[Ord. No. 779 § 16.300; Ord. No. 821 § 1; Ord. No, 854 § 1; Ord.
No. 856 § 3; Ord. No.
878 § 1, 2; Ord. No. 951 § 1; Ord. No. 2013-02 § 26-301; Ord. No. 2017-12 § 1]
For the purposes of this chapter, certain words and terms are
defined as follows: unless the context clearly indicates the contrary,
words used in the present tense include the future; the singular number
includes the plural, and the plural the singular; the word "shall"
is mandatory and not discretionary, and the word "may" is permissive;
the word "lot" includes the words "plot" and "premises"; the word
"his" includes "her" and "its"; the word "structure" includes the
word "building" and the word "building" includes the words "dwelling"
or "residence"; and the words "use" and "uses" refer to any purpose
for which a lot or land or part thereof or building or structure or
part thereof is arranged, erected, designed, constructed or reconstructed,
enlarged, altered, converted, maintained, occupied, rented, leased
or intended to be used. Whenever a term is used in this chapter that
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning as defined in the Statute unless specifically defined
to the contrary in this chapter. Reference to Statutes shall mean
as amended, supplemented, replaced or succeeded. Any word or term
not defined herein shall be used with a meaning as defined in Webster's
Third New International Dictionary of the English Language, unabridged,
or latest edition thereof.
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing single-family dwelling or by addition
to an existing single-family dwelling. The affordable accessory apartment
shall not have interior access to the remainder of the single-family
dwelling. The dwelling unit, including the accessory apartment, must
meet all required bulk regulations and setbacks for the zone district
in which it is located.
[Amended 11-26-2019 by Ord. No. 19-14]
Shall mean a separate and subordinate use or structure customarily
incidental to and located on the same lot occupied by the principal
use or structure to which it relates. Where an accessory structure
is attached to the principal structure by any means, it shall be considered
part of the principal structure for the purposes of determining all
bulk requirements.
Shall mean the Borough Engineer of the Borough of Haworth
or other officials of the Borough commissioned by the Borough Council
to administer any portion of this chapter.
Shall mean non-market rate housing intended for the occupancy
of moderate, low, and/or very low income residents as defined by the
legally empowered affordable housing agency of the State of New Jersey.
Shall mean a division of either the Federal; State, County
or municipal government.
Shall mean any change, addition or modification in the construction
or arrangement of a structure or site.
Means a developer submitting an application for development.
Shall mean the Borough of Haworth land use board that has
jurisdiction over an application involving land use within the Borough.
This may mean the Planning Board, the Board of Adjustment, or the
Mayor and Council, depending on the issue at hand.
Shall mean a private room planned and intended for sleeping,
separate from other rooms by a door, and accessible to a bathroom
without crossing another bedroom or living room. A den, studio, sewing
room or similar type room shall be classified as bedroom.
Shall mean the percentage of a lot covered by structures
of any kind, including decks, as measured in a horizontal plane around
the periphery of all facades and including all area under any roof
overhang.
Shall mean the vertical distance between the average ground
elevation around the foundation to the elevation of the highest point
of the roof surface, excluding only chimneys.
The average ground elevation shall be calculated by measuring
the ground elevation at 10 foot intervals around the perimeter of
the foundation. All measurements submitted by the developer shall
be subject to review and confirmation by the Borough Engineer.
Where soil or rock removal lowers the ground elevation around
the perimeter of the foundation, the building height shall be based
on the lowered elevation.
Where fill raises the ground elevation around the perimeter
of the foundation, the building height shall be based on the elevation
as it existed prior to the use of fill.
Shall mean the setback line as required by this chapter and
the Limiting Schedule herein or on an approved subdivision map.
Shall mean the use of a structure or land or part thereof
that in any manner differs from the previous use by way of function,
operation, or extent. A change in ownership shall not be considered
a change in use for the purposes of this chapter.
Shall mean the New Jersey Council on Affordable Housing.
Shall mean any vehicle used predominantly for commercial
purposes, regardless of registration status, but excluding passenger,
vehicles without permanent signs.
Shall either mean the Haworth Shade Tree Commission, the
Haworth Environmental Commission, the Haworth Recreation Commission,
or any other officially recognized Commission of the Borough of Haworth,
depending upon the context of the provision to which it relates.
Shall mean community residences for the developmentally disabled
and community shelters for victims of domestic violence as defined
by N.J.S.A. 40:55D-66:2.
Shall mean a development plan that meets all of the submission
requirements of Section 26-1000 of this chapter, and that is accompanied
by payment of the required fee established in fee ordinances: Ordinances
No. 607 and No. 706.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a speed location will comply with the conditions and standards for the location or operation of such use as contained in Section 26-503, and upon the issuance of an authorization therefor by the Planning Board.
Shall mean a lot that meets or exceeds all of the minimum
requirements of the Limiting Schedule and applicable Borough Ordinances.
Shall mean the official of the Borough of Haworth designated
by the Borough Council to be responsible for the administration and
enforcement of the Uniform Construction Code pursuant to N.J.S.A.
52:27D-119 et seq.
Include: land characterized by Surface Water, Flood Plain,
Wetlands, slopes of a steepness of 15% or greater, upland forests
with trees 100-years old or older, hydric soils as identified and
mapped by the Bergen County Soil Conservation District (latest edition),
and C-1 anti-degradation lands as designated by the 2004 N.J. State
Stormwater Regulations (latest determinations).
Shall mean the date of adoption of a resolution memorializing
an action by the Board.
Shall mean calendar days.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure, or of any
mining, excavation or landfill; and any use or change in the use of
any structure, or land or extension of use of land, for which permission
may be required pursuant to the Municipal Land Use Law.
Shall mean fees assessed to a development application by
ordinance.
Shall mean a designated part of the territory of the Borough
of Haworth, as shown on the Zoning Map, to which certain uniform zoning
regulations and requirements of this chapter apply. The term "district"
shall be synonymous with the terms "zone" and "zoning district."
Shall mean a private roadway leading from a street to a structure,
house, garage or parking area.
Any room or combination of rooms containing separate sleeping,
cooking and sanitary facilities intended to provide living accommodations
for one household. The dwelling unit shall be self-contained and shall
not require access through another dwelling unit or other indirect
route(s) to get to any portion of the dwelling unit.
Shall mean a dwelling unit, fully detached from all others
and occupied or intended to be occupied by one household.
Shall mean a use or burden imposed on real estate by deed
or other legal means to permit the use of land by the public, a corporation,
or particular persons for specified purposes.
Shall mean the checklist of environmental factors affected
or potentially affected by a proposed development, to be completed
by the Haworth Construction Official with respect to applications
to construct or enlarge any structure, or to cause any site disturbance,
for which neither subdivision approval, site plan approval, nor variance
approval is required under the Haworth Land Use Ordinance.
Shall mean the Environmental Commission of the Borough of
Haworth created pursuant to N.J.S.A. 40:56A-1 et seq.
Shall mean the value of a property determined by the Municipal
Tax Assessor through a process designed to ensure that all property
in the municipality is assessed at the same assessment ratio or ratios
required by law. Estimates at the time of issuance of a building permit
may be obtained utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Tax
Assessor.
Shall mean one or more persons occupying a dwelling unit
as a single, non-profit housekeeping unit, living together as a stable
and permanent living unit, being a traditional family unit or the
functional equivalent thereof whether or not the members thereof are
related to each other by birth, marriage or adoption.
Shall mean a private residence offering family day care services
as described by N.J.S.A. 40:55D-66-5.
Shall mean all fences, both closed and open.
Shall mean and include those referred to as solid fences
of the types commonly known as cedar picket, stockade, louvered, paneled
and privacy, also masonry or other types of solid construction that
substantially (50% or more of vertical fence area) obstruct the view
or interfere with light or the circulation of air.
Shall mean and include fences of the type commonly known
as rail, split rail, anchor or chain link, without inserts, that do
not substantially obstruct the view or interfere with light or circulation
of air. Such fences shall have an open area of no less than 50% of
the total fence area.
Shall mean the official action of the Approving Authority
taken on a preliminarily approved major subdivision or site plan pursuant
to N.J.S.A. 40:55D-50.
Shall mean that part of the flood plain that lies beyond
the delineated border of a floodway.
Shall mean the flood plain consisting of the floodway and
flood fringe area of a stream.
Shall mean lands that have been delineated by the State of
New Jersey or the Federal government (currently by the Federal Emergency
Management Agency, or "FEMA") as falling within the 100-year flood
event; and in addition it shall mean the relatively flat area adjoining
surface waters that have been or may hereafter be reasonably expected
to be covered by rising waters, as determined by the appropriate Borough
of Haworth review board.
Shall mean the channel of a stream or river and portions
of the flood plain adjoining the channel, that are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
Shall mean an accessory structure maintained for the storage
and parking of vehicles of the occupant of the principal structure
in which no business is carried on and no service is rendered to the
general public.
Shall mean the Council of the Borough of Haworth.
Shall mean an activity carried out for gain by a resident
as an accessory use in the resident's single family dwelling.
Shall mean an office within a residence of a physician; nurse,
dentist, lawyer, architect, planner, engineer, accountant, psychologist,
psychiatrist, cleric or other similar professional who lives on the
premises, as an accessory use in the resident's single family dwelling.
Shall mean a family living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit.
Shall mean those areas that are either highly compacted materials,
or are improved with structures, uses and materials that are highly
resistant to infiltration by water. By way of illustration, these
surfaces shall include but are not limited to driveways, streets,
swimming pools, tennis courts, parking areas of any material, houses,
garages, walkways, patios, decks, paving stones, service and loading
areas, hard surfaces and other such materials that resist water percolation
into the underlying soil. Impervious surface shall be expressed in
square feet of surface area.
Shall mean that portion of a lot, expressed as a percentage
of the lot area, covered by impervious surface.
Shall mean the report to be submitted by an applicant or
his representatives, as part of an application for development, to
assess the effect upon the environment of the proposed development.
Shall mean, in a criminal or quasi-criminal proceeding, any
citizen of the State of New Jersey; in the case of a civil proceeding
in any court or in an administrative proceeding before a municipal
agency, any person, whether residing within or without the municipality,
whose right to use, acquire or enjoy property is or may be affected
by any action taken under this chapter or under any other provision
of the Municipal Land Use Law, or whose right to use, acquire, or
enjoy property under this chapter, the Municipal Land Use Law, or
any other law of the State of New Jersey or of the United States have
been denied, violated or infringed by an action or failure to act
under this chapter.
Shall mean a judgment issued by the Superior Court of New
Jersey approving a municipality's plan to satisfy its fair share obligation.
Shall mean an off-street space or berth on the same lot with
a structure or group of structures for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Shall mean the total horizontal area included within lot
lines of a property not including any portion of a street right-of-way.
Shall mean a lot on the junction of and abutting on two or
more intersecting streets when the interior angle of intersection
does not exceed 135 degrees.
Shall mean the horizontal distance between the front lot
line and the nearest side or rear lot line measured either perpendicular
to the midpoint of the front lot line or from the midpoint of the
front lot line to the midpoint of the side or rear lot line, whichever
is greater.
Shall mean any lot other than a corner lot.
Shall mean a line of record bounding a lot.
Shall mean the right-of-way line of the street abutting a
lot.
Shall mean a lot line opposite and most distant from the
front lot line or the point at which the two side lot lines meet in
the case of a triangular lot.
Shall mean any lot line other than a front or rear lot line,
including a lot line or portion thereof that may be the rear lot line
of an adjacent lot.
Shall mean a lot fronting on two streets that do not intersect
each other at the boundaries of the lot.
Shall mean the distance between the side lot lines, measured
at right angles to the axis of the lot at the deepest point of the
required front yard setback.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to 50 percent or
less of the median gross household income for households of the same
size within the housing region in which the housing is located, and
that is subject to affordability controls promulgated by the legally
empowered affordable housing agency of the State of New Jersey.
Shall mean any security that may be accepted by the Borough
to guarantee the maintenance of any improvements required by this
chapter, including but not limited to surety bonds, letters of credit
under the circumstances specified in section 16 of P.L. 1991, c: 256
(C. 40:55D-53.5), and cash.
Shall mean a composite of written or graphic proposals for
the development, redevelopment, and/or sustenance of the Borough of
Haworth (as well as its Updates and Periodic Reexaminations) as set
forth in N.J.S.A. 40:55D-28 that has been duly adopted by the Planning
Board.
Shall mean the HUD uncapped median income by family size
for Bergen County, using the most recent calculations of the Federal
Department of Housing and Urban Development for each appropriate household.
Shall mean a structure or a portion of a structure used or
intended for use by medical professionals, including physicians, dentists,
nurses, therapists, chiropractors and other licensed health care professionals.
The term "medical office" shall include immediate medical care facilities.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to more than 50
percent but less than 80 percent of the median gross household income
for households of the same size within the housing region in which
the housing is located, and that is subject to affordability controls
promulgated by the legally empowered affordable housing agency of
the State of New Jersey.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
but that fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Shall mean a structure, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment of
this chapter, but that fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity that was lawful prior to the
adoption, revision or amendment of this chapter and that does not
conform with the use regulations of this zoning district in which
it is located by reason of such adoption, revision or amendment.
Shall mean an offensive, annoying, unpleasant or obnoxious
thing or practice; a cause or source of annoyance, especially a continuing
or repeated invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
of an activity or use across a property line that can be perceived
by or affects a human being, including, but not limited to, mechanical
noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock
waves, heat, radiation or objectionable effluent, or the generation
of excessive or concentrated noise from the congregation of people;
especially at night or early morning, from passenger traffic or from
transportation of things by truck, rail or other means or the unsafe
or illegal use or storage of toxic or hazardous materials.
Shall mean a room or group of rooms used for conducting the
affairs of a business, profession, service, industry or government.
Shall mean the Official Map as adopted by the Borough of
Haworth in accordance with N.J.S.A. 40:55D-32 et seq., as amended
and supplemented. Such a map shall be deemed conclusive with respect
to the location and width of streets, public parks and playgrounds,
and drainage rights-of-way shown thereon.
Shall mean located outside the lot lines of the lot in question
but within the property, of which the lot is a part, that is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
Shall mean not located on the property that is the subject
of a development application nor on the closest half of the abutting
street or right-of-way.
Shall mean located on the lot in question and excluding any
abutting street or right-of-way.
Shall mean located on the property that is the subject of
a development application or on the closest half of an abutting street
or right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those structures, streets
and off street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Shall mean the post-development utilization of the site.
Shall mean that area of a lot covered with pavers, masonry
concrete, asphalt, bituminous concrete, gravel or materials similar
to the foregoing.
Shall mean any security that may be accepted by the Borough
to guarantee the completion of required improvements pursuant to this
chapter.
Shall mean a map of a subdivision or site plan.
Shall mean any sign not permanently armed to the ground or
a structure, including, but not limited to, signs attached to vehicles,
banners, flags, pennants, inflatable signs, sandwich boards and similar
signs.
Shall mean the official action of a Board taken on a preliminary
major subdivision or site plan taken pursuant to N.J.S.A. 40:55D-46
and 48.
Shall mean the main purpose for which a lot or structure
is used.
Shall mean the majority of the full authorized membership
of the approving Authority.
Shall mean leisure time activity that may be either active
or passive.
Shall mean an eating establishment catering primarily to
customers seated indoors at tables with waiter service. This excludes
drive-ins, drive-thrus, fast food establishments, and other such eating
places all of which are expressly prohibited in the Borough.
Shall mean the sale of goods for use or consumption off the
premises, which goods are intended to meet direct consumer food, clothing,
furnishing, recreational or other needs and are not intended for resale
and/or the sale of services such as personal care, financial, repair,
catering and other similar services. This excludes drive-ins, drive-thrus,
fast food establishments, and other such eating places all of which
are expressly prohibited in the Borough.
Shall mean the land and space required on the surface, subsurface
and overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.
Right-of-ways shall be measured from lot line to lot line.
Shall mean a person who is 62 years of age or older.
Shall mean a line drawn parallel to the front, rear or side
lot line of a lot in such a manner that the minimum front, rear or
side yard is provided.
Shall mean a triangular area abutting two intersecting streets
where vision is unobstructed. The "Sight Triangle" is formed by the
intersecting street side lines and a line connecting a point on each
side line a specified distance from the intersection.
Shall mean any object, device, display, illustration or insignia
used or intended to advertise, display, identify or promote the interests
of any person, corporation, firm, product or service by any means
when the same is placed where it may be in view of the general public.
Shall mean a development plan of one or more lots on which
is shown (1) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways, (2) the location of all existing and
proposed structures, 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 to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the Planning Board adopted pursuant to Article 6 (N.J.S.A. 40:55D-37
et seq.) of the Municipal Land Use Law.
Shall mean a development plan of one or more lots that (1)
involves planned development; (2) requires any new street or extension
of any off-tract improvement; (3) requires new utilities or the extension
of existing utilities beyond direct connections between the new improvements
and the public right-of-way upon which the site has frontage; or (4)
requires any variances.
Shall mean any site plan not classified as a major site plan.
A dwelling unit in a building containing three or more dwelling
units and in which units are located over one another.
[Added 7-23-2019 by Ord.
No. 19-09]
Shall mean a slope of 15% or greater.
Shall mean that portion of a structure included between the
upper surface of any floor and the upper surface of the floor next
above; or, if there be no floor next above, then the space between
the floor and the ceiling next above.
Shall mean any finished space under a gable, hip, gambrel,
or other sloping roof that meets the definition of "floor area" pursuant
to this chapter.
Shall mean any avenue, boulevard, road, parkway, viaduct,
drive or other way that is an existing State, County or Borough roadway;
or that is shown upon a plat heretofore approved pursuant to law;
or that is approved by official action as permitted pursuant to N.J.S.A.
40:55D-1 et seq. or that is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of the Planning Board and the grant to such Board of the power to
review plats, and includes the land between the right-of-way lines.
Shall mean any combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above or
below the surface of a parcel of land.
Shall mean the vertical dimension measured from the average
ground elevation of the finished grade around the perimeter of the
structure to the highest point of the structure.
Shall mean 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 or subdivision committee
thereof appointed by the chairman 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) consolidation of 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 and certified by the
Administrative Officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the tax map or atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision."
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a subdivision of land for the creation of not
more than three lots fronting on an existing street, not involving
a planned development, any new street, or the extension of any off-tract
improvement. Any subdivision that involves a lot that was previously
approved as a minor subdivision within a three year period prior to
the application for another minor subdivision shall be classified
as a major subdivision.
Shall mean a determination by COAH approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Fair Housing Act and the rules and criteria as set forth herein.
A grant of substantive certification shall be valid for a period of
time prescribed by the duly empowered affordable housing agency of
the State of New Jersey, in accordance with the terms and conditions
contained therein.
Shall include but not be limited to any natural or artificial
stream, river, creek, ditch, channel, canal, conduit, waterway, gully,
ravine, wash, brook, lake, pond or reservoir, and may include an adjacent
area subject to inundation by reason of flood water or overflow.
Shall mean a contained area of water for swimming, above
or below ground level, incidental to the residential use of the premises
that shall not be considered a part of building or pavement coverage.
Shall mean a one-family in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located above another unit, and each unit is separated
from any other unit by one or more common fire-resistant fire walls.
Shall mean permission granted by the Zoning Board of Adjustment
or Planning Board to depart from the literal requirements of this
chapter only upon the making of certain findings pursuant to N.J.S.A.
40:55D-70c and d.
Shall mean housing affordable according to Federal Department
of Housing and Urban Development or other recognized standards for
home ownership and rental costs and occupied or reserved for occupancy
by households with a gross household income equal to 30 percent or
less of the median gross household income for households of the same
size within the housing region in which the housing is located, and
that is subject to affordability controls promulgated by the legally
empowered affordable housing agency of the State of New Jersey.
Shall mean the land area that drains into a given surface
water.
Shall mean freshwater wetlands as defined by the New Jersey
Freshwater Wetlands Protection Act of 1987 and as may have been amended
by the State.
Shall mean an open, unoccupied space on a lot situated between
the setback line and the lot line.
Shall mean an open space extending across the full width
of the lot between the wall of the structure of principal use (or
as applicable, the extension line as defined below) at any given point
and the front lot line using a line of determination being perpendicular
to the structure of principal use (or extension line as the case may
be) at any given point and extending to the front lot line. As used
herein, the term "extension line" shall be deemed to refer to a line
drawn from any side wall of the structure of principal use closest
to the point of a side lot line where such side wall is closest to
the front lot line and running parallel to the front lot line from
such point to the nearest side lot line; provided, however, that in
the case of a lot with a curved front lot line, the extension line
shall not run parallel to the front lot line but instead shall follow
the arc of the curve of the front lot line.
[Ord. No. 2017-12 § 1]
Shall mean the area lying between the rear lot line and the
setback line and extending from side lot line to side lot line.
Shall mean the area between the side lot line and the setback
line and extending from the rear of the front yard to the front of
the rear yard.
