For the purposes of this chapter, certain phrases and words are herein defined as follows:
A. 
Words used in the present tense include the future; and words in the singular number include the plural number and vice versa.
B. 
The word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used."
C. 
The word "lot" includes the words "plot," "premises" and "tract."
D. 
The word "building" includes the words "structure," "dwelling" or "residence."
E. 
The word "shall" is mandatory and not discretionary.
F. 
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). Moreover, whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specifically defined to the contrary in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE or USE
A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An "accessory building" attached to the principal building shall be considered part of the principal building.
ADMINISTRATIVE OFFICER
The Borough Clerk of the Borough of Woodbury Heights, Gloucester County, New Jersey.
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or off-tract property, such as but not limited to improper circulation and drainage rights-of-way, as defined in N.J.S.A. 40:55-1.2, as amended;[1] inadequate drainage facilities; insufficient street widths; unsuitable street grades; street locations unsuitable to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size; and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
ALTERATIONS or ADDITIONS, STRUCTURAL
Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers.
APPLICANT
The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT
The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
BASEMENT
A portion of a building having more than 50% of its clear height below the average finished contact grade along the outside walls of the building.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds. All "billboards" are prohibited.
BOARD
The Planning Board or the Zoning Board of Adjustment of the Borough of Woodbury Heights, as the case may be.
BOROUGH
Borough of Woodbury Heights, Gloucester County, New Jersey.
BUILDING
Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING COVERAGE
The square footage or other area measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the facades, and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outer extremities of the roof above the columns.
BUILDING HEIGHT
The vertical distance measured to the highest point from the mean elevation of the finished grade five feet away from the foundation along the side or sides of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot the height shall be measured on the street having the greatest slope. In all cases, this chapter provides for height limitations by reference to a specified maximum footage and the specified number of stories within said footage.
CANNABIS
Means all parts of the plant Cannabis Sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L.2021, c.16 (C.24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L.2009, c.307 (C.24: 6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35- 2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (C.2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L.1970, c.226 (C. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24: 21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4: 28-6 et al.).
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CANNABIS CULTIVATOR
Shall mean any licensed person or entity that grows, cultivates, or produces cannabis in this State, and sells and may transport this cannabis to other cannabis cultivators or useable cannabis to cannabis manufacturers, cannabis wholesalers or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivators license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CANNABIS DELIVERY SERVICE
Shall mean any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CANNABIS DISTRIBUTOR
Shall mean any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishments to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributors license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CANNABIS MANUFACTURER
Shall mean any licensed person or entity that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to the other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturers license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CANNABIS RETAILER
Shall mean any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers and sells these to the consumers from a retail store and may use a cannabis delivery service or a certified cannabis handler for the off -premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retail license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CANNABIS WHOLESALER
Shall mean any licensed person or entity that purchases or otherwise obtains stores, sells, or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CARTWAY
The hard or paved portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the "cartway" is that portion between the edges of the paved or graded width.
COMMISSION (CANNABIS)
The Cannabis Regulatory Commission established pursuant to Section 31 of P.L.2019, c.153 (N.J.S.A. 24:6I-24).
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
COVERAGE
The square footage or other area measurement by which all impervious surfaces cover a lot, as measured in a horizontal plane to the limits of the impervious area or areas. All parking areas shall be included in the total coverage area.
DEVELOPMENT
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 any mining, excavation or landfill; and any use or charge in use of any building or other structure or land or extension of use of land, for which permission may be required.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities 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.
DWELLING UNIT
A room or series of connected rooms designed for permanent residency containing living, cooking and sanitary facilities for one housekeeping unit. The "dwelling unit" shall be self-contained and shall not require the use of outside stairs to a second floor, passing through another dwelling unit or other indirect route or routes to get to any portion of the "dwelling unit," nor shall there be shared facilities with another housekeeping unit.
A. 
DETACHED SINGLE-FAMILY DWELLING UNITA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.
EASEMENT
A use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation or particular persons for specific uses.
ELECTRIC VEHICLE CHARGING STATION
A parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy by conductive or inductive means) to a battery or other energy storage device in an electric vehicle, and that is 1) publicly owned and publicly available (e g., park and ride parking, public library parking lot, on-street parking), or 2) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots).
[Added 9-15-2021 by Ord. No. 17-2021]
ELECTRIC VEHICLE PARKING SPACE
Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
[Added 9-15-2021 by Ord. No. 17-2021]
FLOODPLAIN
The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the following components:
A. 
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
B. 
FLOOD HAZARD AREALand in the floodplain subject to a one-percent or greater chance of flood in any given year.
C. 
FLOOD FRINGE AREAThe portion of the flood hazard area outside the floodway.
HOTEL and MOTEL
A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
LICENSE (CANNABIS)
Means a license issued by the State, including a license that is designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery license. The tern includes a conditional license for a designated class, except when the context of the provisions of the Public Laws of the State otherwise intend to only apply to a license and not a conditional license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
LICENSEE(CANNABIS)
Means a person or entity that holds a license issued by the State, including a license that is designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery license, and includes a person or entity that holds a conditional license for a designated class, except when the context of the provisions of the Public Laws of the State otherwise intend to only apply to a person or entity that holds a license and not a conditional license.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
LOADING SPACE
An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical distance.
LOT
Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for the purpose of this chapter, contiguous undersized lots under one ownership shall be considered one "lot," and except further that no portion of an existing public street shall be included in calculating the lot boundaries or areas.
LOT AREA
The area contained within the lot lines of a lot, not including any portion of a street right-of-way.
LOT, CORNER
A lot fronting on two streets at their intersection in a residence district. The front yard on a corner lot shall be designated along the improved street frontage which the front door of the house faces. The front yard shall meet the minimum required lot frontage. The rear yard shall be opposite the front yard.
[Amended 9-15-2021 by Ord. No. 17-2021]
LOT DEPTH
The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
070--Image-1 lot depth.tif
LOT FRONTAGE
The horizontal distance between side lot lines measured along the street line. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the "lot frontage."
LOT, INTERIOR
A lot other than a corner lot.
LOT WIDTH
The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum "lot width" shall be measured at the minimum required building setback line.
MAINTENANCE GUARANTY
Any security, other than cash, which is acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in accordance with this chapter.
MANUFACTURE (CANNABIS)
Means the drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the municipality, which shall have been duly adopted by the Planning Board.
MEDICAL CANNABIS
Means cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,"P.L.2009, c.307 (C.24: 6I-1 et al.) and P.L.2015, c.158 (C. 18A:40-12. 22 et al.). "Premises" or "licensed premises" includes the following areas of a location licensed under the Public Laws of the State: all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy.
[Added 5-18-2022 by Ord. No. 11-2022; amended 10-19-2022 by Ord. No. 20-2022]
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or governing body or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NONCONFORMING BUILDING or STRUCTURE
A building or structure which, in its location upon a lot or in its size, does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING LOT
A lot of record which does not have the minimum width, frontage or depth or cover the minimum area for the district in which it is located.
NONCONFORMING USE
A use occupying a building, structure or lot which does not conform to the use regulations for the district in which it is located.
PARKING SPACE
An area of not less than 10 feet wide by 20 feet in length, unless Otherwise specified in this chapter, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
070--Image-2 parking space.tif
PERFORMANCE GUARANTY
Any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made, including performance bonds, escrow agreements or others similar collateral or surety agreements.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PLAT
The map of a subdivision or site plan and is used interchangeably in this chapter with "plan."
A. 
SKETCH PLATThe sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
B. 
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
C. 
FINAL PLATThe final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations.
PRINCIPAL USE
The main purpose for which a lot or building is used.
PUBLIC PURPOSE USES
The use of land or buildings by the Borough of Woodbury Heights or the Woodbury Heights Board of Education or any officially created authority or agency thereof.
RESTAURANT
Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."
RESTAURANT, DRIVE-IN
Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools, tables or bars outside the building or primarily for consumption in an automobile parked on the premises, whether brought to said automobile by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such "drive-in restaurants" and refreshment stands are specifically prohibited in all districts.
RESUBDIVISION
The further division of a lot or the adjustment of a lot line or lot lines.
RIGHT-OF-WAY
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.
SERVICE STATION
Lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.
SETBACK LINE
A line drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
070--Image-3 setback line.tif
SHOPPING CENTER
A group of commercial establishments built on one tract that is planned and developed as an operating unit. It provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
SIGHT EASEMENT AT INTERSECTION
A triangular-shaped area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained higher than two feet in height, except for street signs, fire hydrants and light standards.
SIGN
Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.
SITE PLAN REVIEW
The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board.
SITE PLAN, MAJOR
Any site plan not classified as a minor site plan.
[Added 9-15-2021 by Ord. No. 17-2021]
SITE PLAN, MINOR
[Added 9-15-2021 by Ord. No. 17-2021]
A. 
A site plan of one or more lots which is not exempted from site plan review by this chapter. Individual lot applications for one- or two-dwelling-unit buildings and accessory structures shall not be required to obtain minor site plan approval. A minor site plan shall include any of the following:
(1) 
Construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure that results in not more than 15% additional building coverage;
(2) 
Clearing, grading or disturbance of any area less than 5,000 square feet for nonagricultural purposes;
(3) 
Any change in use of any building or other structure or land;
(4) 
Any extension of use of land, including the use of land for outdoor sales of products, approved off-site, whether such use is temporary or permanent;
(5) 
Any development that requires no more than five new parking spaces as determined in accordance with § 70-49.20 of this chapter.
B. 
Any application that includes one or more of the following shall be considered a major site plan:
(1) 
A planned development;
(2) 
A new street;
(3) 
A connection with an off-site drainage system or outfall of drainage onto an adjoining property;
(4) 
An extension of any off-tract improvement.
STORY
That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A "half story" is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by N.J.S.A. 40:55D-1 et seq.; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTURE
Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools.
SUBDIVISIONS
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: 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; divisions of property by testamentary or intestate provisions; divisions of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
A. 
MINOR SUBDIVISIONAny division of land containing an aggregate of not more than three lots [two new lots and the remaining parcel], each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of borough facilities; not involving any street or streets requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street or streets, as applicable, shall be deeded to the borough or to the appropriate governmental authority prior to classification as a "minor subdivision;" not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map or this chapter; not being a further division of an original tract of land for which previous "minor subdivision or subdivisions" have been approved by the borough within the past two-year period of time from the date of the current application and where the combination of the proposed and approved "minor subdivision or subdivisions" constitutes a major subdivision; and not being deficient in those details and specifications required of "minor subdivisions" as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the ordinance of which this chapter is a revision on the borough tax maps. Any readjustment of lot lines resulting in no new lot lines shall be classified as a "minor subdivision."
B. 
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
SWIMMING POOL, PORTABLE
"Portable swimming pools" shall not be subject to the requirements of this chapter and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of 100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling and shall include all buildings, structures, equipment and appurtenances thereto.
VARIANCE
A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.
YARD, FRONT
An open space extending across the full width of the lot lying between the street line and the closest point of the principal building on the lot. The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required "front yard" shall be the same as the required setback.
YARD, REAR
An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback.
YARD, SIDE
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.
070--Image-4 yard side.tif
[1]
Editor's Note: See N.J.S.A. 40:55D-3 through 40:55D-7.