[Ord. No. 96-05; Ord. No. 97-29 § 201; Ord. No. 98-01 § 3; Ord. No. 98-11 § 1; Ord.
No. 99-01 § 1; Ord. No.
00-18 § 1; Ord. No. 03-02; Ord. No. 04-26 § 10; Ord. No. 05-24 § 3; Ord. No. 10-24 § 1; Ord.
No. 10-27 § 1; Ord. No.
11-08 § 1; Ord. No. 13-21 § 1]
As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section unless the context
otherwise requires:
Shall mean a use or structure subordinate to the principal
use or structure on the same lot and serving a purpose customarily
incidental to the principal use or the principal structure. Where
an accessory building is attached to a principal building by a roof,
wall or the like, or within three feet of the principal building,
such accessory building shall be considered part of the principal
building. Examples of accessory structures include (without limitation):
detached garages, storage shed, pool cabanas.
Shall mean an expansion, extension or increase in either (a) floor area of a building; (b) height of a building; (c) or a structure. See Section 35-807 for its application to designated landmarks.
Pursuant to the Municipal Land Use Law, the Administrative
Officer for the Planning Board shall be the Assistant to the Borough
Administrator. The Administrative Officer for the Zoning Board of
Adjustment shall be the Zoning Officer.
Shall mean residential development intended and operated
for occupancy by persons 55 years of age or older, where at least
80% of the units are occupied by at least one person who is 55 years
of age or older and no permanent resident shall be under the age of
18.
Shall mean any change, addition or modification in a building
or structure for which a construction permit is required by the Borough
of Tenafly.
Shall mean a dwelling unit in a building containing two or
more dwelling units.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, conditional use, zoning variance, zoning permit, or for direction
of the issuance of a permit pursuant to this chapter.
Shall mean a residence for the elderly that provides rooms
and personal care services, which may include accessory health services,
recreational activities, financial services, and transportation for
residents only subject to license by the State of New Jersey.
Shall mean the open, uninhabitable space between the top
of the ceiling beams of the top habitable story and the roof rafters
in any building. See Sketch 6. (Sketches may be found in the office
of the Borough Clerk.)
See automobile/vehicle repair facility.
Shall mean a building or portion of a building in which automobile
body or vehicle collision repairs, painting, mechanical, electronic
or electrical maintenance, overhauling or replacement of automobile
or vehicle parts is conducted as a business for profit.
Shall mean a building or place of business where either gasoline,
fuel, oil and grease and/or batteries, tires and vehicle accessories
are sold and where mechanical, electronic and electrical repair, but
not body repair, may be rendered as an accessory activity, provided
that all such repair takes place within the confines of a building.
That elevation obtained by averaging the finished grade elevations
adjacent to the building at points 10 feet apart around the perimeter
of the foundation. The existing grade elevations shall be obtained
from the elevations of the ground at the time of the building permit
application.
[Amended 2-26-2019 by Ord. No. 19-01]
Shall mean a roof-like cover that projects from a building
wall for the purpose of shielding a window or doorway from the elements.
Shall mean that story of a building having less than 1/2 of its floor to floor height below average grade. See Sketch 1 attached to this chapter.
Shall mean the combined assembly of a base, pole, backboard, hoop and net elements, whether portable or permanently fixed, that form a structure for informal, recreational basketball play. The term shall not be used to designate full, regulation size or other-sized basketball courts or platforms, which are regulated under the provisions of subsection 35-808.2 entitled Tennis, Basketball and Sports Courts.
Shall mean an area either in its natural state or planted
with evergreen or other vegetation, fences, walls, berms or any combination
thereof used to physically separate or screen one use or property
from another so as to visually shield or block noise, lights or other
nuisances. Such areas may not contain buildings, parking areas or
aisles, or storage areas, except that driveways providing access from
the street to the site may extend through a front yard buffer. Signs
approved by the approving authority may also be included.
Shall mean a structure enclosed by exterior walls and roof,
built, erected and framed of component structural parts, designed
for housing, enclosure and shelter of individuals, animals or property
of any kind. When used herein, "buildings" and "structures" shall
be interchangeable except where the context clearly indicates otherwise.
The area of the lot covered by all buildings, including decks which require railings and any eave, bay or similar projection in excess of 24 inches. See Subsection 35-802.9h. See Sketch 2.
[Amended 2-26-2019 by Ord. No. 19-01]
Shall mean the area within a lot in which a principal structure
may be built in compliance with the setback and other applicable requirements
of this chapter.
See Height of building.
Shall mean the line, established by this chapter or other
applicable ordinance, beyond which line a building shall not extend
except as may specifically be provided by this chapter. Also refers
to the term setback line.
Shall mean a building designed, intended or occupied for
general office or retail use only on the first floor and residential
use only on a second floor or floors above the first story.
Shall mean a roof like cover either freestanding or attached
to a building wall and supported totally or partially by the ground
below.
Shall mean that story of a building having one-half or more than 1/2 its floor to floor height below average grade. See Sketch 1 attached to this chapter.
See subsection 35-807.5.
Shall mean the use of a building or land which is in any
manner different from the previous use by way of function, operation,
extent, products sold or manufactured and the like, including a change
from one permitted use to another kind of permitted use in the same
zone, as well as any change in activity which changes, alters or enlarges
the previous use or which will change, alter, enlarge or affect drainage,
traffic, parking, sidewalks, paving, landscaping, fencing, sanitary
disposal or other similar considerations under the site plan review
requirements.
Shall mean an institution offering the provision of supplemental parental care and supervision for non-related children, on a regular basis during part or all of the day, under license by the New Jersey Department of Human Services. The term "child-care center," as used herein, includes the terms "infant-care center," "day nursery," "day-care center," "nursery school" or similar phrases. See section 35-802.15.
Shall mean a building to house only a duly organized or incorporated
club not organized or conducted for profit and which is used exclusively
for membership purpose, provided that such clubhouse is not an adjunct
to, or operated by or in conjunction with a public tavern, cafe or
other place of business. A clubhouse may contain a dwelling unit for
a caretaker.
Shall mean any vehicle other than a private passenger vehicle,
and shall include buses, private vehicles used for commercial purposes,
trucks, trailers, construction equipment and any vehicle bearing a
commercial registration plate, but not including, utility trailers
or recreation vehicles.
Shall mean any community residential facility licensed pursuant to P.L. 1977, c.448 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 hostels. See subsection 35-805.4.
Shall mean 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 by the Planning Board.
See Lot, corner.
Shall mean an open, unoccupied space which is on the same
lot or parcel with a building and bounded on three sides by the walls
of such building or buildings and every part of which is clear and
unobstructed from its lowest point to the sky.
See Building coverage.
Shall mean any retail establishment (generally not part of
a chain of similarly branded establishments) offering for sale items
including but not limited to prepackaged food products, newspapers
and magazines, cold cuts, sandwiches and other freshly prepared foods,
such as salads, primarily for off-site consumption but not a fast
food establishment or restaurant.
Shall mean the razing of any improvement or the obliteration of any feature of a structure or site. For structures or sites that are under the jurisdiction of the Historic Preservation Commission refer to subsection 35-807.8 of this chapter.
Shall mean the permitted number of dwelling units per gross
area or unit of land to be developed.
Shall mean and pertains to exterior features including mass,
proportion, height, appearance, fenestration, ornamentation, patterns,
color, and the texture, nature and composition of materials.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or land fill and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this
chapter.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen nonpoint pollution, to maintain the integrity of stream
channels for their biological functions as well as for drainage, and
the means necessary for water supply preservation or prevention or
alleviation of flooding.
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with Chapter One of Title 58 of the Revised Statutes of the State
of New Jersey.
Shall mean a bank that includes a staffed facility either
within the principal structure or in a freestanding accessory structure
which, by design, encourages or permits customers to receive services
while remaining in their motor vehicles.
Shall mean any permanent building or portion thereof designed
or used exclusively as the residence of one or more persons.
Shall mean one or more rooms occupied or intended for occupancy
as separate living quarters by one family provided that access is
directly from the outside or through a common hall and that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants.
Shall mean a one-family dwelling unit attached to a building
in a row of units in which each unit has its own access to the outside,
no unit is located above another unit or units, and each unit is separated
from any other unit by one or more common fire-resistant walls.
Shall mean a dwelling unit which is completely surrounded
by open space.
Shall mean one or more buildings containing multifamily dwelling
units located one above the other, and/or side-by-side units, with
an entrance off a common hallway.
Shall mean a building containing dwelling units for more
than two families.
Shall mean a building containing at least three attached
single-family dwelling units.
Shall mean a building designed for or intended to contain
only two dwelling units arranged in a duplex (i.e. one above the other)
or as semi-detached units (i.e. side by side with a common wall between
the two adjacent dwelling units). Each dwelling unit shall have a
separate entrance.
Shall mean any number of persons related by blood, marriage
or adoption or living together as a single housekeeping unit.
Shall mean an establishment that has one or more of the following
characteristics:
Primarily serves ready-to-eat foods, frozen desserts, or beverages,
in edible or paper, plastic or disposable containers;
Usually serves food over a general food counter or take-out
counter;
Devotes a minimum of 45% of the establishment's gross floor
area to food preparation, storage or related activities.
Serves food through a drive-in or drive-through window.
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Any food establishment that provides table service by wait staff
and serves food on washable plates, cups, glasses and uses metal utensils
is not considered a "fast food establishment." A delicatessen shall
not be deemed a "fast food establishment." A "fast food establishment"
shall not be considered a "restaurant."
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Any type of freestanding wall or structural enclosure (other than a wall of a building) whether of wood, lumber, metal, wire, concrete, or other material. See Sketches 3- 5 attached to this chapter.
[Amended 2-23-2021 by Ord. No. 21-01]
Shall mean the official action of the municipal agency taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the final map of all or a portion of the subdivision
which is presented for final approval in accordance with these regulations
and which, if approved, shall be filed with the proper County Recording
Officer.
Any handgun, rifle, shotgun, machine gun, automatic or semiautomatic
rifle, or any gun, device or instrument in the nature of a weapon
from which may be fired or ejected any solid projectable ball, slug,
pellet, missile or bullet, or any gas, vapor or other noxious thing,
by means of a cartridge or shell or by the action of an explosive
or the igniting of flammable or explosive substances. It shall also
include, without limitation, any firearm which is in the nature of
an air gun, spring gun or pistol or other weapon of a similar nature
in which the propelling force is a spring, elastic band, carbon dioxide,
compressed or other gas or vapor, air or compressed air, or is ignited
by compressed air, and ejecting a bullet or missile smaller than 3/8
of an inch in diameter, with sufficient force to injure a person.
[Added 11-9-2021 by Ord. No. 21-21]
Shall mean the area of a floor encompassed within the outer
surface of the exterior walls of the building at that floor level,
excluding cellar floors or any space where the floor to ceiling height
is less than seven feet.
Shall mean the sum of the area of all floors of buildings
or structures, including any open area beneath a roof, such as covered
patios, porches and decks at all levels, breezeways, carports and
the like, excluding the first 400 square feet of garage area, compared
to the total area of the site.
See Yard, front.
Shall mean an accessory building or structure or portion
of a main building or structure only for the parking of vehicles of
the occupants of the principal use, building or structure on the lot.
Shall mean a building designed or used as a commercial parking
facility.
See Dwelling, garden apartment.
See Automobile/vehicle service station.
Shall mean the Mayor and Council of the Borough of Tenafly.
See Story, half.
Shall mean an establishment that provides facilities for
physical fitness, strength conditioning, aerobic exercise, game courts,
swimming facilities, sauna, sports medicine doctor offices, ancillary
management office space, and other fitness devices. The establishment
may also include ancillary pro shops, locker rooms and showers, food
and snack bar, instruction and weight control programs, and other
accessory uses for its members. The term includes, but is not limited
to "health spas," "sports clubs" and "gyms."
Shall mean a natural boundary formed by closely growing plant
life, shrubs and/ or bushes that creates a division or privacy in
outdoor spaces.
[Amended 2-23-2021 by Ord. No. 21-01]
The vertical dimension measured from the average grade adjacent
to the building foundation to the highest point of the building, including
roof structures, open and enclosed, but excluding chimneys, smokestacks,
and flagpoles. The height limitation shall not apply gables, cupolas,
spires, or similar structures for any principal structure located
within a designated historic district of the Borough, provided that
no such exception shall exceed the prescribed height limitation by
more than six feet, and provided further that such exception shall
be approved pursuant to a certificate of appropriateness issued by
the Historic Preservation Commission of the Borough of Tenafly. In
no case in residential zones shall the average grade be more than
one foot above the average existing grade for the purposes of measuring
building height.
[Amended 2-26-2019 by Ord. No. 19-01]
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites. An area designated by
a local, State, or Federal authority within which the buildings, structures,
appurtenances and/or places are of basic and vital importance because
of their association with history or their unique architectural style
and scale, including form, proportion and/or architectural detail,
the design of which should be preserved and/or developed according
to a fixed plan.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
have been identified in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
Shall mean the portion of a lot which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, swimming pools, tennis courts, parking areas, garages, walkways, patios, loading areas, hard surfaces and other impervious materials. Detention or retention basins shall be excluded from such calculations, provided that the same are constructed of pervious materials. See Sketch 8 attached to this chapter.
Shall mean any structure or part thereof constructed or installed
upon real property by human endeavor and intended to be kept at the
location of such construction or installation for a period of not
less than 60 days.
Shall mean the official recognition of any site, building,
structure or district that has been documented to have or contain
architecturally, historically, archaeologically, culturally or scenically
significant features or elements and that adheres to the criteria
as established by the Historic Preservation Commission in accordance
with the provisions of this chapter and designated in an historic
overlay zone.
Shall mean an off-street space or berth on the same lot with
a building or group of buildings for the temporary parking of a vehicle
while loading or unloading.
Shall mean a parcel, tract or area of land established by
a plat or as otherwise permitted by law and to be used, developed
or built upon as a unit.
See definition of Building coverage.
Shall mean the longest horizontal distance measured along
a straight line perpendicular to the street line of such lot between
the point where such line intersects the street line of such lot and
the point where such line intersects another lot line of such lot
provided, that with respect to a corner lot, the greater dimension
of the length or width shall be deemed the depth of such lot. The
depth of a lot is the greatest distance which is perpendicular to
its width from the street.
Shall mean the distance between the side lot lines, measured along the front lot line or the street line. See Sketch 10 attached to this chapter.
Shall mean the area contained within the lot lines of a lot,
but shall not include any portion of a right-of-way.
Shall mean a parcel of land with two or more adjacent sides abutting upon streets. Each street side shall be considered a front yard. See Sketch 9 attached to this chapter.
Shall mean a lot other than a corner lot. See Sketch 9 attached to this chapter.
Shall mean a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. See Sketch 9 attached to this chapter.
Shall mean the distance between the side lines of a lot measured at right angles to its depth along a line parallel to the front lot line at the minimum required building setback line. See Sketch 11 attached to this chapter.
Shall mean any security which may be accepted by the Borough
for the maintenance of any improvements required by this chapter,
including but not limited to cash, surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40-55D-53-5.
See subsection 35-807.5.
Shall mean any subdivision not classified as a minor subdivision.
Shall a permanent structure attached to a building wall,
having horizontal or nearly horizontal top and bottom surfaces, which
is intended to serve as a covering over the ground below and the objects
thereon.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the Borough which shall have
been duly adopted by the Tenafly Planning Board.
Shall mean a permanent structure or building used for the
entombment of human remains in crypts, vaults and niches.
Shall mean offices and laboratory facilities constructed
for the use of physicians and other health personnel. Within the context
of the term "medical office", supportive uses such as medical and
dental laboratories, blood banks, oxygen and miscellaneous types of
supplies and services shall also be permitted.
See subsection 35-807.5.
Shall mean a subdivision of land for the creation of three
lots or less, provided that such subdivision does not involve: (a)
a planned development, (b) any new street, or (c) the extension of
any off-tract improvement, the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
Shall mean a structure that was completely fabricated and
assembled in an off-site manufacturing facility.
Shall mean a structure constructed integrally with a truck
or motor van chassis designed for human habitation and incapable of
being separated therefrom.
Shall mean the Planning Board or Board of Adjustment or Governing
Body of the Borough when acting pursuant to this chapter.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of zoning
regulations, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of zoning
regulations, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of zoning regulations, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
Shall mean a structure which detracts from or is disruptive
to either the historic character or design of the streetscape. A noncontributory
structure may be distinctive or significant in its own right. A noncontributory
structure may also be a severely altered old structure.
Shall mean a facility licensed or approved to provide full
time convalescent or chronic care to individuals who are unable to
care for themselves, but not including the care or treatment of mental
illness, alcoholism, or narcotics addiction.
Shall mean located outside the lot lines of the lot in question.
Shall mean the official newspaper as designated by the Governing
Body.
Shall mean located within the lot lines of the lot in question.
Shall mean any parcel or area of land dedicated, designated
or reserved for public or private use or enjoyment, or for the use
and enjoyment of owners and occupants of land adjoining such open
space.
Shall mean a zoning district that encompasses one or more
underlying zone and that imposes additional requirements beyond those
required for the underlying zone.
Shall mean an open area, other than a street or other public
way, used for the parking of motor vehicles and available for public
use, whether for a fee or as a service or privilege for clients, customers,
suppliers or residents. A "parking area" shall include access drives
and aisles.
Shall mean an accommodation for the off-street parking of
a motor vehicle, having an area, exclusive of access drives and aisles,
as specified in this chapter.
Shall mean that area of a lot covered with masonry pavers,
concrete, asphalt, bituminous concrete or similar materials, with
the exception of swimming pools, but including the surrounding deck
made of materials described above.
Shall mean any security, which may be accepted by a municipality,
including but not limited to cash, surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40-55D-53.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean any individual, firm, trust, partnership, association,
corporation or similar entity.
Shall mean a business primarily engaged in rendering services
involving the care of a person or his or her personal goods or apparel.
Shall mean a building wherein persons regularly assemble
for religious worship, which is used for such purposes and those necessary
activities are customarily associated therewith, and for which the
use qualifies for tax exemption as a nonprofit religious institution.
Shall mean an educational facility forming an adjunct to
and on the same site as a place of worship and used only for specialized
religious instruction, not including regular school classes of the
type operated by the Board of Education of the Borough of Tenafly.
Shall mean the Planning Board established pursuant to this
chapter.
Shall mean a map or maps of a subdivision.
Shall mean the conferral of certain rights pursuant to subsections
34, 36, and 37 of the Municipal Land Use Law prior to final approval
after specific elements of a development plan have been agreed upon
by the municipal agency and the applicant.
Shall mean the main purpose for which a lot or building is
used.
Shall mean the work place or instruction areas of an artist,
musician, photographer, craftsperson, film and video producer, dance
instructor or like professional person.
See Yard, rear.
Shall mean a transportation structure, self propelled or
capable of being towed, primarily designed or constructed to provide
temporary, movable facilities for recreational, camping, travel use,
or to carry such equipment, but not for profit or commercial use nor
shall it be a mobile home. Recreational vehicles shall include but
not be limited to campers, motor homes, boats, snowmobiles and their
trailers.
Shall mean the reconstruction or renewal of any part of an
existing building for the purpose of its maintenance. For the purposes
of historic preservation pertaining to any historic site(s), streetscape(s),
or districts, any work done or any improvement is considered repair
when (a) it is not an addition to the improvement and (b) does not
change the appearance of the exterior surface of any improvement.
Shall mean repairs when a building permit is required for
same. The term "replacement" used in this section is not to be confused
with "replacement" as used in an architectural sense, such as "replacement
windows," "replacement doors," etc.
Shall mean any facility or part thereof located entirely
within the confines of a building, designed primarily for the preparation
and service of food and beverages for immediate consumption by customers
seated at tables or counters within said building and served by a
wait staff on washable dinner ware and metal utensils. The term "restaurant"
shall not include any fast food establishment or delicatessen. The
facility may include as ancillary or accessory functions which are
not the primary functions (1) the sale to customers within the building
of food and beverages for consumption off and away from the premises,
(2) the delivery of food and beverages to customers located off and
away from the premises and (3) the provision for outdoor seating.
See definitions for "fast food establishment," and "delicatessen"
for businesses serving food and/or beverage not covered under the
definition of restaurant.
Shall mean any facility or part thereof the primary, normal
and usual function of which is the sale of food and beverages prepared
for immediate consumption, and packaged or wrapped in paper or other
disposable containers for sale over the counter or at a drive-up window
to customers for consumption within the building or away from the
premises.
A retail firearms dealer licensed by the State of New Jersey
or by the United States government.
[Added 11-9-2021 by Ord. No. 21-21]
See Wall, retaining.
Shall mean the municipally owned or controlled street and
the strip of land owned by the municipality between the street curb
and the adjacent private property reserved for the construction of
sidewalks, the installation of utility poles and other utility and
municipal services.
Shall mean a structure containing separate, individual, and
private storage spaces of varying sizes leased or rented for varying
periods of time.
See Yard, side.
Shall mean the triangular area formed at street intersections or the area formed by the centerline intersection of a commercial, industrial or multifamily dwelling driveway or an at-grade-railroad crossing with the street right-of-way so a driver's vision of oncoming traffic in not impeded. See Sketch 12 attached to this chapter.
Shall mean signs are regulated by Chapter 14 of the Municipal Code.
See Chapter 28 of the Municipal Code.
Shall mean any land areas with a topographic slope 15% or
greater in grade shall be considered "steep sloped areas" in the Borough,
and such "steep sloped areas" shall be deemed to be "critical areas"
for the purposes of this chapter.
Shall mean pertaining to construction materials that are
required to be stored inside of buildings within Zone C, such materials
are considered to be "stored" in such place as such materials remain
from the close of business on one day until the commencement of business
on another day.
Shall mean water resulting from precipitation that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or is conveyed by snow removal equipment. See Chapter 27 of the Municipal Code for regulations governing stormwater management.
Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. The term "story" shall not include a cellar as defined herein. See Sketch 6 attached to this chapter.
Shall mean a space under a sloping roof which has the line of intersection of the roof and the wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath. See Sketch 7 attached to this chapter.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is an existing State, County or
municipal roadway, or which is shown on a plat heretofore approved
pursuant to law, or which is approved by official action as provided
by statute, or which is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the establishment
of the Tenafly Planning Board and its power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and comprised of pavement, shoulders, gutters, curbs, sidewalks, parking
areas within the street lines.
Shall mean the line which separates the right-of-way from
the private property which abuts such right-of-way as distinct from
a sidewalk line, curbline or edge-of-pavement line. On a street shown
on the adopted Master Plan or Official Map of the Borough, the "street
line" shall be considered to be the proposed right-of-way line for
the street.
Shall mean the visual character of the street, including
but not limited to, the architecture, fences, gates, storefronts,
signs, lighting, paving, setbacks, color, materials and landscaping.
Shall mean a combination of materials forming a construction
for occupancy, use or ornamentation whether installed on, above or
below the surface of a parcel of land, but not including surface pavement,
such as sidewalks, driveways, parking areas and similar installations.
Shall mean the division of a lot, tract, or parcel of land
into two or more lots, tracts, or parcels or other divisions of land
for sale, development or lease. The following shall not be considered
subdivisions, provided, however, that no new streets or roads are
created:
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1.
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Divisions of land for agricultural purposes where the resulting
parcels are five acres or larger in size;
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2.
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Divisions of property by testamentary or intestate provisions;
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3.
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Divisions of property upon court order, including but not limited
to judgments of foreclosure;
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4.
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Consolidation of existing lots by deed or other recorded instrument;
and
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5.
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The conveyance of one or more adjoining lots, tracts, or parcels
of land, owned by the same person or persons and all of whom 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.
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Shall mean a retail sales establishment offering a complete
line of food and food products, including groceries, fresh meat and
poultry, fresh produce and dairy products, which establishment may
include the sale of household convenience items, fresh flowers and
potted plants and health products, and which may also include the
sale of ready-to-eat, prepared foods such as delicatessen products,
fresh baked goods, salads and soups for off-premises consumption,
but not including a restaurant of any kind.
Shall mean a facility for a company or companies associated
with or in support of computer/information technology services or
research and development. Said facility shall not include retail uses
related to computer/information technology.
Shall mean activities permitted for a limited amount of time as outlined under subsection 35-802.14 of the chapter.
Shall mean except for historic sites, the destruction of
a building or structure exceeding 50% of the cost of replacing that
building or structure. Total destruction for historic landmarks shall
mean the destruction of 100% of the building or structure.
See Dwelling, townhouse.
Shall mean tree removal activities are governed by Chapter 26 of the Municipal Code.
See subsection 35-807.5.
Shall mean a structure constructed and erected between lands
of different elevations to protect structures, create a horizontal
surface for lawn or recreation, and/or to prevent erosion.
Shall mean a building used primarily for the storage of goods
and materials. Such use shall not include outdoor storage.
Shall mean an open space, other than a court, on a lot unoccupied
and unobstructed from the ground upward, except as otherwise specifically
provided by these regulations.
Shall mean the area between the building and any lot line fronting on a street is a front yard. For corner lots the area of such lot facing each of the street sides shall be considered a front yard. See Sketches 13-16 attached to this chapter.
Shall mean the yard between the rear of a building and the rear lot line; or for a triangular lot, the point where the two side lot lines converge and extending from side lot line to side lot line. For corner lots, the rear yard shall be opposite the shortest street frontage. See Sketches 13-16 attached to this chapter.
Shall mean a yard between any portion of a building or structure and the adjacent side line of the lot. See Sketches 13-16 attached to this chapter.
Shall mean the Zoning Board of Adjustment pursuant to this
chapter.
[Ord. No. 97-29 § 202]
Whenever a term is not defined in this chapter, it is intended
to have the meaning set forth in N.J.S.A. 40:55D if defined by that
statute. In the event of conflict between the definition in this chapter
and that contained in the statute, the definition in the statute shall
apply.
[Ord. No. 97-29 § 203; Ord. No. 10-24 § 2]
Words in the present tense include the future; words in the
singular include the plural number and words in the plural number
include the singular; the word "lot" includes the words "plot" and
"parcel;" the word "shall" is mandatory and not directive; and the
words "used" and "occupied" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied,
or offered for occupancy."
