a.
The purposes of this Chapter are as follows:
(1)
To plan and guide the appropriate use or development of all land
in a manner which will promote the public health, safety, morals,
and general welfare;
(2)
To secure safety from fire, flood, panic and other natural and man-made
disasters;
(3)
To provide adequate light, air and open space;
(4)
To ensure that land development does not conflict with the development
and general welfare of neighboring municipalities, the county and
the State as a whole;
(5)
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
maintenance of the character of neighborhoods, preservation of the
environment and quality of life;
(6)
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
(7)
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, and commercial uses and
open space, both public and private, according to their respective
environmental requirements;
[Ord. No. 99-9 § 2]
(8)
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which will result in congestion or blight;
(9)
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
(10)
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;
(11)
To encourage planned developments which incorporate the best features
of design and relate the type, design and layout of residential, commercial,
and recreational development to the particular site;
[Ord. No. 99-9 § 2]
(12)
To encourage senior citizen community housing construction;
(13)
To encourage coordination of various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
(14)
To promote utilization of renewable energy resources;
(15)
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs;
(16)
To regulate the location of buildings and establish standards of
development; to establish building lines and the location of buildings
designed for residential, commercial office or other uses within such
lines and to fix reasonable standards to which buildings or structures
shall conform;
[Ord. No. 99-9 § 2]
(17)
To prohibit incompatible uses; to prohibit uses, buildings or structures
which are incompatible with the character of development of the permitted
uses within specified zoning districts and surrounding areas;
(18)
To regulate alterations of existing buildings; to prevent such additions
to, and alterations or remodeling of, existing buildings or structures
as would not comply with the restrictions and limitations imposed
hereunder;
(19)
To conserve the value of land and buildings throughout the Borough;
(20)
Within the community's resources, to meet the future housing needs
of the citizens of the Borough and the region and to assure a full
range of housing types to meet all income levels;
(21)
To minimize the increase in volume and rate of surface runoff due
to development;
(22)
To reduce public expenditures for emergency operations, evacuations,
and restorations;
(23)
To prevent damage to transportation and utility systems;
(24)
To maintain the useful life of natural and man-made waterways and
impoundments by preventing sedimentation;
(25)
To prevent dangers to life and property from excessive water runoff
and clogging of drainage structures;
(26)
To preserve the recreational use of Lake Hopatcong by preventing
stagnation and retarding eutrophication;
(27)
To maintain sufficient flows in streams and rivers for recreation,
health and aesthetic purposes;
(28)
To prevent hazardous materials, nitrates and pesticides from entering
public water supplies and Lake Hopatcong and other bodies of water;
and
(29)
To reduce public expenditures for repair of public facilities resulting
from soil erosion and sedimentation.
For the purpose of this Chapter, unless the context clearly
indicates a different meaning, the term "shall" indicates a mandatory
requirement, and the term "may" indicates a permissive action. The
singular shall also mean the plural and person shall also mean other
legal entities.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins, abuts, or lies within
a lot or parcel of land submitted for subdivision or site plan approval.
A use or structure subordinate to and customarily incidental
to the principal use or structure on the same lot. When an accessory
building is attached in a substantial manner by a wall or roof to
a principal building or structure, it shall be considered a part thereof.
Board Secretary.
[Amended by Ord. No. 12-2015]
The absence of drainage facilities, drainage easements or
drainage rights-of-way leading to, along or through a street, road,
drainage structure, or property, either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition, which would provide adequately for storm drainage, or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure or property, or remove the threat
of such damage.
Housing designed and occupied by at least one person 55 years
of age or older per dwelling unit.
[Ord. No. 00-02A § 5]
The use of the land for business purposes for the growing
and harvesting of crops including truck farms, fruit farms, nurseries
and greenhouses, keeping and raising of livestock, horses, and poultry,
barns, and storage buildings use in farm operations, which lands shall
contain no less than five acres, exclusive of the land upon which
the farmhouse is located as provided in N.J.S.A. 54:4-23.3, 4-23.4,
4-23.5, and 4-23.11.
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be accessory and incidental to such hospital use.
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
A device used to transmit and/or receive radio or electromagnetic
waves between earth and/or outer space-based structures.
[Ord. No. 00-12 § 1]
See "Dwelling, Multifamily."
A developer submitting an application for development.
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, planned development,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to this Chapter.
A plan which has been granted final approval of the Planning
Board [or Board of Adjustment] of the Borough.
The Mount Arlington Planning Board unless a different agency
is designated by this Chapter.
Original design documents which have been certified to reflect
that actual construction conforms to the documents or modified to
reflect actual construction.
Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication. They
may provide other services, such as recreational activities, financial
services, and transportation. Assisted living facilities shall have
a Certificate of Need (CN) and a state license.
[Ord. No. 97-8 § 1]
Any building, land area or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles, and including as an accessory use the sale
and installation of lubricants, tires, batteries and similar vehicle
accessories.
Establishments primarily engaged in furnishing automotive
repair, rental, leasing and parking services to the general public.
That portion of a building that is partly or completely below
grade plane. A basement shall be considered as a story above grade
plane where the finished surface of the floor above the basement is:
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this Chapter.
See "Roomers."
See "Rooming House."
The Mount Arlington Planning Board and the previous Mount
Arlington Zoning Board of Adjustment, as the case may be.
Any enclosed structure over the waters of Lake Hopatcong
used for the sole purpose of storing and mooring boats and boating
equipment.
The Borough of Mount Arlington.
A structure having a clear span of more than 20 feet designed
to convey vehicles and/or pedestrians over a watercourse, railroad,
street, or any depression.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING ACCESSORYA subordinate building on the same lot with the principal or main building occupied or devoted exclusively to an accessory use.
BUILDING PRINCIPALA building in which is conducted the principal use of the site on which it is situated.
That area of a lot or site which is occupied or proposed
to be occupied by a building. (See also "Lot Coverage" and "Open Space.")
The vertical distance from grade plane to the average height
of the highest roof surface.
[Ord. No. 08-08 § 2]
The highwater mark of 10.30 feet on the gauge on the dam
as recorded at Lake Hopatcong State Park or the line established by
the Bureau of Navigation, State Department of Environmental Protection,
defining a lake's permanent shoreline.
A governmental construction project or acquisition of equipment
or real property.
An establishment primarily engaged in the factory authorized
retail sale of new cars; permitted accessory uses are the maintenance
of a service and repair shop, the retail sale of used cars, car parts
and accessories, the sale of used, of new and unused light vehicles
no more than 8,000 pounds other than cars.
An establishment primarily engaged in the sale of used cars.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
Any structure extending transversely from the mainwalk.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet. A cellar shall not
be counted as a story.
An antenna that is intended for commercial transmission or
reception of personal wireless telephone services communications,
and including commercial mobile services communications, and common
carrier wireless exchange access services, and also including any
other accessory structures and equipment necessary for such transmission
or reception. A "Freestanding Cellular Telecommunications Antenna"
is such an antenna supported by a tower, mast, pole or similar structure
designed primarily for supporting and raising the vertical elevation
of such antenna.
[Ord. No. 00-12 § 1]
A signed, written statement by the appropriate officer that
specific constructions, inspections, tests, or notices where required,
have been performed and that such comply with this Chapter.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
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.
The person selected by the Planning Board to act as secretary
to carry out specific duties as directed by the Planning Board including
the acceptance of applications of development.
A receptacle used or intended to be used for solicitation
purposes within a municipality and within the meaning of P.L. 2007,
c. 209.
[Ord. No. 06-09]
See "Residential Cluster."
Any community residential facility licensed pursuant to P.L.
1977, c. 488 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, half-way houses,
intermediate care facilities, supervised apartment living arrangements,
and hotels. Such a residence shall not be considered a health care
facility within the meaning of the "Health Care Facilities Planning
Act" (P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of
such a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health of the Department of
Human Services.
Any shelter approved for a purchase of service contact and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application completed as specified by this Chapter and
the rules and regulations of the Boards and all accompanying documents
required for approval of the application for development.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this Chapter and upon the issuance of an authorization
therefor by the Planning Board.
A composite of the plan elements for the physical development
of Morris County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Morris County Planning Board.
Sensitive natural lands and waters which when altered, would
lead to the degradation of lands or water quality such as frequently
flooded soils, water retention soils, potential prime aquifer recharge
soils, slopes in excess of 15%, flood plains, wetlands, and stream
corridors.
Any open, unoccupied area which is bounded by three or more
building walls.
The turnaround at the end of a dead-end street.
A structure with a clear span of 20 feet or less under a
driveway, road, railroad or pedestrian walk, not incorporated in a
closed system.
Portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
A dedication of land for construction, reconstruction, widening,
repairing, maintaining or improving a street, public or private, and
for the construction, reconstruction or alteration of facilities related
to the safety, convenience or carrying capacity of said street, including,
but not limited to, curbing, pedestrian walkways, drainage facilities,
traffic control devices and utilities in or along road rights-of-way.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The division of land into two or more parcels; lot line adjustments;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; any
mining, excavation, landfill or land disturbance or any use or extension
of use of land, for which permission may be required pursuant to this
Chapter.
[Ord. No. 08-08 § 2]
See "Residential Cluster."
Development other than planned development or cluster development.
See "Planned Development."
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
A person who is developmentally disabled as defined in Section
2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
A channel constructed across or at the bottom of a slope.
Any structure extending lakeward of the bulkhead line for
the purpose of mooring boats or for gaining access to moored boats.
Animals produced or used in agriculture, including but not
limited to horses, cattle, swine, sheep, goats, poultry, fowl, fur-bearing
animals but excluding household pets.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption of same takes place or is designed to take
place outside the confines of the building in a motor vehicle or on
the site.
A use where all or part of the business may take place outside
the confines of the principal structure with the customer remaining
in a motor vehicle.
An access way servicing a developed or undeveloped lot. For
residential properties any parking areas connected to the access way
shall be considered part of the driveway.
[Ord. No. 07-09]
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is not attached to any other dwelling.
A building occupied or intended for occupancy as separate
living quarters for two or more families or two or more households
with direct access from the outside for each family or household or
through a common hall. Further provided that separate cooking, sleeping
and sanitary facilities are provided for the exclusive use of the
occupants of each dwelling unit. Certain features of a multiple-family
dwelling may be provided in common, such as off-street parking, yards
and open space. Multiple-family dwellings may include buildings in
cooperative or leasehold ownership or in condominium ownership.
[Ord. No. 07-09]
A one-family dwelling on a separate lot with open space setbacks
on three sides and with a court. Also known as zero lot line homes.
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall.
A building occupied or intended for occupancy exclusively
by one family or one household with direct access from the outside
and, further, provided with cooking, sleeping and sanitary facilities
for the exclusive use of the occupants of the unit.
[Ord. No. 07-09]
A single unit providing complete, independent living facilities
for one or more persons living as a single family or housekeeping
unit, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
[Ord. No. 07-09]
A single room which is occupied, or intended, arranged or
designed to be occupied by one or more persons.
A man-made or natural deposit of soil, rock or other materials.
(See "Fill.")
Any obstruction within a delineated floodway; right-of-way
or adjacent land.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A detailed analysis of the environmental consequences of
a proposed development.
The detachment, movement or wearing away of land surface,
soil or rock by water, wind, ice or gravity.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies, or privately
if approved by a municipal agency as part of a development plan approval,
of underground gas, oil, electrical, telephone, steam, water or sewage
transmission lines or systems, including water towers and underground
and/or surface equipment including but not limited to: poles, wire,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, light stanchions, telephone lines,
hydrants with other similar equipment and accessories therewith, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located in furtherance of the public health, safety or general
welfare. "Essential services" shall also include firehouses or stations
and first aid and emergency aid squad stations, and package sewage
treatment plants located off-tract of a development approved by a
municipal agency. Requirements for underground utilities shall be
subject to requirements for underground utilities of the Public Utility
Commission as well as other municipal ordinances, where appropriate.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface, or beneath the land surface, whether exposed
or submerged. Normal agricultural activities shall not be considered
to be excavation.
The vertical location of the ground surface prior to excavating
or filling.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single intentionally structured relationship providing organization
and stability.
[Ord. No. 07-09]
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may provided in N.J.S.A. 54:4-23.3, 4-23.4, 4-23.11, except
that livestock, poultry, fowl or other animals shall not be maintained
on the premises for commercial gain unless incidental to the major
agricultural activity.
A plan which provides for use of land, within its capabilities
and treatment, within practical limits, according to chosen use, to
prevent further deterioration of soil and water resources.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off premises.
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person or persons. Also embankment.
The official action of the Planning Board [or Board of Adjustment]
taken on a development plan which had been given preliminary approval
and 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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use to increase off-site flooding or flood-related damages.
That portion of the flood hazard area outside of the floodway
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge.
The flood plain, consisting of the floodway and the flood
fringe area.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters which delineates the flood fringe area.
A map which may be adopted by the Borough Council, herewith
and attached hereto and made a part hereof and any amendment thereto.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Deleted by Ord. No. 12-2015]
The same as the "FLOOD HAZARD AREA."
The portions of the floodplain adjoining the channel which
are reasonably required to carry and discharge the floodwater and
flood flow of any natural stream.
Floor area shall include the summation of all horizontal
floor areas associated with all principal and accessory buildings
and accessory structures that are intended for the sole use of the
subject property. Open porches, decks or patios that do not include
privacy walls or solid fencing on any one side shall not be included
in the calculation.
The floor area of any buried floor level that is more than
65% buried shall be exempt and not included in the FAR calculation.
Buried floor levels that are not exempt shall include the percentage
of that floor level that is equivalent to the percentage of the exposed
foundation walls. The calculation of the percent of exposed foundation
walls shall be measured from the proposed grade located at a distance
five feet off the perimeter of the buried floor level. The measurement
shall be from the proposed grade to the bottom of the ceiling joists
of the buried floor level. Floor levels that are less than six and
one-half (6 1/2) feet high shall not be included in the calculations.
[Ord. No. 2008-08 § 2]
Floor area ratio shall be the ration of the floor area of
all buildings and accessory structures associated with a lot to the
lot area.
The calculation of floor area ratio (FAR) shall be provided
by each applicant of a development plan. Applicants shall provide
detailed calculations including supporting architectural plans for
the determinations of the proposed FAR. A chart shall be provided
establishing the floor area of each floor level of all buildings and
structures that are required to be included in the calculation.
[Ord. No. 2008-08 § 2]
Particles of gas-borne matter, not including process material,
arising from the combustion of solid fuel, such as coal or wood.
A building or structure used for the storage of one or more
vehicles. If it is maintained for the resident occupant of the premises
and no service is rendered to the public or any business conducted
therein, it is a private garage. Any garage other than a private garage
is a public garage.
To be stored or parked entirely within the perimeter walls
of a garage, with the doors closed except for purposes of ingress
and egress.
See "Dwelling, Multifamily."
A place where gasoline, or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles,
and which may provide for the maintenance, service, storage, or washing
of motor vehicles, or the sale of equipment and accessories.
The Borough Council of the Borough of Mount Arlington.
Any department, commission, independent agency or instrumentality
of the United States and of the state of New Jersey, and any county,
city, township, village, authority district or other governmental
unit.
The final grade or elevation of the ground surface conforming
to the proposed design.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
6 feet from the building, between the building and a point six feet
from the building.
[Ord. No. 08-08 § 1]
Any stripping, culling, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
A permit issued to authorize work to be performed under this
Chapter.
Same as "Rooming House."
Any dwelling space designed and/or used for living, sleeping,
eating or cooking excluding storage, cellars and similar accessory
spaces.
[Ord. No. 00-02A § 5]
Any room in a dwelling unit other than a kitchen or bathroom.
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium
and arsenic and their common salts: lead, nickel and mercury and their
inorganic salts or metallo-organic derivatives; and coal tar acids,
such as phenols and cresols and their salts and all radioactive materials.
See "Building Height."
Any building, structure, area or property that has been designated
to be significant in the history, architecture, archaeology or culture
of this State, its communities or the Nation pursuant to the Municipal
Land Use Law.
The activity of producing principally for home use or consumptions,
plants, animals or their products by man, including in a primary sense
the growing, storage, preparation or where sales are incidental.
The activity of producing domesticated animals or their products
for home use or consumption, including breeding, growing, caring,
housing and product preparation where sales are incidental.
Any activity carried out for gain by a resident conducted
as an accessory use in his dwelling unit. Newspaper delivery shall
not be considered a home occupation.
A family living together in one dwelling unit, on a nonseasonal
basis with common access to all living areas and facilities and sharing
living, sleeping, cooking and sanitary facilities on a nonprofit basis.
See "Family."
[Ord. No. 07-09]
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Lot area associated with the calculation for floor area ratio
shall only include that portion of the lot that is available for improvements
by the property owner. Land area that is restricted by State open
waters, public roadways or supporting a structure that is not for
the sole use of the subject property owner shall not be included in
the calculation for determining floor area ratio. Land area that is
occupied by an accessory structure or building that is not located
on the subject property but is located adjacent to the subject property
and is intended for the sole use of the owner of the subject property
shall be included in the lot area.
[Ord. No. 2008-08 § 2]
A parcel of land either at the junction of and abutting on
two or more intersecting streets, or abutting a single street at the
point where the road tangents deflect by more than 45 degrees.
That portion of one lot or more than one lot which is improved
or is proposed to be improved with buildings and structures, including
but not limited to driveways, parking lots, pedestrian walkways, signs
and other man-made improvements on the ground surface which are more
impervious than the natural surface. (See also "Building Coverage"
and "Open Space.")
That portion of one or more than one lot which is improved
or is proposed to be improved with principal and accessory buildings
and structures, including driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface.
The average of the horizontal distances between the front
lot line and the rear lot line, or extension thereof, measured perpendicular
to the front lot line at either end and at the midpoint of the front
lot line.
The length of the front lot line.
A parcel of land other than a corner lot.
A line of record bounding a lot.
A subdivision of land where no new lot is created.
[Ord. No. 08-08 § 1]
The lot line separating a lot from a street right-of-way.
The lot line opposite the front lot line or lines, or in
the case of triangular or otherwise irregularly shaped lots, a line
10 feet in length entirely within the lot, parallel to or at a maximum
distance from the front lot line. On corner lots, there shall be no
rear lot line.
Any lot line other than a front or rear lot line.
An interior lot which extends from one street to another.
Any lot adjoining a water body.
The average distance between the side lot lines measured
at the front lot line, and at the building setback line.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this article.
Any structure extending into the lake from the shoreline,
which is used for access to moored boats.
Any public, semi-public or private facility capable of berthing
or mooring five or more boats.
A composite of one or more written or graphic proposals for
the development of the Borough prepared and adopted pursuant to the
Municipal Land Use Law.
The chief executive of the Borough of Mount Arlington.
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-27.2, but shall not include a person who has been
committed after having been found not guilty of a criminal offense
by reason of insanity or having been found unfit to be tried on a
criminal charge.
A portable structure which is built on a permanent chassis
and designed to be used as a dwelling unit, with or without a permanent
foundation when connected to the required utilities.
A site containing spaces with required improvements and utilities
for the long-term parking of mobile homes which may include services
and facilities for the residents.
The application of suitable materials on the soil surface
to conserve moisture, hold soil in place and aid in establishing plant
cover.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
[Ord. No. 2008-16]
Revised New Jersey Statutes 40:55D-1 through 40:55D-163 as
amended.
The Borough of Mount Arlington.
The ground surface in its original state before any grading,
excavation or filling.
Structures for which the "start of construction" commenced
on or after the effective date of this Chapter.
A building which does not conform to one or more of the regulations
of this Chapter for the zone in which it is located.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this Chapter, but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension, or location of which was
lawful prior to the adoption, revision or amendment of this Chapter,
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.
A use or activity which was lawful prior to the adoption,
revision or amendment of this Chapter, 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.
A nuisance element is any smoke, solid particles or fly ash,
odors, liquid wastes, solid wastes, radiation, noise, vibration, glare
or heat.
A facility designed to provide daytime care, development,
supervision, and instruction for six or more children under 13 years
of age who are at the facility for less than 24 hours per day, and
the facility is operated on a regular basis licensed by the State
Department of Children and Families. (Also known as child care center.)
[Amended by Ord. No. 12-2015]
A building providing shelter and/or supplemental health care
for the elderly or infirm and meeting the standards, and licensed
by the State of New Jersey, to operate as a nursing home.
Includes but is not limited to any structure, fill, excavation,
channel modification, rock, gravel, refuse or matter in, along, across
or projecting into any channel, watercourse or flood hazard area which
may impede, retard or change the direction of the flow of water, either
in itself or by catching or collecting debris carried by such water,
or that is placed where the flow of water might carry the same downstream
to pose a danger to life or property.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the County of Morris pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the Municipal Land Use Law,
or any prior act authorizing such adoption, which map shall be deemed
conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage rights-of-way shown thereon.
The interpretations of the soils described in the Morris
Soil Survey of the National Cooperative Soil Survey of the Soil Conservation
Service, United States Department of Agriculture, published by the
Morris County Soil Conservation District and adopted by resolution
of the Morris County Planning Board.
The individual map sheets that are part of the Morris County
Soil Survey of the National Cooperative Soil Survey of the Soil Conservation
Service, United States Department of Agriculture, published by the
Morris County Soil Conservation District and adopted by resolution
of the Morris County Planning Board.
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 contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land. (See also "Building
Coverage" and "Lot Coverage.")
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An area not occupied by structures or impervious surfaces.
An open space area conveyed or otherwise dedicated to the
Borough or a Borough agency, board of education, state or county agency,
or other public body for recreational and conservational uses.
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this Chapter.
Any open area, including parking spaces, driveways and access
aisles or other public way, used for the temporary storage of automobiles
and other permitted vehicles for the private use of the owners or
occupants of the lot on which the area is located.
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles and other permitted vehicles and available
to the public, with or without compensation or as an accommodation
for clients, customers and employees.
Any public or private parking area or garage.
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 this Chapter or the Municipal Land
Use Law as amended.
A test designed to determine the ability of ground to absorb
water.
Any security, which may be accepted by the Township; provided
that 10% of the total performance guarantee shall be in cash.
A certificate issued to perform work under this Chapter.
Any use which shall be allowed, subject to the provisions
of this Chapter.
Any person to whom a permit is issued in accordance with
this Chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Any substance or mixture of substances labeled, designed,
intended for or capable of use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in persons or animals. The term "pesticide" shall
also include any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant or plant regulator.
Any domesticated animal normally maintained in or near the
household of the owner thereof which does not constitute a nuisance,
health or safety hazard, excluding exotic and nondomesticated animals.
A structure to moor boats to a dock or to which a deck, dock
or other structure may be affixed.
A line running parallel with the bulkhead line and extending
not more than 50 feet from said bulkhead line as approved by the Natural
Resources Council and Bureau of Navigation, State Department of Environmental
Protection, beyond which no dock, pier or marina or other structure,
permanent or temporary, floating or affixed to shore or lake bottom,
may be located.
An area of a minimum contiguous size as specified by this
Chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both, and any residential and other uses
incidental to the predominant use as may be permitted by this Chapter.
Any development which is a planned unit development, planned
unit residential development, residential cluster, planned commercial
development or planned industrial development.
An area of a minimum contiguous size as specified by this
Chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this Chapter.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the zoning ordinance.
The Planning Board of the Borough.
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board for final approval in
accordance with this Chapter.
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
for consideration and preliminary approval.
The sketch map of a subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification.
Any temporary sign not permanently attached to the ground
or other permanent structure or a sign designed to be transported,
including, but not limited, to signs designed to be transported by
means of wheels; signs converted to A or T frames; menu and sandwich
board signs; balloons used as signs; umbrellas used for advertising;
and signs attached to or painted on vehicles parked and visible from
the public right-of-way, unless such vehicles are used in the normal
day-today operations of the business.
[Ord. No. 22-09]
The conferral of certain rights pursuant to this Chapter
prior to final approval after specific elements of development plan
have been agreed upon by the Planning Board and the applicant.
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.
An engineer duly licensed by the State of New Jersey.
A use which is not permitted in a zone district.
See "Lot Line."
[Ord. No. 07-09]
Existing or proposed (1) public parks, playgrounds, trails,
paths and other recreational areas; (2) other public open spaces;
(3) scenic and historic sites; and (4) schools and other public buildings
and structures.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation,
and erosion.
A building or structure used for the repair of motor vehicles,
installation of equipment, sale of accessories, and/or storage of
four or more vehicles.
The majority of the full authorized membership of the Board.
The portion of rainfall which becomes direct surface runoff.
A place where sports, leisure time activities and customary
and usual recreational activities such as set forth in major group
#79 of the Standard Industrial Classification Manual is carried out.
Facilities operated as a business and open to the public
for a fee.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a nonprofit organization and open
only to bona fide members and guests of such nonprofit organization.
Facilities operated by the Borough, County, or other governmental
agency.
A vehicular type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including but not limited to travel trailers, truck campers, camping
trailers, self-propelled motor homes, boats and boat trailers.
Space allocated for collection and storage of source-separated
recyclable materials.
[Ord. No. 2008-16]
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
An establishment in which food or drink is prepared, served
and consumed within the principal building.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law, or
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
Establishments providing services or entertainment, as opposed
to products, to the general public, including eating and drinking
places, hotels and motels, finance; real estate and insurance, personal
and business services, motion pictures, amusement and recreational
services, miscellaneous repair services, educational, health and social
services, museums, art galleries, and miscellaneous services.
Establishments engaged in selling goods or merchandise to
the general public and rendering services incidental to the sale of
such goods.
A legally recordable instrument granting to the developer
the right to discharge collected waters upon lands exterior to the
development.
Any dwelling or part thereof, in which space is let by the
owner or operator to a roomer. Same as boarding house.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished sleeping
accommodations in such dwelling unit and may be furnished meals as
part of this consideration.
A device incorporating a reflective surface that is solid,
open mesh, or bar-configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to receive radio
or electromagnetic waves between terrestrially and/or orbitally based
uses.
A method of visually shielding or buffering one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
[Ord. No. 10-11]
Any solid material that is in suspension and is being or
has been moved by water, ice, wind, gravity or other means.
The transport and depositing of sediment.
A barrier or dam built across a waterway or at other suitable
locations to retain sediment.
The reservoir space allotted to the accumulation of submerged
sediment during the life of the structure.
Housing designed and occupied by at least one person 55 years
of age per dwelling unit and which has significant facilities and
services specifically designed to meet the physical and social needs
of older persons as described in § 100.306 Significant Facilities
and Services Specifically Designed for Older Persons, 24 C.F.R. part
100 (Department of Housing and Urban Development - Housing for Older
Persons.
[Ord. No. 97-8 § 1]
The closest distance between front, side, or rear lot line
and the front, side or rear line of a structure, or any projection
thereof; setback is measured perpendicular to the lot line.
[Ord. No. 07-09]
Two or more retail commercial establishments located in one
building or structure designated as a planned commercial development
as defined herein.
A triangular shaped portion of land established at intersections
in accordance with the requirements of this Chapter in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct sight distance.
Includes every sign, billboard, ground sign, wall sign, roof
sign, illuminated sign and sign on awning and canopy, and shall include
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person,
firm or corporation when the same is placed out-of-doors in view of
the general public.
[Ord. No. 04-07 § 1]
A sign which directs attention to a business, commodity,
service or other facility conducted, sold or offered elsewhere than
on the premises where the sign is located.
The area of a sign shall be computed as the total square
foot content of the background upon which the lettering, illustration
or display is presented. If there is no background, the sign area
shall be computed as the product of the largest horizontal width and
the largest vertical height of the lettering, illustration or display.
This shall not be construed to include the 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.
Signs with more than two display faces are prohibited.
[Ord. No. 04-07 § 1]
A sign which directs attention to a business, commodity,
service or other facility conducted, sold or offered upon the premises
where such sign is located or to which it is affixed.
A sign in which the artificial light is not maintained constant
in intensity, color or frequency at all times when such sign is in
use.
Any temporary sign, notice, poster or other device calculated
to convey a pre-election political message or to obtain votes for
a particular candidate(s), slate of candidates, public question or
political issue when the same is placed in the view of the general
public. For purposes of this Chapter the term "pre-election" shall
mean no more than 21 days prior to and 14 days subsequent to a scheduled
primary, general, school, or special election in which the candidate(s)
campaign for elective or political party offices. For purposes of
this Chapter, "political issue" shall mean any issue which is the
subject of debate in the local, regional, national and/or international
communities for which governmental action or the conduct of public
business is implicated.
[Ord. No. 04-07 § 2, Ord. No. 22-09, Ord. No.
09-10, Ord. No. 11-11]
See "Portable Sign."
See "Temporary Sign."
A temporary or permanent facility designed in accordance
with standards of the applicable federal, state, county or municipal
agencies to collect silt and eroded soil from the area of a development
and/or to retain stormwater runoff.
Ownership by one or more persons in any form of ownership
of a lot not adjacent to a lot or lots partially or entirely in the
same ownership.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
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 waterways; (2) the locale 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 in order that an informed determination
may be made by the boards pursuant to this Chapter.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
The governmental subdivision of this State which encompasses this municipality, organized in accordance with the provisions of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
A plan which indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation. Such measures shall be at least equivalent
to the standards and specifications as adopted by the Morris Soil
Conservation District.
Standards (1) adopted by this Chapter regulating noise levels,
glare, earthborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and inflammable
matter, smoke and airborne particles, waste discharge, screening of
unsightly objects or conditions and such other similar matter as may
be reasonably required by the Borough or (2) required by applicable
Federal or State laws or municipal ordinances.
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as part of the main structure.
For a structure (other than a mobile home) without a basement or poured
footings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its piling
or foundation.
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
It is measured as the vertical distance from top to top of two successive
tiers of beams or finished floor surfaces and, for the topmost story,
from the top of the floor finish to the top of the ceiling joists
or, where there is not a ceiling, to the top of the roof rafters.
[Ord. No. 08-08 § 2]
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
A permit issued by the New Jersey Department of Environmental
Protection under the provisions of N.J.S.A. 58:16A-55 and 13:1D-146.
Any street, avenue, boulevard, road, 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 this
act; 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, gutter, curbs,
sidewalks, parking areas and other areas within the street lines.
A higher order interregional road which conveys traffic between
centers.
The principal entrance streets of a residential development
and streets for circulation within such a development.
A street which is parallel to and adjacent to an arterial
street and which provides access to abutting properties and protection
from through traffic.
A street which is used primarily for access to abutting properties
and to discourage through traffic.
A street which is used primarily for fast or heavy traffic
as designated on the circulation plan map of the Master Plan of the
Borough.
A street which carries traffic from collector streets to
the major system of primary streets.
Any activity which removes or significantly disturbs the
vegetative surface cover.
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 or water including, but not limited to buildings,
paving, dams, walls, levees, bulkheads, dikes, jetties, embankments,
wharves, piers, docks, landings, obstructions, pipelines, causeways,
culverts, roads, railroads, bridges and the facilities of any authority,
utility, municipality, county, state or other governmental agency.
The division 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 shall not be considered subdivisions within
the meaning of this Chapter if no new streets are created: (1) divisions
of land found by the Planning Board to be for agricultural purposes
where all resulting parcels are five acres or larger in size; (2)
divisions of property by testamentary or intestate provisions; (3)
divisions of property upon court order, including but not limited
to judgments of foreclosure; (4) conveyances so as to combine existing
lots by deed or other recorded instrument; and (5) 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 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 "resubdivision."
[Deleted by Ord. No. 12-2015]
A subdivision not classified as a minor subdivision.
A subdivision of land resulting in not more than three lots
provided that such subdivision does not involve (1) a planned development;
(2) any new street or (3) the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55d-42.
Water on land surface.
Improvement required for the stabilization of erosive or
sediment-producing areas.
A sign that shall not exceed three square feet in size that
may not be displayed for more than 60 days, unless otherwise specified
in this Chapter. This shall include any sign, banner, pennant, flag,
valance or advertising display constructed of cloth, canvas, cardboard,
wallboard or other light materials, with or without frames.
[Ord. No. 04-07 § 2, Ord. No. 10-11]
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil, or the original or present
"A" horizon plus "B" horizon (if in top six inches), as defined by
the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacements for any purposes
whatsoever. "Topsoil" shall be capable of supporting vegetables indigenous
to the area.
A building designed for or occupied by no more than one household
and attached to other similar buildings or structures by party or
common walls extending from the foundation to the roof and providing
two direct means of access from the outside and provided with separate
cooking, sleeping and sanitary facilities and separate facilities
for electric service, heating, electric facilities and gas service.
For the purpose of this Chapter, a "townhouse" may include fee simple,
condominium or cooperative ownership or any combination thereof.
Property which is the subject of a development application.
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects, or as a temporary office.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Any sign not meeting the requirements of this Chapter and
which has not received legal nonconforming status.
[Ord. No. 04-07 § 2]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of this
Chapter.
Stabilization of erosive or sediment-producing areas by covering
the soil with: (1) permanent seeding, producing long-term vegetative
cover; (2) short-term seeding, producing temporary vegetative cover,
or mulching; or (3) sodding, producing areas covered with a turf of
perennial sod-forming grass.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
Any natural or artificial collection of water, whether permanent
or temporary.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
Ability of a channel or floodway to transport flow as determined
by its shape, cross-sectional area, bed slope and coefficient of hydraulic
friction.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses used to conduct surface water
from a field, diversion or other site features.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line, unoccupied and unobstructed
from the ground upward except as permitted in this Chapter.
A space extending the full width of the lot between any building
and the front lot line, and measured perpendicular to the building
at its closest point to the front lot line. Said front yard shall
be unoccupied and unobstructed from the ground upward except as may
be permitted elsewhere in this Chapter.
A space extending across the full width of the lot between
the principal building and the rear lot line measured perpendicular
to the building at its closest point to the rear lot line. Said rear
yard shall be unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this Chapter.
A space between the principal building and the side lot line
measured perpendicular to the side lot line at its closest point to
the principal building. Side yards shall extend from the front to
the rear lot line on a regularly shaped lot and from the front to
the opposing side lot line on a corner lot. Said side yard shall be
unoccupied and unobstructed from the ground upward except as may be
permitted elsewhere in this Chapter.
[Ord. No. 07-09]
A document signed by the Zoning Officer which is required
by this Chapter 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 which acknowledges
that such use, structure or building complies with the provisions
of this Chapter or variance therefrom.
[Ord. No. 26-09]
a.
Powers and duties of Zoning Officer.
(1)
The Zoning Officer and his duly authorized assistants shall have
the duty and power to inspect or examine structures and uses in the
Borough of Mount Arlington and any plans for structures and uses,
to determine their compliance with the provisions of this Chapter.
(2)
Violations Found. Where the Zoning Officer (or his assistants) determines
that a structure, use or premises is in violation of the provisions
of this Chapter, he shall order the owner in writing to remedy such
condition. Said written order shall specify the nature of the violation
found to exist, the remedy ordered and the time permitted for such
remedy, the penalties and remedies which may be invoked by the Borough
and the violator's rights of appeal, all as provided for by this Chapter
and the laws of the State of New Jersey.
(3)
Issuance of Zoning Permits.
(a)
The Zoning Officer is hereby empowered to issue zoning permits
in accordance with the requirements and provisions of this Chapter
certifying that the plans for a use, building or structure to be established,
constructed or altered are for a use permitted by this Chapter for
the zone in which it is located and that in all respects it complies
with all applicable requirements and provisions of this Chapter.
(b)
A fee of $50 shall be charged for the issuance of a permit by
the Borough of Mount Arlington Zoning Officer.
[Amended by Ord. No. 12-2015]
(4)
Records. The Zoning Officer shall maintain a permanent record of
all matters considered and all action taken by him. Such records shall
form a part of the records of his office and shall be available for
the use of the Governing Body and other officials of the Borough,
county or state and for public inspection by appointment.
(5)
Monthly Report. The Zoning Officer shall prepare a monthly report
for the Governing Body. Said report shall cite all actions taken by
him, including all referrals made, all permits and certificates issued
and denied and all complaints of violations received and all violations
found by him and the action taken by him consequent thereon. A copy
of this monthly report shall also be transmitted by the Zoning Officer
to the Tax Assessor and the Planning Board at the same time it is
transmitted to the Governing Body.
b.
Violations.
(1)
Except as may be provided by New Jersey Statute, for each and every
violation of any provision of this Chapter, the owner, contractor
or other persons interested as general agent, architect, building
contractor, owner, tenant or any other persons who commit or take
part or assist in any violation of this Chapter or who maintain any
building or premises in which any violation of this Chapter shall
exist and who shall have refused to abate said violation within five
days after written notice shall have been served upon him either by
mail or by personal service shall, for each and every violation, be
punishable by a fine of not less than $250 and not exceeding $1,000
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof, at the
discretion of the Judge before whom a conviction may be had. Each
and every day that such violation continues after such notice shall
be considered a separate and specific violation of this Chapter.
(2)
In addition to the powers given to the Zoning Officer as prescribed
elsewhere by this Chapter, the owner of, or any person having interest
in, any property in the Borough of Mount Arlington may make complaint
for any violation of this chapter or any provisions or section thereof,
and upon conviction, in such case, the penalties hereinbefore provided
shall be imposed.
(3)
In addition to the remedies herein provided, any person, persons,
company or corporation violation this Chapter or any provision or
section thereof may be proceeded against by the Borough of Mount Arlington
or by the Zoning Officer or by the owner of any property in the Borough
of Mount Arlington by appropriate action or by proceeding in equity
or otherwise to prevent and enjoin any threatened violation of this
Chapter.
