A dwelling shall be self-contained
and shall not require the use of outside stairs, passing through another
dwelling unit or any other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
APARTMENT (RENTAL OR CONDOMINIUM)A building, other than a building of attached townhouses, containing a minimum of three (3) dwelling units.
DETACHED SINGLE FAMILYA building containing sleeping, sanitary and general living facilities which is physically detached from any other building or portion thereof and which is occupied or intended to be occupied for residential purposes by one (1) housekeeping unit only, including any domestic servants employed on the premises.
PATIO HOMEA one-family dwelling unit on an individual lot which may be attached to a second one-family dwelling unit on an adjacent lot.
TOWNHOUSEA building containing at least three (3), but no more than eight (8), connected dwelling units, where each dwelling unit:
Has its own front and rear access to the outside;
Is not located over any portion of another unit;
Is separated from any other dwelling unit by one (1) or more
common fire resistant walls; and
Is compatibly designed in relation to all other units, but is
distinct by such design features as width, setback, roof design, color,
exterior materials, and other features, singularly or in combination.
An addition to the floor area of any existing building, or
an increase in the size of any existing structure, or an increase
in that portion of a tract of land occupied by any existing use.
The value of a property determined by the Borough Tax Assessor
through a process designed to ensure that all property in the Borough
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Tax
Assessor.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish,
but it shall not include any of the foregoing activities when performed
as an incident to the change of advertising message or normal maintenance
or repair of a sign or sign structure.
An ornamental fence style reminiscent of elegant wrought
iron custom craftsmanship. Fencing materials shall be aluminum, steel,
wrought iron, metal or composite; finished or painted in one (1) color
only, harmonized with the surrounding area. An estate fence section
shall consist of a combination of horizontal rails and vertical pickets
in either a straight, concave or convex style. Pickets may not be
fitted with finials or spear points at the top of the fence. Circles
and scroll castings may be added between the rails and pickets to
enhance the uniqueness of the design. Each fence section shall attach
to posts of similar construction. Monumental columns, which may be
of wood, stone, brick or masonry construction not to exceed three
(3) feet of any side or diameter and located at the corners of the
fence or driveway entrance or walkway entrance.
The word family shall mean the same as housekeeping unit.
A lot with at least five (5) acres of land devoted to the
growing and harvesting of crops and/or the raising and/or breeding
of animals, including truck farms, fruit farms, nurseries and greenhouses,
silva culture operations, dairies and livestock produce, except that
commercial piggeries and commercial slaughtering are prohibited. Structures
incidental to a farm such as barns and packing, grading and storage
buildings for produce raised on the premises; fences; buildings for
the keeping of permitted poultry and livestock; and garages for the
keeping of trucks and other equipment used in farm operations are
permitted when accessory to a permitted farm.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas. All fences
shall be symmetrical in appearance, with posts separated by identical
distances, with the fencing conforming to a definite pattern and uniform
design.
A lot whose building area, i.e., the "flag" portion, is connected
to the street giving access to it by a strip of land, i.e., the "pole"
portion, whose principal purpose is to provide legal and/or actual
access to the buildable area. In general, the buildable area of a
flag lot is located to the rear of another lot(s) fronting on the
same or intersecting street.
The sum of the area of all floors of buildings or structures.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions including working,
living, eating, cooking, sleeping, stair, hall, service and storage
areas, but excluding garages, carports, parking spaces, cellars, utility
(heating and cooling) rooms, half-stories, and unfinished attics and
basements. Moreover, for the purposes of determining the off-street
parking requirements of this chapter for nonresidential uses, any
net habitable floor area having a headroom of six and one-half (6 1/2)
feet or more shall be utilized in the calculation.
The ratio of the gross floor area of all buildings on a lot
divided by the lot area.
The square footage of the total wall surface of the front
of building below the roofline, including any windows or doors. The
front of the building shall be where the main entrance is located.
An accessory building to a principal nonresidential building
and use, which is utilized primarily for the parking and storage of
vehicles operated by the customers, visitors and employees of such
nonresidential building and use, and which is not available to the
general public.
An accessory building for the storage of motor vehicles regularly
operated by occupants of the principal building.
A building or portion thereof, other than a private nonresidential
garage or private residential garage, utilized primarily for the parking
and storage of vehicles and available to the general public.
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
A land area at least one hundred (100) acres in size containing
an eighteen (18) hole play area, together with necessary and usual
accessory uses and accessory structures.
The slope of a road, path, driveway, swale or other surface,
or the finished ground elevation adjoining a building or structure
at project completion.
Any site, building, area, structure or object important in
American history or prehistory, architecture, archaeology and culture
at the national, State, County, local or regional level.
An organization operating in a development under recorded
agreements through which each lot owner shall be a member and each
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the Borough
in accordance with N.J.S.A. 40:55D-43.
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency.
One (1) or more persons living together in one (1) dwelling
unit on a nonseasonal basis and sharing living, sleeping, cooking
and sanitary facilities on a nonprofit basis.
As applied to all surfaces, that portion of the premises
covered by buildings, principal and accessory, and improvements, such
as driveways, parking lots, pools, tennis courts (except grass), patios,
porches and walkways. All surfaced parking areas and driveways, all
required parking areas which are permitted to remain unsurfaced, and
all gravel driveways and gravel parking lots shall be considered an
impervious surface for the purposes of this chapter. In the event
that a deck is constructed above ground and the area below the deck
is highly resistant to infiltration by water, the total area of the
deck shall be considered an impervious surface for purposes of this
chapter. In the event that a deck exceeds eight hundred (800) square
feet and the area below the deck is not highly resistant to infiltration
by water, the area of the deck that exceeds eight hundred (800) square
feet shall be considered impervious surface for the purposes of this
chapter. Further, in order to be excluded from the definition of "impervious
surface," the decking surface of the deck shall be composed of wood,
composite lumber or other such material placed in the form of generally
parallel boards to the pervious surface beneath and shall not consist
of concrete, tile, pavers or other such surface that does not allow
water runoff to fall to the pervious surface below.
[Amended 9-9-2021 by Ord. No. 21/06]
Any space, whether inside or outside a building, used for
remuneration in connection with the storage, keeping or abandonment
of junk, including scrap metals or other scrap materials, or for the
dismantling, demolition, salvage, resale or abandonment of automobiles
or other vehicles or machinery or parts thereof.
Any activity involving the clearing, cutting, excavating,
or grading of land or any other activity which alters land topography
and/or vegetative cover exclusive of personal or home gardening by
a homeowner on their own real property.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
A designated parcel, tract, or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The area contained within the lot lines of a lot and not
including any portion of a street right-of-way.
A lot abutting the intersection of two (2) or more streets,
where the interior angle of intersection does not exceed one hundred
thirty-five (135) degrees. Each corner lot shall have two (2) front
yards (along each street), one (1) side yard and one (1) rear yard,
the side yard and rear yards to be designated at the time of application
for a construction permit.
The shortest perpendicular distance, or radial distance in
the case of a curved frontage, between the street line and the midpoint
of the rear lot line. The lot depth requirements shall apply to lots
created subsequent to the adoption of this chapter. (See Figure 1:
Lot Depth and Lot Width graphic in Appendix A.[1])
The distance between side lot lines measured along the street
line. In the case of a corner lot created subsequent to the adoption
of this chapter, the shorter street line shall equal or exceed the
minimum frontage requirement, while the other street line shall equal
or exceed the applicable lot depth requirement.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and is the same line as the street line for that portion of a
lot abutting a street.
The straight line distance between side lot lines measured
at the minimum required front yard setback line. In the case of a
corner lot created subsequent to the adoption of this chapter, lot
width shall be measured parallel to the shorter street line along
the minimum required front yard setback line. (See Figure 1: Lot Depth
and Lot Width graphic in Appendix A.[2])
Housing affordable according to COAH regulations, to a household
with a total gross annual income equal to fifty (50%) percent or less
of the median gross household income for households of the same size
within the housing region in which the housing is located as adopted
by COAH, and which is subject to affordability controls consistent
with COAH regulations.
Any site plan that is not classified as a minor site plan.
Any division of land not classified as a minor subdivision.
A permanent roof-like shelter extending from part or all
of a building face.
A swimming pool and the apparatus and equipment pertaining
thereto, operated on a membership basis without a daily admission
charge.
Any plan for development which:
Is limited to the proposed construction of any permitted or
accessory use which is not exempted from site plan review pursuant
to this chapter; or
Consists of an expansion of, or addition to, an existing conforming
structure and/or use which is not exempted from site plan review pursuant
to this chapter and which:
Does not account for more than five thousand (5,000) square
feet of additional lot coverage;
Does not exceed more than one thousand (1,000) square feet of
enclosed and roofed area;
Does not involve a planned development; and
Does not entail the installation of any road improvements or
the expansion of public facilities.
The minor site plan application shall contain information reasonably
required in order to make an informed determination as to whether
the requirements established by chapter for approval of a minor site
plan have been met.
Any division of land for the creation of not more than three
(3) lots none of which can be further subdivided except upon filing
of major subdivision application, each fronting upon, and provided
vehicular access to, an existing street either improved in accordance
with N.J.S.A. 40:55D-35 or granted relief therefrom in accordance
with N.J.S.A. 40:55D-36, and which:
Does not involve any new street or access easement or the installation
of any street improvements or the extension of Borough facilities,
except as may be required along the street frontage of the subject
property.
Does not involve any streets requiring additional right-of-way
width as specified in the currently adopted Traffic Circulation Plan
Element of the Borough Master Plan and/or the street requirements
of this chapter, unless such additional right-of-way width, either
along one (1) or both sides of said street(s), as applicable, is offered
in fee to the Borough or to some other governmental authority prior
to classification as a minor subdivision and deeded over in fee as
a condition of any approval.
Does not involve any required off-tract improvements.
Does not involve a planned development.
Is not deficient in those details and specifications required
of minor subdivisions as specified in this chapter.
Is not a further division of an original tract of land for which
previous minor subdivision approval had been granted by the Borough
and where the combination of the proposed and any previously approved
minor subdivisions constitute a major subdivision.
Any readjustment of lot lines resulting in no additional lots
shall be classified as a minor subdivision for purposes of the application
and review requirements specified in this chapter.
Housing affordable according to COAH regulations, to a household
with a total gross annual income in excess of fifty (50%) percent
but less than eighty (80%) percent of the median gross household income
for households of the same size within the housing region in which
the housing is located as adopted by COAH, and which is subject to
affordability controls consistent with COAH regulations.
N.J.S.A. 40-55D-1 et seq.
A lot having an area and dimensions which were lawful prior
to the adoption, revision or amendment of this chapter, but which
fails to conform to the currently applicable requirements of this
chapter by reason of such adoption, revision or amendment.
A structure, the size, dimensions and location of which were
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the currently applicable requirements
of this chapter by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the currently applicable requirements of this chapter by reason
of such adoption, revision or amendment.
Any offensive, annoying, unpleasant or obnoxious thing or
practice which unreasonably interferes with the enjoyment and use
of property.
A porch that is open on three (3) sides except for possible
wire screening. A porch shall not be considered to be an open porch
if it is enclosed either by permanent or detachable glass panes on
any of the three (3) open sides.
An incorporated, nonprofit organization, oftentimes called
a "Homeowners' Association," which operates under a recorded land
agreement and provides that:
Each owner is automatically a member;
Each occupied dwelling unit is automatically subject to a charge
for a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
organization by the Borough; and
Each owner and tenant has the right to use the common property.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
Any public or private area designed and used for parking
of motor vehicles, including parking lots and garage, and legally
designated areas of public streets.
Any area for the parking of motor vehicles within a public
or private parking area.
Any use of land or buildings as permitted by this chapter.
An area to be developed as a single entity according to a
plan in accordance with the applicable requirements of this chapter
and which includes common or public open space area as an appurtenance;
i.e., a development in which the permitted buildings are grouped closer
to each other than would otherwise be permitted, and in which the
open space so saved remains an integral element of the development.
The two-dimensional space within a lot defined by the minimum
required yard setback dimensions, upon which a principal building
or structure is permitted to be built. (See Figure 3: Required Setbacks,
Yards and Principal Building Envelope graphic in Appendix A.[3])
A building, structure or use that is the main or primary
building, structure or use on the lot.
A street that is not publicly maintained or not intended
to be publicly maintained.
The office of a member of a recognized profession as hereinafter
indicated when conducted on a residential property and conducted by
a member or members of the residential family entirely within a residential
building, and including only offices of ministers, architects, professional
engineers, land surveyors, lawyers, accountants, medical doctors and
dentists.
The use of land or buildings by the Borough or any officially
created authority or agency thereof.
Visible from a public thoroughfare, public lands or public
building.
A shopping center which contains at least seven hundred fifty
thousand (750,000) gross square feet of floor area on at least seventy
(70) acres of contiguous land and which includes at least three (3)
commercial establishments which individually occupy at least fifty
thousand (50,000) gross square feet of floor area and at least two
(2) additional commercial establishments which individually occupy
at least forty thousand (40,000) gross square feet of floor area.
A building, accessory to a detached dwelling unit, which
is utilized for the storage of tools, lawn and garden equipment and
furniture and similar items of personal property owned by the occupants
of the detached dwelling unit.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building, providing
that a drive-through window shall be considered as an accessory use
to the restaurant requiring conditional use approval by the Borough
where permitted and in accordance with the applicable provisions of
this chapter. However, a snack bar or refreshment stand at a public
swimming pool, golf course, playground, playfield or park, operated
solely by the agency or group operating the recreational facility
and for the convenience of the patrons of the facility, shall not
be deemed a restaurant.
Any property either owned by the Borough, County of Somerset
or State of New Jersey in fee simple, dedicated for street purposes
by way of a filed plat approved pursuant to the law or over which
the Borough has an easement which is held for road, utility or any
other municipal purpose.
That geographic area (which may or may not extend beyond
Borough boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission.
A person who is sixty-two (62) years of age or older.
Lands and buildings providing for the sale of automotive
fuel, lubricants, and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station shall be permitted.
A line that is established a minimum horizontal distance
from the street line or proposed street line or lot line and beyond
which a building or part of a building is not permitted to extend
toward the street line or proposed street line or lot line. (See Figure
3: Required Setbacks, Yards and Principal Building Envelope graphic
in Appendix A.[4])
FRONT YARD SETBACKThe minimally required distance between the street line and the closest point of a building on a lot, measured horizontally and at right angles to either a straight street line or the tangent of curved street lines, and extending across the full width of the lot. The required front yard setback shall be measured from the street line when the street line and property line do not coincide.
REAR YARD SETBACKThe minimally required distance between the rear lot line and the closest point of a building on the lot, measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot line, and extending across the full width of the lot.
SIDE YARD SETBACKThe minimally required distance between each side lot line and the closest point of a building on the lot, measured horizontally and at right angles to either a straight side lot line or the tangent lines of curved side lot lines, and extending from the required front yard setback to the required rear setback and lying between.
A single driveway serving two (2) or more adjoining lots.
A group of commercial establishments which are planned, constructed
and managed as a total entity in accordance with a common architectural
theme and which are provided on-site customer and employee parking
and the location for the delivery of goods separated from customer
access.
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than twelve (12) inches above the street
centerline except for street signs, fire hydrants and light standards.
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identity,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination, or projected images, provided that the display
of public notices, the flag, emblem or insignia of the United States
of America, political unit, temporary signs or temporary display in
connection with a charity drive for contributions shall not be considered
signs under the provisions of this chapter.
The entire area within a continuous perimeter enclosing the
limits of the actual message or copy area. It does not include any
structural elements outside the limits of the sign surface and not
forming an integral part of the display. For projecting or double-faced
signs, where the sign faces are parallel, the sign area of only one
(1) display face shall be measured in computing total sign area.
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment sold or offered upon the same
premises where such sign is located
A sign containing directional information about public places
owned or operated by Federal, State or local governments or their
agencies; publicly or privately owned natural phenomena, historic,
cultural, scientific, educational and religious sites; and areas of
natural beauty or naturally suited to outdoor recreation.
A sign, the illumination of which is not kept constant in
intensity at all times when in use.
An illuminated sign with illumination that is derived from
an external artificial source.
A sign that states the name or address or both of the occupant
of the premises where the sign is located.
A sign noticing a real estate event whereby a residential
property in the Borough is made available for public inspection without
the necessity of an interested person having to make a specific appointment
for inspection.
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment not necessarily sold or offered
upon the premises where the sign is located.
A sign listing only the name and profession of the practitioner.
A sign that is attached to the building wall and extends
more than eighteen (18) inches from the face of such wall.
A sign which moves in any manner by mechanical means.
A sign constructed or supported upon the roof of any building
or structure.
A sign which is intended to advertise community or civic
projects, real estate for sale or lease, or other special events on
a temporary basis. Except for real estate and nonprofit community
or civic projects, all temporary signs shall require a zoning permit
except for those specifically exempted by this chapter.
A sign which is attached to the wall of a building with the
face in a plane parallel to such wall and not extending more than
eighteen (18) inches from the face of the wall.
Any slope exceeding ten percent (10%) in grade.
Any storm drainage technique that provides for the controlled
release of stored water and that also provides water quality enhancement
or ground water infiltration, such as bioremediation, detention or
retention basins, parking lot storage, rooftop storage, dry well,
water quality swales or any combination thereof.
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this chapter:
The interior of a roof shall not be considered a ceiling.
Cellars shall not be considered a story.
A basement shall be considered a story when the distance from
finished grade to the finished surface of the floor above the basement
is more than six (6) feet for more than fifty percent (50%) of the
total perimeter surrounding the interior basement area or when the
distance from finished grade to the finished surface of the floor
above the basement is more than twelve (12) feet at any point.
Regardless of the level of the finished grade surrounding it,
a finished basement and/or cellar in a nonresidential buildings shall
be considered a story for the purposes of the height, floor area,
and parking requirements of this chapter, unless used solely for ancillary
storage.
A half-story is the area under a pitched roof at the top of
a building that has possible headroom of seven feet four (7' 4") inches
or greater occupying less than one-third (1/3) of the area of the
floor next below. Additionally, in order to be considered a "half-story,"
the floor area of such space shall not be more than three (3) feet
above the line of the intersection of the roof and wall face. An area
under a pitched roof at the top of a building that is accessed by
a stairway and that has area with possible headroom of seven feet
four (7' 4") inches or greater occupying one- third (1/3) or more
of the area of the floor next below shall be considered a story for
the purposes of this chapter.
The dividing line between the street right-of-way and the
lot which is shown upon a plat approved pursuant to law and recorded
in the office of the County Clerk or which is approved by official
action as provided by law. Where the street line has not been established,
the street line shall be assumed to be twenty-five (25) feet from
the centerline of the existing road.
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.
A committee appointed by the Chairperson of the Planning
Board for the purpose of reviewing, commenting and making recommendations
with respect to subdivision and site plan applications. Only those
Committee members who are members or alternates of the Board having
jurisdiction to act have the power to vote on a matter involving a
minor site plan or minor subdivision pursuant to the MLUL.
A water-filled enclosure, above and/or below the ground,
having a depth of more than twenty-four (24) inches and designed,
used and maintained for swimming and bathing.
The term swimming pool includes hot tubs and whirlpools and
other similar water-filled enclosures.
The term swimming pool includes all ordinary appurtenances such
as buildings, structures and equipment.
Any portable pool that is not permanently installed and that
meets all of the following criteria is not considered a swimming pool
and is not subject to the provisions of this chapter:
An area of land composed of one (1) or more lots adjacent
to one another, having sufficient dimensions and area to make one
(1) parcel of land meeting the requirements of this chapter for the
use(s) intended.
The purpose or activity for which land or structures are
arranged or designed, or the purpose or activity for which either
land or structures are, or may be, used, occupied or maintained. The
term permitted use does not include the term nonconforming use.
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals, or electromagnetic
waves for wireless communications.
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
Buildings and/or structures and equipment for the receiving
or sending wireless telecommunications except for satellite dish antennas.
For purposes of this definition, "wireless telecommunications structures,
antennas, equipment and/or towers" may be collectively referred to
herein as "wireless telecommunications facilities." This definition
shall not include any tower, or the installation of any antenna, that
is under fifty (50) feet in height and is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive only antennas.
A vertical structure designed for and intended to support
wireless telecommunications antennas.
The open space existing between the principal building or
accessory building and the nearest lot line.
FRONT YARDThe open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent of curved street lines.
REAR YARDThe open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.
SIDE YARDThe open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the side yard shall be measured horizontally and at right angles to either a straight side lot line or the tangent lines of curved side lot lines. (See Figure 3: Required Setbacks, Yards and Principal Building Envelope graphic in Appendix A.[5])
The map referred to in Article 28-300 of this Ordinance which shows the boundaries of the zoning districts within the Borough.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
